Rental Policy and Procedures
All flammable storage lockers will be pre-tripped by our certified technicians prior to the start of a new rental. Our pre-trip includes inspection of each dry chemical fire suppression system by a certified dry chemical technician that performs a full AES 21 inspection, testing and maintenance on the entire system. Inspection of the containers structural support, floor sump and raised grating, shelving, all added accessories, and the complete electrical system. All the equipment will be in 100% working order, and any damage to the container which will not interfere with the performance will be noted and put to the attention of the customer upon delivery. A detailed report, including pictures, will be provided to the customer prior to the Hazmat container leaving any A.H.R facility.
American Hazmat Rentals will provide a quote for transportation of the intended container, but our customers have the option of transporting it themselves or going with a third-party business to deliver/pick up the unit. Our customers will have the responsibility of paying for and coordinating the unloading and loading (at the end of their rental) of their containers from the semi-trailer by either forklift or crane, and placing the container in the desired location for the rental period. Note that our quotes do not include offloading, positioning of locker onsite, anchoring, electrical connections, grounding, site plan, or building and environmental permits. Units will be delivered on a standard flatbed trailer. The container will need to be unloaded by a minimum 10-ton forklift with 8′ long forks or an appropriately sized crane to be provided by the customer. Please place the container onto the level ground for proper use. Once the container has been placed in its desired location, it must stay in that location for the entire rental period due to the activation of its fire suppression system.
Once the container is in place, a local certified fire suppression technician will need to be dispatched to your location to inspect and energized the fire suppression system for operation. Depending on location, this will either be an AHR employee, or a contracted certified technician by pyro-chem. This will be an additional charge that can either be charged through American Hazmat Rentals or through your own company, but it is mandatory for the proper operation of your Hazmat storage container.
Reservations for rental items can be placed by email or by telephone. Our staff can assist you with your quote and completing your reservation. Quotes do not guarantee availability of rental equipment. A reservation should be made 2-12 weeks in advance prior to start of rental period, depending on availability of rental items or special-order requests.
Once our Hazmat Lockers are in place and connected to electricity, the customer will need to have a locally certified fire suppression system technician energize, test, and tag each Fire suppression system built into the hazmat container. Once the container is on rent, it is the customer’s responsibility as outlined in NFPA-17 11.2.1.1 to visually inspect the fire suppression system monthly. This inspection should entail (1) The extinguishing system is in its proper location. (2) The manual actuators are unobstructed, including the external pull station. (3) The tamper indicators and seals are intact. (4) The maintenance tag or certificate is in place. (5) The system shows no physical damage or condition that might prevent operation. (6) The pressure gauge(s), if provided, is inspected physically or electrically to ensure it is in the operable range. (7) The nozzle blowoff caps and heat links, where provided, are intact, clean, free of debris, and undamaged. (8) Neither the protected equipment nor the hazard has been replaced, modified, or relocated. If any deficiencies are found, immediately contact your AHR representative to take corrective action.
The entire fire suppression system must be routinely tested and tagged by a Pyro-Chem technician on a semi-annual basis (every 6 months) as outlined in NFPA-17 11.1.4 while in use. This is the customer’s responsibility. Please get in touch with us if you need help finding a local Pyro-Chem / Ansul fire suppression technician.
Hazmat and Flammable units should be connected to a static grounding system. This is a 10-foot long 5/8” diameter copper-clad steel grounding rod provided by AHR and located inside the container. The connection wire is located on the external back wall.
All electrical connections and external pull stations for the internal Fire Suppression System are located on the backside of the unit. We have a thermostat connected to the heater located inside the metal box that also houses the electrical power panel.
AHR delivery instructions
The offer does not include offloading, positioning of locker onsite, anchoring, electrical connections, grounding, site plan, or building and environmental permits. Units will be delivered on a standard flatbed trailer. The container will need to be unloaded by a minimum 10-ton forklift with 8′ long forks or an appropriately sized crane to be provided by the customer. Please place the container onto the level ground for proper use.
Transportation quotes are currently only valid for 7 days from the time this quote was sent.
Please consult your local and state authority for compliance with applicable regulations in your area.
