1. Definitions
“Agreement” means all terms and conditions found in this form page and any other documents you sign or that we give you at the time of rental “You” or “Yours” or “Renter” means the person identified as the renter or additional renter on this form, all Authorized Drivers, and any person or organization to whom charges are billed by us at its or the renters’ direction. All persons referred to as “You” or “Your” or “Renter” are jointly and severally bound by this Agreement. “We”, “Our” or “Us” or “Rentor” or “Crossover Trailers” means the business renting the Trailer(s) to you. “Authorized Driver” means you and any additional driver listed by us on this Agreement. “Trailer” or “Trailer(s) or “Camper” means the non-motorized trailer identified in this Agreement and any Trailer(s) we substitute for it. “Loss of Use” means the loss of our right to use the Trailer for any reason because of damage to it or loss of it during this rental. Loss of Use is calculated by multiplying the number of days from the date of loss or damage to the Trailer until it is replaced or repaired times the daily rental rate. “Diminished Value” means the difference between the actual cash value of the Trailer just prior to damage or loss less the value of the Trailer after its repair. If we elect to repair the Trailer “Diminished Value” mean the difference between the actual cash value of the Trailer just prior to damage or loss less the salvage or sale value of the Trailer(s). “Damage” shall mean collectively the Loss of Use, Diminished Value, missing equipment, expense, liability and/or all other loss incurred by us.
2. Disclaimer of Warranties.
Renter acknowledges and specifically agrees that the rented Trailer is of a design, size, fitness and capacity selected by Renter and that, after complete examination and inspection of the rented Trailer, Renter is satisfied that the same is suitable and fit for its intended purposes.
Renter further specifically agrees that Crossover Trailers has made no and hereby expressly makes no representations or warranties of any kind, direct or indirect, express or implied, including, but not limited to, any representations or warranties with respect to suitability, durability, fitness for use or merchantability of the rented Trailer(s).
Renter specifically waives all rights to make a claim against Crossover Trailers herein for breach of warranty, of any kind whatsoever. Crossover Trailers shall not be liable to Renter for any loss, damage or expense caused, directly or indirectly, by the rented Trailer(s) or for the use or the maintenance hereof or for the failure of operations thereof, or for the repairs, service or adjustment thereto, or by any delay or failure to provide any thereof, nor by any interruption of service or loss of use of the rented Trailer(s) for any loss of time, money and labor or any other damages whatsoever and however caused. No defect or unfitness of the rented Trailer(s) shall relieve Renter of the obligation to pay rent, or any other obligation under this Agreement.
3. Indemnity.
YOU AGREE TO INDEMNIFY US, DEFEND US AND HOLD US HARMLESS FROM ALL CLAIMS (INCLUDING BUT NOT LIMITED TO CLAIMS OF PERSONAL INJURY, PROPERTY DAMAGE, AND/OR ECONOMIC LOSS), LIABILITY, COSTS AND ATTORNEY FEES WE INCUR, RESULTING FROM OR ARISING OUT OF, THIS RENTAL AND YOUR USE OF THE TRAILER, WHETHER CAUSED IN WHOLE OR PART BY THE NEGLIGENCE OF US OR OUR EMPLOYEES, AGENTS, OR REPRESENTATIVES. We make no warranties, express, implied or apparent, regarding the Trailer no warranty of merchantability and no warranty that the Trailer is fit for a particular purpose.
4. Maintenance, Repair and Replacements.
Renter at all times shall keep the Rental Property in good order and in good repair. We shall not be liable for any loss of profits or other consequential damages or any inconvenience resulting from theft, failure, destruction or disrepair of the rented Trailer(s) or the time required to recover, service or repair the rented Trailer(s). You agree to indemnify Us against any and all claims, demands, losses, expenses or cause of action, including legal expenses, court costs and attorney fees arising from the use, maintenance, repair and operation of the rented Trailer(s).
