Introduction: This agreement sets forth the terms and conditions under which you may use the Leadfoot Rentals (the "Site"). By accessing or using the Site, you agree to be bound by the terms and conditions set forth in this agreement. If you do not wish to be bound by these terms and conditions, you may not access or use the Site.

Services Offered:

The Site offers the rental of trailers. Rentals are non-refundable and cannot be returned for a refund.

Deposits:

In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the terms of this Agreement to be performed by Customer. In the event of any breach by Customer, the deposit will be credited against any damages, cost or expense incurred by Leadfoot as a result of the breach.  

PAYMENT: All amounts due hereunder shall be payable in full within 30 days of receipt of invoice by Customer. Customer acknowledges that timely payment of rental and service charges is essential to Leadfoot’s business operations and it would be impractical and extremely difficult to fix the actual damages caused by late payment. Customer and Leadfoot agree that there shall be added to all past due rental charges a late payment fee equal to the lesser of two percent (2%) per month (24% per annum) on any such payments outstanding after 30 days, or the maximum amount allowed by applicable law. Rental rates do not include sales tax, goods and services tax or other taxes, levies and assessments required to be collected by Leadfoot from Customer at any time upon, or in respect of, the Equipment and/or the Agreement (collectively, “Taxes”). Customer agrees that Leadfoot reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to late or past due payment(s) or rental charges or Taxes. In the event Customer asserts
that a transaction is exempt from Taxes, Customer agrees to provide a valid tax exemption certificate. Should the transaction later be deemed taxable, Customer is obligated to reimburse Leadfoot for any Tax assessed that was attributable to Customer.

Late return:

Customer agrees that if the Equipment is not returned by the end of the Rental Period, or if the Equipment is not in the condition specified by this Agreement when Leadfoot comes to the Customer site to pick up the Equipment, Leadfoot, in its sole discretion, may require Customer to do any of the following: (A) continue to pay the rental rate(s) applicable to the Equipment as specified in the Agreement; (B) for periods less than 24 hours, pay the full daily rental
rate applicable to the Equipment; (C) pay any increased rental rate(s) in effect at the time of, or after, the expiration of the Rental Period; or (D) assess a pickup charge if the Tanks are not in the empty condition in accordance with the terms of this Agreement. Customer agrees that Leadfoot reserves the right to charge
the Credit Card, and/or Customer’s account for any amount owed by Customer pursuant to this section due to late return of Equipment.  

Rental period/ Calculation of charges:

Rental charges commence when the Equipment leaves the Store Location and ends on the calendar day following the date on which the Equipment is either returned to the Store Location during Leadfoot’s Regular Business Hours or collected by Leadfoot following a notification from the Customer to Leadfoot during Regular Business Hours that the Equipment is “off rent” and obtains an “off rent” confirmation number from Leadfoot.   Rental charges will continue to accrue until Equipment is properly cleaned in accordance with the terms of this Agreement and made available for collection.

Pick-up and Delivery:

Pick-up and delivery by Leadfoot is subject to a “Delivery and Pick-up Service Charge,” the amount(s) of which are disclosed on the Rental and Service
Agreement. Notwithstanding anything to the contrary in the preceding sentence, for the rental of Tanks, the rental period continues until Customer has emptied the Tanks of all contents and cleaned the Tanks in accordance with all applicable regulations, and all other terms of this Agreement. Rental charges do not include
the cost of the Refueling Service Charge, any applicable Taxes (as defined below), the Delivery and Pickup Service Charge, transportation surcharges, the cost of any applicable environmental service charge or other miscellaneous charges, the amount(s) of which are disclosed on the Rental and Service Agreement.

Availability:

Trailers are available on a first-come, first-served basis and subject to availability. The Site does not guarantee the availability of any specific trailer.

Termination:

The Site reserves the right, in its sole discretion, to terminate or suspend your use of the Site at any time, with or without notice and without liability to you.

Limitation of Liability:

To the extent permitted by any law, in no event shall Leadfoot be liable or responsible to Customer or any other party for: (i) any loss, damage or injury caused by, resulting from or in any way connected with the Equipment, its operation or its use; (ii) Leadfoot’s failure to deliver the Equipment as required hereunder or Leadfoot’s failure to repair or replace non-working Equipment; or (iii) any incidental, consequential, or special damages,
even if so advised of the possibility of such damages. Customer acknowledges and assumes all risks inherent in the operation, use and possession of the Equipment from the time the Equipment is delivered to Customer until the Equipment is returned to Leadfoot and will take all necessary precautions to protect all persons and property from injury or damage from the Equipment. Nothing in the Agreement limits Leadfoot’s liability for (a) death or personal injury
caused by negligence; and (b) fraud or fraudulent misrepresentation.