Payment Terms: first-month rental and transportation are billed ARO at the time of shipping. Billing can be set up on a monthly or quarterly billing plan.
Lead Time: Call for the current lead time
Taxes and Tariffs: Not Included
All orders are marked “non-cancelable after shipping is procured.”
AHR Terms & Conditions - Purchase
AHR Terms & Conditions – Purchase AHR Terms & Conditions – Purchase
Our containers are designed to meet or exceed NFPA Code 13, 17, 30, and 70 Specifications. It is our customer’s responsibility to ensure that the quoted equipment specifications are sufficient with your local fire marshal.
Equipment Reservations
All sales are final. No cancellation after production has started
1. DEFINITIONS. “Authorized Individuals” are those individuals that the customer directly or indirectly allows to use the equipment, are properly trained to use the equipment, and are not under the influence of any drugs, alcohol, substances, or otherwise impaired. “Customer” is identified on the front side hereof and includes any of its representatives, agents, officers, employees, or anyone signing this Contract on its behalf. “Equipment” is the equipment and/or services identified on the front side hereof, together with all replacements, repairs, additions, attachments, and accessories and all future equipment rented. “Incident” is any fine, citation, theft, accident, casualty, loss, vandalism, injury, death, or damage to person or property, claimed by any person or entity that appears to have occurred in connection with the equipment. “Ordinary Wear and Tear” means normal deterioration considered reasonable in the equipment.
Purchase industry for use.
2. TERMS. Customer’s purchase of equipment is conditioned upon customer’s agreement with this contract and all its terms. The customer’s execution of this contract or taking possession of the equipment shall be deemed acceptance of the terms herein. All the terms herein (including on the front side of this contract) are incorporated into this, and all past and future contracts between American Hazmat Purchases and customer, upon customer’s receipt of American Hazmat Purchase’s Equipment under those contracts. Any reference in customer’s purchase order or other customer documents to other terms that shall control this transaction shall be void.
3. PERMITTED USE. The customer agrees that American Hazmat Purchases has no control over the manner, in which the equipment is operated during the Purchase Period by the customer or any third party that the customer implicitly or explicitly permits. Customer warrants that: (a) prior to each use, customer shall inspect the equipment to confirm that it is in good condition, without defects, includes readable decals and operating and safety instructions and is suitable for customer’s intended use; (b) customer shall immediately notify American Hazmat Purchases if the equipment is lost, damaged, unsafe, disabled, malfunctioning, levied upon, threatened with seizure, or if any Incident occurs; (d) customer has received from American Hazmat Purchases all information needed or requested regarding the operation of the equipment; (e) American Hazmat Purchases is not responsible for providing operator or other training unless customer specifically requests, in writing, prior to the equipment’ s use); (f) only authorized Individuals shall use and operate the equipment; (g) the equipment’ s use shall be in a careful manner, in compliance with all operating and safety instructions provided on, in or with the equipment and all applicable federal, state and local laws, permits and licenses, including but not limited to, OSHA, as revised; and (h) the equipment shall be kept in a secure location.
4. PROHIBITED USE. Customer shall not (a) alter or cover up any decals or logo on the equipment or remove any operational or safety equipment or instructions; (b) assign its rights under this Contract.
5. MAINTENANCE. The Customer or an authorized technician shall perform routine maintenance on the equipment, including routine inspections and maintenance in accordance with the manufacturer’s specifications.
6. CUSTOMER LIABILITY. DURING THE Purchase PERIOD, THE CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE POSSESSION, CONTROL, OR USE OF THE EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, Purchase CHARGES, THEFT, LOSSES, DAMAGES, AND DESTRUCTION, INCLUDING CUSTOMER TRANSPORTATION, LOADING, AND UNLOADING, WHETHER OR NOT THE CUSTOMER IS AT FAULT.
