Please carefully review these Rental Terms, as they set forth the terms and conditions pursuant to which the rental of Equipment by a Renter from an Equipment Owner through the Platform operated by Dizel. These Rental Terms incorporate by reference Dizel’s Terms and Conditions of Use https://godizel.com/terms-and-conditions and Privacy Policy (collectively, the “Agreement”) and by renting Equipment through the Platform, Renter agrees to be bound by the terms and conditions of the Agreement. Capitalized terms used herein shall have the meaning ascribed to them in Section 2 below or as set forth in the body of these Rental Terms, or if not defined herein, such capitalized term shall have the meaning set forth in Dizel’s Terms and Conditions of Use.
Any individual acting on behalf of the Renter represents and warrants that they are of legal age and have the full authority and legal capacity to bind the Renter to the terms and conditions of this Rental and Service Agreement.
“Dizel” means Dizel Inc., a Delaware corporation.
“Equipment” means any machinery, equipment, vehicle, tools, hardware, materials, or other goods offered for rental through the Platform.
“Equipment Owner” means the third-party owner of the Equipment or lessor of equipment.
“Managed Services” means those services performed by Dizel, including, without limitation, providing Users access to the Platform, and services related to the Equipment and attachments, cleaning services, fuel provision, and maintenance and transportation services.
“Platform” means the software platform operated by Dizel that is accessed by Users.
“Privacy Policy” means the Dizel privacy policy located at https://godizel.com/privacy-policy.
“Rental Agreement” means the terms and conditions set forth herein.
“Rental Period” means the period of time during which Renter is permitted to rent and utilize the Equipment, as determined by the Equipment Owner and set forth on the Platform.
“Renter” means any person or entity that utilizes the Platform to rent Equipment from an Equipment Owner.
“Qualified Operator” shall mean any individual authorized by the Renter to operate the Equipment within the territorial boundaries of the United States. Each Qualified Operator must possess a valid driver’s license issued by a governmental authority within the United States or, in the case of a license not issued in the English language, a valid International Driving Permit (IDP) accompanied by the original license. In addition to a valid driver’s license, all Qualified Operators must hold any and all licenses, endorsements, permits, or certifications required by applicable law or regulation to operate the specific type or class of Equipment being rented.
All Qualified Operators must have sufficient training, skill, and experience to safely and competently operate the Equipment. By undertaking operation of the Equipment, each such Qualified Operator shall be deemed to have assumed, and hereby assumes, joint and several liability with the Renter for all obligations, responsibilities, and liabilities arising under or in connection with the Equipment and this Rental and Service Agreement, including but not limited to those obligations expressly imposed upon a Qualified Operator.
“Dizel Rental Protection” or “DRP” means the mandatory damage waiver program administered by Dizel, which provides Renters with limited coverage for accidental physical damage to rented Equipment during the Rental Term, subject to all terms, conditions, exclusions, deductibles, and reporting requirements set forth in this Agreement. The DRP is not insurance, does not provide liability coverage, and does not cover all types of loss or damage. Participation in the DRP is required for all Renters and is included as part of the rental charges under this Agreement.
“Terms and Conditions of Use” means the Dizel terms and conditions of use located at https://godizel.com/terms-and-conditions.
“User” means any person that creates an account on the Platform and is issued a User ID Number by Dizel
“User ID Number” means the unique ID issued by Dizel to each User.
1. provide a trained and Qualified Operator for each rented unit of Equipment,
2. upon request from Dizel or an Equipment Owner, furnish evidence of current, valid liability insurance
3. comply with all applicable laws, regulations (including, without limitation, obtaining all necessary permits, licenses, or certifications), and comply with the terms of this Agreement. Renter shall adhere to all safe operation and use policies, including, without limitation, to requirements for suggestions related to daily inspections, set forth in any manual provided by the Equipment Owner or Dizel. Dizel is not responsible or liable in any way for the actions of any person that operates Equipment on Renter’s behalf. Dizel makes no representations or warranties with regard to any person that Renter retains or instructs to operate the Equipment.
