Equipment Rental Order – Terms & Conditions
(these “Terms and Conditions”)
These Terms and Conditions are an integral part of any Equipment Rental Orders or other similar agreements (each, a “Rental Order” and collectively, “Rental Orders”) which are accepted by Driven Services, LLC, a Texas limited liability company (“Driven”), and the customer(s) (the “Customer”) identified in each such Rental Order. In the absence of a written Rental Order which is signed by the Customer or by a person who has lawful or apparent authority to bind the Customer to the Rental Order, the Customer shall be deemed for all purposes to be the person or persons to whom possession of any equipment or other property (“Equipment”, including any “Towing Equipment”, as defined in Section 2 below) is delivered by Driven or at its request, together with any entity or entities which such person(s) represent or by whom they are employed, all of whom shall be deemed to have agreed to be bound to the terms and conditions set forth herein for all purposes by virtue of their conduct in accepting possession of such Equipment, and to have further represented and warranted to Driven that they have all necessary right and authority to bind the Customer to the applicable Rental Order.
1. Customer’s Acknowledgements. Customer acknowledges and agrees that (a) it has thoroughly inspected the Equipment prior to accepting it and found it to be in good condition and working order and suitable for Customer’s intended purposes, (b) all maintenance services, if any, which were requested by Customer prior to accepting the Equipment have been provided in a good and workmanlike manner and to Customer’s reasonable satisfaction, (c) delivery and pick-up of Equipment is subject to additional fees as specified in the applicable Rental Order and as otherwise expressly provided herein; and (d) if Driven notifies Customer within seven (7) days after the date Driven signs the Rental Order that any rental equipment described therein is unavailable, then the Rental Order will be deemed null and void as it relates to such unavailable rental equipment, but shall otherwise.
2. Equipment Rental; Additional Charges. Equipment Rental and other amounts payable by Customer hereunder shall be due and payable immediately upon Customer’s receipt of Driven’s invoice. Rental rates do not include applicable sales and use taxes, delivery and pick-up fees, tires and tubes, or any other charges which Driven may assess under the Rental Order or elsewhere in these Terms and Conditions.
3. Use of Equipment; Damage or Loss. Customer is solely responsible for the Equipment from the moment it’s picked up by or delivered to and accepted by the Customer or its representatives, until such time as the Equipment is returned to Driven or its nominee in the condition required hereunder (the “Rental Period”, including weekends and holidays). Customer covenants and agrees that at all times during the Rental Period, it will (a) not permit or allow anyone to drive, operate, service or transport the Equipment who is not otherwise fully and properly trained, qualified and licensed to do so in accordance with applicable law, (b) only use the Equipment in a manner which complies with all applicable federal, state and local laws, regulations and ordinances of any kind, including those relating to safety and the environment, and which ensures the safety and protection of the Equipment itself, as well as its operators and all those other persons in the areas surrounding the areas in which the Equipment is being used, (b) be solely responsible for, and indemnify, defend and hold Driven harmless from and against (i) any and all damage to or loss of the Equipment described in the Rental Order, as well as vehicles, trailers, trailer hitches, safety chains, and other similar materials or apparatus (“Towing Equipment”) provided by or through Driven for Customer’s Use (whether or not described in the Rental Order) at any time during the Rental Period, and (ii) verifying that such Towing Equipment is in good condition and suitable for towing the Equipment, before doing so. Customer shall immediately cease use of and notify Driven if any Equipment (including Towing Equipment) is lost, stolen, damaged, moved or otherwise found to be in need of repair or maintenance at any time during the Rental Period, and acknowledges that its failure to do so may give rise to additional charges and/or liabilities to Driven hereunder for (1) damages to the Equipment that would not have otherwise occurred had Customer stopped using it when it first realized that such Equipment was in need of repair or maintenance, and (2) additional delivery and/or retrieval charges will accrue if Customer moves or relocates any Equipment to another job site or location during the Rental Period, according to Driven’s then-current rates and charges, which may vary depending upon the location to which such Equipment was moved, distance and various other factors within its sole reasonable discretion. Notwithstanding anything to the contrary in the Rental Order or these Terms and Conditions, Driven may replace any Equipment provided hereunder with other similar Equipment at any time during the Rental Period, so long as such equipment is substantially similar to the Equipment described in the Rental Oder.