Customer responsibilities:

Customer shall provide Leadfoot with the information and the documentation Leadfoot requests to assess, plan, and perform the Services and/or provide
the Equipment. All Equipment is provided and Services are performed based on information provided by Customer or others and Leadfoot is relying on the accuracy and completeness of such information in providing the Equipment and performing such Services. Customer recognizes that it is impossible for Leadfoot to assure the accuracy, completeness and sufficiency of information provided by others, either because it is impossible to verify, or because of errors or omissions that may have occurred in assembling such information. Customer is responsible for providing a secure and safe work environment for all parties, including Leadfoot and its employees, and for ensuring that the Services are carried out in compliance with applicable laws.  

Use of equipment:

Customer is familiar with the proper operation and use of each item of Equipment Customer has selected the Equipment based on its requirements and will not use or allow anyone to use the Equipment for an illegal purpose or in an illegal manner; without a license, if required under applicable law; or who is not qualified to operate it. Further, Customer shall use the Equipment only (i) in the ordinary course and for the purpose of the Equipment, (ii) in accordance with instructions provided to Customer by Leadfoot in the Rental and Services Agreement, and (iii) in accordance with Applicable Law. Customer shall not insert, or permit to be inserted, any dyed fuel into the propulsion tank of Trailers or other diesel driven equipment, registered and licensed, or required to be registered and licensed, for use on any highway or other public road to the extent that dyed fuel is prohibited for use in the jurisdiction.   Customer agrees to: (i) check filters, oil, fluid levels and tire air pressure; (ii) clean and visually inspect the Equipment daily; and immediately cease using the Equipment and immediately notify Leadfoot if Equipment needs repair or maintenance. Customer acknowledges that Leadfoot has no responsibility to inspect the Equipment while it is in Customer’s possession. Leadfoot shall have the right to replace the Equipment with other reasonably similar equipment at any time and for any reason.  

Malfunctioning equipment:

Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and immediately notify Leadfoot. If such condition is the result of normal operation, Leadfoot will repair or replace the Equipment with reasonably-similar Equipment in working order, if such replacement Equipment is available. Leadfoot has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse, neglect or any other use of the Equipment in breach of this Agreement by Customer. Customer’s sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure.  

Accidents, Theft and Vandalism:

Customer must promptly and properly report any accident, theft or vandalism involving the Trailer to Leadfoot and to the police in the jurisdiction in which such incident takes place. Customer should obtain details of witnesses and other Trailers involved and their drivers, owners and relevant insurances wherever possible. If Customer receives any papers relating to such an incident, those papers must be promptly given to Leadfoot. Customers must cooperate fully with Leadfoot’s investigation of such incident and defense of any resulting claim. FAILURE TO COOPERATE FULLY MAY VOID ANY AND ALL LIABILITY PROTECTION PURCHASED FROM, OR PROVIDED BY, LEADFOOT. Customers authorize Leadfoot to obtain any records or information relating to any incident, consent to the jurisdiction of the courts of the jurisdiction in which the incident occurs and waive any right to object to such jurisdiction.

Recovery Costs:

Customer is responsible for recovery expenses, consisting of costs of any and all kinds (and including attorneys’ fees and court costs) incurred by Leadfoot in recovering the Trailer (i) under this Rental and Service Agreement; or (ii) if it is seized by governmental authorities as a result of the use of the Trailer by Customer or any other operator with Customer.

Lost Keys/Key Fobs/Lockouts:

If Customer loses the keys and/or key fobs to the Trailer, Leadfoot may charge Customer for the cost of replacing such keys and/or key fob and for the cost of delivering replacement keys and/or key fobs and/or towing the Trailer to the nearest Store Location to open such Trailer. If Customer locks the keys and/or key fobs in the Trailer and requests assistance from Leadfoot, Leadfoot may charge Customer for the cost of delivering replacement keys and/or key fobs and/or towing the Trailer to the nearest Store Location to open such Trailer.      

Parking and Traffic Violations:

CUSTOMER WILL BE RESPONSIBLE FOR, AND WILL PAY WITHOUT DELAY, ALL PARKING AND TRAFFIC VIOLATIONS, AS WELL AS OTHER EXPENSES AND PENALTIES, ALL TOWING, STORAGE AND IMPOUND FEES AND ALL TICKETS INCURRED WHILE THE TRAILER IS ON RENT TO CUSTOMER. IF CUSTOMER IS ISSUED AN AUTOMATED TRAFFIC VIOLATION, CUSTOMER AGREES TO PAY A “TRAFFIC VIOLATION SERVICE CHARGE” COMPRISED OF THE AMOUNT OF SUCH VIOLATION PLUS A FLAT FEE OF $25 WHICH IS THE AMOUNT OF LEADFOOT’S OUT-OF-POCKET ADMINISTRATIVE COSTS FOR ITS TRAFFIC VIOLATION MANAGEMENT SERVICE. THIS CHARGE WILL BE BILLED TO THE CUSTOMER WHEN INFORMATION REGARDING ANY SUCH VIOLATION, AND EXPENSES RELATED THERETO, IS RECEIVED BY LEADFOOT, AND MAY BE CHARGED AT A LATER DATE.  

