Terms and Conditions of Standard Equipment Rental Agreement 

 

Placing Orders: 

You can submit orders through fax or email at any time. Phone orders are only processed during Cartoli’s standard business hours, which are from 8 a.m. to 6 p.m. local time. Cartoli also provides emergency after-hours service tailored to the specific needs of our customers. 

 

Rental Term: 

For equipment shipped via priority or early morning overnight service, or local deliveries and customer pick-ups requested to be scheduled for receipt by the customer before 12:00 p.m., the rental term commences immediately. In the case of equipment shipped via standard overnight service, or local deliveries and customer pick-ups scheduled for receipt by the customer after 12:00 p.m., the rental term starts on the next business day. 

The daily rental rate covers the 24-hour period following the commencement of the rental term. The weekly rental rate applies to the seven consecutive calendar days following the start of the rental term. Similarly, the monthly rental rate extends for the twenty-eight consecutive calendar days from the beginning of the rental term. The system automatically applies the most favorable rental rate based on the duration of the equipment rental. 

 

Rental Termination: 

A. For equipment returned to a Cartoli office, the rental term concludes on the business day before Cartoli receives the equipment in good condition; there’s no need for A.M. or Saturday deliveries. In the case of customer drop-offs or equipment flagged as ready for local pick-up before 12:00 p.m., the rental term ends on the preceding business day. If these conditions are not met, the rental term concludes on the day when the call or email indicating readiness for pick-up is received. 

B. To conclude the rental term when utilizing Cartoli’s complimentary pick-up service, a customer should contact the relevant Cartoli office via phone call or email, providing the precise equipment pick-up location. If Cartoli receives this communication before 12 noon, the rental term will conclude on the preceding day. However, if the call or email is received after this time, the rental term will end on the day it is received. 

 

Rental Cancellation: 

A cancellation of any order confirmation made more than 24 hours prior to the scheduled delivery/pick-up time will not incur any rental charges. Cancellations made within less than 24 hours will result in a 1⁄2 day rental charge, along with any relevant shipping fees. Orders canceled on the same day or after shipping or delivery will be subject to a full day rental charge 

 

Shipping Methods: 

Unless stated otherwise, Cartoli ships rental equipment using FedEx standard overnight service. Freight charges are prepaid and will be included on the customer’s invoice. Alternatively, customers have the option to provide their FedEx or UPS account number when placing their order. USPS is not an accepted shipping method for equipment. 

All orders are shipped FOB (Free On Board) from the origin, and customers are responsible for both the delivery and return shipping costs. Customers must ensure the rental equipment is returned via overnight service; otherwise, they will be invoiced for additional rental charges based on transit time. 

Cartoli provides equipment deliveries and pick-ups via courier service within the proximity of a Cartoli office for the convenience of our customers. For specific details and the associated cost of a Cartoli pick-up, please contact your local office. 

 

Equipment Conditions: 

When Cartoli delivers rental equipment to a customer, it adheres to the manufacturer’s operational standards. If, upon receiving the equipment, the customer finds that it is not functioning correctly or has sustained damage, they must inform Cartoli in writing within 24 hours. Repairs on the equipment should only be conducted by a Cartoli representative. Customers have the option to recalibrate the equipment themselves or return it to Cartoli for recalibration. 

 

Returns: 

Cartoli retains the right to assess returned items for potential customer credit. Certain items become non-returnable upon delivery. Sealed, unopened, and unused consumable items are subject to a 20% restocking fee. Consumable items that are specially ordered, opened, used, damaged, or unsellable cannot be returned for credit. In the case of returned purchased instrumentation, Cartoli will apply a 20% restocking fee to the customer, unless the item is defective. All returns and exchanges must maintain their original condition and include all accessories. 

 

Operation, Maintenance & Repair: 

The customer is responsible for providing trained operators for the equipment and ensuring its proper and careful operation. They must maintain the equipment throughout the rental term, covering all expenses for routine and factory-recommended maintenance (if applicable), as well as any necessary repairs to keep it in the same condition as upon delivery. Any alteration or modification to the equipment requires written permission from Cartoli. 

 

Delivery, Redelivery & Risk of Loss: 

The customer assumes all risk of loss and damage to the equipment upon Cartoli’s delivery, and this responsibility continues until the equipment is redelivered to Cartoli at the designated location, irrespective of the cause of loss or damage. Redelivery is considered complete only when the equipment is returned to Cartoli in the same condition as it was received by the customer, and the rental period persists until this redelivery occurs. 

