Last updated: 4/5/2024
By accepting this Agreement, the “Bill To” party on the Invoice (“Customer”) agrees with On Site
Companies, Inc. (“On Site”) to these terms and conditions (“Terms”) for the rental of the equipment
identified in the Invoice (“Equipment”).
1. TERM
The term of this Agreement shall commence on the date referred to on the Invoice and shall continue from
month to month (based on 28 days) thereafter, until the later of (i) the date the Agreement is terminate and
the Equipment has been redelivered to On Site as hereinafter provided, or (ii) the end of the minimum
rental period (one, 28 day period).
2. PRICING
All monthly Equipment and services are billed at an agreed upon rate 28 days in advance of service,
subject to applicable taxes. After a 28-day minimum is met, On Site will prorate by the week. Prices are
subject to change.
A security deposit shall be paid by Customer to On Site concurrently with the execution of this
Agreement provided that the amount is set forth on the face hereof. The security deposit shall be
returned to Customer within ten (ten) days of the termination of the Agreement, provided the
Equipment shall be delivered as provided in Paragraph ____, vacated and left in a clean, sanitary and
undamaged condition by Customer and provided that the Agreement is not in any way otherwise in
default.
3. PAYMENT BY TERMS
Payment is net ten (10) days from the date of Invoice upon approved credit. Customer will be
invoiced in advance for 28 days of service for a re-occurring rental or a one-time rental. All past
due amounts under this Agreement shall bear interest at the rate of 1.5% per billing cycle (or at
the highest rate permitted by law) from the date due until paid. This Agreement shall be effective
immediately and shall continue in effect until On Site receives written notice of termination from
Customer, which shall be no less than seven (7) days after On Site receipt of said notice of termination.
4. ACCEPTANCE
Customer agrees that Customer has personally inspection the Equipment, and accepts the Equipment as
being in good and sanitary order, condition, and repair. No alterations shall be made to the Equipment
and the Equipment shall not be moved from the location of delivery without the prior consent of On Site.
Any relocation shall be made only be On Site on a date and time agreed to by the Parties. Customer shall
pay On Site in advance normal charges for relocation in cash.
5. . POSSESSION, USE AND MAINTANCE OF THE CONTAINER
The Equipment shall be kept be Customer:
(a) in good condition and repair (ordinary wear and tear excepted);
(b) supplied with all necessary parts;
(c) at the delivery location referred to on the face hereof;
(d) subject to inspection by On Site;
(e) free of all security interests and other claims;
(f) conspicuously labeled to disclose On Site’s ownership, which Customer shall also
maintain and shall not remove or deface. The Equipment leased to Customer shall only be used
for intended uses, and for no other reason whatsoever. No perishables, inflammables, explosives
or hazardous goods or property shall be placed within or near the Equipment, unless required for
the use of the Equipment. Customer shall be responsible for all damage or loss to On Site as a
result of said events. Customer shall not permit the Equipment to become or remain a fixture to
any real estate; and.
(g) Equipment shall remain under the sole control, possession, and operation of the Customer
and its employees. Customer shall not allow the Equipment to be used by any other person or
entity.
6. PAYMENT BY CREDIT CARD
Credit card provided by Customer is current and accurate. Customer is authorizing On Site to charge
Customer’s credit card in the amount specified within this Agreement, as well as any other fees listed
below, if applicable.
7. CANCELLATIONS
Cancellations notified at least 48 hours prior to delivery of the Equipment, 50% of full payment will be
returned. If notified 0-47 hours prior to delivery, no refund will be returned.
Cancellation of delivery upon arrival for a recurring portable restroom rental will be subject to a trip
charge. Special event orders that are cancelled with at least 48 hours’ notice prior to delivery, will receive
50% of full payment returned. Failure to notify On Site within 48 hours of delivery – no refund will be
given.
8. UNIT DELIVERY, LOCATION, AND RETRIEVAL
On Site will not be held responsible for Customer’s failure to designate Equipment placement at time of
delivery. If Equipment is set in an undesired area because Customer failed to designate placement area On
Site reserves the right to issue a trip charge, plus fuel costs.
Customer agrees not to remove Equipment from site or permit the Equipment to be removed from the site
without notification of doing so to On Site.
9. EQUIPMENT USE AND ACCESS
Customer will immediately notify On Site and discontinue use of Equipment that is or becomes unsafe or
dangerous. Customer shall provide unobstructed access to Equipment on the day of servicing or removal
or be subject to a trip charge plus fuel costs, and/or delayed service or removal.
Customer grants On Site the right and privilege to enter on the real property where the Equipment is
located as well as access to the Equipment at reasonable times, for the purpose of inspection, or for
making such repairs or alterations as may, in On Site’s opinion, be necessary or proper, or for the purpose
of determining whether the Customer is in conformity with the terms and conditions of this Agreement.
Customer shall furnish On Site a duplicate key/keys to any Equipment that has a lock for the purpose of
permitting entry by On Site or On Site’s as provided above. Customer agrees that when the Equipment is
located on property not owned by Customer, then Customer will obtain the consent of the owner of that
real property to On Site’s right to enter for all purposes provided for under this Agreement.
7. INDEMNIFICATION
Customer shall indemnify, defend and hold harmless On Site from and against all claims, lawsuits, damages,
losses, expenses, fines or penalties of any kind (“Claims”) directly or indirectly arising out of the rental,
Equipment or this Agreement. Customer also acknowledges that On Site has no responsibility or
indemnification obligations related to or arising out of this Agreement.
8. LIMITATION OF LIABILITY
Customer acknowledges and agrees that its maximum recourse against On Site, and On Site’s maximum
liability, for any Claims arising out of, or any way related to this Agreement, or the Equipment, shall be
strictly limited to the amount On Site charged to Customer under this Agreement.
