Rental Contract

Rental Term & Charges

IMPORTANT - RENTER RESPONSIBILITY

• Return Terms & APPLICABLE FEES

• Fuel: Equipment must be returned with a full tank or refueling will be charged at a flat rate of $80.00.
• Cleaning: Equipment must be returned clean and free of debris or a cleaning fee of $100 or more will apply. • Equipment must be returned by the agreed time during business hours unless otherwise approved in writing. • After-hours returns without approval may incur additional charges. • Past-due balances accrue interest at eighteen percent (18%) per annum, or the maximum rate permitted by law, whichever is less.

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• Mandatory Limited Damage Waiver (LDW)

• The Limited Damage Waiver (“LDW”) is mandatory and non-optional.
• Cost: 5% per rental day.
• Coverage: LDW provides limited coverage for minor cosmetic damage not exceeding $250 per rental.
• Exclusions: LDW does not constitute insurance and does not cover negligent or improper use, misuse, overloading, abuse, vandalism, theft without a police report filed within twenty-four (24) hours, unauthorized transport, axle damage, frame damage, hydraulic or jack damage, or any cab glass damage.

• Rental Day: Ends upon the first to occur of either twenty-four (24) consecutive hours or eight (8) hours of equipment use. • Rental Week: Ends upon the first to occur of either five (5) consecutive calendar days or forty (40) hours of use. • Rental Month: Defined as twenty (20) business days (four 5-day work weeks), not to exceed one hundred sixty (160) hours of use. • Payment Due: Full payment must be made before equipment is released by BMZ Equipment Rentals, LLC (“BMZ”). • Overtime Use: Any use beyond the agreed rental term will result in added charges at BMZ’s then-current full daily rate, unless otherwise agreed in writing. • Holdover: Failure to return equipment on time without an approved written extension will result in a holdover fee equal to one hundred fifty percent (150%) of the daily rate for each day until returned.

• Use of Attachments

• Lessee shall not install or operate any hydraulic attachment not owned or supplied by BMZ without prior written consent.
• Any violation renders Lessee fully responsible for all resulting damage and subject to a $250 violation fee.

• Safety & Usage

• Lessee affirms familiarity with safe operation and shall not permit untrained operators.
• Equipment shall not be used beyond rated capacity or exposed to hazardous materials.
• Lessee assumes full responsibility for operator safety and damage resulting from misuse.
• Lessee is solely responsible for compliance with OSHA, DOT, and all applicable regulations.
• No smoking is permitted inside equipment. Violations are subject to a $200 fine.

• Condition, Maintenance & Repairs

• Lessee shall inspect equipment upon pickup and notify BMZ of defects within twenty-four (24) hours.
• Lessee is responsible for maintaining proper fluid levels and returning equipment clean and in working order.
• Lessee is responsible for all damage beyond normal wear and tear.
• Unauthorized Repairs: Lessee shall not perform, authorize, or allow any repairs, modifications, adjustments, or maintenance without prior written approval from BMZ.
• All damage or mechanical issues must be reported immediately.
• Unauthorized repairs render Lessee fully responsible for all resulting costs, including repair, replacement, diagnostic labor, additional damage, and downtime.
• BMZ retains sole discretion over repair method, vendor, scope, and timing.

• Insurance Requirements (Business Lessees)

• General Liability: Minimum $1,000,000 per occurrence.
• Physical Damage Insurance: Full replacement value, naming BMZ as Loss Payee.
• Workers’ Compensation: Where required by law.
• A certificate of insurance naming BMZ Equipment Rentals, LLC as Additional Insured and Loss Payee (where applicable) must be provided before equipment release.

• Tracks, Tools, and Components

• Tracks are the full responsibility of Lessee during the rental period.
• Damage including de-tracking or sidewall tearing will result in repair or replacement charges.
• Missing tools, keys, remotes, pins, or accessories will be charged per BMZ’s posted price list.

• Attachment Rentals – Including but not limited to Damage, Loss, and Theft

• Attachment Responsibility: Lessee assumes full responsibility for any rented attachment from the time of pickup or delivery until the attachment is returned to BMZ Equipment Rentals, LLC (“BMZ”) and inspected by BMZ.
• Damage: Lessee is responsible for any damage to the attachment beyond normal wear and tear. BMZ reserves the right to charge the Lessee for all repair costs necessary to restore the attachment to its original working condition, including parts, labor, transportation, and downtime.
• Loss or Theft: If any rented attachment is lost, stolen, destroyed, or not returned for any reason, Lessee agrees to pay BMZ the current fair market replacement value of the attachment, as determined by BMZ, including applicable taxes, freight, and procurement costs.
• Continued Rental Charges: Rental charges will continue to accrue at the agreed rental rate until the attachment is either returned or paid for in full.
• Unauthorized Transfer: Attachments may not be subleased, transferred, or used by any party other than the Lessee without prior written approval from BMZ. Lessee remains fully responsible for the attachment at all times.
• Inspection Upon Return: All attachments will be inspected by BMZ upon return. Any damage discovered during inspection may result in additional repair or replacement charges billed to the Lessee.