1. Abuse, misuse, or negligently handle the Equipment;
2. Use the Equipment in a manner that causes harm, injury, damage, or destruction to any person or third-party property;
3. Use the Equipment in any unsafe, illegal, or irresponsible way;
4. Violate any local, state, provincial/territorial, regional, or national law or regulation, including but not limited to tax laws, licensing rules, or airport regulations;
5. Fail to return the Equipment by the end of the Rental Period, unless an extension is granted in writing by Dizel and the Equipment Owner.
6. If the Equipment Owner fails to retrieve the Equipment at the scheduled pick-up time, neither Dizel nor the Renter shall bear any liability for its safekeeping or condition thereafter. Any losses, damages, or liabilities occurring after the scheduled pick-up, including but not limited to theft, damage, or continued usage, shall be solely the responsibility of the Equipment Owner.
By registering for an account or attempting to rent Equipment through the Platform, each Renter expressly authorizes Dizel to conduct any such evaluations and inquiries as deemed necessary in its sole discretion. Dizel may share relevant findings with the Equipment Owner solely for the purpose of facilitating a safe and informed transaction.
Dizel does not guarantee the accuracy, completeness, or outcome of any such vetting process and disclaims any liability related to its use or omission. Approval to rent Equipment may be denied, suspended, or revoked at any time, with or without cause and without liability to Renter.
This vetting process is intended to promote platform integrity and mitigate risk, but shall not be construed as a waiver or substitution for the Equipment Owner’s responsibility to exercise independent judgment in evaluating rental transactions.
Equipment Owner represents and warrants that all information provided through the Platform—including listings, specifications, photographs, service records, usage history, and condition reports—is accurate, complete, and not misleading. Any attempt to conceal defects, misstate condition, falsify availability, or omit relevant operational limitations constitutes a material breach of this Rental and Service Agreement.
Equipment Owner further agrees not to knowingly misrepresent or omit any material fact relating to the Equipment, its condition, usage, or service history, whether during listing, rental, return, or in response to a claim or dispute.
Dizel reserves the right to delist Equipment, suspend or revoke Platform access, or pursue legal remedies, including withholding of rental proceeds or indemnification, in the event of suspected or confirmed misrepresentation or bad-faith conduct.
Branding and Trademark License
By creating an account, listing Equipment on the Platform, or otherwise using Dizel’s services, the Equipment Owner, whether acting as a company, entity, or individual, including any individual acting on behalf of such company or entity, hereby represents and warrants that they have full authority to bind the Equipment Owner and expressly grant to Dizel Inc., its affiliates, successors, assigns, and authorized marketing partners, a non exclusive, worldwide, royalty free, fully paid, transferable, and sublicensable license to use, reproduce, display, publish, distribute, and otherwise exploit the Equipment Owner’s name, trade name, trademarks, service marks, logos, and related branding materials solely for purposes of operating, marketing, promoting, and improving the Platform and Dizel’s services.
Such permitted uses include, without limitation, display on the Platform, digital and print advertising, promotional materials, investor presentations, social media, email communications, trade show materials, and other marketing or commercial materials created by or on behalf of Dizel.
The Equipment Owner further represents and warrants that it owns or has the lawful right to grant the foregoing license to its trademarks and branding materials. No additional approval shall be required for individual uses consistent with this Agreement, provided such use does not materially misrepresent the Equipment Owner or its services.
This license shall remain in effect for so long as the Equipment Owner maintains an account on the Platform and for a reasonable period thereafter for archival, promotional, and historical marketing purposes.
Renter and Equipment Owner (each, a “Party” and collectively, the “Parties”) acknowledge and agree that the Parties shall, at their own expense, maintain and carry in full force and effect commercial general liability insurance written on an ISO CG 00 01 12 04 (or equivalent) occurrence-based form, with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, property damage, personal and advertising injury, and products/completed operations liability.
