Rental Terms & Conditions.

Effective Date: August 27, 2025

Welcome to Code Love Excavation. By renting equipment from us, you (“Customer”) agree to the following terms and conditions. These Rental Terms govern the use of all equipment (“Equipment”) provided by Code Love Excavation and are incorporated into each rental agreement.

1. Title to Equipment

All Equipment remains the property of Code Love Excavation. Any accessories or parts added to the Equipment become part of the Equipment and remain our property. Customers are responsible for helping protect our interest in the Equipment if requested.

2. Rental Term

The rental period begins when the Equipment is picked up or delivered and ends on the agreed return date, or when the Equipment is returned in proper condition. Code Love Excavation may terminate a rental agreement with five (5) days’ notice if needed.

3. Rental Charges

Customers must pay the full rental rate for the entire Rental Term, including applicable taxes, permits, delivery/pickup fees, assembly/disassembly charges, and other costs associated with Equipment use. No reductions apply for weather, weekends, holidays, or downtime unless agreed in writing.

4. Minimum Rental Guarantee

Customers are responsible for the minimum rental period specified in the rental agreement, even if the Equipment is used less than that period.

5. Downtime Credit

If Equipment cannot be used for more than 48 hours due to necessary repairs not caused by the Customer, Code Love Excavation will issue credit or provide replacement equipment.

6. Excess Usage

Rental rates are based on standard usage (8 hours/day, 40 hours/week). Extra usage will incur additional charges based on the rental agreement’s hourly rates.

7. Payment Terms

Payment is due as outlined in the rental agreement. Late payments may incur a 1.5% monthly charge. Code Love Excavation may withhold Equipment or require advance payment if invoices are overdue.

8. Delivery and Acceptance

Customers are responsible for inspecting the Equipment upon delivery. Any issues must be reported within 24 hours. Failure to report constitutes acceptance of Equipment in good condition.

9. Permitted Use

Customers must use Equipment safely, in accordance with manufacturer instructions, applicable laws, and only for its intended purpose. Equipment may only be operated by trained and authorized personnel.

10. Maintenance

Customer Responsibilities: Perform daily and weekly inspections, lubrication, fuel/air/cab filter replacement, and basic maintenance.
Code Love Excavation Responsibilities: Handle planned maintenance such as oil changes. Customer must provide access for scheduled maintenance.

11. Loss, Damage, and Liability

Customers are responsible for all loss, theft, or damage to Equipment during the rental term, except for normal wear and tear. Customers must report incidents immediately.

Insurance: Customers must maintain insurance covering liability, property damage, and physical damage to Equipment. Optional protection programs may be offered by Code Love Excavation.

12. Return of Equipment

Equipment must be returned in good condition, cleaned, and free of hazardous materials. Late returns or damaged Equipment may incur additional fees.

13. Safety and Training

Customers must follow all safety instructions and ensure operators are trained. Code Love Excavation is not responsible for training unless specifically agreed in writing.

14. Default

A customer is in default if rental payments are overdue, Equipment is misused, returned late, or any other terms are violated. Code Love Excavation may repossess Equipment and take legal action if default occurs.

15. Indemnification

Customers agree to indemnify and hold Code Love Excavation harmless from any claims, damages, or losses arising from the use, operation, or transport of Equipment.

16. Disclaimer and Limitation of Liability

Equipment is provided “as is” without warranties of any kind. Code Love Excavation is not liable for any indirect, incidental, or consequential damages, including lost profits or personal injury.

17. Miscellaneous

Assignment: Customers may not assign the agreement without written consent.
Severability: If any provision is invalid, the remainder of the agreement remains in effect.
Notices: All notices must be in writing and delivered to the addresses on the rental agreement.