EQUIPMENT RENTAL SERVICE TERMS
LAST UPDATED: 5/8/2025
1. DEFINITIONS
“Agreement” means the reservation of the rental equipment and the purchase order related to the reservation, including these Equipment Rental Service Terms which are incorporated by reference therein
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"JMP" means J. Mori Painting, Inc.
"Rental Company" means the company renting equipment to JMP
"Rental Equipment" means any one or more of the items identified as rental items in the Purchase Order and any accessories, attachments or other similar items delivered to JMP
"Services" or "Service" means the delivery, pick up and repair of Rental Equipment and other services provided by Rental Company in connection with the rental of Equipment
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2. AUTHORITY TO SIGN; FORM CONTRACTS
Any individual accepting JMP rental reservation and providing the equipment rental or services epresents and warrants that he or she is of legal age and has the authority and power to agree to these terms on behalf of the rental company
3. INDEMNITY / HOLD HARMLESS
TO THE FULLEST EXTENT PERMITTED BY LAW, RENTAL COMPANY AGREES TO INDEMNIFY, DEFEND, AND HOLD JMP, AND ALL OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, PARENTS, AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE, OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION, OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY, OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO (A) THE DELIVERY, DROP-OFF, OR PICK-UP OF RENTAL EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY FAILURE TO PROVIDE ADVANCE COORDINATION OR THE REQUIRED MINIMUM THREE (3) HOURS' NOTICE PRIOR TO ARRIVAL, (B) ANY VIOLATION BY RENTAL COMPANY, ITS DRIVERS, OR AGENTS OF APPLICABLE FEDERAL, STATE, OR LOCAL LAWS, INCLUDING TRAFFIC REGULATIONS AND ROAD SAFETY RULES, DURING THE DELIVERY, DROP-OFF, OR PICK-UP PROCESS, OR (C) ANY ERRORS, OMISSIONS, OR UNSAFE ACTIONS BY RENTAL COMPANY’S DRIVERS, AGENTS, OR EMPLOYEES DURING THE DELIVERY, DROP-OFF, OR PICK-UP OF EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST JMP BASED UPON THE ACTIONS OR OMISSIONS OF RENTAL COMPANY’S PERSONNEL DURING DELIVERY, DROP-OFF, OR PICK-UP OPERATIONS. HOWEVER, RENTAL COMPANY SHALL NOT BE OBLIGATED TO INDEMNIFY JMP FOR THAT PART OF ANY LOSS, DAMAGE, OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF JMP. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE AGREEMENT.
4. RENTAL COMPANY RESPONSIBILITIES
A. Advance Coordination: All deliveries, drop-offs, and pick-ups of rental equipment must be scheduled and coordinated with J. Mori Painting at least 24 hours in advance. The rental company shall provide written confirmation of the scheduled delivery time, including the date, time window, and contact details of the driver.
B. Minimum Notice Requirement: The rental company must provide a minimum of three (3) hours' notice prior to the arrival of any delivery, drop-off, or pick-up at the designated site. Notice shall be communicated via phone or email to J. Mori Painting's designated site contact. Response and acknowldegment from the designated contact must be provided prior to actual delivery.
C. Compliance with Laws and Safety Regulations: Drivers and personnel involved in the delivery, drop-off, or pick-up of rental equipment must strictly adhere to all applicable federal, state, and local laws, including traffic regulations, road safety rules, and occupational safety standards. This includes, but is not limited to, operating equipment only on designated routes and avoiding unauthorized or unsafe maneuvers, such as crossing live traffic lanes with equipment. Drivers shall follow all maintenance of traffic signage, safe zones, and other requirements. Drivers shall not make delivery in unsafe conditions.
D. Site Safety and Supervision: The rental company acknowledges that J. Mori Painting requires advance notice to ensure proper site supervision and safety measures are in place. Failure to provide the required notice may result in delayed or refused delivery, with any associated costs borne by the rental company.
E. Communication Protocol: The rental company shall designate a primary contact for delivery coordination and ensure that drivers have direct communication capabilities (e.g., mobile phone) to notify J. Mori Painting of any delays, changes, or issues during transit.​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​
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G. The Rental Company shall ensure that all drivers assigned to equipment deliveries, drop-offs, and pick-ups are qualified, safe, and competent. To meet this requirement, Rental Company shall:
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Driver Qualifications: Verify that all drivers possess valid and appropriate licenses for the vehicles and equipment being operated, in compliance with federal, state, and local regulations, including any required commercial driver’s licenses (CDL) or endorsements.