4. Return of Equipment. Unless otherwise expressly provided in the applicable Rental Order or otherwise agreed by Driven in writing, Customer shall return the Equipment to Driven during Driven’s regular business hours prior to the Rental Return Date (herein so called), if any, specified in the Rental Order. If the Rental Order fails to specify a Rental Return Date, the Customer shall return the Equipment to Driven on the earlier of (a) three (3) days after the date of its receipt of Driven’s written request or demand for return of the Equipment, or (b) the date upon which Customer determines that the Equipment is no longer needed. If the Rental Order obligates Driven to pick up the Equipment and specifies a Rental Return Date, then Driven shall do as soon as reasonably practicable after the specified Rental Return Date. If the Rental Order obligates Driven to pick up the Equipment but fails to specify a Rental Return Date, then Driven shall do so as soon as reasonably practicable after receiving Customer’s written notice that such Equipment is no longer needed and ready for pick-up. In any event, Customer shall restore the Equipment to the same condition in which it was received at the beginning of the Rental Period, except for reasonable wear and tear and deterioration resulting from normal use for no more than 8 hours/day, 5 days/week and 160 hours/month. In no event, however, should “reasonable wear and tear” be construed as meaning damages resulting from (i) Customer’s failure to maintain and service the Equipment, (ii) accident, collision, dents, tears, bending, stains or other damage resulting from negligence use or operation, (iii) wear and tear resulting from use in excess of the hourly limitations specified above.
5. Loss, Damage or Theft. If the Equipment is lost, damaged or stolen, or Customer is otherwise unable to return possession of the Equipment to Driven at the end of the Rental Period for any reason, then Customer shall pay Driven the full replacement value of the Equipment in question, as reasonably determined by Driven or its underwriters, together with Rent until the date upon which such replacement value is actually paid by Customer. If Driven reasonably determines that the Equipment has been damaged, then Customer shall pay Driven the reasonable cost of repairs; provided, that if the extent of the damage is such that the Equipment cannot be rented to another customer until after it’s been repaired, then Customer shall pay Driven for the reasonable cost of repairs, together with Rent for the period of time which Driven reasonably estimates it will take to complete the necessary repairs, using its diligent and continuous efforts during regular business hours. The foregoing costs shall include, but not be limited to, costs incurred in connection with additional cleaning and repairs necessary to restore the Equipment to its original condition or configuration, or in connection with the removal and disposal of any contents remaining in any tanks upon the return or retrieval of any Port-a-Johns or similar Equipment which contains tanks of any kind.
6. RISK OF USE; INDEMNIFICATION. CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH ITS USE AND OPERATION OF THE EQUIPMENT, AND SHALL BE SOLELY RESPONSIBLE FOR ALL DAMAGE TO PROPERTY, AND HARM, INJURY OR DEATH TO PERSONS, EXCEPT TO THE EXTENT CAUSED BY SOLE NEGLIGENCE OF DRIVEN, ITS OFFICERS, MEMBERS, AGENTS OR REPRESENTATIVES OF ANY KIND (THE “DRIVEN INDEMNITEES”). CUSTOMER COVENANTS AND AGREES TO INDEMNIFY, DEFEND, AND HOLD THE DRIVEN INDEMNITEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, EXPENSES, HARM, INJURY OR LOSS OF ANY KIND, INCLUDING ATTORNEYS' FEES, COURT COSTS AND OTHER SIMILAR FEES AND EXPENSES ARISING FROM OR RELATING TO CUSTOMER'S USE OF EQUIPMENT PROVIDED BY DRIVEN HEREUNDER, INCLUDING WITHOUT LIMITATION, CLAIMS BY THIRD PARTIES THAT THE USE OF SUCH EQUIPMENT CAUSED OR OTHERWISE RESULTED IN BODILY INJURY, HARM OR DEATH TO PERSONS, CLAIMS BASED ON STRICT LIABILITY, PRODUCTS LIABILITY OR ANY SIMILAR CAUSES OF ACTION.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL DRIVEN (INCLUDING THE DRIVEN INDEMNITEES) BE LIABLE TO CUSTOMER, ITS CLIENTS OR TO ANY OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS OR THIRD PARTIES OF ANY KIND FOR (I) ANY LOSS OR DAMAGE TO PROPERTY, OR INJURY OR DEATH TO PERSONS, CAUSED BY, RESULTING FROM OR IN ANY WAY CONNECTED WITH THE EQUIPMENT, OR THE USE OR OPERATION THEREOF; OR (II) DRIVEN’S FAILURE TO PROMPTLY REPAIR OR REPLACE ANY EQUIPMENT WHICH FALLS INTO DISREPAIR DURING THE RENTAL PERIOD; OR (III) ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
