1. Definitions

1.1 Agreement

“Agreement” means this Master Equipment Rental Agreement, the rental order or reservation, inspection records, delivery or pickup documents, damage-waiver election, payment authorization, and any written addenda incorporated into a rental.

1.2 Company

“C&G Rentals,” “Company,” “we,” and “us” mean BCD Equipment LLC d/b/a C&G Rentals.

1.3 Renter

“Renter,” “Customer,” and “you” mean the individual or entity identified on the rental order and, where applicable, the person signing on its behalf.

1.4 Equipment

“Equipment” includes all machinery, trailers, attachments, accessories, keys, locks, chains, tie-downs, manuals, and other items supplied with a rental.

1.5 Rental Period

The Rental Period begins when Equipment is released to the Renter or delivered to the agreed location and continues until the Equipment is physically returned to and accepted by C&G Rentals, subject to the return-inspection provisions of this Agreement.

2. Eligibility, Accounts & Verification

2.1 Account Required

Customers must create an account before renting. C&G Rentals may require identity, business, payment-card, and insurance verification before releasing Equipment.

2.2 Minimum Age and Identification

The Renter and each authorized operator must be at least 21 years old. A valid government-issued driver’s license is required. C&G Rentals does not itself require a special operator license unless required by law or stated for a particular item.

2.3 Authorized Operators

Multiple authorized operators are permitted. The Renter remains responsible for the acts and omissions of every person who possesses, transports, or operates the Equipment.

2.4 No Charge Accounts at Launch

Unless C&G Rentals approves written credit terms in the future, all rentals are subject to the standard payment schedule and no open commercial charge account is created.

2.5 Right to Refuse

C&G Rentals may refuse or discontinue service for legitimate business, legal, fraud-prevention, credit, availability, or safety reasons, including unpaid balances, inadequate identification, suspected fraud, impairment, unsafe intended use, or unsuitable towing equipment.

3. Reservations, Cancellations & Availability

3.1 Reservation

A reservation is not confirmed until accepted by C&G Rentals, the required booking payment is received, and required documents are completed.

3.2 Booking Payment

Ten percent (10%) of the rental price is due at booking and is applied toward the total rental price. The remaining balance is due before pickup or release of Equipment.

3.3 Cancellation

A cancellation made at least 24 hours before the scheduled rental start receives a full refund. A cancellation made less than 24 hours before the scheduled start forfeits the 10% booking payment, but no additional cancellation amount is charged.

3.4 No-Show

A customer who fails to appear for a confirmed rental without timely cancellation may be charged 50% of the total rental amount.

3.5 Availability

If Equipment becomes unavailable because of damage, mechanical failure, late return, weather, or another circumstance beyond C&G Rentals’ reasonable control, C&G Rentals may substitute reasonably comparable Equipment when practical or cancel the reservation and refund applicable prepaid rental charges. C&G Rentals is not responsible for resulting project delay, lost profits, or similar losses to the extent permitted by law.

4. Rental Period, Extensions & Late Returns

4.1 Rental Options

Rentals are offered on daily, weekly, and monthly terms. The minimum rental period is one day. There is no stated maximum rental period while the account remains in good standing and the rental is approved.

4.2 Unlimited Meter Hours

There is no contractual engine-hour allowance or excess-hour charge. This does not authorize abusive, unsafe, or improper operation.

4.3 Extensions

The Renter may request an extension at least 24 hours before the scheduled return. An extension is effective only if approved by C&G Rentals and the Equipment remains available. If the Equipment is committed to another customer, it must be returned as originally scheduled.

4.4 Late Return Charge

Equipment not returned by the agreed date and time without written approval is subject to an additional rental charge equal to 200% of the applicable daily rental rate for each additional rental day or portion assessed under the rental order, to the extent permitted by law.

4.5 Default for Retention

Equipment retained more than 24 hours beyond the required return time without approval may be treated as wrongfully retained and a default under this Agreement.

5. Pickup, Delivery & Transportation

5.1 Hours

Office, pickup, and return hours are Monday through Saturday, 7:00 a.m. to 5:00 p.m., local time at the C&G Rentals office. No after-hours pickup or return is offered. No pickup or return is accepted on Company-recognized holidays unless C&G Rentals gives written approval.