 Tolls, Violations and Fees:

CUSTOMER IS RESPONSIBLE FOR AND WILL PAY ALL TOLLS AND TOLL VIOLATIONS. IF CUSTOMER USES A TOLL-BY-PLATE SYSTEM, OR INCURS A TOLL OR TOLL VIOLATION, CUSTOMER AGREES TO PAY A “TOLLING SERVICE CHARGE” FOR THIS SERVICE. THE TOLLING SERVICE CHARGE IS THE AMOUNT OF THE TOLL PLUS A FLAT FEE OF $15 WHICH IS THE AMOUNT OF LEADFOOT’S OUT-OF-POCKET ADMINISTRATIVE COSTS FOR ITS TOLL MANAGEMENT SERVICE. THE EXACT COST WILL BE CALCULATED AND CHARGED BASED ON ACTUAL USAGE OF A TOLL-BY-PLATE SYSTEM OR THE TOLL OR TOLL VIOLATION INCURRED. THIS CHARGE WILL BE BILLED TO THE CUSTOMER WHEN INFORMATION REGARDING TOLL-BY-PLATE USAGE AND/OR THE TOLL OR TOLL VIOLATION INCURRED, AND EXPENSES RELATED THERETO, IS RECEIVED BY LEADFOOT, AND MAY BE CHARGED TO CUSTOMER AT A LATER DATE. CUSTOMER MAY AVOID THE TOLLING SERVICE CHARGE BY PAYING TOLLS WITH ITS OWN TRANSPONDERS, BY USING ANOTHER TOLL PAYMENT SYSTEM, OR BY AVOIDING TOLL ROADS ALTOGETHER. CUSTOMER IS RESPONSIBLE FOR AND WILL PAY ALL TOLLS AND TOLL VIOLATIONS. IF CUSTOMER USES A TOLL-BY-PLATE SYSTEM, OR INCURS A TOLL OR TOLL VIOLATION, CUSTOMER AGREES TO PAY A “TOLLING SERVICE CHARGE” FOR THIS SERVICE. THE TOLLING SERVICE CHARGE IS THE AMOUNT OF THE TOLL PLUS A FLAT FEE OF £15 WHICH IS THE AMOUNT OF LEADFOOT’S OUT-OF-POCKET ADMINISTRATIVE COSTS FOR ITS TOLL MANAGEMENT SERVICE. THE EXACT COST WILL BE CALCULATED AND CHARGED BASED ON ACTUAL USAGE OF A TOLL-BY-PLATE SYSTEM OR THE TOLL OR TOLL VIOLATION INCURRED. THIS CHARGE WILL BE BILLED TO THE CUSTOMER WHEN INFORMATION REGARDING TOLL- BY- PLATE USAGE AND/OR THE TOLL OR TOLL VIOLATION INCURRED, AND EXPENSES RELATED THERETO, IS RECEIVED BY LEADFOOT, AND MAY BE CHARGED TO CUSTOMER AT A LATER DATE. CUSTOMER MAY AVOID THE TOLLING SERVICE CHARGE BY PAYING TOLLS WITH ITS OWN TRANSPONDERS, BY USING ANOTHER TOLL PAYMENT SYSTEM, OR BY AVOIDING TOLL ROADS ALTOGETHER.

Return of equipment/ Damaged & lost equipment:

At the expiration of the Rental Period or if Leadfoot has agreed to pick up the Equipment, Leadfoot shall endeavor to pick up the Equipment within a commercially reasonable period of time after Customer notifies Leadfoot that the Equipment is called “off rent.” Customer is obligated to restore the Equipment to the same condition as when delivered, reasonable wear and tear (as defined below) excepted. Where Leadfoot is responsible for the delivery of the Equipment from the Store Location to the Customer Leadfoot shall be responsible for all damage to or loss of the Equipment from the time the Equipment leaves the Store Location until it is delivered to the Customer. Where Leadfoot is responsible for the collection of the Equipment from the Customer, Leadfoot shall be responsible for all damage or loss to the Equipment from the time Leadfoot collects the Equipment (including whilst it is in transit by Leadfoot to the Store Location). Where the Customer is responsible for the delivery or collection of the Equipment from or to the Store Location, the Customer shall be responsible for all damage
to or loss of the Equipment, from the time the Equipment leaves the Store Location until it is returned to the Store Location and accepted as returned by Leadfoot, including any damage or loss during transit. In the case of the loss or destruction of any Equipment, or inability or failure to return same to Leadfoot for any reason whatsoever, Customer will pay Leadfoot the then full replacement list value of the Equipment together with the full rental rate as specified until such Equipment is replaced. If the Equipment is returned in a damaged or excessively worn condition, Customer shall pay Leadfoot the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been completed. Leadfoot shall be under no obligation to commence repair work until Customer has paid to Leadfoot the estimated cost therefor.  