5. Condition and Return of Trailer.
You must return the Trailer(s) to the place and on the date and time specified in this Agreement, and in the same condition that you receive 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(s) until we inspect it upon our next operating business day. Service to the Trailer(s) or replacement of parts or accessories during the rental must have our prior approval.
6. Responsibility for Damage or Loss and Reporting to Police.
You are responsible for all damages to, or loss or theft of, the Trailer, including damage caused by weather, road conditions and acts of nature, whether you are at fault or not. You are responsible for the cost of repairs or replacement of the Trailer if it is not repairable or if we elect not to repair it. You are also responsible for all Damage or Loss replacement, and a reasonable charge of fifteen percent (15%) of the Damage to cover our administrative, filing, transport expenses connected with any Damage, Theft or Loss claim. You must report all accidents involving the Trailer to us and the police within 24 hours of occurrence.
7. Title to Rented Trailer(s).
Renter shall not have or acquire any right, title or interest in the rented Trailer(s), except the right to use the same as provided in this Rental Agreement, and We shall retain title and remain the owner thereof throughout the rental period and thereafter. Renter shall not permit any levies, liens or other encumbrances to be placed on the rented Trailer(s).
7. Repossession.
This is a contract for rental of Crossover Trailers camper trailers. We may repossess the Trailer(s) at your expense without notice to you, if the trailer is abandoned, you are in breach of contract or used in violation of law or this Agreement.
8. Prohibited Uses.
The following uses of Our Trailers are prohibited: (a) transporting dangerous or hazardous items or illegal material; (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 or furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic citation; (g) taking the Trailer outside the United State (lower 48); trailer will not be taken out of the State of California without prior written consent from Crossover Trailers; (h) use of the Trailer when loaded beyond its capacity, as determined by the manufacturer of the Trailer and/or as otherwise stated on our website for the particular 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 cause Damage to the Trailer; (k) using the Trailer in a manner that causes Damage to it due to inadequately secured cargo; (l) causing Damage to the Trailer by your intentional, wanton, willful or reckless conduct; and (m) causing Damage to the Trailer by placing signs, lettering or paint on the Trailer.
9. Restrictions on Operation of Our Trailer.
You shall operate Our Trailer(s) only in the normal and ordinary course of Renter’s excursion, not in violation of any law, rule, regulation, statute or ordinance. You shall indemnify, defend and hold Us harmless from and against all fines, forfeitures, seizures, confiscations and penalties arising out of any such violations. Our Trailer shall at no time be used for any purpose other than that for which the Our Trailer was designated and intended, and shall not be altered, modified, added to or detracted from by You. You shall not tamper with, disconnect, remove or otherwise interfere with the operation of any instruments or equipment located in Our Trailer. You shall abide with all applicable laws, rules, regulations and ordinances in using and operating Our Trailer, and fines or penalties imposed by any governmental authority upon Our Trailer or the operator thereof during the term hereof shall be paid by You.
10. Insurance.
You must provide liability, collision, and comprehensive insurance coverage (full coverage) on the Trailer through the motor vehicle insurance policy covering the towing vehicle. In the event the Trailer is not covered for any reason, you agree to pay for any Damage accrued.
11. Inspections.
Renter must inspect the rented Trailer(s) during the “check-out” process at pickup/delivery of Trailer. Upon the completion of inspection by Renter, Renter shall be conclusively presumed to have accepted the Trailer in its “AS IS” condition and We shall not be obligated to make any repairs or replacements to the rented Trailer. Renter shall maintain the rented Trailer in good condition and repair and shall replace, after notice of our formal approval to make repair or replace any damaged or missing parts or items which is caused by Renter prior to termination of this Agreement. We may inspect the Trailer and observe Renter’s use of the rented Trailer as and when requested by Us. We may immediately seize the Trailer without notice or liability to Renter, if, upon such inspection, We determine, in Our sole discretion, that the Trailer is being utilized beyond its capacity or in any manner improperly cared for or misused.