5.2 Delivery Area

Company delivery is offered only within 10 miles of the C&G Rentals office. Requests beyond that service area are declined; customers outside the area must arrange approved pickup and return.

5.3 Customer Pickup

A customer choosing pickup must use a tow vehicle, hitch, trailer, tires, brakes, safety chains, and related transportation equipment with lawful and adequate ratings for the load. The customer must provide an adequately rated trailer or rent an appropriate trailer from C&G Rentals.

5.4 Unsafe Loading

C&G Rentals may refuse to release Equipment if transportation equipment appears unsafe, unsuitable, improperly rated, or unlawful.

5.5 Load Securement

For customer pickup, the Renter is responsible for proper load securement and transportation after accepting the Equipment. For Company delivery, C&G Rentals is responsible for securement during its transportation. Tie-down chains or straps supplied by C&G Rentals must be returned; missing or damaged items are charged at replacement cost plus reasonable related labor.

6. Inspection, Acceptance & Documentation

6.1 Pre-Rental Inspection

Each rental will receive a pre-rental inspection, photographs, and customer acknowledgment. The Renter accepts the Equipment in satisfactory condition except for conditions documented before release.

6.2 Return Inspection

C&G Rentals will perform a post-rental inspection and may photograph the Equipment. Damage that could not reasonably be identified immediately may be documented after further cleaning, testing, or diagnosis.

6.3 Photo and Electronic Records

Photographs, electronic records, inspection reports, invoices, and electronic signatures may be used to document the transaction and Equipment condition to the extent permitted by law.

6.4 Right to Inspect

During the Rental Period, C&G Rentals may inspect Equipment upon reasonable notice where appropriate, or without advance notice when reasonably necessary to address an emergency, suspected misuse, loss, or default and where permitted by law.

7. Safe Operation & Prohibited Uses

7.1 Intended Use

Equipment may be used only for its intended purpose, within rated capacities, and in compliance with applicable law, manufacturer instructions, warnings, and safe operating practices.

7.2 Qualified Operators

The Renter must ensure each operator is at least 21, capable of safe operation, properly instructed, and legally qualified for the work. The Renter remains responsible for all authorized operators.

7.3 No Impairment or Illegal Use

No person may operate Equipment while impaired by alcohol, illegal drugs, or medication that makes operation unsafe, or use Equipment for an unlawful, reckless, abusive, or negligent purpose.

7.4 Safety Devices

Guards, ROPS, seat belts, alarms, emergency shutoffs, decals, shields, and other safety devices may not be removed, bypassed, disabled, or tampered with. Seat belts must be worn when provided.

7.5 No Unauthorized Modification or Repair

The Renter may not alter, weld, drill, paint, modify, install accessories on, or repair Equipment without prior written authorization. Emergency action may be taken only when reasonably necessary to address an imminent safety hazard or prevent substantially greater damage, followed by immediate notice to C&G Rentals.

7.6 Public Roads and Passengers

Equipment may not be operated on public roads unless specifically designed and legally permitted for road use. Passengers are prohibited unless the Equipment is designed for passengers and their presence complies with law and manufacturer requirements.

7.7 No Subleasing, Assignment, or Out-of-State Use

The Renter may not sublease, assign, transfer, or permit commercial re-rental of Equipment. Equipment may not leave Utah.

8. Daily Care, Maintenance & Breakdowns

8.1 Daily Checks

Before each day’s use, the Renter must inspect the Equipment and monitor fuel, engine oil, coolant, hydraulic fluid, DEF where applicable, tire or track condition, warning indicators, and required lubrication points.

8.2 Long-Term Rental Care

The Renter is responsible for routine daily care, fueling, DEF where applicable, greasing, fluid-level checks, and cleaning. C&G Rentals remains responsible for scheduled maintenance and mechanical failures not caused by misuse, neglect, contamination, or breach of this Agreement.

8.3 Stop-Use Duty

If an unsafe condition, warning indicator, abnormal temperature, leak, malfunction, or damage is discovered, the Renter must stop operation when continued use could create danger or additional damage and contact C&G Rentals immediately.

8.4 Customer-Caused Service

The Renter is responsible for reasonable service and repair costs caused by misfueling, running out of fuel when service is required, improper DEF or fluids, ignoring warning indicators, continuing to operate after a hydraulic leak or other damaging condition, or similar misuse.

