** SUBMIT BUTTON BELOW**
At the time of pickup of the trailer, I will inspect the trailer, tires, wheels, lug nuts, lights, wiring, safety chains, brakes, and hitch and confirm they are in satisfactory condition before departing with the trailer. If I identify a safety concern prior to departure, I will notify the rental company immediately and will not leave with the trailer until the issue is addressed or I decline the rental.
Once I depart with the trailer, I acknowledge that I have accepted the trailer in satisfactory condition and assume responsibility for its operation, loading, towing, and use. This Agreement becomes effective when I take possession of and depart with the Trailer.
I understand that the maximum towing speed for the trailer is 65 mph, regardless of posted speed limits, and I will be liable for any damage resulting from exceeding this limit.
I acknowledge that trailer tires will be inspected at pickup and that tire condition, visible tread depth, and sidewall condition must be acceptable prior to departure. I understand that trailer tires are subject to road hazards, debris, improper loading, heat, and speed conditions outside the rental company’s control. After departure, I assume responsibility for tire damage resulting from road hazards, impacts, overloading, underinflation, overheating, excessive speed, or improper use. I agree to stop and inspect the tires within the first 25 miles of travel and periodically thereafter.
I acknowledge that I am fully responsible for all damages to the trailer, including theft, once I depart with the trailer.
By signing, I confirm that I have read the Terms and Conditions and authorize the rental company to charge my card for all amounts due, including additional time, damages, missing items, rental fees, and any traffic, toll, or parking violations.
Items included dependent on trailer. May or may not include: Camera system, Tire pressure gauge, Spare tire, Set of keys & Keychain, Spare tire tool kit, Hitch pin lock, Ramps (2), Axle Straps (1), Stabilizing Jacks (2), Vehicle Ratchet Straps (4), Winch & Wireless Remote, Winch Cable/rope, Adjustable Height Hitch, Heavy Duty Straps, Standard Ratchet straps (4), dolly, RaceRamps. Any lost or damaged items will be charged at fair market value including any required shipping costs or labor time.
COMMERCIAL TRAILER RENTAL AGREEMENT TERMS AND CONDITIONS
1. Definitions. "Agreement" includes all terms, conditions, and documents provided at rental. "You" or "your" refers to the renter, additional renters, authorized drivers, and any party billed for charges. All are jointly responsible under this Agreement. "We," "our," or "us" refers to the rental company. "Authorized Driver" means you and any additional driver listed on this Agreement. Authorized Driver must be at least 25 years old and possess a valid driver’s license. "Trailer" refers to the rented non-motorized trailer or any substitute provided. "Loss of Use" is the rental fee multiplied by the days the Trailer is unavailable due to damage or loss. "Diminished Value" is the reduction in the Trailer's market value after damage, or if not repaired, the difference between its pre-damage value and salvage/sale price.
2. Rental, Indemnity and Warranties. This is a contract for the rental of the Trailer. We may repossess the Trailer at your expense without notice if the Trailer is abandoned or used in violation of law or this Agreement. Indemnity: You agree to indemnify, defend, and hold us harmless from any and all claims, liabilities, damages, costs, expenses, and attorney fees arising from or related to your rental, possession, operation, loading, unloading, or use of the Trailer, including but not limited to: Bodily injury or property damage caused to any person or entity, including yourself and third parties. Claims arising from improper loading, securing, or towing of the Trailer. Any fines, penalties, tolls, or legal violations incurred while the Trailer is in your possession. This indemnity applies regardless of fault, except in cases of our sole negligence or willful misconduct. We are responsible for maintaining the Trailer in reasonably safe operating condition prior to rental. Nothing in this Agreement is intended to waive liability for negligent maintenance, known defects, or unsafe equipment existing before the Trailer leaves our possession. Once you take possession of the Trailer, you assume full responsibility for its operation, loading, towing, and use. We make no warranties, express or implied, regarding the Trailer’s condition, merchantability, or fitness for a particular purpose. You accept the Trailer as-is and are responsible for inspecting it before departure.
3. Condition and Return of Trailer. You must return the Trailer to the place and on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the Trailer is returned after closing hours, you remain responsible for the safety of, and any damage to the Trailer until we inspect it upon our next opening for business. Service to the Trailer or replacement of parts or accessories during the rental must have our prior approval.
4. Responsibility for Damage or Loss; Reporting to Police. You are responsible for damage to, or loss or theft of, the Trailer, including damage caused by weather, road conditions, improper loading, acts of nature, or misuse, whether or not you are at fault. You are responsible for the cost of repair or the actual retail cash value of the Trailer if it is not repairable or if we elect not to repair it. You are also responsible for Loss of Use, Diminished Value, missing equipment, and a reasonable charge to cover our administrative expenses connected with any damage claim. Administrative fee schedule: $0–$250 damage = $50; $251–$500 = $75; $501–$750 = $100; $751–$1500 = $150; $1501–$2500 = $200; over $2500 = $250. You must report all accidents involving the Trailer to us and the police within 24 hours of occurrence. Loss of Use will be calculated using the Trailer’s standard daily rental rate multiplied by the number of days the Trailer is unavailable due to repair or replacement, and you agree this represents a reasonable estimate of Loss of Use and not a penalty.