7. Charges
You agree to pay us on demand for all charges due us under this Agreement, including, but not limited to; (a) time and mileage (if applicable) to transport or retrieve a Trailer, for the period past the due date if the Trailer has not been returned, for any lost potential lease revenues per day due to damage, loss, abandonment, non-returned, theft claims and or replacement/repairs; (b) applicable taxes; (c) all traffic, toll fees or parking violations, fines, penalties, citations, forfeitures, court costs, towing and storage charges and other expenses involving the Trailer assessed against us or the Trailer; if you fail to pay a traffic or toll fee charge to the charging authority, you will pay us all fees owed to the charging authority plus our administrative fee of up to $200 for each such charge; (d) all costs we incur recovering the Trailer if you fail to return it as agreed above; (e) all costs including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (f) interest on all amounts paid past the due date at the maximum rate allowed by law; (g) any daily, weekly or monthly rate past the return date; (h) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason, and (i) a reasonable fee not to exceed $500 to clean the Trailer, if returned substantially less clean than when rented. Renter gives consent for Old Friends Trailers to charge renter’s credit card on file to cover any fees, expenses, damage, rents owed or charges owed. We will not refund any of the time or mileage charges if you return the Trailer earlier than the date or time due in. If you are late or in default of any of the terms and conditions of this agreement, we, and our agents, at your risk, cost and expense may at any time enter the premises where the rented trailer is stored or location being used, at all times and recover the rented trailer. If there is any items loaded on the trailer at that time of recovering the trailer, it is the renter’s responsibility to pick up those items from Old Friends Trailers within 30 days or the items will be considered abandoned and property of Old Friends Trailers. Renter grants permission for Old Friends Trailers to dispose of any payload items on recovered trailers as Old Friends Trailers sees fit and renter will hold them harmless of any damages or liability. There are to be no same day cancellations and all sales are final, despite whether the renter picks up the trailer on the reserved day/time.
8. Modifications/Entire Agreement.
No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement and the Trailer Rental Policy attached hereto, provided to you or attached to our Website, 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.
9. 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.
10. Miscellaneous.
This Agreement is deemed performable and executed in Los Angeles County, California, which shall be the exclusive venue for any claims arising out of and/or related to this Agreement. The parties hereby waive any trial by jury. This Agreement shall be governed by California law. I agree to all above listed rental terms and conditions.
Care & Cleaning of Trailer
All rentals are made with the understanding that normal wear and tear is included in the rental rate. However, any damage from misuse or improper care will be charged for. Our rental rate structure anticipates all trailer being returned clean or additional charges will be made.
Deposits
Deposits are required for any item rented unless credit has been established in advance. Deposit can be paid for with an approved credit or debit card (Visa, MasterCard, Discover, American Express, PayPal) through our website. We also accept prepaid credit cards, Venmo, cash, or cashier’s checks and money orders, but prior arrangements will be made.
Tires – Road Damage - Flat Tires
Before operating rental trailer, check the jobsite for debris or terrain that could cause damage to tires, and be aware of roadway debris and/or damage that could cause tire damage to the trailer. In most instances, damage to tires are caused by conditions on a job site or roadways and as such payment for ALL tire repairs is considered the responsibility of the customer. In the event of a flat tire, the customer can call a tire repair company of their choice or Houston Trailers can call a tire repair company on behalf of the customer, at the sole expense of the Customer. Old Friends Trailers is NOT responsible for Tire Damage during the rental period. Please inspect tires prior to rental for good operating condition.