Reasonable wear and tear:

Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one -shift basis (as defined below). The following shall not be considered reasonable wear and tear: (i) damage resulting from lack of lubrication, insertion of improper fuel or maintenance of necessary oil, water and air pressure levels; cavitation; or freezing; except where Leadfoot expressly assumes the obligation to service or maintain the Equipment, any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer’s operation and maintenance manual; (iii) damage resulting from any collision, overturning or improper operation, including overloading or exceeding the rated capacity of the Equipment; (iv) damage in the
nature of dents, bending, tearing, staining, corrosion or misalignment to or of the Equipment or any part thereof; (v) wear resulting from use in excess of shifts for which rented; and (vi) any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry.

Title/No purchase option / No Liens:

With the exception of Specialty Media, the Agreement is not a contract of sale, and title to the Equipment shall at all times remain with Leadfoot. Unless covered by a specific supplemental agreement signed by Leadfoot, Customer has no option or right to purchase the Equipment. Customer shall keep the Equipment free and clear of all mechanics and other liens and encumbrances.  

Default:

Customer shall be deemed in default should Customer fail to pay any amount when due hereunder; fail to perform, observe or keep any provision of the Agreement; become “Insolvent” (as defined herein), or should Leadfoot anticipate that Customer may become Insolvent; or otherwise be in default. If Customer is in default, Leadfoot may do any one or more of the following: (i) terminate the Rental Period; (ii) declare the entire amounts due hereunder immediately due and payable
and commence legal action therefor; (iii) cause Leadfoot’s employees or agents, with notice but without legal process, to enter upon Customer’s property and take all action necessary to retake and repossess the Equipment, and Customer hereby consents to such entry, re-taking and repossession and hereby waives all claims
for damages and losses, physical and pecuniary, caused thereby and shall pay all costs and expenses incurred by Leadfoot in retaking and repossessing the Equipment; or (iv) pursue any other remedies available by law. Customer shall be considered “Insolvent” if Customer shall generally not pay, or be unable to pay, or admit its inability or anticipated inability to pay its debts as such debts become due; make an assignment for the benefit of creditors, or petition or apply to any court or tribunal for the appointment of a custodian, receiver, or trustee for it or a substantial part of its assets; commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or hereafter in effect; have had any such petition or application filed or any such proceeding commenced against it in which an order for relief is entered or an adjudication or appointment is made; or take any action indicating its consent to, approval of or acquiescence in any such petition, application, proceeding or order for relief or the appointment of a custodian, receiver or trustee for all or any substantial part of its properties.

No assignment, lending or subletting:

Customer shall not sublease, sub rent, assign or loan the Equipment without first obtaining the written consent of Leadfoot, and any such action by Customer, without Leadfoot’s written consent, shall be void. Customer agrees to use and keep the Equipment at the job site set forth in the Agreement unless Leadfoot approves
otherwise in writing. Leadfoot may at any time, without notice to Customer, transfer or assign the Agreement or any Equipment or any moneys or other benefits due or to become due hereunder.

Modification of Terms:

The Site may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified agreement.

Governing Law:

This agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Site is located.

Force Majeure:

Neither party shall be liable to the other party for failure to comply with the terms of the Rental and Service Agreement or performance of its obligations hereunder
to the extent such failure has been caused by or is due to Force Majeure, provided that the non- performing party shall give notice to the other party as soon as commercially possible and shall exercise reasonable efforts to resume performance. For the purposes of the Rental and Service Agreement, “Force Majeure” shall mean fire, war, insurrection, act of terrorism, riots, flood, hurricane, typhoon, earthquake, tornado, mudslide, tsunami, and any other natural disaster, pandemic or other causes beyond the reasonable control and not due to the fault of the non-performing party.

Entire Agreement:

This agreement constitutes the entire agreement between you and the Site and supersedes all prior agreements and understandings, whether written or oral, regarding the use of the Site.

LINKS TO EXTERNAL SITES:

This site may contain links to other web sites on the Internet that are owned and operated by third party vendors and other third parties (hereafter referred to as "External Sites"). You acknowledge that Leadfoot Rentals is  not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

By accessing or using Leadfoot Rentals Website, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this agreement.