9. Fuel, Cleaning & Consumables

9.1 Fuel

Equipment is provided with a full fuel tank unless the rental order states otherwise and must be returned full. Fuel required to restore the tank to full is charged at $10.00 per gallon.

9.2 Correct Fuel and Fluids

The Renter is responsible for damage caused by gasoline in diesel Equipment, diesel in gasoline Equipment, contaminated fuel, incorrect additives, or incorrect fluids.

9.3 Cleaning

Equipment must be returned free of excessive dirt, mud, concrete, asphalt, paint, debris, waste, or other material beyond normal use. A $50.00 cleaning fee may be charged when additional cleaning is reasonably required. Extraordinary contamination or decontamination costs are separate.

9.4 Consumables

The Renter is responsible for consumable components lost or damaged beyond ordinary wear, including cutting edges, bucket teeth, drill bits, blades, and similar wear items where damage results from misuse or abnormal use.

10. Weather, Site Conditions & Environmental Responsibility

10.1 Weather Protection

The Renter must take reasonable steps to protect Equipment from freezing, flooding, excessive moisture, hail, wildfire, high winds, and other foreseeable environmental hazards and is responsible for resulting damage caused by failure to do so.

10.2 Utilities

Before excavation, boring, trenching, drilling, or similar work, the Renter is solely responsible for legally required utility locating and marking. The Renter is responsible for utility strikes, including underground utilities and overhead power lines, arising from the Renter’s work, subject to applicable law.

10.3 Hazardous Materials

Equipment may not be used to transport, handle, excavate, or contact hazardous, toxic, explosive, radioactive, biohazardous, sewage, or contaminated materials without prior written approval.

10.4 Environmental Costs

The Renter is responsible for cleanup, decontamination, remediation, disposal, and related costs resulting from the Renter’s use, contamination, spill, or incident, to the extent permitted by law.

10.5 Recovery

If Equipment becomes stuck, submerged, overturned, immobilized, or requires recovery due to the Renter’s operation or site conditions, the Renter is responsible for reasonable recovery, towing, extraction, crane, transportation, labor, cleanup, and repair costs.

11. Normal Wear, Damage, Loss & Theft

11.1 Normal Wear

Normal wear is ordinary deterioration from proper operation, such as minor cosmetic scratches, ordinary paint wear, normal bucket wear, and ordinary tire or track wear consistent with proper use.

11.2 Chargeable Damage

The Renter is responsible for damage beyond normal wear caused during the Rental Period, including broken glass, structural damage, bent components, torn seats, abnormal tire or track damage, broken lights, rollover damage, fire or water damage, unauthorized modifications, misuse, overloading, transport damage, and damage caused by continued operation after a warning or malfunction.

11.3 Tires and Tracks

Ordinary wear is not charged as damage. The Renter is responsible for abnormal damage including punctures, cuts, running flat, contact with rebar or sharp demolition debris, curb impacts, or abnormal rubber-track wear caused by improper surfaces or operation.

11.4 Theft and Vandalism

The Renter is responsible for theft, loss, and vandalism while Equipment is in the Renter’s possession or control, subject to the Damage Waiver terms and applicable law. The Renter must promptly notify C&G Rentals and cooperate with any police, insurance, or Company investigation.

11.5 Security

When unattended, Equipment must be reasonably secured. Keys should be removed where applicable; trailers should be secured with available locks; and Equipment should be stored in a reasonably secure location.

11.6 Missing Items

Lost keys, fobs, manuals, locks, remotes, fire extinguishers, chains, tie-downs, accessories, and other supplied items are charged at reasonable replacement cost plus reasonable rekeying, programming, or installation labor.

12. Damage Waiver

12.1 Optional Program

C&G Rentals offers an optional Damage Waiver for $50.00 per rental unless the rental order states a different approved amount. The Damage Waiver is a contractual waiver of certain damage claims and is not insurance.

12.2 Covered Damage

Subject to all exclusions and conditions, the Damage Waiver applies to accidental physical damage to covered Equipment occurring during the Rental Period.

12.3 Exclusions

The Damage Waiver does not cover damage or loss arising from misuse, abuse, negligence, intentional acts, theft, vandalism, missing parts, rollover, overloading, impairment, unauthorized operation, unauthorized repair or modification, transport damage, utility strikes, contamination, failure to perform required daily care, use contrary to law or manufacturer instructions, or other material breach of this Agreement.

