Equipment & Trailer Rental Agreement

Agreement means this rental agreement, the Rental Details above, and your booking confirmation or invoice for this rental. If they conflict, the booking confirmation or invoice controls the Equipment, dates, times, and prices, and this rental agreement controls everything else.

You and your mean the renter named above. If you rent for a business or other organization, you confirm you are authorized to sign for it, and you and the organization are each fully responsible under this Agreement.

Authorized User means anyone the renter allows to operate or tow the Equipment who meets the requirements in Section 6. You are responsible for what every Authorized User does, as if you had done it yourself.

Equipment means each item listed in the Rental Details, including any trailer, attachment, accessory, tool, key, and manual, and any replacement item we provide.

Rental Period means the time from when you receive the Equipment, or we deliver it, until it is returned to the return location, or we pick it up.

Loss of Use means the rental income we lose while damaged or lost Equipment is out of service: the lowest price we would have charged a customer to rent that item for the same number of days, counted from the date of the damage or loss until it is repaired or replaced, or until a reasonable time to repair or replace it has passed, whichever is first, and for no more than 30 days.

Diminished Value means the amount by which the Equipment’s actual cash value after repair is less than its actual cash value just before the damage.

Actual cash value means the fair market value of the Equipment just before the damage or loss, based on its age, condition, and hours or mileage.

When this Agreement takes effect. If you book online, you accept this Agreement when you check the acceptance box at checkout, and it takes effect then. Otherwise, it takes effect when you sign it. Either way, you must also sign it before we release the Equipment (Section 4.3).

Business day means Monday through Friday, other than a federal holiday.

Pick up and return the Equipment at the location in the Rental Details.

Return the Equipment by the return date and time, in the condition you received it, reasonably clean, and refueled (Section 10).

After-hours returns are allowed. Text us when the Equipment is back; the time of your text is the return time. The Equipment remains your responsibility, including any damage to it, until we inspect it, which we will do by the end of our next business day. Weather damage that occurs after you return the Equipment to our location is our responsibility, not yours.

To extend a rental, contact us before the return time. An extension is confirmed only when we confirm it by text or email, and depends on availability.

Late returns are charged an additional full rental day at the Equipment’s daily rental rate for each day, or part of a day, that the return is late. There is no separate late fee. If the Equipment is more than 24 hours overdue and you have not contacted us, we may treat it as unauthorized use, report it to law enforcement, and recover it at your expense (Section 12).

We do not refund rental charges when Equipment is returned early.

You agree to pay:

Rental charges for online bookings are due at checkout. For a phone booking, the rental invoice is due within 24 hours after we send it, unless we agree otherwise. All other charges are due within 5 days after we invoice you.

If you cancel a confirmed booking, your refund depends on how much notice you give before the scheduled pickup: 7 or more days before pickup, full refund; at least 3 but fewer than 7 days before pickup, 50% refund; fewer than 3 days before pickup, or a no-show, no refund. Refunds are calculated on the rental charge for that booking. Because we hold the Equipment for you and often cannot rent it to someone else on short notice, you agree these amounts are a reasonable estimate of our loss from a late cancellation, which would otherwise be difficult to calculate.

If you cancel, we refund in full any security deposit you paid and any delivery, mileage, or setup charges. Taxes are refunded on every amount we refund.

The Equipment is released only after this Agreement is signed. If it is not signed by the scheduled pickup time, we may cancel the booking, and it will be treated as a cancellation by you at that time under Section 4.1.

If we must cancel, for example because the Equipment is damaged or unavailable, we will refund everything you paid for that booking. That refund is our only obligation.

Refunds are made to the original payment method.

Ice cream machine rentals require a $100 security deposit, due at the time of booking together with your rental payment. No deposit is required for other equipment or trailers.

We may apply the deposit to anything you owe under this Agreement, including our reasonable estimate of damage.

We will refund the remaining balance within 7 business days after the Equipment is returned and inspected. If you owe more than the deposit, you will pay the difference as provided in Section 3.2.

The renter must be at least 18 years old. Every operator must be at least 18.

Every operator must be trained and able to run the Equipment safely, and must not be impaired by alcohol, drugs, or medication.

Before use, every operator must read and follow the operator’s manual, safety decals, and manufacturer’s instructions, and wear appropriate protective equipment.

If you or any operator is unfamiliar with the Equipment, ask us for instructions before using it: call or text us before pickup and we will walk you through it. By signing, you confirm that every operator is familiar with the Equipment or will receive instructions first.