7. ALL EQUIPMENT DELIVERED TO THE CUSTOMER WILL BE GUARANTEED TO BE IN GOOD WORKING CONDITION. ONCE EQUIPMENT IS DELIVERED, THE CUSTOMER WILL HAVE THE RIGHT TO INSPECT AND SIGN ACCEPTANCE OF THE EQUIPMENT ON AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST AMERICAN HAZMAT Purchase ENTITIES. THE CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES AMERICAN HAZMAT Purchases ENTITIES FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL, AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS OPERATION OR USE, OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF AMERICAN HAZMAT Purchase OBLIGATIONS HEREIN.
8. RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, HOLDS AMERICAN HAZMAT Purchase HARMLESS AND AT AMERICAN HAZMAT Purchase REQUEST, DEFENDS AMERICAN HAZMAT Purchase ENTITIES (WITH COUNSEL APPROVED BY AMERICAN HAZMAT Purchase), FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEY’S AND/OR LEGAL FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO ANY INCIDENT, DAMAGE TO PROPERTY, INJURY OR DEATH OF, ANY PERSON, CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR CONNECTED WITH THE (a) USE, POSSESSION OR CONTROL OF THE EQUIPMENT DURING THE Purchase OR (b) BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED IN PART BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. THE CUSTOMER ALSO AGREES TO WAIVE ITS WORKERS’ COMPENSATION IMMUNITY, TO THE EXTENT APPLICABLE. THE CUSTOMER’S INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. All the Customer’s indemnification obligations under this paragraph shall be joint and several.
9. PAYMENT. 40% of the total price is due upon signing, and the remaining 60% is due before the units are shipped for delivery. The customer must notify American Hazmat Purchases in writing of any disputed amounts, including credit card charges, within 15 days after the receipt of the invoice/contract, or the Customer shall be deemed to have irrevocably waived its right to dispute such amounts. At American Hazmat Purchases’ discretion, any credit account with a delinquent balance may be placed on a cash basis, deposits may be required, and the equipment may be picked up without notice. Due to the difficulty in fixing actual damages caused by late payment, the Customer agrees that a service charge equal to the lesser of 1½% per month or the maximum rate permitted by law shall be assessed on all delinquent accounts until paid in full. The customer shall pay a fee of $75 for each check returned for lack of sufficient funds to compensate American Hazmat Purchases for its overhead for processing missed payments. Deposits will only be returned after all amounts are paid in full. Customer agrees that if a credit card is presented to pay for charges or to guarantee payment, customer authorizes American Hazmat Purchases to charge the credit card all amounts shown on this Contract and charges subsequently incurred by customer, including but not limited to, loss of or damage to the equipment and extension of the Purchase Period. All equipment is billed at a fixed monthly rate, with the only exceptions being the purchase of generators and forklifts which may be billed at a daily rate.
10. TAXES
The customer shall pay all charges and taxes (local, state, and federal), which may now, or hereafter be imposed or levied upon lease possession, or use of the equipment.
11. WARRANTY.
Every container that is manufactured by American Hazmat Rentals comes with a 10-year limited structural warranty. This structural warranty guarantees that your container will perform as intended through natural wear and tear that is inflicted on the unit within the first 10 years.
11. “This Purchase unit is designed for storage of flammable and other hazardous liquids, as defined by NFPA (National Fire Protection Association, IBC (International Building Code), 40 CFR 264.175 (Secondary Containment) and FM Global FM-6049 (Storage of Flammable Liquids). No other usage is expressed or implied”.
AHR Terms & Conditions - Rentals
Our containers are designed to meet or exceed NFPA Code 13, 17, 30, and 70 Specifications. It is our customer’s responsibility to ensure that the quoted equipment specifications are sufficient with your local fire marshal.
Equipment Reservations
1. DEFINITIONS. “Authorized Individuals” are those individuals that the Customer directly or indirectly allows to use the Equipment, are properly trained to use the equipment, and are not under the influence of any drugs, alcohol, substances, or otherwise impaired. “Customer” is identified on the
front side hereof and includes any of its representatives, agents, officers, employees, or anyone signing this Contract on its behalf. “Equipment” is the equipment and/or services identified on the front side hereof, together with all replacements, repairs, additions, attachments, and accessories and all future Equipment rented. “Incident” is any fine, citation, theft, accident, casualty, loss, vandalism, injury, death, or damage to person or property, claimed by any person or entity that appears to have occurred in connection with the Equipment. Equipment is considered “Lost” when it is either stolen, its location is unknown, or the Customer is unable to recover it for a period of 30 days. “MSLP” is the Equipment manufacturer’s suggested list price on or about the date of the Incident relating to the Equipment. “Ordinary Wear and Tear” means normal deterioration considered reasonable in the equipment.
