Fully Utilised collects all Equipment (defined as equipment you are renting under this agreement) rental payments through a secure portal provided by our payment partner PayPal. You’ll never have to make a payment directly to a Supplier (defined as Fully Utilised’s supplier partner providing the Equipment).
If for any reason you need to cancel a rental or change the dates of a rental, you can do this up to 24 hours before the start of the rental without any charges. If you need to do so within less than 24 hours of the start of the rental, you will be charged the equivalent of 50% of the Supplier’s 1-day rental rate for the first date of the rental. You may also be responsible for the delivery fee since the Supplier may have already made arrangements for delivery.
Please make sure to return all equipment as clean as it was when you received it, or you may be subject to a cleaning fee.
Please return all Equipment that uses fuel with a full tank.
For most Equipment, a rental period is defined as:
Renter acknowledges that they and any of their employees that may operate the Equipment have full proficiency in operating the Equipment. Proof to the contrary will put the Renter in violation of this Agreement.
Renter (defined as you) assumes all risks inherent in the operation and use of the rental equipment by Renter and any Renter employees and the entire responsibility for the defence of and agrees to pay, indemnify, and hold Fully Utilised its shareholders, directors, officers and successors (collectively defined as “Fully Utilised” harmless from, and hereby fully discharges and releases Fully Utilised from any and all claims for damages to property or for bodily injury (including death), or loss of time or inconvenience, or consequential damages (including but not limited to lost revenue or profits) resulting from the use, operation or possession of the rented Equipment, whether or not it be claimed or found that such damage or injury resulted in whole or in part from the negligence of Fully Utilised or the Supplier from the defective condition of the Equipment, or from any other cause.
Renter acknowledges that he/she will personally inspect the equipment to ensure it is suitable for their needs and in good condition, and that he/she understands its proper use. Renter further acknowledges their duty to inspect the equipment prior to use and notify Fully Utilised and/or supplier of any defects.
Renter’s right to possession of the Equipment begins upon Equipment leaving the Supplier’s premises (for pickups) or is delivered by Supplier to Renter, and terminates on the off-rent date and time, date as selected by Renter in Fully Utilised’s check-out process and time as told by Renter to Fully Utilised or Supplier. Retention of possession after this date constitutes a material breach of this Agreement. However, Fully Utilised and its supplier may agree to extend the rental period by extending the off-rent date at the Renter’s request. Renter must contact Fully Utilised to make this request and Fully Utilised must approve the request for the extension to be valid.
Title to the equipment is and shall remain with the Supplier. If the equipment is not returned and/or levied upon for any reason whatsoever, the Supplier may retake the equipment without further notice or legal process and use whatever force is reasonably necessary to do so. Renter hereby agrees to indemnify, defend and hold Fully Utilised harmless from any and all claims and costs arising from such retaking and/or levy. If equipment is levied upon, Renter shall notify Fully Utilised and the Supplier immediately. The Supplier will utilise its reasonable efforts to deliver and retrieve rental items from locations determined solely by Renter. Accordingly, Renter assumes sole risk and liability for any personal or property damage occurring at such locations.
If the Equipment becomes unsafe or in disrepair as a result of normal use, Renter agrees to discontinue use and notify Fully Utilised and or the Supplier and the Supplier will replace the Equipment with similar equipment in good working order, if available. Fully Utilised and Supplier are not responsible for any incidental or consequential damages caused by delays or otherwise.
Renter agrees to immediately notify Fully Utilised of any accident and promptly submit any applicable police reports. Renter acknowledges they have General Liability insurance and Fully Utilised’s General Liability Policy is secondary, and Renter agrees to exercise all rights available to Renter under their insurance policy’s coverage.
Renter agrees to immediately notify Fully Utilised of any accident and promptly submit any applicable police reports. If Renter has insurance, Fully Utilised’s General Liability Policy becomes secondary, and Renter agrees to exercise all rights available to Renter under their insurance policy’s coverage.
Renter will not be covered by Fully Utilised’ General Liability Policy in the following circumstances:
Fully Utilised offers an optional Rental Equipment Protection (REP) plan. Rental Equipment Protection is not insurance; it is merely a waiver of certain claims of the Renter for loss of or damage to the Renter’s equipment.
The cost of Rental Equipment Protection is 10% of the equipment rental cost. In addition, there is a deductible for each piece of equipment based on the value of the equipment. For equipment with a value less than $25,000, the deductible is $1,000. For equipment with a value of $25,000 or more, the deductible is $2,500.
If you have purchased our Rental Equipment Protection, you will have no liability to Supplier for physical damage to the applicable Rented Item(s), except that you will remain liable to the Supplier in all events for:
Use of the equipment in the following circumstances is prohibited, and constitutes a breach of this agreement.
Fully Utilised and its Supplier make no warranty of merchantability or fitness for any particular use or purpose, either explicit or implied. There is no warranty or representation that the equipment is fit for Renter’s particular intended use, or that it is free of latent defects. Fully Utilised shall not be responsible to Renter for any loss, damage or injury resulting from, or in any way attributable to the operation of, use of, or any failure of the equipment. Fully Utilised shall not be responsible for any defect or failure unknown to the Fully Utilised or its Supplier. Renter’s sole remedy for any failure of or defect in the equipment shall be termination of the rental charges at the time of failure provided that Renter notifies Fully Utilised immediately of such failure and returns the Equipment to Supplier within twenty-four (24) hours of such failure or orders a pickup from the Supplier via Fully Utilised
In case of PayPal account on file for Equipment rental being rejected or fraudulent, Fully Utilised reserves all right necessary to collect payment from Renter. Renter agrees to pay all reasonable collection, legal and court fees and other expenses involved in the collection of the charges or enforcement of Fully Utilised’s rights under this agreement.
Should Renter in any way fail to observe or comply with any provision of this agreement, Fully Utilised may, at its sole discretion, terminate this agreement, have Supplier retake the equipment, declare any charges due and payable and initiate legal process to recover monies owed, and/or pursue any other legal rights and remedies available to Fully Utilised Exercise of any remedy available to Fully Utilised shall not constitute an election of remedies or a waiver of any additional remedies to which Fully Utilised may be entitled.
By agreeing to this Rental Agreement, the Renter acknowledges that this agreement applies to all subsequent rentals.