Lessee agrees to rent equipment which is described on the invoice, the "Equipment", from Lessor for use at the following location, herein referred to as the "Site Location".
Delivery is required for all floor scrubber rentals unless you have access to a proper enclosed or flatbed trailer capable of safely securing the unit. Floor scrubbers are heavy commercial machines that cannot be transported in a standard pickup bed, SUV, or cargo van without the risk of damage or injury. Delivery is $35.00 within the Boise area and $50.00 outside of it. Unsure whether your trailer is suitable? Call us at (208) 801-1253 and we'll be happy to help.
Full Agreement Terms
Please read carefully and scroll through the entire agreement before signing below.
1. Equipment & Rental Terms
Lessor hereby leases to Lessee the Equipment described on the invoice (the “Equipment”) for the rental period and rate specified in this Agreement. Lessor shall deliver the Equipment F.O.B. in operative condition. Rental charges for any fraction of a day or week shall be prorated at the applicable daily rate. Lessor shall retain the security deposit as security for the full and faithful performance of Lessee’s obligations, including payment of all sums due and repair or replacement of Equipment damaged during the rental period. The security deposit shall be returned within ten (10) business days following the end of the rental period, less any amounts applied to unpaid rent, damage, or other charges.
2. Payment; Late Fees; Returned Payments
All rental payments are due in full on or before the first day of each rental period. If payment is not received within three (3) calendar days of the due date, Lessee shall pay Lessor a late charge equal to the greater of (a) five percent (5%) of the overdue amount, or (b) the maximum rate permitted under Idaho Code § 28-22-104, from the original due date until paid in full. Any returned or dishonored payment shall incur a $35.00 returned-payment fee plus any applicable late charge. All costs of collection, including reasonable attorneys’ fees, court costs, and collection agency fees, shall be borne solely by Lessee.
3. Taxes & Government Fees
Lessee shall pay, before delinquency, all license fees, registrations, assessments, and all sales, use, personal property, excise, or other taxes imposed by any governmental authority relating to the Equipment or Lessee’s use thereof. If Lessor is required to pay any such amounts, Lessee shall immediately reimburse Lessor in full.
4. Care, Maintenance & Return Condition
Lessee shall: (a) use the Equipment only for its intended commercial purpose and in a careful, proper manner; (b) not remove, alter, disfigure, or obscure any numbering, lettering, insignia, or safety labels; (c) maintain the Equipment in good repair and operative condition at Lessee’s sole expense; and (d) return the Equipment in the same condition as received, ordinary wear and tear from proper use excepted. “Ordinary wear and tear” does not include damage from misuse, accidents, improper operation, overloading, neglect, unauthorized repairs, or exposure to environments for which the Equipment was not designed.
Upon return, Lessor will inspect the Equipment. Any damage beyond ordinary wear and tear — including broken parts, stripped screws, bent frames, damaged squeegees or brushes, burned motors, contaminated tanks, cracked housings, or missing accessories — shall be documented and charged to Lessee at the full cost of parts and labor at Lessor’s then-current rate, plus a 15% administrative surcharge.
4A. Cleaning Requirements; Cleaning Fee
Lessee is responsible for returning all Equipment in a clean condition, free of dirt, debris, chemical residue, construction materials, slurry, concrete, grout, adhesives, or any other foreign substances — whether in the solution tank, recovery tank, brush deck, squeegee assembly, hoses, filters, or any other component.
Prior to return, Lessee shall:
(a) Drain and rinse all tanks (solution and recovery) until visibly clear;
(b) Remove all visible debris, buildup, or residue from the brush deck, squeegee, wheels, and exterior surfaces;
(c) Clean or replace any filters clogged as a result of Lessee’s use; and
(d) Ensure no hardened, caked, or cured materials (including but not limited to concrete, grout, mortar, epoxy, or adhesive) remain in or on any part of the Equipment.
If the Equipment is returned in an unclean condition requiring cleaning by Lessor’s technicians, Lessee shall be charged a cleaning fee of up to $400.00, assessed based on the time, labor, and materials required to restore the Equipment to a clean and operational state. Lessor’s determination of the cleaning fee shall be final and shall be deducted from the credit card on file first, with any remaining balance invoiced to and payable by Lessee within ten (10) business days.
USE OF EQUIPMENT IN CONCRETE, GROUT, MORTAR, EPOXY, ADHESIVE, OR SIMILAR ENVIRONMENTS WITHOUT LESSEE’S IMMEDIATE POST-USE CLEANING IS EXPRESSLY PROHIBITED. Equipment returned with cured or hardened construction materials present shall be subject to the maximum cleaning fee and may also be assessed additional repair or damage charges under Section 4 if the materials have caused mechanical damage.
5. Repair Costs During Rental Period
All repair expenses during the rental term, including labor, parts, materials, and incidental costs, shall be paid solely by Lessee. Lessee shall not perform or authorize any repair, modification, or alteration of the Equipment without Lessor’s prior written consent. Unauthorized repairs or modifications void any warranty and make Lessee liable for all resulting damage.