rental industry for use. “Rental Period” commences when the Equipment is delivered to the Customer or the Site Address and continues until the Equipment is returned American Hazmat Rentals “Site Address” is the location that the Customer represents the Equipment will be located during the Rental Period (identified on the front side hereof). “Store” is the American Hazmat Rentals location identified on the front side hereof.
2. TERMS. Customer’s equipment rental is conditioned upon Customer’s agreement with this Contract and all its terms. The customer’s execution of this Contract or taking possession of the Equipment shall be deemed acceptance of the terms herein. All the terms herein (including on the front side of this Contract) are incorporated into this and all past and future contracts between American Hazmat Rentals and Customer upon Customer’s receipt of American Hazmat Rental’s Equipment under those contracts. Any reference in Customer’s purchase order or other Customer documents to other terms that shall control this transaction shall be void. Customer rents the Equipment from American Hazmat Rentals pursuant to this Contract. The customer shall pay American Hazmat Rentals the rental rates (including any minimum rental on the front side hereof) and other charges described herein when due, return the Equipment to American Hazmat Rentals as required herein, and otherwise comply with this Contract. This Contract is a true lease. The Equipment (a) is and shall remain the personal property of American Hazmat Rentals and (b) shall not be affixed to any other property.
3. PERMITTED USE. The customer agrees that American Hazmat Rentals has no control over the manner in which the Equipment is operated during the Rental Period by the Customer or any third party that the Customer implicitly or explicitly permits. Customer warrants that: (a) prior to each use, Customer shall inspect the Equipment to confirm that it is in good condition, without defects, includes readable decals and operating and safety instructions and is suitable for Customer’s intended use; (b) Customer shall immediately notify American Hazmat Rentals if the Equipment is Lost, damaged, unsafe, disabled, malfunctioning, levied upon, threatened with seizure, or if any Incident occurs; (d) Customer has received from American Hazmat Rentals all information needed or requested regarding the operation of the Equipment; (e) American Hazmat Rentals is not responsible for providing operator or other training unless Customer specifically requests in writing prior to the Equipment’ s use); (f) only Authorized Individuals shall use and operate the Equipment; (g) the Equipment’ s use shall be in a careful manner, in compliance with all operating and safety instructions provided on, in or with the Equipment and all applicable federal, state and local laws, permits and licenses, including but not limited to, OSHA, as revised; and (h) the Equipment shall be kept in a secure location.
4. PROHIBITED USE. Customer shall not (a) alter or cover up any decals or insignia on the Equipment or remove any operational or safety equipment or instructions; (b) assign its rights under this Contract; (c) move the Equipment from the Site Address without American Hazmat Rentals written consent; (d) use the Equipment in a negligent, illegal, unauthorized or abusive manner, or in any publication (print, audiovisual or electronic); or (e) allow the use of the Equipment by any unauthorized individual
5. MAINTENANCE. The Customer or an authorized technician shall perform routine maintenance on the Equipment, including regular inspections and maintenance in accordance with the manufacturer’s specifications. If American Hazmat Rentals determines that repairs to the Equipment are needed, other than Ordinary Wear and Tear, the Customer shall pay the total repair charges and rent of the Equipment until the repairs are completed. American Hazmat Rentals has the right to inspect the Equipment wherever located. The customer has the authority to and hereby grants American Hazmat Rentals and/or its agents the right to enter the physical location of the Equipment for the purposes set forth herein. American Hazmat Rentals shall be responsible for repairs needed because of Ordinary Wear and Tear. Customer agrees that repair or replacement of the Equipment is Customer’s exclusive remedy for American Hazmat Rentals’ breach of this Section. Notwithstanding American Hazmat Rentals’ service commitment, American Hazmat Rentals shall have no obligation if Customer breaches this Contract to stop the Rental Period, commence repairs or rent other equipment to Customer until Customer or its agent agrees to pay for such charges.
