Rental Service Terms and Conditions

“Agreement” means these Rental Service Terms and Conditions together with any quote, rental order, or invoice issued by First Call Fencing, LLC to Customer, all of which are incorporated herein by reference.

“Company” or “we” means First Call Fencing, LLC, a limited liability company.

“Customer” or “you” means the individual, business, or entity identified in the rental order or quote, including any authorized representative, agent, or employee acting on Customer’s behalf.

“Equipment” means any fencing panels, posts, gates, clamps, feet, sandbags, wind screens, privacy slats, safety accessories, or other items identified as rental items in the Agreement, together with any accessories or attachments delivered with such items.

“Rental Period” means the period beginning when Equipment leaves Company’s facility or is delivered to Customer and ending when Equipment is either returned to Company’s facility during normal business hours or picked up by Company after Customer provides proper off-rent notice.

“Site” means the job site, event venue, or project location where the Equipment will be placed and used.

These Terms govern every rental transaction between Customer and First Call Fencing, LLC. By signing a rental order, accepting delivery of Equipment, or making any payment toward a rental, Customer agrees to be bound by these Terms in their entirety, even if a fully executed agreement has not been returned to Company. These Terms supersede any prior oral or written representations unless expressly incorporated into a written amendment signed by an authorized officer of Company.

Any individual signing or otherwise accepting this Agreement represents and warrants that he or she is of legal age and has full authority to bind Customer to these Terms. If Customer is a business entity, the signatory represents that he or she is duly authorized to act on its behalf.

Company warrants that Equipment will be in good working order and condition upon delivery. Customer acknowledges that it has inspected — or will inspect upon delivery — the Equipment and finds it suitable for Customer’s intended purpose. Customer shall immediately notify Company of any damage, defect, or missing component identified at delivery. Failure to provide such notice within 24 hours of delivery constitutes Customer’s acceptance of the Equipment in good condition.

Customer shall:

• (a) Use the Equipment only for its intended purpose and in a safe, lawful manner;
• (b) Not permit any unqualified, unlicensed, or unauthorized person to operate or modify the Equipment;
• (c) Not alter, repair, weld, paint, or modify the Equipment in any way without Company’s prior written consent;
• (d) Not move the Equipment to a location other than the Site identified in the Agreement without Company’s prior written approval;
• (e) Not sublet, loan, or transfer the Equipment to any third party;
• (f) Inspect the Equipment daily and notify Company immediately upon discovering any malfunction, damage, or unsafe condition;
• (g) Secure the Equipment against theft, vandalism, and weather-related damage; and
• (h) Return the Equipment in the same condition as delivered, normal wear and tear excepted.

Customer shall not use the Equipment: (i) to store or come into contact with hazardous, toxic, or regulated materials; (ii) in any manner that violates applicable law, ordinance, or regulation; (iii) beyond its rated load or capacity; or (iv) in any application for which it is not designed. Customer assumes all risk associated with any prohibited use and shall indemnify Company for any resulting loss, damage, or liability.

Customer is solely responsible, at Customer’s expense, for obtaining all permits, licenses, and approvals required for the placement and use of Equipment at the Site, including but not limited to zoning approvals, right-of-way permits, underground utility locates (811 / Dig Safe), and OSHA compliance. Customer shall comply with all applicable federal, state, and local laws, codes, and regulations in connection with the use of Equipment. Company is not responsible for Customer’s failure to obtain required permits or to comply with applicable law.

Rental charges begin when Equipment leaves Company’s facility or is delivered to the Site, whichever occurs first, and continue until Equipment is returned to Company’s facility during normal business hours or picked up by Company after Customer provides proper off-rent notice and a confirmation number is issued. Rental charges accrue seven days a week, including weekends and holidays, unless otherwise stated in the Agreement.

Delivery and pick-up fees, environmental and fuel surcharges, and applicable taxes are additional and will be itemized on the invoice. Rental rates are based on normal single-shift use (up to 8 hours per day). Extended or multi-shift use may result in additional charges.