Be primary and noncontributory to any insurance maintained by Dizel;
Name Dizel, its affiliates, officers, directors, and employees as additional insureds using form CG 20 10 07 04 and, if applicable, CG 20 37 07 04 or equivalent;
Provide coverage for liabilities arising out of the use, operation, rental, maintenance, loading, unloading, transportation, or storage of the Equipment;
Be maintained throughout the term of the rental or listing and for a period of at least one (1) year thereafter for completed operations coverage.
Certificates of insurance and applicable endorsements shall be provided to Dizel upon request. Failure to maintain the required coverage shall be deemed a material breach of this Agreement.
Notwithstanding the foregoing, Dizel may maintain its own coverage in amounts reasonably commensurate with the value of Equipment rented through the Platform. Dizel makes no representations that such insurance will be adequate to cover full or replacement value of any specific item.
Renter or Equipment Owner shall take all necessary actions to enable Dizel to communicate directly with insurance provider regarding claims. Failure to provide proof of coverage when requested shall constitute a material breach.
Renter and Equipment Owner acknowledge that Dizel’s fees may vary based on premiums charged by Dizel’s insurers and the overall risk profile of the Equipment. These fees are subject to adjustment without notice based on changes to insurance costs.
Dizel Rental Protection Program (“DRP”)
Mandatory Damage Waiver As a condition of renting Equipment through the Dizel platform, all Renters are automatically enrolled in the DRP”, a damage waiver program that provides limited protection against certain accidental physical damage to the Equipment only, and not liability, during the Rental Term, subject to the terms, conditions, limitations, and exclusions set forth herein. The DRP is not optional and is included as part of the rental charges payable by the Renter. Note: The DRP is not insurance and does not provide coverage for liability, business interruption, or all types of physical loss or damage.
Coverage Terms The DRP provides the following protections to Renters during the Rental Term:
Primary Damage Coverage: DRP provides primary coverage for accidental physical damage to Equipment during the Rental Term.
Damage Limit and Deductible: Renter shall not be liable for direct damage to Equipment exceeding $2,500 per unit, per incident. For any such covered loss, Renter shall pay a deductible of $2,500 per affected unit.
Responsibility Below Deductible: Renter is fully responsible for the cost of any damage valued below $2,500. This applies even if the DRP would otherwise apply to the type of damage.
Reporting Obligations Renter must notify Dizel in writing within one (1) business day of discovering any damage to the Equipment. Failure to provide timely notice may void DRP coverage and render Renter fully liable for all repair or replacement costs.
Covered Perils The DRP includes, but is not limited to, coverage for the following accidental damage events:
Impact and collisions;
Fire, flood, earthquake, tornado, hail, and other natural disasters;
Falling objects, overturns, ingestions;
Theft (with accompanying police report);
Vandalism;
Other accidental losses not expressly excluded below.
Coverage is subject to modification by Dizel at any time without prior notice.
Exclusions from Coverage DRP does not provide protection against the following categories of loss or damage. Renter shall be solely and fully liable for all costs arising from:
Willful misconduct, intentional damage, or gross negligence;
Failure to adhere to safety procedures or manufacturer specifications (including overloading or use of improper fluids);
Illegal acts or criminal behavior;
Seizure, confiscation, or destruction by governmental authorities;
Contamination, corrosion, rust, mold, or similar deterioration;
Pollution, hazardous material discharge, or environmental violations;
Loss of use, downtime, or lost revenue;
Unexplained disappearance or inventory shortages;
Mechanical or electrical breakdowns or internal failures;
Damage during delivery, pick-up, or return transit;
Temperature or humidity extremes;
Voluntary parting with title or possession;
War, military activity, insurrection, or civil disturbance;
Normal wear and tear;
Damage due to excess load weight.
Tires and Tubes Exclusion. The repair or replacement of tires and tubes is expressly excluded from DRP and remains the sole responsibility of the Renter. Dizel reserves the right to pursue claims for damage resulting from blowouts, punctures, cuts, and abuse related to misuse or neglect.
