TERMS AND CONDITIONS
By submitting this form digitally, the Customer (“you,” “your,” “Lessee”) agrees to these legally binding terms with S Rhodes Contracting Service LLC (“Company,” “Lessor,” “we,” “us,” and “our”).
1. Rental Term, Rates, and Extensions
You agree to rent the 5x10 utility trailer (the "Trailer") for the period specified in Part A (the “Term”) and pay the stated rental rates ("Rent") without reduction or setoff.
Late Returns: Late returns will be charged additional Rent at our highest incremental rate.
Prepayments & Deposits: Any required prepayment or security deposit is non-refundable unless explicitly agreed otherwise. We may deduct any outstanding balances, damage fees, or late return fees from your deposit.
No Reductions: You are not entitled to a reduction of Rent for time in transit, weather events, or periods of non-use. Anything left in or on the Trailer upon return will be deemed abandoned.
2. Trailer Care, Prohibited Uses, and Site Security
You agree to protect, maintain, and properly care for the Trailer at all times, keeping it safely stored, locked, and secured when not in use. You must return the Trailer on time, clean, and in the same good order, condition, and repair as when received.
Strictly Prohibited Operations: You shall not, nor shall you permit anyone else to:
Operate or tow the Trailer while under the influence of any intoxicants (including cannabinoids, cannabis, and alcohol, whether or not legal);
Overload the Trailer beyond its rated cargo capacity, or improperly balance/secure the load;
Abuse, misuse, modify, alter, or damage the Trailer;
Sublease, loan, share, or assign the Trailer to any third party without our prior written consent;
Expose the Trailer to flammable, explosive, toxic, or hazardous substances.
3. Customer Inspection and Acknowledgement
Upon taking possession, you represent and warrant that you have carefully examined, coupled, and tested the Trailer, and that it is complete, in safe working condition, and appropriate for your towing vehicle. You acknowledge full understanding of and agree to comply with all local, state, and federal transport regulations (including DOT and FMCSA trailer towing standards). You agree to immediately cease using the Trailer if it breaks down, becomes damaged, or proves defective (a "Malfunction") and notify us immediately.
4. No Warranties ("AS-IS" Status)
S RHODES CONTRACTING SERVICE LLC PROVIDES THE TRAILER STRICTLY ON AN “AS-IS” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE TRAILER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SAFETY, DESIGN, CAPACITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPLICITLY WAIVE ALL SUCH WARRANTIES.
5. Insurance Requirements
You agree to maintain a valid auto liability insurance policy on the towing vehicle that required by the state. You assume full financial responsibility for any physical damage to the Trailer while it is in your possession, up to its full new replacement cost plus 38.75% for loss of revenue and admin time, as well as replacement cost insurance for any cargo carried within it. Your insurance shall act as primary and non-contributory.
6. Indemnification & Liability Waiver
To the maximum extent permitted by Illinois law, you agree to indemnify, defend, and hold harmless S Rhodes Contracting Service LLC, its members, managers, and agents from all claims, actions, damages, liabilities, losses, costs, and expenses (including actual attorneys' fees) brought by anyone arising out of your selection, possession, loading, unloading, towing, or use of the Trailer. This includes claims based on our active negligence, excluding only our sole negligence. The maximum aggregate liability of the Company under this agreement shall never exceed the total dollar amount actually paid by you to us.
7. Default, Interest, and Collection Costs
Failure to pay invoices upon receipt or perform any material provision of this Agreement constitutes a breach. Interest will accrue on all overdue balances at a rate of 1.5% per month (18% per annum). If you breach this agreement, the Company may take any legal action to enforce its rights, including repossessing the Trailer without legal process or notice.
You agree to pay all of the Company's attorneys’ fees, collection agency fees, court costs, and all other expenses related to the enforcement of our rights, regardless of whether a formal lawsuit is filed.
8. Governing Law, Venue, and Entire Agreement
This Agreement is subject to the laws of the State of Illinois. The proper venue for any legal actions commenced in connection with this agreement shall lie strictly in the federal, state, and local courts located in or nearest to Tazewell County, Illinois (unless waived by us).
YOU HEREBY EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LITIGATION AGAINST US. This contract represents the entire agreement between the parties, superseding all prior discussions, and cannot be modified except in writing signed by both parties.
9. Legal Warning
WARNING: Wrongfully obtaining property, converting it for unauthorized use, or failing to timely return rented property may be deemed THEFT under Illinois law (720 ILCS 5/16-1.1 & 16-3), resulting in immediate civil liability and/or criminal prosecution.