12.4 Declining Waiver

If the Damage Waiver is declined or does not apply, the Renter remains responsible for covered losses and damage under this Agreement. The rental order should document the Renter’s acceptance or declination.

13. Insurance

13.1 Commercial Renters

C&G Rentals may require business renters to maintain Commercial General Liability insurance with limits of at least $1,000,000 per occurrence and $2,000,000 aggregate, together with any automobile, inland marine, property, workers’ compensation, or other coverage reasonably appropriate to the rental or required by law.

13.2 Individuals

For individual or homeowner rentals, C&G Rentals may require proof of appropriate insurance, purchase of the Damage Waiver, or written acceptance of responsibility for loss and damage, as stated on the rental order.

13.3 Proof of Coverage

C&G Rentals may require certificates or other reasonable proof of insurance before releasing Equipment. Insurance requirements do not reduce the Renter’s contractual responsibilities except to the extent an insurer actually satisfies an obligation.

14. Repair Costs, Loss of Use & Replacement

14.1 Repair Costs

When the Renter is responsible for damage, the Renter is responsible for reasonable transportation to a repair facility, diagnosis, labor, and OEM or reasonably equivalent parts selected by C&G Rentals.

14.2 Replacement Equipment

C&G Rentals bears the cost of any replacement rental equipment it voluntarily provides to the Renter unless otherwise agreed. Providing replacement Equipment does not waive a claim for customer-caused damage.

14.3 Loss of Use

To the extent permitted by law, the Renter is responsible for reasonable loss of use attributable to customer-responsible damage while the Equipment is unavailable for repair or replacement.

14.4 Diminished Value

To the extent permitted by law, the Renter is responsible for reasonably established diminished value resulting from customer-responsible damage even after repairs.

14.5 Total Loss or Unrecovered Equipment

If Equipment is a total loss or is not recovered, damages may be measured by the reasonable cost to obtain comparable replacement Equipment of like kind, quality, age, and condition, including applicable taxes, freight, delivery, setup, and reasonable acquisition costs, less any amounts required by applicable law.

15. Accidents, Injuries & Claims

15.1 Immediate Reporting

The Renter must immediately report accidents, collisions, rollovers, fires, theft, attempted theft, vandalism, utility strikes, injuries, property damage, and material malfunctions to C&G Rentals.

15.2 Cooperation

The Renter must reasonably cooperate with C&G Rentals, insurers, law enforcement, attorneys, and investigators concerning an incident or claim.

15.3 Third-Party Claims

Subject to applicable law, the Renter is responsible for claims, property damage, environmental harm, and injuries arising from the Renter’s possession, transportation, or use of Equipment, except to the extent caused by C&G Rentals’ own negligence, willful misconduct, or other responsibility that cannot lawfully be shifted.

16. Indemnification & Limitation of Liability

16.1 Indemnification

To the fullest extent permitted by law, the Renter agrees to defend, indemnify, and hold harmless BCD Equipment LLC d/b/a C&G Rentals and its owners, employees, and agents from third-party claims, losses, liabilities, damages, and reasonable costs arising from the Renter’s possession, transport, operation, misuse, or breach of this Agreement, except to the extent caused by an indemnified party’s own negligence, willful misconduct, or other non-waivable liability.

16.2 Company Liability

To the fullest extent permitted by law, C&G Rentals is not liable for lost profits, lost business, project delays, emotional distress, incidental damages, consequential damages, or indirect losses arising from Equipment unavailability or failure. Nothing in this Agreement excludes liability that applicable law does not permit C&G Rentals to disclaim.

16.3 Suitability

The Renter is responsible for selecting Equipment suitable for the Renter’s project, site, load, and intended use and acknowledges an opportunity to ask questions and request operating information.

17. Default, Recovery & Collections

17.1 Default

Default includes failure to pay, failure to timely return Equipment, unauthorized removal from Utah, subleasing, material safety violations, material misrepresentation, unauthorized disposition, or other material breach.

17.2 Recovery

After default, C&G Rentals may demand immediate return and, where permitted by law, recover its Equipment without breach of the peace. The Renter is responsible for reasonable recovery, transportation, towing, storage, and related costs resulting from default.