DRP Fee. In consideration of the coverage provided under the DRP, Renter agrees to pay a non-refundable fee, which is included as part of the Platform Fee assessed at checkout. This fee is exclusive of any applicable state and local taxes and is automatically incorporated into the total amount due under each Rental Agreement.
Misrepresentation, Deception, and Moral Hazard Risks. Renter and Equipment Owner each represent and warrant that all information provided to Dizel and to each other in connection with the use of the Platform, the listing, renting, operation, or return of Equipment, and any communications or claims related thereto shall be truthful, accurate, and not misleading. Any intentional omission, misstatement, or falsification—whether verbal, written, or through Platform use—shall constitute a material breach of this Agreement.
Neither Renter nor Equipment Owner shall engage in any conduct intended to exploit, abuse, or fraudulently benefit from the Dizel Rental Protection Program (DRP), insurance-related provisions, or any other protections, indemnities, or service offerings described herein. This includes, without limitation, staging or concealing damage, making false claims, using unqualified operators under false pretenses, or misrepresenting site conditions, usage hours, or Equipment condition before or after rental.
Dizel reserves the right to deny claims, terminate rentals, revoke platform access, or pursue civil or criminal remedies in the event of suspected or confirmed fraudulent behavior or deceptive practices by any User. All protections and coverage, including DRP and insurance facilitation, shall be null and void with respect to any User found to have engaged in intentional misconduct, material misrepresentation, or abuse of platform safeguards.
This clause shall survive the expiration or termination of this Rental and Service Agreement.
Prohibition on Transportation. Renter is expressly prohibited from transporting any Equipment, in whole or in part, across international borders or outside the continental United States. Renter must provide written notice to Dizel no later than three (3) days prior to any intended relocation of Equipment across state lines within the United States. Additionally, Renter shall not operate or cause the operation of Equipment in any environment where such use may endanger the operator or cause excessive degradation of the Equipment, including but not limited to: nuclear facilities, Superfund sites, underground operations, or other high-risk environments. Equipment must be operated only in compliance with the original manufacturer’s (OEM) environmental and use specifications.
GENERAL INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOTH RENTER AND EQUIPMENT OWNER (EACH, AN “INDEMNIFYING PARTY”) AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS DIZEL, AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, AND SHAREHOLDERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, LIABILITIES, DAMAGES (INCLUDING DIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES), LOSSES, FINES, PENALTIES, JUDGMENTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), ARISING OUT OF OR RELATED TO:
Rental Rates and Platform Fees. The determination of rental rates for Equipment listed on the Dizel platform shall be at the sole and absolute discretion of the Equipment Owner. Equipment Owners may establish or modify such rates at any time, subject to applicable fees assessed by Dizel, including, without limitation, fees associated with Dizel’s provision of Managed Services. Dizel may provide Equipment Owners with recommended market rates based on regional and equipment-specific benchmarks; however, such recommendations are non-binding and provided for informational purposes only. As consideration for the services rendered by Dizel, the following fees shall apply:
Renter Platform Fee: For each Equipment rental, Renter shall pay a Platform Fee equal to eleven and one-half percent (11.5%) of the total rental charges. This Platform Fee is non-refundable, exclusive of applicable state and local taxes, and is automatically included in the total amount due at checkout. The Platform Fee includes enrollment in and coverage under the DRP program, as further described in this Agreement.
Owner Managed Services Fee: For each Equipment rental, Dizel shall charge the Equipment Owner a Managed Services Fee equal to six and one-half percent (6.5%) of the aggregate rental charges. This fee shall be deducted from the amounts payable to the Equipment Owner and represents consideration for Dizel’s provision of platform access, transaction facilitation, and related managed services. Equipment Owners shall also input the applicable cost of maintenance services (calculated per 250-hour interval), cleaning costs, and transportation costs which Dizel will incorporate into rental pricing and collect from Renters on the Owner’s behalf unless Dizel performs the services directly.