Payment is due upon receipt of invoice unless a credit account has been established in writing with Company. Past-due balances accrue interest at the lesser of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law. Customer is responsible for all reasonable collection costs, including attorney’s fees, incurred by Company to collect unpaid amounts. Company reserves the right to require a deposit or prepayment prior to delivery.

At the expiration of the Rental Period, Customer shall return Equipment to Company’s facility or make it available for pick-up, clean and free of debris, in the same condition as delivered, normal wear and tear excepted. If Equipment is not returned by the end of the agreed Rental Period, rental charges will continue to accrue at the applicable rate until Equipment is received by Company.

“Normal wear and tear” means only the minimal, gradual deterioration caused by ordinary, proper use. The following are not considered normal wear and tear: damage from misuse, overloading, collision, vandalism, theft, exposure to chemicals or corrosive substances, improper storage, or any other cause beyond ordinary use.

Customer assumes full responsibility for loss of, or damage to, Equipment from the time it is delivered until it is returned to Company’s facility or picked up by Company. In the event of loss, theft, or destruction, Customer shall pay Company the full replacement value of the Equipment plus all rental charges accrued through the date of Company’s notification. In the event of damage, Customer shall pay the reasonable cost of repair and rental charges during the repair period. Customer shall promptly notify Company and, in the case of theft or vandalism, the appropriate law enforcement agency.

This Agreement is a rental only. Title to the Equipment remains with Company at all times. Customer acquires no ownership interest or option to purchase. Customer shall keep the Equipment free from all liens, encumbrances, and claims of third parties.

If Equipment becomes unsafe, malfunctions, or requires repair during the Rental Period, Customer shall immediately stop using it and notify Company. If the malfunction is due to normal operation, Company will repair or replace the Equipment. Company has no obligation to repair Equipment damaged by misuse, abuse, or neglect. Customer’s sole remedy for Equipment failure is the termination of rental charges after timely return of the Equipment to Company.

Customer shall maintain, at its sole expense, during the Rental Period: (i) commercial general liability insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate; and (ii) property insurance covering the full replacement cost of the rented Equipment. Customer shall name Company as an additional insured on its commercial general liability policy. Upon request, Customer shall provide Company with certificates of insurance evidencing the required coverage. Any deductibles are Customer’s sole responsibility.

Customer shall be in default if Customer: (a) fails to pay any amount when due; (b) breaches any provision of this Agreement; (c) becomes insolvent or files for bankruptcy protection; or (d) abandons or endangers the Equipment. Upon default, Company may, without further notice: (i) terminate the Rental Period; (ii) declare all amounts immediately due and payable; (iii) repossess the Equipment from the Site without legal process, and Customer hereby consents to such entry and repossession; or (iv) pursue any remedy available at law or equity. Customer shall bear all costs of repossession, including attorney’s fees.

Neither party shall be liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, strikes, government actions, or public health emergencies. In such event, the affected party shall promptly notify the other and use reasonable efforts to resume performance.

This Agreement shall be governed by the laws of the State of Tennessee, without regard to conflict of law principles. Any dispute arising out of or relating to this Agreement shall be resolved in the state or federal courts located in Tennessee, and the parties irrevocably consent to the personal jurisdiction of such courts.

These Terms, together with any rental order, quote, or invoice issued by First Call Fencing, LLC, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations, and agreements. No amendment or modification of these Terms shall be effective unless made in writing and signed by an authorized representative of Company. Company reserves the right to update these Terms at any time; the version posted at firstcallfencing.com/legal/rental-terms at the time of each rental transaction shall apply to that transaction.

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Company’s failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or of any other provision. No waiver shall be effective unless in writing and signed by an authorized representative of Company.

Questions regarding these Terms may be directed to:

First Call Fencing, LLC
Website: firstcallfencing.com