Operating Condition of Trailer
We will perform an inspection WITH you prior to delivery. But in the event that the trailer you’ve rented is not operating as it should or has a problem, please contact Old Friend Trailers immediately. Phone 512-277-0101
Continuing to run the trailer with a malfunction can cause excess wear, tear, and damage and will also result in extra time spent attempting to complete your transportation project. Please help us take care of our trailer, and help you get your transportation project done properly, but addressing any and all malfunctions or problems as they occur. If you do not call to inform us of the problem with the trailer and wait to inform us when you return the trailer when it is scheduled to be due, you may be held responsible for the full cost of the rental unit or repairs required to return it to operational condition.
Identification & Insurance
Renting a trailer from Old Friend Trailers requires identification on all trailer rentals as follows:
1. Valid Texas state driver’s license or Military ID or Texas State ID card
2. Year, make and license # of renter’s tow vehicle
3. Proof of insurance.
Reservations
It is always a good idea to reserve the rental item in advance. All reservations will be held for 30 minutes. Some reservations require a deposit. Some seasonal items may only be available to reserve at the store’s opening time. Houston Trailers may not have all rental items in stock. Most can be reserved upon return for your convenience with an advance reservation and deposit.
Past Due
Rented trailer is considered past due if not returned by the due date and time listed on the rental contract.
Rental Days & Prices
A rental day is 24 hours. Trailers are charged from reserved pick up time, not from when actually picked up or time used. Drop off time is # days rented from the reserved pick up time. For example: Reserved pick up time May 13th at 9:00am for 5 day rental. Drop off time is May 18th at 9:00am. Anytime after the drop off time will result in late fees
Overnight Rates
In order to qualify for an overnight rate, you must pick up the trailer during the last hour of business and return it during the first hour of business the following day
Authorized Agents
Customers may send authorized agents to rent trailer on their behalf. Your authorized agent must 21 years-of-age or older per our insurance company policies. If you have not arranged for prepayment of the deposit prior to the rental, your authorized agent must use their personal credit or debit card to pay the deposit. In the event, you have not rented from us before; we ask that you set up the rental ahead of time in person at our store for identification purposes. Once you have been set up in our system, you may call the store with a credit to prepay the deposit and set up the rental for your authorized agent to pick up.
Towing Requirements
Tandem axle trailers, including tow dollies, require a tow vehicle with a minimum wheel base of 133 inches. The wheelbase measurement being made between the front and rear axle centers. This will also apply to towed trailers with a gross vehicle weight (GVW) in excess of 2000 lbs. In addition, some larger/heavier trailers will require a 3/4 ton or larger chassis with electric brake controller. Most 20′ or larger trailers require a minimum 3/4-ton, full size, domestic pick-up truck with a 133 inch minimum wheel base. Notable exceptions to this are the Ford Excursion and 3⁄4-ton Chevrolet Suburban meeting the minimum wheelbase requirements.
CDL / Non-CDL (Commercial Driver’s License) Cargo Weights
Hitch Requirements
An adequate hitch is also necessary. For tandem axle trailers, all trailers greater than 3500 lb. GVWR, a minimum, class 3, receiver type hitch is required. Except, where a “factory” mounted step bumper, having the proper ball, has a rating beyond the requirement, and is of the proper height (15 to 18 in. ). A hitch or bumper (factory mfg. ) is rated to its’ capacity, not that of the vehicle, which may be less. A single piece, solid, machined ball, with proper shank diameter must be used. Bushings to increase the shank size should not be used. Old Friends Trailers reserves the right to decline the use of any vehicle we feel may not be appropriate.
Delivery Policies
Call ahead to make arrangements (for an additional fee) to have one of our truck drivers deliver the trailer right to you. Our drivers also take the time to show the basic operating functions of the trailer.
Delivery charges are subject to change and in many cases based on the distance the delivery site is from the store. Please call Old Friends Trailers to confirm the cost of delivery to your area. Rental rates on delivered trailer are a minimum 1-day charge. Customer must call store to request pick-up of trailer. Old Friend Trailers does not automatically pick up trailers when the rental is scheduled to end. Failure to call store for pick up on time will result in additional charges for rental of the trailer based on the time the trailer was out of the yard.