8. Insurance. Unless Driven has offered, and Customer has purchased, a Loss-Damage Waiver in connection with the Customer’s rental of the Equipment described in the Rental Order, on terms and conditions which are acceptable to both parties and in compliance with any applicable provisions of the Texas Business and Commerce Code, or successor statutes, Customer shall maintain and carry (i) commercial auto liability insurance with limits of at least $1 million per occurrence; (ii) commercial general liability insurance with limits of insurance not less than $3 million per occurrence and $5 million in the aggregate; and (iii) property insurance for the full replacement cost of the Equipment, including coverage for all risks of loss or damage to the Equipment during the Rental Period. Such insurance shall be primary and non-contributory to any other insurance maintained by Driven. Customer shall provide Driven with Certificates of Insurance naming Driven as an additional insured / loss payee under such policies, respectively.
9. Title; Ownership; No Assignment, Lending or Sub-Renting. Driven retains and reserves all right, title and interest in and to the Equipment. Customer shall keep the Equipment free and clear of all mechanics and materialmen’s liens and other liens and encumbrances of any kind. Customer shall not assign its rights under the Rental Order or these Terms and Conditions, nor deliver, lend, or sub-rent any Equipment provided by Driven hereunder to any third party unless previously approved by Driven in writing, and any such action taken without Driven’s consent will be void.
10. Default. If Customer fails to pay any amount payable hereunder when due or to perform any of its other obligations to Driven, or if Driven reasonably anticipates that Customer may fail to do so or is otherwise about to become insolvent, then Driven may (i) terminate the Equipment rental contemplated herein, in whole or in part and without prior notice; (ii) declare the entire amount due hereunder to be immediately due and payable; (iii) cause Driven’s employees or agents to enter upon Customer's property, retake and repossess the Equipment in accordance with applicable law, and Customer hereby consents to any such entry, re-taking and repossession and hereby waives all claims for damages and losses resulting from its conduct in doing so; and/or (iv) pursue such other remedies as may be available at law or in equity.
11. WARRANTY; DISCLAIMER. DRIVEN WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD WORKING ORDER UPON DELIVERY AND THAT ALL SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. DRIVEN MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED AS TO THE EQUIPMENT OR SERVICES TO BE PROVIDED HEREUNDER, NOR AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS OR SUITABILITY FOR ITS INTENDED PURPOSE OR CUSTOMER’S NEEDS. DRIVEN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. IF DRIVEN BREACHS THE FOREGOING EQUIPMENT WARRANTY, OR SERVICE WARRANTY, THEN DRIVEN SHALL EITHER (A) REPAIR OR REPLACE THE EQUIPMENT IN QUESTION, OR (B) RE-PERFORM THE SERVICE IN QUESTION; AT ITS SOLE COST AND EXPENSE AND AS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY.
12. Electronic Signatures; Counterparts. Rental Orders may be executed in duplicate counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of a Rental Order delivered by email, DocuSign or other means of electronic signature and/or transmission shall be deemed to have the same legal effect as delivery of an original, with wet-ink signatures. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in a Rental Order are intended to authenticate such writing and to have the same force and effect as wet-ink signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a
13. party with the intent to sign such record (including, but not limited to, facsimile, email electronic signatures, or electronically imaged signatures provided by DocuSign or any other digital signature provider) pursuant to the Texas Uniform Electronic Transactions Act (Tex. Bus. & Com. Code Ann. § 322.001 et seq.) as amended from time to time.