 

Payment Terms: 

A. Credit & Payment Terms: 

Credit applicant agrees to the following terms: 

(A) Payment of all invoices within 30 days from the date of issuance; 

(B) Past due accounts may incur a 1.5% monthly interest; 

(C) In case of default, the entire balance becomes immediately due and payable; 

(D) In the event of legal action or suit, the applicant is responsible for reasonable attorney’s fees, court costs, and collection 

expenses, with or without a lawsuit, including appeals, amounting to at least 25% of the principal amount; 

(E) Legal actions will be held in Collin ounty, Plano; 

(F) Any disputes related to this agreement will be governed by the laws of the State of Texas; 

(G) Cartoli may adjust the applicant’s credit limit without notice; 

(H) Applicant grants Cartoli permission to contact trade 

references and access credit information from credit rating 

bureaus, including the principals listed above; and 

(I) Applicant authorizes the release of bank reference information 

to Cartoli. 

B. Credit Card Only Accounts: Cartoli may request the applicant to prepay all charges using a credit card. In such cases, payments will be pre-authorized for the expected total invoice amount before the release of goods or services. Payment for these accounts will be immediately due in full upon invoice issuance. 

C. Payment Methods: Invoice payments can be made through various methods, including check, wire transfer, ACH payment, or by charging Visa, MasterCard, Discover, or American Express. For customers and deliveries outside of the United States and Canada, payment via wire transfer must be made before goods are shipped. Any fees associated with the payment method are the responsibility of the customer. Cartoli is not responsible or liable for any taxes, duties, fees, or other charges related to international shipments. If the applicant wishes to pay for the rental with a credit card, they must complete and submit a credit card authorization form to Cartoli for approval before the rental period begins. Cartoli will charge the credit card to cover all invoiced amounts due under the contract during or after the rental period. 

 

Transportation: 

All transportation is considered for the customer’s benefit, whether provided or arranged by Cartoli (in which case, Cartoli acts as the customer’s agent). The customer assumes all risk of loss and damage associated with such transportation, including stowage, securing, and transit. 

 

Inspection & Warranties: 

The equipment being rented is used and is provided on an “as is” basis. The customer has had the opportunity to inspect the equipment or have it inspected by technicians of their choice before signing this agreement. Any recommendations or advice from Cartoli are considered informal and do not create any warranty from Cartoli. It remains the customer’s responsibility to determine the equipment’s suitability for their intended application. 

 

It is agreed that Cartoli shall not provide any other warranty or representation and specifically disclaims any warranty of merchantability or fitness for a particular purpose, as well as any other warranty, including any warranty for latent defects in the equipment. 

 

Liability & Indemnity: 

The customer is responsible for all loss or damage to the equipment during the rental term, regardless of the cause. The customer must insure against such loss or damage, as detailed in this agreement. If the insurance does not fully reimburse Cartoli for equipment loss or damage within ninety (90) days, the customer agrees to indemnify Cartoli completely. 

Cartoli is not liable for any damages to the equipment or any other damages, whether due to faulty operation, equipment failure, or any other reason. The customer is also liable for any demands, claims, suits, or actions related to third-party property damage and/or bodily injury to any person or persons, as well as any other charges, expenses, taxes, losses, damages, claims, or liabilities associated with the equipment during the agreement term or its use under this agreement (except when caused solely by Cartoli’s direct negligence). The customer commits to fully indemnify, defend, protect, and hold Cartoli, its agents, servants, or employees, harmless, including covering costs and legal fees, for all such charges, expenses, taxes, losses, damages, claims, suits, or actions, even if such claims come from their own employees, irrespective of any immunity granted by a compensation act. 

 

Insurance: 

At its own expense, the customer must obtain and keep the following insurance throughout the duration of this agreement: 

A. Broad form Equipment Floater or equivalent all-risk direct property insurance covering all rented equipment. 

B. The insurance should encompass waterborne, transit, and general average risks, with coverage limits matching the equipment values specified in this agreement. 

C. Broad form Public Liability Insurance covering property damage and bodily injury, with endorsement for contractual liability coverage related to this agreement, with minimum limits of $1,000,000.00 per occurrence and $2,000,000.00 aggregate minimum for general liability. Both policies must name Cartoli as an assured, with Cartoli as the sole loss payee for the insurance described in “B.” The customer is responsible for all deductibles. Both insurance policies should be endorsed as primary to any other insurance, including any insurance held by Cartoli, and must provide Cartoli with thirty (30) days’ advance notice of cancellation. The customer must furnish Cartoli with a certificate of insurance confirming compliance with this section before equipment delivery. 