6. CUSTOMER LIABILITY. DURING THE RENTAL PERIOD, THE CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE POSSESSION, CONTROL, OR USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, RENTAL CHARGES, THEFT, LOSSES, DAMAGES, AND DESTRUCTION, INCLUDING CUSTOMER TRANSPORTATION, LOADING, AND UNLOADING, WHETHER OR NOT THE CUSTOMER IS AT FAULT. After an Incident, the Customer shall (a) immediately notify American Hazmat Rentals, the police, if necessary and the Customer’s insurance carriers; (b) secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident, until American Hazmat Rentals or its agents investigate; (c) immediately submit copies of all police or other third party reports to American Hazmat Rentals; and (d) as applicable, pay American Hazmat Rentals, in addition to other sums due herein the rental rate for Equipment until the repairs are completed or Equipment replaced plus either (i) the MSLP or (ii) the full charges of repairs of damaged Equipment. Accrued rental charges shall not be applied against these amounts. American Hazmat Rentals shall have the immediate right, but not the obligation, to reclaim any Equipment involved in any Incident.
7. ALL EQUIPMENT DELIVERED TO THE CUSTOMER WILL BE GUARANTEED TO BE IN GOOD WORKING CONDITION. ONCE EQUIPMENT IS DELIVERED, THE CUSTOMER WILL HAVE THE RIGHT TO INSPECT AND SIGN ACCEPTANCE OF THE EQUIPMENT ON AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST AMERICAN HAZMAT RENTALS ENTITIES. THE CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES AMERICAN HAZMAT RENTALS ENTITIES FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL, AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS OPERATION OR USE, OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF AMERICAN HAZMAT RENTALS OBLIGATIONS HEREIN.
8. RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, HOLDS AMERICAN HAZMAT RENTALS HARMLESS AND AT AMERICAN HAZMAT RENTALS REQUEST, DEFENDS AR AMERICAN HAZMAT RENTALS ENTITIES (WITH COUNSEL APPROVED BY AMERICAN HAZMAT RENTALS), FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEY’S AND/OR LEGAL FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO ANY INCIDENT, DAMAGE TO PROPERTY, INJURY OR DEATH OF, ANY PERSON, CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR CONNECTED WITH THE (a) USE, POSSESSION OR CONTROL OF THE EQUIPMENT DURING THE RENTAL PERIOD OR (b) BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED IN PART BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. THE CUSTOMER ALSO AGREES TO WAIVE ITS WORKERS’ COMPENSATION IMMUNITY, TO THE EXTENT APPLICABLE. THE CUSTOMER’S INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. All the Customer’s indemnification obligations under this paragraph shall be joint and several.
9. INSURANCE. During the Rental Period, Customer shall maintain, at its own expense, the following minimum insurance coverage: (a) general liability insurance of not less than $1,000,000 per occurrence, including coverage for Customer’s contractual liabilities herein such as the release and indemnification clause contained in Section 8; (b) property insurance against loss by all risks to the Equipment, in an amount at least equal to the MSLP thereof, Such policies shall be primary, non-contributory, on an occurrence basis, contain a waiver of subrogation, name American Hazmat Rentals and its agents as an additional insured (including an additional insured endorsement) and loss payee, and provide for American Hazmat Rentals to receive at least 30 days prior written notice of any cancellation or material change. The customer shall provide American Hazmat Rentals with certificates of insurance evidencing the coverages required above prior to any rental and at any time upon American Hazmat Rentals’ request. To the extent, American Hazmat Rentals Entities carry any insurance; American Hazmat Rentals Entities’ insurance will be considered excess insurance. The insurance required herein does not relieve Customer of its responsibilities, indemnification, or other obligations provided herein, or for which Customer may be liable by law or otherwise.
10. It is recommended, but not required, that the Lessee shall provide, maintain, and pay for policies of insurance against all risks of loss or damage to the contents and/ or products contained within the leased equipment. In any case, the Lessee releases the Lessor of any liability for loss or damaged contents and/or products contained within the leased equipment.