5. Prohibited Uses. The following uses of Trailer are prohibited: (a) transporting dangerous or hazardous items or illegal materiel; (b) transporting living persons; (c) towing the Trailer by anyone under the influence of drugs or alcohol; (d) allowing the Trailer to be towed by anyone who is not a renter or an Authorized Driver; (e) any use of the Trailer by anyone who obtained the Trailer or extended the rental period by giving us false, fraudulent or misleading information; (f) use of the Trailer in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic citation; (g) use of the Trailer outside the United States or Canada; (h) use of the Trailer when loaded beyond its capacity, as determined by the manufacturer of the Trailer; (i) towing the Trailer through or under any structure without sufficient overhead or side clearance; (j) use of the Trailer when it is reasonable to expect you to know that further operation would damage the Trailer; (k) using the Trailer in a manner that causes damage to it due to inadequately secured cargo; (l) damaging the Trailer by your intentional, wanton, willful or reckless conduct; (m) damaging the Trailer by placing signs, lettering or painting on the Trailer; and (n) towing the Trailer with a towing vehicle that is not rated to tow the Trailer and its intended load.
6. Horse and Livestock Transport. When transporting animals in a stock or horse trailer, you acknowledge that transporting animals involves inherent risks including injury, illness, escape, stress, or death of the animal. We are not responsible for injury, illness, death, escape, or loss of any animal transported in the Trailer. You are solely responsible for securing animals, proper loading, gate and partition use, weight distribution, and safe transport practices. The Trailer is provided for animal transport without warranty of suitability for any specific animal.
7. Towing Capacity & Load Responsibility. The renter is solely responsible for ensuring their towing vehicle has the appropriate towing capacity for the selected Trailer and for knowing the total weight of their cargo before departure. The empty weight and load capacity of each Trailer are provided to assist renters in making an informed decision. We do not verify towing vehicle capacity, hitch ratings, brake controller setup, cargo weight, or load distribution, and we are not responsible for any damage, accidents, mechanical failures, or penalties resulting from an overloaded or improperly towed Trailer. By renting and departing with the Trailer, you acknowledge that you have verified your vehicle’s towing capacity and accept full responsibility for safe and legal transport.
8. Our Insurance. We provide primary collision and comprehensive insurance on the Trailer with a per-occurrence deductible. Our insurance has a per-occurrence deductible of $500. You are responsible for damage to the Trailer up to the deductible amount. The coverage does not extend to the contents of the Trailer. WE DO NOT PROVIDE LIABILITY INSURANCE. You must provide liability insurance coverage on the Trailer through the motor vehicle insurance policy covering the towing vehicle.
9. Your Insurance. You represent and warrant that you maintain liability insurance through the towing vehicle’s policy that applies while towing the Trailer during the rental period. If you do not maintain such coverage, you are in breach of this Agreement and remain fully responsible for any claims, losses, or damages.
10. Personal Property. You release us and our employees from all claims for loss of or damage to your personal property or any other property left in, on, or transported by the Trailer, whether caused by theft, weather, road conditions, or any other cause, including negligence to the extent permitted by law. We do not insure cargo or personal property.
11. Charges. You agree to pay us on demand for all charges due under this Agreement, including but not limited to: (a) Rental fees based on time and mileage (if applicable) for the period you keep the Trailer; (b) Applicable taxes; (c) All traffic, toll, or parking violations, fines, penalties, citations, forfeitures, court costs, towing, storage charges, and related expenses assessed against us or the Trailer; (d) All costs we incur to locate, recover, tow, store, impound, or repossess the Trailer if you fail to return it as agreed; (e) All costs, including pre- and post-judgment attorney fees, incurred to collect payment or enforce our rights under this Agreement; (f) A 5% late payment fee on all overdue amounts; (g) A $100 fee (or the maximum amount permitted by law, whichever is greater) for any returned or dishonored check; (h) A cleaning fee of up to $100 if the Trailer is returned in a condition substantially dirtier than when rented. All payments are final. No refunds will be issued for early returns, unused rental time, or any other reason. (i) All charges are subject to our final audit. If errors or additional charges are discovered after the close of this transaction, you authorize us to correct and process those charges through the payment card issuer.
12. Deposit. We may use your deposit to pay any monies owed to us under this Agreement, including our estimate of damages to the Trailer and included equipment, including labor at $75.00 per hour. Additionally, any lost revenue due to damaged or nonreturned equipment will be charged. We are not responsible for providing repairs, repair facilities, or covering any costs related to mechanical issues during your rental period.
13. Governing Law and Venue. This Agreement shall be governed by and interpreted under the laws of the State of New Mexico. Any legal action arising from this Agreement shall be brought exclusively in Bernalillo County, New Mexico.
14. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are merged into this Agreement.
15. Waiver. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal, or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You release us from any liability for consequential, special, or punitive damages in connection with this rental or the reservation of a trailer. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.