You (the "Customer") & Tank Taxi (the "Dealer"), agree to lease/rent or sell/purchase this equipment, products or services subject to the following conditions:
agreement consists of the printed and written terms of this page and
its reverse side. "Customer" means the person signing
agreement and anyone else for whom the customer is signing in a
representative capacity; both are jointly and severally responsible
for the charges. Officers and directors of a corporate Customer who
sign this agreement or any invoice guarantee personally the payment
of any sums due Dealer hereunder.
All charges are subject to audit. If an error is found in an earlier calculation, additional billing or a refund will be made.
Equipment is returnable to the site where rented before close of business on the Termination Date. Time is of the essence. Customer assumes all risk or loss of equipment returned after hours, until start of Dealer's next business day. Dealer will repossess equipment anytime without demand at Customer's expense upon Customer's failure to pay charges herein, failure to return equipment on Termination Date, or other breach of this agreement. Customer waives prior notice, pre-seizure hearing and judicial process for repossession. Repossession will not prejudice any other remedies or claims that the Dealer may pursue. Dealer and its agents are not liable for any claims for damage or trespass or conversion arising out of repossession of equipment. For the purpose of satisfying Customer's obligations, Customer grants Dealer a security interest in all property found within any repossessed or returned equipment.
Customer has personally inspected the equipment, has found it free from apparent defect, and understands how to use it safely. Equipment shall be in same condition as received. Until acknowledged return of equipment to Dealer, Customer assumes cost of all damage (including, but not limited to, tire repair, overhead damage, traffic fines , tolls, licenses and fuel), whether repaired by Dealer or, at Dealer's option, by others. A charge equal to the replacement cost will be added to rental for unreturned or irreparably damaged equipment.
DIESEL / PROPANE / Co2 / ARGON / OXYGEN / NITROGEN / PROPANE EQUIPMENT OR
APPLIANCES / PROPANE FUEL SYSTEMS
Customer hereby agrees to indemnify & save harmless Dealer from any & all claims, demands, suits or liability, whether for personal injury, death, property damage, loss of profits or any other damage or any injury arising out of or in any way connected with the use or storage of LPGas / Co2 / Argon / Oxygen / Diesel products / Nitrogen, or the installation, maintenance, or use of equipment or appliances or in connection therewith.
6. LIABILITY OF DEALER
Dealer's liability shall be governed by Maryland law. DEALER SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. Customer is not Dealer's agent, and Dealer is not responsible for any damage to goods left, stored, loaded or transported in its vehicles. Dealer is not responsible for damage to vehicles caused by loading and or unloading of equipment. Customer is responsible for properly securing equipment. Dealer is not responsible for fuel spills or any environmental accidents resulting from the storage or transport of any fuels.
7. JUDGEMENTS AND COLLECTION COSTS
If the invoice for this agreement is not fully paid within 28 days after its date. Customer shall pay Dealer's costs & legal fees incurred in collecting charges due from Customer or in repossessing equipment whether or not suit is filed. Venue for any legal action shall be in Frederick, Maryland.
These provisions are severable. Should one provision be unenforceable, the remainder shall remain in force.
This is the parties entire agreement. No item may be waived or modified except by a writing signed by an officer of Dealer. No oral understandings exist apart from these written terms.
10. EQUIPMENT OWNERSHIP
All equipment including fuel tanks including propane tanks / bottles will remain the property of Tank Taxi unless noted as sold or exchanged & all rentals will continue to be property of Tank Taxi & only to be serviced by Tank Taxi.
termination fee. Investments will be indicated!
11. SALES POLICY
All sales final.