C. Payment Methods: Invoice payments can be made through various 

D. The customer must also furnish Cartoli with a certificate of insurance verifying the maintenance of Standard Workers Compensation and Employers Liability Insurance. If the equipment is to be used on or around a vessel, Standard Hull & Machinery and Protection & Indemnity Insurance must also be in place. The customer is required to have each of these policies endorsed to waive subrogation against Cartoli. 

E. The certificates submitted to Cartoli must clearly outline the insurance coverages, as well as any exclusions and deductible clauses. Cartoli, at its sole discretion, may permit deductible clauses that it deems reasonable and not overly extensive or detrimental to Cartoli’s interests. Standard exclusions will be accepted as long as they do not conflict with the requirements outlined in sections a, b, and c. Any additional exclusions will be subject to Cartoli’s discretion. 

Regardless of Cartoli’s approval of exclusions or deductions, the customer remains responsible for the deductible limit specified in the policies and any exclusions that align with the risks they assume under this agreement and as required by law. 

 

Title, Ownership & Liens: 

Title to all equipment and ownership of the equipment shall remain with Cartoli throughout this agreement. The customer commits to not impair this title, assert ownership or ownership rights regarding the equipment to any party, or attempt to use the equipment as collateral, mortgage, or pledge under any circumstances. The customer must not remove, deface, or conceal any signs and markings that identify the equipment as belonging to Cartoli and should keep such signs and markings intact. The customer is also responsible for preventing any levy, lien, or encumbrance from being placed against the equipment and must immediately inform Cartoli if there is a threat or occurrence of a levy or seizure of the equipment. 

 

Default: 

The customer will be considered in default of this agreement if any of the following circumstances occur: 

A. The customer fails to make payments as specified in this agreement when they are due; 

B. The customer does not secure and maintain the insurance as outlined in this agreement or fails to furnish Cartoli with the required certification for such insurance; 

C. The customer does not provide trained operators for the equipment as required; 

D. The customer does not guarantee that the equipment is adequately maintained, operated correctly, and protected from careless, rough, or improper use. 

E. The customer modifies or alters the equipment without obtaining written permission from Cartoli. 

F. The equipment’s title is negatively affected by a lien or other encumbrance. 

 

No Consequential Damages: 

In no circumstance shall Cartoli be liable, whether in contract or in tort, for any consequential, incidental, indirect, special, or punitive damages, including, but not limited to, loss of revenue, whether such losses are foreseeable or unforeseeable. 

 

Customer Obligation: 

During the rental, the customer is responsible for providing and covering the costs of all consumable parts, batteries, and supplies needed to maintain the equipment in good condition and proper working order. If any of the equipment becomes lost, damaged, stolen, unsafe, or disabled, the customer must inform Cartoli within 24 hours. 

In the event of equipment loss, damage, or theft, the customer will be accountable for rental charges up to the notification date and will be responsible for replacement or repair costs, as determined by the manufacturer’s current list price. These replacement costs will be invoiced separately to the customer. If the equipment experiences a malfunction and needs replacement, Cartoli will make reasonable efforts to find available replacement equipment from its inventory. 

Cartoli reserves the right to reject any rental equipment returned without proper decontamination and may opt to decontaminate the equipment for a fee, which will be added to the customer’s invoice. Photographs of damaged or inadequately decontaminated equipment will be taken and sent to the customer(s). These costs will be itemized separately on the customer’s invoice. 

 

Non-Assignability: 

At Cartoli’s discretion, this Agreement will be binding on the heirs, representatives, successors, or assigns of the customer. The customer is not permitted to transfer or assign this agreement or any rights derived from it to any individual, party, or entity. Any attempted transfer or assignment of this obligation will be considered null and void. 

 

Consequences of Default: 

Upon default by the customer: 

(a) Cartoli’s consent to the Customer’s possession of the Equipment will terminate, and Cartoli may, through its authorized representatives, retake possession of the Equipment at the Customer’s expense, without prior notice, and may enter the site or any premises where the Equipment is located; and 

(b) the Customer must promptly pay to Cartoli upon demand: (i) all Rental Payments and other amounts due under the Preferred Supplier Agreement, along with any accrued interest; (ii) all costs and expenses incurred by Cartoli in recovering the Equipment and/or collecting any sums due under the Preferred Supplier Agreement, which may include storage, insurance, repair, transportation, legal, and remarketing costs. The Customer acknowledges that the Cartoli Terms and Conditions are an integral part of any contract between the customer and Cartoli concerning the equipment provided by Cartoli. The Customer also acknowledges that they have read, understood, and accepted the Terms and Conditions.