Towing a trailer. Anyone towing must be at least 18 years old and hold a valid driver’s license. The tow vehicle must be rated to tow the loaded trailer. The hitch and ball must match the trailer’s coupler, safety chains must be attached, and the lights must work. If the trailer has electric brakes, the tow vehicle must have a working brake controller.

Before you dig. Before any digging, trenching, augering, post-hole, or other ground-breaking work, you must notify South Dakota 811 (call 811 or file online). South Dakota law requires at least 48 hours’ notice, counted from 12:01 a.m. on the day after you notify 811, not counting Saturdays, Sundays, or state holidays. For example, if you notify 811 on a Monday, you may not dig before 12:01 a.m. Thursday. Do not dig until underground utilities are marked. You are responsible for any damage to underground utilities or other property.

You may not, and may not allow anyone else to:

If any of these happens, we may end the rental and recover the Equipment (Section 12), and you are responsible for all resulting damage, loss, and costs.

Inspect the Equipment before use. For trailers, check that the lights, brakes, safety chains, and coupler work before you tow, and do not tow until any problem is fixed. Unless you tell us about a problem or damage by text or email before first use, you accept that the Equipment is in good working order and undamaged, except for anything you report or that our pickup records show. We recommend photographing it at pickup and return.

For engine-powered Equipment, check the oil and fluid levels each day it is used.

If the Equipment malfunctions or is damaged, stop using it and contact us right away. Do not repair it or replace parts without our approval.

If the Equipment fails through no fault of yours, we will repair or replace it as soon as reasonably possible, or refund the charges for the unused rental time. That is our only obligation for a breakdown.

If you rent an ice cream machine, follow our cleaning instructions, and you are responsible for the food you make and serve with it.

You are responsible for all damage to, and loss or theft of, the Equipment during the Rental Period, whether or not you are at fault. This includes damage caused by weather, road conditions, and acts of nature, but not normal wear and tear.

If the Equipment is damaged, you will pay the reasonable cost to repair it, or our reasonable repair estimate if we choose not to repair it, plus any Diminished Value. If it is lost or stolen, or the repair cost would exceed its actual cash value, you will instead pay its actual cash value, less any salvage value we recover. In every case you will also pay Loss of Use, the cost of missing items, towing and storage, and an administrative fee of $100 for handling the claim.

Report any accident, damage, theft, or vandalism to us immediately, and to the police within 24 hours.

Return fuel-powered Equipment with a full tank. If it is not full, we will refuel it and charge you the actual cost of the fuel, at the pump price we paid — no additional service fee.

Use only the fuel type specified for the Equipment. You are responsible for damage caused by the wrong fuel.

605 Rents does not provide insurance or a damage waiver for you. You are responsible for the Equipment under Section 9 whether or not you have insurance.

Trailers: the auto liability insurance on your tow vehicle must be in force and must cover the trailer while it is being towed. Provide proof before pickup: text or email us a photo of your insurance card.

We recommend checking whether your own business, farm, or homeowner’s insurance covers rented equipment.

You understand that using, operating, and towing equipment carries a risk of property damage, serious injury, and death, and you accept those risks.

You will indemnify, defend, and hold harmless 605 Rents, LLC and its owners, members, and employees from all claims, liability, costs, and attorney fees arising from this rental or the possession, use, or towing of the Equipment, including claims by other people and including claims caused in part by our own ordinary negligence. This does not apply to the extent a claim is caused by our gross negligence or willful misconduct, or where the law does not allow it.

We are not liable for lost profits, delays, or any consequential or special damages connected with this rental or a reservation. Claims for injury or death are governed by Section 13.2, not this section.

Entire agreement. This Agreement is the entire agreement between you and us about this rental and replaces all earlier statements and agreements. It can be changed or waived only in writing agreed to by both of us; a text message or email counts as a writing.

No waiver. If we do not enforce a term, or accept payment despite a breach, we have not waived that term or any other breach.

Severability. If any term is found unenforceable, the rest of this Agreement remains in effect.

Governing law. South Dakota law governs this Agreement. Any lawsuit about it will be filed in the courts of Grant County, South Dakota.

Signatures. This Agreement may be signed on paper or electronically. By signing electronically or accepting it online, you agree to do business with us electronically. An electronic signature or acceptance, and an electronic copy of this Agreement, is valid, binding, and an original for all purposes.

Notices. We may send notices to the phone number or email in the Rental Details. You may send notices to us at (605) 467-1494 or 605rents@gmail.com. A text or email notice is effective when sent.