Rental Protection Plan

RPP Terms + Conditions

1. CUSTOMER’S GENERAL RESPONSIBILITY

Under the Texas First Rentals™ Rental Agreement, the Customer renting the Equipment is responsible to Texas First Rentals for all loss of or damage to the Equipment and for its return in the same condition it was received, except for ordinary wear. Such responsibility is limited to the full value of the Equipment at the time it is lost or damaged, less its salvage value, plus an administrative fee and Texas First Rentals’ related expenses, such as, loss of use, appraisal fees or recovery cost. Cost of labor for repairs will be either the Texas First Rentals repair facility’s posted labor rate or the cost charged to Texas First Rentals by a third party repairer. Cost of parts for repairs will be either the Texas First Rentals repair facility’s current retail price or the cost charged to Texas First Rentals by a third party repairer. If the Equipment is repaired by a third party vendor Texas First Rentals shall charge an administrative charge of 10% of the total repair costs, not to exceed $500. The fee for loss of use shaII be the lesser of the basic rental rate multiplied by the time taken to complete the repairs or replace the Equipment, and twice the basic rental rate for a four week rental term.

2. RENTAL PROTECTION PLAN

“Rental Protection Plan” (“RPP”) is not insurance; it is an option that Texas First Rentals offers You to limit Your liability for loss or damage to the Equipment You have rented from Texas First Rentals. The benefit from this RPP is limited by the Customer’s out of pocket cost shown in subparagraph (a) and excludes the specific conditions or events shown in subparagraph (b).

(a) If You comply with this Agreement, the rental, and if Texas First Rentals in its discretion has offered to You, and You have accepted, RPP, then Texas First Rentals agrees to waive, to the extent specified in this paragraph, Your responsibility for loss of or damage to the Equipment to the extent that it exceeds the Customer’s out of pocket cost.

You are responsible under this Agreement for the loss of or damage to the Equipment up to the amount of the “Customer’s out of pocket cost” for RPP. This may change if you extend or shorten the duration of your rental or if you add equipment to the rental. You can only accept RPP at or prior to the beginning of the Rental Term. NOT WITHSTANDING ANY NOTATION ON THE RENTAL AGREEMENT, RPP IS NOT OFFERED ON OR AVAILABLE FOR THE RENTAL OF AN ON ROAD MOTOR VEHICLE.

(b) NOTWITHSTANDING YOUR ACCEPTANCE OF RPP, YOUR RESPONSIBILITY FOR LOSS OR DAMAGE WILL NOT BE LIMITED BY SUBPARAGRAPH (a) TO THE EXTENT SUCH LOSS OR DAMAGE RESULTS FROM AN OPERATOR’S NEGLIGENCE OR FROM:

(i) striking an overhead object with the Equipment;

(ii) vandalism, malicious mischief, theft or conversion of the Equipment, unless an Authorized Operator promptly files with the applicable public authorities (and promptly provides to Texas First Rentals) a formal written theft, vandalism or conversion report;

(iii) leaving keys, if any, in the Equipment while that Equipment is not locked or otherwise secured, regardless of whether or not a report was filed;

(iv) exposure to corrosive materials;

(v) overloading of a boom, exceeding rated capacity of equipment;

(vi) damage due to Acts of God, such as floods, wind, storms or earthquakes;

(vii) fluid contamination;

(viii) equipment submersion and the costs associated with recovery/extrication of unit;

(ix) loss of use;

(x) damage to tires and tubes;

(xi) your failure to perform any of Your obligations under this agreement.

(c) In the event of loss or damage to the Equipment, you are required to cooperate with Texas First Rentals investigation of any incident involving the Equipment and complete an RPP Incident Report.

(d) RPP IS OPTIONAL, AND YOU NEED NOT ACCEPT IT IF Texas First Rentals OFFERS IT TO YOU. HOWEVER, TO THE EXTENT Texas First RENTALS DOES NOT OFFER RPP TO YOU, OR YOU DO NOT ACCEPT RPP, YOU MUST MAINTAIN THE INSURANCE COVERAGE REQUIRED BY THE RENTAL AGREEMENT. If you elect to maintain insurance coverage, and the certificate of insurance you provide to Texas First Rentals to evidence your insurance coverage expires or is unacceptable to Texas First Rentals, you agree Texas First Rentals may charge RPP for your rentals until such time as you provide an acceptable and valid certificate of insurance.

(e) Recovery of Equipment. Notwithstanding anything to the contrary in this Agreement, if lost or stolen Equipment is later recovered, Texas First Rentals retains ownership of the Equipment regardless of any payments made by You or Your insurance company with respect to such Equipment, all of which payments are non-refundable. You agree to promptly return any Equipment that is recovered.

(f) Subrogation. Texas First Rentals shall be subrogated to Your rights to recover against any person or entity relating to any loss, theft, damage or destruction to the Equipment. You agree to cooperate with, assign Texas First Rentals all claims and proceeds arising from such loss, theft, damage or destruction, to execute and deliver to Texas First Rentals whatever documents are required and take all other necessary steps to secure in Texas First Rentals such rights.