Small Equipment Rental Agreement

This Agreement includes the Rental Details and your booking confirmation or invoice, which controls the Equipment, dates, times, and prices.

If you book online, you accept this Agreement when you check the acceptance box at checkout. Otherwise, it takes effect when you sign it. Either way, you must sign it before pickup.

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. You are responsible for anyone you allow to use the Equipment.

Return the Equipment by the return time, reasonably clean, and with a full tank if it uses fuel. After hours, text us when it is back; the time of your text is the return time. The Equipment remains your responsibility until we inspect it by the end of our next business day (Monday through Friday, other than a federal holiday), but weather damage after you return it to our location is ours.

Each day or part of a day late is charged as a full rental day at the daily rate. An extension counts only when we confirm it by text or email. Early returns are not refunded.

You will also pay:

Online bookings are paid at checkout. A phone booking’s rental invoice is due within 24 hours, and all other charges within 5 days, after we invoice you.

If you cancel at least 7 days before pickup, you receive a full refund; at least 3 but fewer than 7 days before, a 50% refund; fewer than 3 days before, or if you do not show up, no refund. Refunds are calculated on the rental charge; any deposit and delivery charges are refunded in full; and taxes are refunded on every amount we refund. You agree these amounts are a reasonable estimate of our loss from a late cancellation. If this Agreement is not signed by the pickup time, we may treat the booking as cancelled by you.

If we must cancel, we will refund everything you paid; that refund is our only obligation. Refunds are made to the original payment method.

Ice cream machines require a $100 security deposit, paid at booking. We may apply it to anything you owe, and we refund the rest within 7 business days after return and inspection.

Only people at least 18 years old may operate power tools or engine-powered Equipment. Anyone using the Equipment must follow our instructions and any safety labels on it, wear appropriate protective equipment, and not be impaired by alcohol, drugs, or medication. If you are unfamiliar with the Equipment, ask us to walk you through it before pickup.

Inspect the Equipment before first use. 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.

Do not lend, alter, repair, or overload the Equipment, or use it illegally. If it malfunctions, stop use and contact us. If it fails through no fault of yours, we will repair or replace it or refund 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 from pickup or delivery until it is back with us (see Section 2.1 for after-hours returns), whether or not you are at fault, including damage caused by weather, but not normal wear and tear. We do not provide insurance or a damage waiver for you. Report any damage or theft to us immediately, and any theft to the police within 24 hours.

You will pay the reasonable cost to repair damage, or our reasonable repair estimate if we choose not to repair it. If the Equipment is lost, stolen, or not worth repairing, you will instead pay its fair market value just before the loss, less any salvage value we recover. You will also pay a loss-of-use charge equal to the lowest price we would charge to rent it for the same number of days, for no more than 30 days, the cost of missing items, and a $100 fee for handling the claim.

We may recover abandoned, overdue, or misused Equipment at your expense, without notice, and may report it to law enforcement if it is more than 24 hours overdue and you have not contacted us. To the extent the law allows, you authorize us to enter property you own or control to recover it.

You understand that using 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 or use 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 6.2, not this section.

This is the entire agreement about this rental. It can be changed or waived only in writing agreed to by both of us, and a text or email counts. Not enforcing a term does not waive it. If any term is unenforceable, the rest remains in effect. South Dakota law governs, and any lawsuit will be filed in the courts of Grant County, South Dakota.

By signing electronically or accepting online, you agree to do business with us electronically, and an electronic signature, acceptance, or copy is valid, binding, and an original. Notices by text or email to the contacts in the Rental Details, or to us at (605) 467-1494 or 605rents@gmail.com, are effective when sent.