1. Entire Agreement:
This document constitutes the entire agreement between the Customer and LADMA GENERAL SERVICES, LLC (“LADMA”) and supersedes all prior or contemporaneous agreements, representations, or understandings, whether written or oral. No modifications or amendments to this Agreement shall be binding unless executed in writing by both parties.
2. Authorized Representative and Acknowledgment of Work or Equipment:
By signing this document, the individual acknowledges that they are an authorized representative of the Customer and that they accept the terms herein. Acceptance of this document confirms acknowledgment of any work performed, hours worked, equipment rented, equipment returned, materials purchased, or any conditions specified in writing.
If an authorized representative is unavailable upon completion of the services or the return of the equipment, LADMA will note the absence of such a representative and provide a copy of this document to the Customer via email. The Customer remains fully liable for all payments, rentals, leases, and services as described herein.
3. Terms of Payment:
Payment is due within thirty (30) calendar days of the invoice date, unless otherwise specified in writing. A late payment fee of 1.5% per month (18% annually), or the maximum allowed by Maryland law, may be applied to unpaid balances beyond the 30-day period.
In the event of non-payment, the Customer agrees to reimburse LADMA for all reasonable costs of collection, including attorney’s fees and court costs.
4. Governing Law and Jurisdiction:
This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws principles. The parties agree that any legal actions, claims, or disputes arising out of or relating to this Agreement shall be brought exclusively in the state courts of Montgomery County, Maryland.
5. Disputes:
Disputes regarding any invoice or charges must be submitted to LADMA in writing within ten (10) calendar days of the invoice date. Failure to dispute charges within this timeframe shall constitute a waiver of any claims. Submission of disputes does not relieve the Customer of their obligation to pay undisputed amounts in a timely manner.
6. Use and Care of Equipment:
The Customer agrees to utilize any rented equipment in compliance with all applicable federal, state, and local laws, including but not limited to the Manual on Uniform Traffic Control Devices (MUTCD) and manufacturer guidelines.
The Customer shall ensure that only qualified, trained, and licensed personnel (if required by law) operate the equipment. The equipment must not be used negligently, recklessly, or unlawfully, and must be returned in the condition in which it was received, except for reasonable wear and tear.
7. Rental Charges and Damage to Equipment:
The Customer agrees to pay rental charges for the entire rental period as set forth in the applicable rental agreement or invoice. Rental charges will accrue until the equipment is returned to LADMA in acceptable condition.
The Customer is responsible for all costs associated with damage, loss, or theft of equipment while in their possession. In the event of irreparable damage or loss, the Customer agrees to pay the manufacturer’s suggested retail price (MSRP) for replacement.
8. Insurance:
Unless otherwise agreed in writing, the Customer shall obtain and maintain insurance coverage for all rented equipment, including liability coverage of at least $1,000,000, naming LADMA as an additional insured. The Customer must provide LADMA with proof of insurance upon request.
LADMA shall not be responsible for damages arising from the Customer’s use of the equipment, and the Customer agrees to indemnify and hold LADMA harmless from all claims arising from such use.
9. Indemnification:
The Customer agrees to indemnify, defend, and hold harmless LADMA, its employees, agents, and affiliates from and against all claims, damages, liabilities, and expenses, including attorney’s fees, arising out of the Customer’s use of equipment or services provided by LADMA. This indemnification does not apply to claims arising solely from LADMA’s gross negligence or willful misconduct.
10. Rental Protection Program (RPP):
LADMA offers an optional Rental Protection Program (RPP) for 15% of the total rental charges. If enrolled in RPP, LADMA will cover 100% of repair or replacement costs up to $500 and 90% of costs exceeding $500 for damaged equipment. The Customer is responsible for the remaining 10%.
The Customer may opt out of RPP, in which case they assume full liability for loss or damage. RPP does not cover lost, stolen, or misused equipment. Registered vehicles are excluded from the RPP.
11. Limitation of Liability:
All equipment and services are provided “AS IS,” without warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. LADMA shall not be liable for any indirect, incidental, or consequential damages, including lost profits or revenue.
12. Security Interest:
LADMA retains a security interest in all rented equipment until all payments due under this Agreement are received. LADMA reserves the right to repossess equipment in the event of non-payment, in accordance with applicable laws, and may file a Uniform Commercial Code (UCC) lien to secure its interest.
13. Notice of UCC Filing:
By entering into this Agreement, the Customer acknowledges and consents to LADMA’s right to file UCC financing statements as necessary to secure its interest in rented or leased equipment.
14. Force Majeure:
LADMA shall not be liable for any failure to perform its obligations due to circumstances beyond its control, including but not limited to acts of God, natural disasters, labor disputes, or governmental actions.
15. Severability:
If any provision of this Agreement is found to be invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
This document constitutes a legally binding agreement between the Customer and LADMA General Services, LLC. By signing below, the Customer acknowledges and agrees to all terms and conditions contained herein.