14. Entire Agreement. A Rental Order which incorporates these Terms and Conditions by reference, together with these Terms and Conditions, constitutes the entire agreement of the parties relating to the rental of the Equipment more particularly described therein, and may not be modified, amended, or otherwise superseded by any other agreement between the parties, whether written or verbal, except by written amendment which expressly refers to the Rental Order and which is signed by both parties.Equipment Rental Order – Terms & Conditions
(these “Terms and Conditions”)
These Terms and Conditions are an integral part of any Equipment Rental Orders or other similar agreements (each, a “Rental Order” and collectively, “Rental Orders”) which are accepted by Driven Services, LLC, a Texas limited liability company (“Driven”), and the customer(s) (the “Customer”) identified in each such Rental Order. In the absence of a written Rental Order which is signed by the Customer or by a person who has lawful or apparent authority to bind the Customer to the Rental Order, the Customer shall be deemed for all purposes to be the person or persons to whom possession of any equipment or other property (“Equipment”, including any “Towing Equipment”, as defined in Section 2 below) is delivered by Driven or at its request, together with any entity or entities which such person(s) represent or by whom they are employed, all of whom shall be deemed to have agreed to be bound to the terms and conditions set forth herein for all purposes by virtue of their conduct in accepting possession of such Equipment, and to have further represented and warranted to Driven that they have all necessary right and authority to bind the Customer to the applicable Rental Order.
1. Customer’s Acknowledgements. Customer acknowledges and agrees that (a) it has thoroughly inspected the Equipment prior to accepting it and found it to be in good condition and working order and suitable for Customer’s intended purposes, (b) all maintenance services, if any, which were requested by Customer prior to accepting the Equipment have been provided in a good and workmanlike manner and to Customer’s reasonable satisfaction, (c) delivery and pick-up of Equipment is subject to additional fees as specified in the applicable Rental Order and as otherwise expressly provided herein; and (d) if Driven notifies Customer within seven (7) days after the date Driven signs the Rental Order that any rental equipment described therein is unavailable, then the Rental Order will be deemed null and void as it relates to such unavailable rental equipment, but shall otherwise.
2. Equipment Rental; Additional Charges. Equipment Rental and other amounts payable by Customer hereunder shall be due and payable immediately upon Customer’s receipt of Driven’s invoice. Rental rates do not include applicable sales and use taxes, delivery and pick-up fees, tires and tubes, or any other charges which Driven may assess under the Rental Order or elsewhere in these Terms and Conditions.
3. Use of Equipment; Damage or Loss. Customer is solely responsible for the Equipment from the moment it’s picked up by or delivered to and accepted by the Customer or its representatives, until such time as the Equipment is returned to Driven or its nominee in the condition required hereunder (the “Rental Period”, including weekends and holidays). Customer covenants and agrees that at all times during the Rental Period, it will (a) not permit or allow anyone to drive, operate, service or transport the Equipment who is not otherwise fully and properly trained, qualified and licensed to do so in accordance with applicable law, (b) only use the Equipment in a manner which complies with all applicable federal, state and local laws, regulations and ordinances of any kind, including those relating to safety and the environment, and which ensures the safety and protection of the Equipment itself, as well as its operators and all those other persons in the areas surrounding the areas in which the Equipment is being used, (b) be solely responsible for, and indemnify, defend and hold Driven harmless from and against (i) any and all damage to or loss of the Equipment described in the Rental Order, as well as vehicles, trailers, trailer hitches, safety chains, and other similar materials or apparatus (“Towing Equipment”) provided by or through Driven for Customer’s Use (whether or not described in the Rental Order) at any time during the Rental Period, and (ii) verifying that such Towing Equipment is in good condition and suitable for towing the Equipment, before doing so. Customer shall immediately cease use of and notify Driven if any Equipment (including Towing Equipment) is lost, stolen, damaged, moved or otherwise found to be in need of repair or maintenance at any time during the Rental Period, and acknowledges that its failure to do so may give rise to additional charges and/or liabilities to Driven hereunder for (1) damages to the Equipment that would not have otherwise occurred had Customer stopped using it when it first realized that such Equipment was in need of repair or maintenance, and (2) additional delivery and/or retrieval charges will accrue if Customer moves or relocates any Equipment to another job site or location during the Rental Period, according to Driven’s then-current rates and charges, which may vary depending upon the location to which such Equipment was moved, distance and various other factors within its sole reasonable discretion. Notwithstanding anything to the contrary in the Rental Order or these Terms and Conditions, Driven may replace any Equipment provided hereunder with other similar Equipment at any time during the Rental Period, so long as such equipment is substantially similar to the Equipment described in the Rental Oder.
