Terms & Conditions
This Equipment Rental Agreement (“Agreement”) is entered into between Premium Trailers LLC (“Company”), located at 80548 Kik Rd, Hermiston, OR, 97838, and the undersigned individual or entity (“Renter”). By taking possession of the equipment, the Renter acknowledges they have read, understood, and agreed to be legally bound by these terms.
1. Rental Terms & Possession
The Renter acknowledges the equipment is the sole property of the Company. This Agreement is a contract for rental only, not a sale. The Renter’s right to use the equipment is limited to the duration of the rental period and is subject to full compliance with these terms.
2. Renter’s Operational Responsibility
As the Renter is responsible for all towing operations, the Renter assumes full liability for:
- Vehicle Compatibility: Ensuring their tow vehicle is properly equipped and rated to safely tow the equipment.
- Load Securement: Ensuring all cargo is properly secured in accordance with Department of Transportation (DOT) and state regulations.
- Safe Operation: Monitoring tire pressure, brake function, and lighting throughout the rental duration. The Company is not liable for any accidents, injuries, or property damage resulting from the Renter’s towing, maneuvering, or loading of the equipment.
3. Financial Obligations & Authorization
- Payment Authorization: Renter authorizes the Company to charge the credit/debit card on file for the rental fee, late fees, cleaning fees, repair costs, loss of equipment, and any other charges incurred under this Agreement.
- Late Returns: Equipment must be returned by the agreed-upon time. Late returns incur a penalty of the standard daily rate or $15 per hour, whichever is less. If a late return causes the Company to miss a subsequent reservation for another customer, the Renter is liable for the full revenue loss of that missed booking.
- Unpaid Balances: Any balance remaining unpaid after 7 days will be subject to a 1.5% monthly interest fee. Renter agrees to pay all costs of collection, including reasonable attorney’s fees.
4. Liability & Insurance
- Insurance Requirement: Renter must provide proof of active, valid auto liability insurance that extends coverage to towed equipment.
- Assumption of Risk: Company provides no insurance coverage. Renter assumes all risk of loss, damage, or injury to themselves, their passengers, the public, and third-party property arising from the use of the equipment.
- Indemnification: Renter agrees to indemnify, defend, and hold harmless Premium Trailers LLC from any and all claims, demands, damages, or lawsuits, including attorney's fees, arising out of the Renter's use of the equipment, even if the Company is alleged to be negligent (except in cases of gross negligence).
5. Prohibited Use & Restrictions
Use of the equipment for any of the following is a material breach of this Agreement, entitling the Company to immediate repossession without refund:
- Transporting hazardous, illegal, or prohibited materials.
- Operating the equipment off-road, on unpaved surfaces, or in violation of traffic laws.
- Exceeding the equipment’s Gross Vehicle Weight Rating (GVWR).
- Sub-renting or allowing unauthorized operators to tow the equipment.
6. Damage, Theft, & Loss
- Liability: Renter is strictly liable for all damage to the equipment, including tire blowouts, brake damage, and electrical failures caused by misuse or improper towing.
- Reporting: Theft or vandalism must be reported to local law enforcement within 24 hours, and a copy of the police report must be provided to the Company immediately.
- Replacement Fees: In the event of loss or unrepairable damage, Renter is liable for the current fair market value of the equipment.
7. Equipment Condition & Maintenance
The Renter accepts the equipment in "as-is" condition. The Renter must conduct a pre-departure inspection. No modifications or repairs are permitted without written consent from the Company.
8. Fees Schedule (Standardized)
Renter agrees to the following replacement costs for missing or damaged components:
- Straps: $30 per unit.
- Messy/Tangled Straps: $5 per strap if returned in a tangled, knotted, or uncoiled condition requiring manual labor to untangle or organize.
- Hitch Ball (2" or 2 5/16"): $50 – $300 (depending on model/type).
- Battery: $150.
- Cleaning Fee: Minimum $50 for excessive dirt/debris.
- Unauthorized Repair: Cost to revert equipment to original factory specifications.
- Note: Items not listed will be assessed at the cost of replacement plus a 20% administrative handling fee.
9. Governing Law & Dispute Resolution
This Agreement is governed by the laws of the State of Oregon. All disputes shall be settled in the courts of Umatilla County, Oregon. If any provision is deemed unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, while the remainder of the Agreement stays in full effect.