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Safety Training: Provide comprehensive safety training to all drivers, covering safe operation of rental equipment, proper loading and unloading procedures, adherence to traffic laws, and site-specific safety protocols. Training shall be documented and updated annually or as required by law.
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Competency Assessments: Conduct regular evaluations of driver competency, including practical assessments of their ability to safely operate and maneuver equipment during delivery, drop-off, and pick-up. Competency records shall be maintained and made available to JMP upon request.
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Drug and Alcohol Testing: Implement a drug and alcohol testing program compliant with Department of Transportation (DOT) regulations and industry standards. Drivers must undergo pre-employment, random, and post-incident testing to ensure they are free from the influence of drugs or alcohol while performing duties for JMP.
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Background Checks: Perform thorough background checks on all drivers to confirm a safe driving record and absence of criminal history that could impact their ability to perform duties safely and responsibly.
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Ongoing Monitoring: Maintain a system for continuous monitoring of driver performance, including review of incident reports, traffic violations, and customer feedback. Any driver found to be unsafe or incompetent shall be immediately removed from assignments involving JMP.
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Compliance Documentation: Provide JMP, upon request, with documentation verifying compliance with the above requirements, including training records, testing results, and driver qualification files.
Failure to comply with these driver safety and competency requirements shall constitute a material breach of the agreement, and Rental Company shall be liable for any resulting claims, damages, or losses incurred by JMP.
5. LIABILITY FOR NON-COMPLIANCE
The rental company shall be solely responsible for any accidents, damages, or injuries resulting from failure to comply with these terms, including inadequate notice, failure to coordinate, or unsafe operation of equipment during delivery, drop-off, or pick-up. The rental company agrees to indemnify and hold J. Mori Painting harmless from any claims, losses, or liabilities arising from such incidents.
6. CONTROLLING TERMS FOR DELIVERIES, DROP OFFS, PICK UPS, AND SERVICE
As a condition precedent to JMP issuing any purchase order for equipment rental, the Rental Company acknowledges and agrees that JMP’s External Terms and Conditions for Equipment Rental Deliveries, available at https://www.jmoripainting.com/rentals , exclusively govern all aspects of delivery, drop-off, and pick-up. These terms supersede any conflicting provisions in the Rental Company’s agreement or documents, and acceptance of JMP’s purchase order constitutes agreement to these terms.
7. COMPLETE AGREEMENT FOR DELIVERIES, DROP OFFS, PICK UPS, AND SERVICE
JMP’s External Terms and Conditions for Equipment Rental Deliveries, available at https://www.jmoripainting.com/rentals, govern the delivery, drop-off, and pick-up of rental equipment. In the event of any conflict with the Rental Company’s terms, including but not limited to coordination and notice requirements for delivery time windows, the terms provided herein shall govern. Unless otherwise agreed in writing and signed by both JMP and Rental Company, these Terms supersede any conflicting provisions in the Rental Company’s agreement or documents.
8. CHANGES TO THE RENTAL AND SERVICE TERMS
JMP reserves the right to modify, amend, or update these External Terms and Conditions for Equipment Rental Deliveries at its sole discretion, with such changes effective immediately upon posting on JMP’s website at https://www.jmoripainting.com/rentals. The “Last Updated” date above will reflect the date of any modification. By continuing to engage in equipment rental transactions, including accepting purchase orders or provding deliveries, drop-offs, or pick-ups, the Rental Company acknowledges and agrees to be bound by the modified terms. It is the Rental Company’s responsibility to review these terms regularly for updates. If the Rental Company does not agree to the modified terms, it must cease all rental activities with JMP and provide written notice of termination of any ongoing agreements. Continued performance under any purchase order following a modification constitutes acceptance of the updated terms.
9. LIMITATION ON RESPONSIBILITY FOR RENTED EQUIPMENT
Upon notification of rental cancellation or request for equipment pickup, JMP's responsibility for the equipment shall cease 24 hours after such notification is provided to the Rental Company. Notification may be made via phone call, email, or other agreed-upon communication method. After this 24-hour period, the Rental Company assumes full responsibility for the equipment, including any loss, damage, or theft, irrespective of when the Rental Company effectuates the collection or retrieval of the equipment. All provisions of this agreement shall remain in full force and effect until the equipment is physically retrieved and removed from the site by the Rental Company. Any advance notice requirements for equipment pickup as stipulated in this agreement shall continue to apply.