Assignment and Use Restrictions. Renter shall not sublease, subrent, assign, loan, or otherwise transfer possession or control of the Equipment to any third party without the prior written consent of Dizel, and any such unauthorized action shall be null and void. Renter further agrees to use and retain the Equipment exclusively at the job site designated in the Rental Agreement unless otherwise authorized in writing by Dizel. Dizel may, at its sole discretion and without notice to Renter, assign or transfer this Agreement, the Equipment, or any rights to receive payments or other benefits arising under this Agreement.
Taxes.
The Platform is configured to diligently adhere to statutory requirements governing sales and use tax computations across various states, regions, and municipalities. The Platform incorporates direct API integration with the third-party cloud-based sales and use tax calculation system. Such API and third-party services are chosen at Dizel’s sole discretion.
Sales tax and use tax are automatically assessed against the Renter and subsequently remitted by Dizel to the appropriate tax authority. The computation of sales tax considers both the origin and destination of the Equipment to provide precise calculations across various tax jurisdictions, including county or state locales. Notwithstanding the foregoing, Renter shall not rely on Dizel as it relates to any taxes charged or calculated in connection with the Rental of the Equipment. No information provided in this Agreement, on the Platform, or by any Dizel representative shall be construed or considered tax advice. Renter shall retain its own accountants to provide any and all tax advice related to Renter’s transactions through the Platform.
Equipment property taxes shall be the exclusive obligation of the Equipment Owner. In certain jurisdictions, unique ownership levies, such as the Colorado Special Mobile Machinery (SMM) tax, may be applicable. Such taxes may be incorporated within the calculation of rental rates charged by the Equipment Owner. Notwithstanding the foregoing, Renter shall be responsible for its compliance with all property tax laws, and for prompt remittance of any property taxes later charged by an Equipment Owner or Dizel on behalf of such Equipment Owner, if not otherwise charged through the Platform.
Post Rental Expenses.
Any subsequent activities that occur outside of the Rental Term (“Post-Rental Activities”) shall be invoiced upon the conclusion of the Rental Term or upon completion of the Post-Rental Activities and shall be delineated in one or more invoices. For purposes of clarity, Post-Rental Activities encompass, but are not limited to:
Hourly usage overages; and
Any other service costs
Usage Limit.
Overages. In the event that the cumulative usage of any unit of Equipment exceeds the specified limit of 224 hours throughout the Rental Term, additional charges shall be incurred at the conclusion of the Rental Term, delineated in one or more invoices. The overage rate per hour shall be determined based on the equivalent daily rental rate applicable to the utilized unit of Equipment. The computation of overage charges shall be executed through the formula: [hourly rental rate] x [cumulative overage hours across the rental period] = [overage charges]. For illustrative purposes, if a monthly rental fee of $9,000 was assessed for a usage period of 300 hours within a month, resulting in an excess of 76 hours beyond the stipulated 224-hour monthly limit, the overage charge would be calculated accordingly:
Illustrative Example: If a monthly rental rate of $9,000 is charged for Equipment used for 300 hours in one month, the overage would be calculated as follows: $9,000 ÷ 224 = $40.18/hour × 76 excess hours = $3,052.94.
Overage charges shall be due immediately upon invoicing and are non-disputable absent manifest error. Renter acknowledges that accurate tracking of usage hours, including via telematics or GPS systems, is essential and binding for this calculation.
Payment. The Renter’s obligation to remit the rental fees, along with all associated freight, taxes, and any other amounts stipulated in this Agreement when due, is unequivocal and unconditional, without allowance for deductions, set-off rights, abatements, withholdings, or claims for compensation of any nature. The Renter hereby grants explicit authorization to Dizel for the imposition and collection of all fees due hereunder, inclusive of taxes and any additional amounts owed to Dizel pursuant to the terms of this Agreement.