11. PAYMENT. The customer shall pay amounts due, without any offsets, in full at the time of rental to include the first and last month’s rent and transportation with any taxes/fees associated with the 60-day net. The customer must notify American Hazmat Rentals in writing of any disputed amounts, including credit card charges, within 15 days after the receipt of the invoice/contract, or the Customer shall be deemed to have irrevocably waived its right to dispute such amounts. At American Hazmat Rentals’ discretion, any credit account with a delinquent balance may be placed on a cash basis, deposits may be required, and the Equipment may be picked up without notice. Due to the difficulty in fixing actual damages caused by late payment, the Customer agrees that a service charge equal to the lesser of 1.5% per month or the maximum rate permitted by law shall be assessed on all delinquent accounts until paid in full. The customer shall pay a fee of $75 for each check returned for lack of sufficient funds to compensate American Hazmat Rentals for its overhead for processing missed payments. Deposits will only be returned after all amounts are paid in full. Customer agrees that if a credit card is presented to pay for charges or to guarantee payment, Customer authorizes American Hazmat Rentals to charge the credit card all amounts shown on this Contract and charges subsequently incurred by Customer, including but not limited to, loss of or damage to the Equipment and extension of the Rental Period. All equipment is billed at a fixed monthly rate, with the only exceptions being the rental of generators and forklifts which may be billed at a daily rate.
12. RETURN OF EQUIPMENT. American Hazmat Rentals may terminate this Contract at any time, for any reason. At the end of the Rental Period, the Equipment shall be returned to American Hazmat Rentals in the same condition it was received, with less Ordinary Wear and Tear and free of any hazardous materials and contaminants. The customer will continue to be responsible for charges Equipment is not returned in the condition required herein. If American Hazmat Rentals delivered the Equipment to the Customer, the Customer shall notify American Hazmat Rentals by email that the Equipment is ready to be picked up. of the call, provided Customer remains liable for any loss, theft, damage to, or destruction of the Equipment until American Hazmat Rentals confirms that the Equipment is returned in the condition required herein. The customer will not be charged the rental charges after the date of pickup is requested (please give a min. 7-day lead notice to arrange a truck for transportation) provided the Customer has otherwise complied with this Contract. No pickups occur on Sundays or statutory holidays and Saturdays.
13. DEFAULT. Customer shall be in default if American Hazmat Rentals deems itself insecure or if Customer: (a) fails to pay sums when due; (b) breaches any Section of this Contract; (c) becomes a debtor in a bankruptcy proceeding, goes into receivership, takes protection from its creditors under any insolvency legislation, ceases to carry on business, or has its assets seized by any creditor; (d) fails to insure the Equipment as required, or otherwise places the Equipment at risk; (e) fails to return Equipment immediately upon American Hazmat Rentals demand, or (f) is in default under any other contract with American Hazmat Rentals. If a Customer default occurs, Artic Containers shall have, in addition to all rights and remedies at law or in equity, the right to repossess the Equipment without judicial process or prior notice. Customer shall pay all American Hazmat Rentals’ costs, including reasonable costs of collection, court costs, attorneys, and legal fees, incurred in exercising any of its rights or remedies herein. The use of false identification to obtain Equipment or the failure to return Equipment by the end of the Rental Period may be considered theft, subject to criminal prosecution and civil liability where permitted, pursuant to American Hazmat Rentals laws. American Hazmat Rentals shall not be liable due to the seizure of Equipment by order of a governmental authority. THE CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST AMERICAN HAZMAT RENTALS ENTITIES FOR SUCH REPOSSESSION.
14. ENVIRONMENTAL FEE / Cleanup Charges. Any waste, hazardous materials, or so forth shall be cleaned from the locker before transportation and a decontamination certificate signed by the customer must be posted on containers/lockers. Documentation by photography before delivery and on receipt of locker back of transport will be made by American Hazmat Rentals available by email. Excessive use beyond normal wear and tear and damages will be charged. Any fees/fines for disposal will be charged back to the customer who is solely responsible for cleaning for any environmental fees/fines incurred during use. American Hazmat Rentals provides sump liners that can be disposed of at the return of the Container. Residue material left in the container including the sump area will have a minimum of $1,000.00 fine.