4. Return of Equipment. Unless otherwise expressly provided in the applicable Rental Order or otherwise agreed by Driven in writing, Customer shall return the Equipment to Driven during Driven’s regular business hours prior to the Rental Return Date (herein so called), if any, specified in the Rental Order. If the Rental Order fails to specify a Rental Return Date, the Customer shall return the Equipment to Driven on the earlier of (a) three (3) days after the date of its receipt of Driven’s written request or demand for return of the Equipment, or (b) the date upon which Customer determines that the Equipment is no longer needed. If the Rental Order obligates Driven to pick up the Equipment and specifies a Rental Return Date, then Driven shall do as soon as reasonably practicable after the specified Rental Return Date. If the Rental Order obligates Driven to pick up the Equipment but fails to specify a Rental Return Date, then Driven shall do so as soon as reasonably practicable after receiving Customer’s written notice that such Equipment is no longer needed and ready for pick-up. In any event, Customer shall restore the Equipment to the same condition in which it was received at the beginning of the Rental Period, except for reasonable wear and tear and deterioration resulting from normal use for no more than 8 hours/day, 5 days/week and 160 hours/month. In no event, however, should “reasonable wear and tear” be construed as meaning damages resulting from (i) Customer’s failure to maintain and service the Equipment, (ii) accident, collision, dents, tears, bending, stains or other damage resulting from negligence use or operation, (iii) wear and tear resulting from use in excess of the hourly limitations specified above.
5. Loss, Damage or Theft. If the Equipment is lost, damaged or stolen, or Customer is otherwise unable to return possession of the Equipment to Driven at the end of the Rental Period for any reason, then Customer shall pay Driven the full replacement value of the Equipment in question, as reasonably determined by Driven or its underwriters, together with Rent until the date upon which such replacement value is actually paid by Customer. If Driven reasonably determines that the Equipment has been damaged, then Customer shall pay Driven the reasonable cost of repairs; provided, that if the extent of the damage is such that the Equipment cannot be rented to another customer until after it’s been repaired, then Customer shall pay Driven for the reasonable cost of repairs, together with Rent for the period of time which Driven reasonably estimates it will take to complete the necessary repairs, using its diligent and continuous efforts during regular business hours. The foregoing costs shall include, but not be limited to, costs incurred in connection with additional cleaning and repairs necessary to restore the Equipment to its original condition or configuration, or in connection with the removal and disposal of any contents remaining in any tanks upon the return or retrieval of any Port-a-Johns or similar Equipment which contains tanks of any kind.
6. RISK OF USE; INDEMNIFICATION. CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH ITS USE AND OPERATION OF THE EQUIPMENT, AND SHALL BE SOLELY RESPONSIBLE FOR ALL DAMAGE TO PROPERTY, AND HARM, INJURY OR DEATH TO PERSONS, EXCEPT TO THE EXTENT CAUSED BY SOLE NEGLIGENCE OF DRIVEN, ITS OFFICERS, MEMBERS, AGENTS OR REPRESENTATIVES OF ANY KIND (THE “DRIVEN INDEMNITEES”). CUSTOMER COVENANTS AND AGREES TO INDEMNIFY, DEFEND, AND HOLD THE DRIVEN INDEMNITEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, EXPENSES, HARM, INJURY OR LOSS OF ANY KIND, INCLUDING ATTORNEYS' FEES, COURT COSTS AND OTHER SIMILAR FEES AND EXPENSES ARISING FROM OR RELATING TO CUSTOMER'S USE OF EQUIPMENT PROVIDED BY DRIVEN HEREUNDER, INCLUDING WITHOUT LIMITATION, CLAIMS BY THIRD PARTIES THAT THE USE OF SUCH EQUIPMENT CAUSED OR OTHERWISE RESULTED IN BODILY INJURY, HARM OR DEATH TO PERSONS, CLAIMS BASED ON STRICT LIABILITY, PRODUCTS LIABILITY OR ANY SIMILAR CAUSES OF ACTION.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL DRIVEN (INCLUDING THE DRIVEN INDEMNITEES) BE LIABLE TO CUSTOMER, ITS CLIENTS OR TO ANY OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS OR THIRD PARTIES OF ANY KIND FOR (I) ANY LOSS OR DAMAGE TO PROPERTY, OR INJURY OR DEATH TO PERSONS, CAUSED BY, RESULTING FROM OR IN ANY WAY CONNECTED WITH THE EQUIPMENT, OR THE USE OR OPERATION THEREOF; OR (II) DRIVEN’S FAILURE TO PROMPTLY REPAIR OR REPLACE ANY EQUIPMENT WHICH FALLS INTO DISREPAIR DURING THE RENTAL PERIOD; OR (III) ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