18.##### Early Returns, Extensions, Cancellations.
1. The return of Equipment prior to the anticipated conclusion of the Rental Term is permissible. However, the minimum duration for which the Equipment may be rented is stipulated at 1 day.
2. A Renter may request an extension to the Rental Term by submitting such request to Dizel and the Equipment Owner at least seventy-two (72) hours in advance of the expiration of the Rental Term; failure to adhere to this timeframe may result in the reclamation of the Equipment.
3. In order to be eligible for a complete reimbursement, cancellations must be effectuated no less than twenty-four (24) hours prior to the scheduled pick-up of the Equipment. Incurred charges may be applicable for cancellations made subsequent to the aforementioned cancellation period.
19. Transportation.
1. The Renter shall be furnished with a quotation for the transportation of each machine promptly upon placement of such order through the Platform. The ultimate transportation expenses shall be itemized and reflected on one or more invoices submitted to Renter.
2. Renter understands that initial calculation of transportation expenses are only estimates and that unforeseen circumstances may result in the final costs deviating from the initially quoted transportation fees. Dizel and the Equipment Owner shall use best efforts to notify Renter in advance of any deviations.
3. Renter shall be subject to electronic notifications, disseminated via email and text messages, at various intervals during the transportation process of each unit of Equipment.
4. In the event Equipment has not been delivered within a reasonable period of time after the anticipated delivery time, Dizel shall take such efforts as it deems necessary to resolve any issues with delivery or transportation of the Equipment. Dizel reserves the right to charge for any costs associated with such actions.
Machine Downtime Swaps.
For machines Equipment that is incapacitated in the field and deemed irreparable despite diligent attempts to remedy or repair, Dizel will use best efforts to replace or substitute such Equipment within four (4) days from the occurrence of the breakdown.
If the breakdown is the Equipment Owner’s responsibility or fault:
The responsibility for the replacement of similar equipment shall be the responsibility of the Equipment Owner;
If the Equipment Owner is unable to procure a similar unit of equipment, a designated Dizel account manager shall diligently endeavor to locate a commensurate replacement unit of Equipment within the territory of the Renter;
The Equipment Owner shall bear the responsibility for the transportation of the inoperable Equipment back to the Equipment Owner’s premises;
The Renter shall receive due credit for the duration necessitated to replace the inoperable Equipment;
In the event that the breakdown is the Renter’s responsibility or fault:
The rental obligation for the Equipment shall persist until such time as a substitute unit of Equipment has been delivered to the Renter’s designated site and is deemed operational for productive use;
The Equipment Owner shall possess the preferential right to refuse the provision of a similar Equipment, with any associated costs being the responsibility of the Renter;
Renter will be responsible for the cost of transporting the inoperable Equipment to the Owner’s requested service provider or back to the Owner’s premises, at Owner’s discretion.
Maintenance Costs and Obligations. Dizel is committed to ensuring that all Equipment available through the platform is properly maintained through ongoing preventative maintenance during the Rental Term. Preventative maintenance is mandatory and must be performed at regular intervals based on tracked Equipment usage, specifically at every 250-hour increment, including but not limited to the 250-hour and 500-hour service intervals. Maintenance obligations rest solely with the Equipment Owner, who shall ensure that all required services are completed in a timely and professional manner in accordance with manufacturer specifications and industry best practices. Dizel reserves the right, but not the obligation, to perform any required preventative maintenance on the Equipment Owner’s behalf, in which case the associated costs shall be deducted from the Equipment Owner’s rental proceeds.
Each preventative maintenance service shall include, at minimum:\
Fuel, oil, and coolant level checks;
Oil and filter replacement using OEM-specified parts;
Hydraulic filter replacement (at 500-hour and 1,500-hour intervals only);
Diagnostic testing and condition monitoring;
Tire and tread inspections;
Issuance of a non-critical and/or recommended future repairs report.