Indemnification • Lessee agrees to indemnify, defend, and hold harmless BMZ from all claims, damages, losses, liabilities, and expenses arising from use, transport, possession, or operation of the equipment, including third-party injury and property damage.

Default & Repossession • Events of default include failure to make payment, misuse or unauthorized relocation of equipment, or lapse of required insurance. • Upon default, BMZ may exercise all remedies available at law or equity, including immediate repossession without prior notice if conducted without breach of the peace, in accordance with Oklahoma law (OK Stat §12A-9A-609).

Damage Reporting • Lessee must notify BMZ of any loss, accident, or damage within twelve (12) hours of occurrence. • Failure to report may void LDW coverage and render Lessee fully liable.

Assignment & Subleasing • Lessee may not assign this Agreement or sublease the equipment without prior written consent from BMZ.

Payment Authorization and Method of Payment • Lessee agrees to maintain a valid credit card, debit card, or ACH payment method on file with BMZ for the duration of this Agreement. • Lessee authorizes BMZ to charge such payment method for all amounts due, including rental charges, extensions, damage, theft, loss, cleaning, repair, recovery, obstruction costs, fees, taxes, and other charges permitted herein. • Prior notice is not required where charges are necessary to enforce this Agreement or collect amounts owed. • Declined, reversed, or disputed payments do not relieve Lessee of liability.

Security Interest; UCC Filing Authorization • Lessee grants BMZ a continuing security interest in the rented equipment and all proceeds, accounts, and receivables arising from this Agreement as security for all obligations owed. • Lessee authorizes BMZ to file UCC-1 financing statements and related amendments without further notice or consent. • This security interest remains in effect until all obligations are paid in full.

Governing Law & Venue • This Agreement shall be governed by the laws of the State of Oklahoma. • Venue for any action shall lie exclusively in Oklahoma County or Logan County, Oklahoma.

Entire Agreement; Acceptance • This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings. • Lessee acknowledges and agrees that this Agreement is binding upon execution by Lessee or upon Lessee’s acceptance, possession, or use of the equipment, whichever occurs first. • BMZ Equipment Rentals, LLC is not required to sign this Agreement for it to be enforceable. • Any amendment or waiver must be authorized in writing by BMZ.

Personal Guaranty (Business Lessees Only) • If Lessee is a limited liability company, corporation, or other entity, the undersigned individual, by signing this Agreement, personally and unconditionally guarantees the full and timely payment and performance of all obligations of Lessee.

— — — — — — — — — — — — — — — — — —— — — — — — — — — — — — — — — — — —— — — — — — — — Top Dresser machine specific Rental Terms & Conditions (In addition to applicable items stated throughout the entire agreement)

Approved Materials Only •    Only the following materials are permitted: •    Screened topsoil •    Mason sand •    Compost (fine, screened) •  No rocks, gravel, clay, mulch, or debris allowed. •    Material must be free of sticks, trash, and large clumps. •    Use of unapproved material will result in damage charges and cleaning fees.

Material Condition •    Material must be dry and workable. •    No wet, muddy, or frozen material. •    Wet material can clog the conveyor and damage components—renter assumes liability for any resulting damage.

Machine Cleaning Requirement •  Machine must be returned cleaned inside and out: •    Hopper emptied •    Conveyor cleared •    No material buildup on belts, chains, or tires •    Failure to clean will result in a $250 cleaning fee (or more if excessive)

Fuel Type & Responsibility •  These units are Gas-powered (NOT diesel). •  Use regular unleaded gasoline only (87 octane). •  Do NOT use diesel or mixed fuel. •  Machine must be returned with the same fuel level. •  Incorrect fuel = full repair cost + downtime charges.

Operation Guidelines •    Do not overload hopper beyond recommended capacity. •    Do not run machine empty at high throttle for extended periods. •    Keep hands, tools, and debris away from moving conveyor and spinner. •    Machine must be operated on reasonably level ground.

Transport & Handling •    Machine must be properly secured during transport. •    Do not tip unit excessively or load/unload improperly. •    Any damage during transport is renter responsibility.

Damage & Wear •    Conveyor belts, chains, bearings, and spinners are wear items but abuse-related damage is chargeable. •    Jams caused by improper material are considered operator negligence.

Clogging / Jamming •    If machine becomes clogged: •    Shut machine down immediately •    Do NOT force operation •    Contact BMZ Rentals •    Continuing to run a clogged machine will result in damage liability.

Greasing & Maintenance (if multi-day rental) •    Light grease required on fittings every 10–12 hours of use •    Do not attempt repairs without contacting BMZ

Weather Restrictions •    Do not operate in: •    Heavy rain •    Muddy conditions •    Wet conditions increase risk of clogging and damage

Surface Use •    Designed for: •    Lawns •    Level grading surfaces •    Not for:      - Rocky terrain      - Construction debris areas

Misuse Clause •    Any use outside intended purpose (top dressing lawns with approved material) is considered misuse and voids standard wear coverage.

Downtime & Repair Charges •    Renter is responsible for: •    Lost rental time due to misuse •    Repair costs from improper operation •    Daily rate may continue until machine is returned to service