Customer shall bear the risk of loss and damage to Equipment. In the event of damage, other than
damaged caused directly by On Site, Customer shall pay the cost or repair or replacement.
In no event shall On Site be liable for any i) expense of any kind arising out of or related to the rental of
the Equipment; ii) incidental, indirect, special or consequential damages (including, but not limited to
damage to grounds due to Customer’s delivery instructions), or; iii) any amount in excess On Site
receives from Customer as payment under this Agreement.
9. DISCLAIMER OF WARRANTIES AND LIABILITIES.
Customer acknowledges and agrees that On Site does not provide any warranty, express or implied, as to
any matter whatsoever including, without limitations, regarding the condition of the Equipment, its design,
its capacity, its performance, or its fitness for a particular purpose. Customer further acknowledges and
agrees that On Site disclaims any liability whatsoever for loss, damage or injury to the Customer or any third
parties arising from the Equipment, or as a result of any defects, latent or otherwise, with the Equipment.
10. INSURANCE
Customer shall keep the Equipment insured against all risks of loss or damage from every cause
whatsoever for not less than the full replacement value thereof; and shall carry liability and property
damage insurance covering the Equipment and On Site’s operation and handling of the Equipment.
On Site will not and does not have any responsibility to insure Customer’s property and hereby waives all
claims against Customer for damages to goods, wares and personal property in, upon or about the
Equipment from any cause whatsoever while in Customer’s possession. Customer hereby agrees to hold
On Site exempt and harmless and to indemnify On Site from any damages or injury to any person or to
the goods, wares and personal property of any person, arising from the use of the Equipment by Customer
or from the failure to on Customer to keep the Equipment in good condition and repair.
11. RISK OF LOSS
Customer shall bear the entire risk of all loss, theft, damage, destruction, or other interruption or
termination of use of the Equipment, and personal property stored therein, from any cause whatsoever
during the term hereof and until the return of the Equipment to On Site. No such loss, theft, damage,
destruction or other interruption or termination of use of the Equipment, or personal property stored
therein, shall relieve Customer of the obligation hereunder. Customer shall promptly notify On Site in
writing of the occurrence of any of the above events and shall promptly pay On Site the Replacement Cost
of the Equipment.
12. DEFAULT
If Customer shall be in default in the performance of any of the terms, covenants or conditions of this
Agreement, including but not limited to, the covenant for the payment of money under this Agreement,
then, at the sole option of On Site, On Site may (a) terminate the Agreement, (b) take possession of the
Equipment wherever the same may be found, with or without process of law, and for that purpose may
enter upon any premises where the Equipment is located; (c) change the locks and refuse access by
Customer to the Equipment, and (d) On Site shall have lien on any property of Customer in the
Equipment, which On Site may at its sole option exercise, or alternatively waive. By execution of this
Agreement, Customer releases On Site and agrees to hold harmless from any and all claims for liability or
damages arising or claimed to arise as a result of the options granted to On Site under the terms of this
paragraph. Upon default, On Site shall retain all rents, rentals, and other sums paid by the Customer
hereunder with respect to such Equipment.
13. TERMINATION
This Agreement may be terminated by either party, by ten (10) days of prior written notice of intention to
terminate given as herein provided to the other party. Upon the termination of this Agreement, Customer
shall surrender the Equipment and all keys thereto, and shall remove all property from the Equipment for
pick up by On Site in the same condition and state of repair as at the inception of this Agreement,
reasonable wear and tear alone excepted.
14. CHOICE OF LAW
This Agreement shall be governed by the laws of the State of Minnesota. There shall be no
presumption or inference against the party drafting this Agreement in construing or interpreting its
provisions. This Agreement constitutes the entire agreement between the parties with regard to its
subject matter, superseding all prior negotiations and agreements, and shall not be amended, altered or
changed except in writing signed by both parties. The parties hereto irrevocably and unconditionally
waive, to the fullest extent possible, their right to a jury trial in any suite, action, or proceeding on any
matter arising from or relating to these Terms.
Sanitation Terms
1. WINTER, ENVIRONMENTAL, AND FUEL FEES
Due to winter climate conditions, On Site will impose a winter service charge which covers the
additions costs related to, but not limited to freeze prevention costs, and additional labor.
Customer agrees to environmental fee if they use, create, dispose, or store hazardous materials.
Customer agrees that On Site may increase its fuel surcharge and/or haul rate to adjust for any increase to
On Site costs.
2. DAMAGE WAIVER
Customers choosing to opt-out of the damage waiver program must sign and return
a release form to avoid the additional charge. Customer is still responsible for all personal injuries or
property damage as set forth in the rental agreement. The damage waiver is valid for all instances of
damage except damage due to Customer’s neglect or misuse.
3. LUXURY TRAILER DEPOSIT
A 50% non-refundable deposit is required for luxury trailer rental. The remaining balance for rental is due
4 weeks priors to delivery. If a cancellation is notified at least 4 weeks prior to delivery, up to 50% of
balance (not including non-refundable deposit) will be returned. If notified within 4 weeks of delivery, no
refund will be returned.
Climate Control Terms
1. PERMITS AND CONTRACTORS
Customer is responsible for following any city or local codes requiring Burner Permits or LP Permits.
Certain local governments require a mechanical contractor to make connections to fuel source. An
electrician is required for AC units power connections 3.5 ton and above, and for power on P1800 and
above electric units.
2. GROUND HEATER FUEL
Diesel #1 fuel required on all ground heaters. On Site has diesel fuel fills available.
3. FUEL SURCHARGE
Customer agrees that On Site may increase its fuel surcharge to adjust for any increase to On Site costs
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By phone: 1-800-210-8407
- By visiting this page on our website: onsiteco.com