The Equipment Owner shall enter into the Dizel platform the cost of performing preventative maintenance per 250-hour interval. Dizel shall incorporate this cost into the rental pricing and recover the applicable amount from the Renter based on usage. Dizel shall remit such recovered maintenance amounts to the Equipment Owner unless Dizel has performed the maintenance directly.
Renter’s Daily Maintenance Responsibilities
Renter shall ensure that each operator performs a daily machine walk-around inspection and greasing of the Equipment. Additionally, Renter must ensure that radiators and air filters are cleaned (blown out) in accordance with the OEM’s operation manual, typically located in the glove box or behind the operator’s seat.
Renter shall be solely liable for any damage to the Equipment resulting from failure to perform these daily maintenance obligations. Dizel may, at its discretion, assess and charge the Renter for such damages, which may be billed directly or deducted from Renter’s account.
End-of-Term Cleaning and Return Obligations. Upon the expiration or earlier termination of the Rental Term, Renter shall prepare the Equipment for transportation and return it in a clean and serviceable condition, consistent with the state in which it was delivered, normal wear and tear excepted. Renter’s responsibilities shall include, but are not limited to:
Cleaning the interior of the cab;
Cleaning undercarriage areas;
Cleaning tracks and/or tires;
Refilling DEF (Diesel Exhaust Fluid) to full capacity;
Blowing out air filters and radiators.
For attachments, the following obligations also apply:
Hammers must be properly greased;
Hydraulic systems must be bled;
Wearable parts (e.g., cutting edges, bucket teeth, hammer bits) must be replaced if exhibiting greater than seventy-five percent (75%) wear.
Failure to perform these cleaning and preparation obligations may result in additional charges, which shall be billed to Renter or deducted from any existing balance.
Jobsite Service Access.
The Renter hereby undertakes to furnish, or procure, formal written consent from jobsite management, granting authorized Dizel service providers unrestricted access to perform maintenance and servicing activities on any Equipment rented from Dizel at the designated jobsite as may be deemed necessary in Dizel’s sole discretion. Additionally, the Renter expressly commits to supplying Dizel with any requisite site-specific safety training and personal protective equipment (PPE) mandated for the operation of the machinery.
In the event of a requisite job site maintenance or repair visit, Dizel shall undertake to afford the Renter as much notice as feasibly possible to facilitate the making of requisite arrangements.
Dizel additionally requires that jobsite management ensure the availability of the Equipment beyond regular business hours, encompassing mornings, nights, weekends, or as circumstances permit.
Dizel shall undertake to ensure that the designated jobsite contact receives continuous communication pertaining to all maintenance and service activities, including, but not limited to:
The name of the individual performing services;
The entity’s qualifications and certifications;
What services are being performed;
Arrival/activity/departure estimates.
Payment and Billing Terms. Payment in full is due at checkout in order to reserve the Equipment. Renter’s payment obligation includes all applicable rental charges, Platform Fees, transportation costs, taxes, and any other applicable fees disclosed during the checkout process. Reservations are not confirmed and Equipment will not be secured until payment has been successfully processed. Renter hereby authorizes Dizel to charge the payment method on file for all amounts due under this Rental and Service Agreement, including any post-rental charges incurred.
Credit and Billing Process:
Renter must establish an Automated Clearing House (ACH) or credit card payment method as part of the checkout process.
Dizel may conduct a credit authorization and reserves the right to deny a transaction in its sole discretion.
If a rental exceeds the initial Rental Term, Renter will be charged additional fees on a recurring 28-day billing cycle, or on a pro-rata basis as applicable.
Rate Rollover and Pro-Rata Charges:
3 days = 1 week;
2.5 weeks = 1 month;
Example (Weekly): A 10-day rental is billed as 2 weeks;
Example (Monthly): A 17-day rental is billed as 1 month.
Renter may associate each rental with a purchase order (PO) number, which will be linked to their User ID.
Invoices and billing statements will be sent to the designated billing contact and made available through the Renter’s online account.