8. Insurance. Unless Driven has offered, and Customer has purchased, a Loss-Damage Waiver in connection with the Customer’s rental of the Equipment described in the Rental Order, on terms and conditions which are acceptable to both parties and in compliance with any applicable provisions of the Texas Business and Commerce Code, or successor statutes, Customer shall maintain and carry (i) commercial auto liability insurance with limits of at least $1 million per occurrence; (ii) commercial general liability insurance with limits of insurance not less than $3 million per occurrence and $5 million in the aggregate; and (iii) property insurance for the full replacement cost of the Equipment, including coverage for all risks of loss or damage to the Equipment during the Rental Period. Such insurance shall be primary and non-contributory to any other insurance maintained by Driven. Customer shall provide Driven with Certificates of Insurance naming Driven as an additional insured / loss payee under such policies, respectively.
9. Title; Ownership; No Assignment, Lending or Sub-Renting. Driven retains and reserves all right, title and interest in and to the Equipment. Customer shall keep the Equipment free and clear of all mechanics and materialmen’s liens and other liens and encumbrances of any kind. Customer shall not assign its rights under the Rental Order or these Terms and Conditions, nor deliver, lend, or sub-rent any Equipment provided by Driven hereunder to any third party unless previously approved by Driven in writing, and any such action taken without Driven’s consent will be void.
10. Default. If Customer fails to pay any amount payable hereunder when due or to perform any of its other obligations to Driven, or if Driven reasonably anticipates that Customer may fail to do so or is otherwise about to become insolvent, then Driven may (i) terminate the Equipment rental contemplated herein, in whole or in part and without prior notice; (ii) declare the entire amount due hereunder to be immediately due and payable; (iii) cause Driven’s employees or agents to enter upon Customer's property, retake and repossess the Equipment in accordance with applicable law, and Customer hereby consents to any such entry, re-taking and repossession and hereby waives all claims for damages and losses resulting from its conduct in doing so; and/or (iv) pursue such other remedies as may be available at law or in equity.
11. WARRANTY; DISCLAIMER. DRIVEN WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD WORKING ORDER UPON DELIVERY AND THAT ALL SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. DRIVEN MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED AS TO THE EQUIPMENT OR SERVICES TO BE PROVIDED HEREUNDER, NOR AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS OR SUITABILITY FOR ITS INTENDED PURPOSE OR CUSTOMER’S NEEDS. DRIVEN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. IF DRIVEN BREACHS THE FOREGOING EQUIPMENT WARRANTY, OR SERVICE WARRANTY, THEN DRIVEN SHALL EITHER (A) REPAIR OR REPLACE THE EQUIPMENT IN QUESTION, OR (B) RE-PERFORM THE SERVICE IN QUESTION; AT ITS SOLE COST AND EXPENSE AND AS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY.
12. Electronic Signatures; Counterparts. Rental Orders may be executed in duplicate counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of a Rental Order delivered by email, DocuSign or other means of electronic signature and/or transmission shall be deemed to have the same legal effect as delivery of an original, with wet-ink signatures. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in a Rental Order are intended to authenticate such writing and to have the same force and effect as wet-ink signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a
13. party with the intent to sign such record (including, but not limited to, facsimile, email electronic signatures, or electronically imaged signatures provided by DocuSign or any other digital signature provider) pursuant to the Texas Uniform Electronic Transactions Act (Tex. Bus. & Com. Code Ann. § 322.001 et seq.) as amended from time to time.
14. Entire Agreement. A Rental Order which incorporates these Terms and Conditions by reference, together with these Terms and Conditions, constitutes the entire agreement of the parties relating to the rental of the Equipment more particularly described therein, and may not be modified, amended, or otherwise superseded by any other agreement between the parties, whether written or verbal, except by written amendment which expressly refers to the Rental Order and which is signed by both parties.