15. LIMITATION OF AMERICAN HAZMAT RENTALS LIABILITY. IN CONSIDERATION OF THE RENTAL OF EQUIPMENT, THE CUSTOMER AGREES THAT AMERICAN HAZMAT RENTALS LIABILITY UNDER THIS CONTRACT, INCLUDING ANY LIABILITY ARISING FROM AMERICAN HAZMAT RENTALS, AMERICAN HAZMAT RENTALS ENTITIES, OR ANY THIRD PARTY’S COMPARATIVE, CONCURRENT, CONTRIBUTORY, PASSIVE, OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY STRICT OR ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER THIS CONTRACT. 19. JURY TRIAL WAIVER. IN ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THIS CONTRACT, CUSTOMER AND AMERICAN HAZMAT RENTALS HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY, THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTER INTO THIS CONTRACT.
16. ARBITRATION AGREEMENT & CLASS ACTION WAIVER. AT THE ELECTION OF CUSTOMER OR AMERICAN HAZMAT RENTALS, ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THIS CONTRACT SHALL BE SETTLED BY ARBITRATION BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF IN A PURPORTED CLASS OR REPRESENTATIVE CAPACITY, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES OR BY JAMS PURSUANT TO ITS STREAMLINED ARBITRATION RULES AND PROCEDURES AND JUDGEMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR TRIED ON A CLASS ACTION BASIS.
17. Customer shall pay all charges and taxes (local, state, and federal), which may now, or hereafter be imposed or levied upon lease possession, or use of the equipment; excluding however all taxes measured by the Lessor’s net income. The customer shall keep the equipment as leased equipment on all relevant tax returns.
18. GOVERNING LAW. The parties expressly and irrevocably agree: (a) this Contract, including any related tort claims, shall be governed by the laws of California, without regard to any conflicts of law principles and (b) if any Section of this Contract is prohibited by any law, such Section shall be ineffective to the extent of such prohibition without invalidating the remaining Sections.
19. Customer shall comply with all Local, State, and Federal Laws and is solely responsible as to the types of products stored, that they shall be compatible with the equipment leased, per environmental policies and procedures. Lessee shall not store anything that would be considered to be illegal or unlawful in, or around leased equipment.
20. MISCELLANEOUS. This Contract, together with any Customer executed credit application, constitutes the entire agreement of the parties regarding the Equipment and may not be modified except by a written amendment signed by the parties. The customer’s obligations hereunder shall survive the termination of this Contract. This Contract and all of the Customer’s rights in and to the Equipment are subordinate to all rights, titles, and interests of all persons (including American Hazmat Rentals lenders) who have rights in the Equipment. Headings are for convenience only. To the extent that any terms in this Contract conflict, the parties agree that the more specific terms control. A copy of this Contract shall be valid as the original. Any failure by American Hazmat Rentals to insist upon strict performance of any Section of this Contract shall not be construed as a waiver of the right to demand strict performance in the future. Customer and the person signing this Contract represent that: (a) they both have full authority to execute, deliver and perform this Contract and (b) this Contract constitutes a legal, valid, and binding obligation of Customer, enforceable in accordance with its terms. Nothing in this agreement shall be construed as conferring any option upon Lessee or any person or party whatsoever to purchase the equipment at any price. No purchase option is created herein unless contained in writing and signed by the parties.
21. UCC-1 Filings will be filed on behalf of American Hazmat Rentals on out-of-state rentals.
22. “This rental unit is designed for storage of flammable and other hazardous liquids, as defined by NFPA (National Fire Protection Association, IBC (International Building Code), 40 CFR 264.175 (Secondary Containment) and FM Global FM-6049 (Storage of Flammable Liquids). No other usage is expressed or implied”.
Cleaning
All Hazmat rental are cleaned. American Hazmat Rentals have removable visqueen (Plastic Sheeting) under floor grating in the sump area for easy cleanup. DOT laws require all Hazmat Lockers to be clean and free of debris and all liquid’s for transportation.