Default. A “Default” under this Rental and Service Agreement shall occur if Renter or Equipment Owner, as applicable, fails to perform or breaches any obligation under this Agreement, including but not limited to:
Remedies. In the event of Default, Dizel may, in its sole discretion and without prior notice, exercise any of the following remedies:
Repossession shall not be considered a waiver of any additional rights or remedies available to Dizel under this Agreement or applicable law. All remedies under this Agreement are cumulative and may be exercised singularly or concurrently at Dizel’s discretion. (Affirmed cumulative remedies
Governing Law and Jurisdiction. This Rental and Service Agreement, and any dispute or claim arising out of or relating to it (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware, without regard to conflict of law principles.
Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts located in Delaware for any legal suit, action, or proceeding arising out of or relating to this Agreement. Each party further waives any objection to the laying of venue in such courts and any claim that such proceedings have been brought in an inconvenient forum.
Individual Claims Only; No Class Actions. Renter and Equipment Owner each agree that any legal claim, dispute, or proceeding arising out of or relating to this Agreement, the Equipment, or any services provided by Dizel, shall be brought and conducted solely on an individual basis, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. Neither Renter nor Equipment Owner shall initiate or participate in any class-action, collective-action, or representative-action lawsuit or arbitration against Dizel, whether as a named plaintiff, class representative, class member, or otherwise. Nothing in this provision shall be construed to waive or limit the right of Renter or Equipment Owner to bring an individual claim in a court of competent jurisdiction or through arbitration, as applicable.
Criminal Conduct Warning. The use of false, fraudulent, or misleading identification or information to obtain possession of Equipment, or the intentional failure to return Equipment at the expiration of the Rental Term, may constitute theft and may be subject to criminal prosecution under applicable federal, state, or local criminal statutes, including but not limited to provisions of the penal code governing theft, fraud, or conversion.
Telematics and GPS Tracking by Equipment Owners. Renter acknowledges and agrees that Equipment Owners may install or enable GPS tracking systems or other telematics devices on the Equipment to monitor its location, usage, performance, and condition (“Telematics Data”). By renting and using the Equipment, Renter consents to the collection, monitoring, and use of such data by the Equipment Owner for operational, security, maintenance, and compliance purposes.
Renter shall be solely responsible for obtaining any necessary consents or providing any required notices to its employees, contractors, or other operators of the Equipment, as required under applicable law, to permit the Equipment Owner’s collection and use of Telematics Data.
Renter further agrees that Equipment Owners shall retain all rights, title, and interest in and to any Telematics Data collected through devices they have installed, subject to applicable data protection laws.
Force Majeure. Neither Renter, Equipment Owner, nor Dizel shall be held liable for any failure or delay in performing their respective obligations under this Rental Agreement to the extent such failure or delay is caused by an event of Force Majeure, provided that the affected party gives notice to the other parties as soon as commercially practicable and makes reasonable efforts to resume performance as promptly as possible.
For purposes of this Agreement, “Force Majeure” shall include, but not be limited to: fire, flood, earthquake, hurricane, tornado, tsunami, mudslide, pandemic, epidemic, war, act of terrorism, insurrection, riot, civil unrest, governmental action or restriction, labor strike or lockout (excluding those involving the non-performing party’s own employees), failure or interruption of utilities or communication networks, and any other event or circumstance beyond the reasonable control of the non-performing party and not due to such party’s fault or negligence.
Modifications to Terms. Dizel reserves the right to amend, update, or modify these Rental Agreement Terms at any time in its sole discretion. Any such modifications shall be effective immediately upon being posted on Dizel’s website and will be reflected by the “Last Updated” date indicated below. Renter’s or Equipment Owner’s continued use of the Dizel platform or Equipment after any such modification constitutes acceptance of the modified Terms. Except as expressly set forth in this section, no amendment or modification of these Rental Agreement Terms shall be valid unless made in a written instrument signed by all applicable parties.