17.3 No Abandonment

The Renter may not abandon Equipment at a jobsite or other location without written authorization and remains responsible until lawful return or recovery.

17.4 Amounts Due

Past-due balances accrue interest at 1.5% per month (18% annually) or the maximum lawful rate, whichever is lower.

17.5 Fees and Costs

To the extent permitted by law, the Renter is responsible for reasonable collection costs, court costs, and attorney’s fees incurred to collect amounts due or enforce this Agreement.

17.6 Payment Authorization

Subject to applicable payment-card rules and law, the Renter authorizes C&G Rentals to charge the payment method on file for amounts properly due under the Agreement, including approved extensions, late charges, fuel, cleaning, missing items, customer-responsible damage, recovery, taxes, and fees. C&G Rentals will provide reasonable itemization of additional charges.

17.7 Chargebacks

A payment dispute or chargeback does not eliminate amounts legitimately owed. C&G Rentals may suspend future rentals and pursue lawful collection remedies for improperly reversed charges.

18. Business Rentals & Personal Guarantee

18.1 Business Authority

A person signing for a business represents that the person has authority to bind the business.

18.2 Personal Guarantee

Where required on the rental order, credit application, or separate guarantee, the individual guarantor personally guarantees the business renter’s payment and performance obligations according to the written guarantee. A personal guarantee is not created merely by signing as an authorized business representative unless the guarantee is separately and clearly accepted.

19. Communications, Privacy & Records

19.1 Communications

C&G Rentals may contact the Renter by email, text message, telephone, or mail regarding reservations, appointments, rentals, invoices, safety, damage, default, and collection matters, subject to applicable communications laws and any required consent.

19.2 Privacy

C&G Rentals does not sell customer information. Information may be shared as reasonably necessary with payment processors, website or reservation providers, insurers, service providers, attorneys, collection agencies, law enforcement, courts, or government authorities, including when required by law or reasonably necessary to protect legal rights, safety, or property.

19.3 Electronic Delivery

To the extent permitted by law and subject to any required consent, electronic agreements, invoices, notices, and records may be treated as valid and delivered when sent to the contact information supplied by the Renter.

20. General Legal Terms

20.1 Governing Law and Venue

This Agreement is governed by Utah law, without regard to conflict-of-law principles. Subject to any mandatory jurisdiction or venue rule, legal proceedings relating to this Agreement shall be brought in a court of competent jurisdiction in Tooele County, Utah.

20.2 Entire Agreement

The signed rental documents and incorporated written terms constitute the entire agreement for the rental and supersede prior discussions concerning that rental.

20.3 Written Changes

No oral statement modifies this Agreement. Amendments, extensions, or waivers must be documented in writing or electronically by an authorized C&G Rentals representative.

20.4 Future Revisions

C&G Rentals may revise its standard terms for future rentals. A revision does not retroactively change a completed or existing rental unless the parties lawfully agree in writing.

20.5 Severability

If a provision is held invalid or unenforceable, it shall be enforced to the maximum extent permitted and the remaining provisions remain effective.

20.6 No Waiver

Failure to enforce a provision on one occasion does not waive future enforcement.

20.7 Force Majeure and Weather

C&G Rentals is not in breach for reasonable delay or failure caused by severe weather, natural disaster, governmental action, labor disruption, supply interruption, or another event beyond its reasonable control.

20.8 Taxes and Fees

The Renter is responsible for applicable sales taxes, governmental charges, and properly disclosed environmental, disposal, or similar fees.

20.9 Personal Property

C&G Rentals is not responsible for personal property left in or on Equipment except to the extent required by law. Found property may be held and disposed of in accordance with applicable law and Company policy.

20.10 Survival

Payment, damage, indemnity, collection, dispute, and other provisions that by their nature should survive continue after return or termination.

21. Customer Acknowledgments

21.1 Operating Information

The Renter acknowledges receipt of, access to, or an opportunity to review applicable operating instructions or the operator’s manual and an opportunity to ask questions.

21.2 Capability and Selection

The Renter acknowledges responsibility for selecting suitable Equipment and for ensuring operators understand safe operation.

21.3 Agreement Review

The Renter acknowledges having read or had an opportunity to read this Agreement before signing and agrees to comply with its terms.

21.4 Copy

The Renter will receive or have electronic access to a copy of the signed rental agreement.