6. Operators
Lessee shall supply all operators and ensure each operator is: (a) a competent adult with sufficient experience; (b) properly trained on applicable OSHA and manufacturer safety guidelines; and (c) physically fit for such operation. Lessee assumes full liability for all acts and omissions of every operator. Only Lessee and Lessee’s authorized employees may operate the Equipment.
7. Disclaimer of Warranties
LESSOR IS NEITHER THE MANUFACTURER NOR A DEALER IN THE EQUIPMENT AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, DESIGN, CAPACITY, PERFORMANCE, MATERIAL, WORKMANSHIP, OR FITNESS FOR ANY PARTICULAR PURPOSE. LESSOR FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO LESSEE OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. LESSEE AGREES THAT IT IS LEASING THE EQUIPMENT IN ITS “AS IS” AND PRESENT CONDITION. LESSOR SHALL NOT BE LIABLE IN ANY EVENT TO LESSEE FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, THE EQUIPMENT OR FROM ACCIDENTAL BREAKAGE THEREOF.
8. Assumption of Risk; Incident Notification
During the rental period, Lessee assumes all risk associated with possession, control, or use of the Equipment, including but not limited to personal injury, death, theft, loss, damage, and destruction, whether or not Lessee is at fault. After any incident, Lessee shall: (a) immediately notify Lessor and, if necessary, police and insurance carriers; (b) secure the Equipment and surrounding premises; (c) provide copies of all police or third-party reports to Lessor; and (d) pay Lessor the rental rate for the Equipment until repairs are completed or the Equipment is replaced, plus either the FMV of the Equipment or the full charges of recovery and repair.
9. Indemnification & Hold Harmless
To the fullest extent permitted by Idaho law, Lessee shall defend, indemnify, and hold harmless Lessor and its members, managers, officers, employees, agents, and successors from and against any and all claims, damages, costs, expenses (including actual attorneys’ fees and expert fees), and liabilities arising out of or relating to: (a) Lessee’s possession, use, operation, maintenance, transportation, or return of the Equipment; (b) any personal injury, death, or property damage caused by or related to the Equipment; (c) Lessee’s breach of this Agreement; or (d) the negligence or willful misconduct of Lessee or any operator. Lessee’s indemnification obligations survive expiration or termination of this Agreement.
10. Inspection; Acceptance; Condition Documentation
Lessee shall inspect the Equipment immediately upon receipt and notify Lessor in writing of any defect within two (2) hours of delivery or pickup. Failure to provide timely written notice creates a conclusive presumption that the Equipment was received in full compliance with this Agreement, in good condition, and that Lessee accepted it in such condition. Photographs or video taken at delivery by either party shall be admissible evidence of the Equipment’s condition. Lessor reserves the right to enter any premises where the Equipment is located for inspection purposes.
11. Damage Assessment; Lessee's Obligation to Pay
If the Equipment is returned with damage beyond ordinary wear and tear, or is lost or stolen, Lessor shall provide Lessee with a written damage assessment within five (5) business days. Lessee shall pay the full assessed amount within ten (10) business days of receiving the assessment. If damage renders the Equipment a total loss, Lessee shall pay Lessor the full replacement value listed on the invoice, less only the security deposit previously collected. Lessee acknowledges this obligation constitutes a liquidated damage provision based on Lessor’s reasonable estimation of replacement cost, not a penalty.
12. Insurance
During the entire rental period, Lessee shall, at Lessee’s expense, maintain: (a) Commercial General Liability insurance with limits no less than $500,000 per occurrence / $1,000,000 aggregate; (b) property/inland marine insurance covering the Equipment for not less than its full replacement value; and (c) Workers’ Compensation insurance as required by Idaho law. Lessee shall name Advance Commercial Equipment LLC as an additional insured on the general liability policy. Upon request, Lessee shall provide certificates of insurance before taking possession.
13. Title; Security Interest; No Liens
Lessor retains sole legal and equitable title to the Equipment at all times. Lessee shall keep the Equipment free of all liens, levies, and encumbrances. Lessee shall not pledge, mortgage, or otherwise encumber the Equipment. Lessor is authorized to file a UCC-1 financing statement under Idaho Code Title 28, Chapter 9, to protect Lessor’s ownership interest, and Lessee hereby consents to such filing.
14. No Sublease or Assignment
Lessee shall not sublease, loan, transfer, or allow any third party to use the Equipment, nor assign any interest in this Agreement, without Lessor’s prior written consent. Any such act without consent is void and constitutes a material default. Lessor may assign this Agreement without notice to or consent of Lessee.
15. Events of Default
Each of the following constitutes an event of default: (a) failure to pay any rental charge, security deposit, damage assessment, or other sum when due; (b) failure to pay any other indebtedness to Lessor when due; (c) failure to perform any other covenant after five (5) days’ written notice; (d) insolvency, assignment for benefit of creditors, or bankruptcy filing; (e) Equipment subjected to levy or attachment not released within five (5) days; or (f) illegal use of the Equipment.
16. Lessor's Remedies Upon Default
Upon any event of default, Lessor may: (a) declare all remaining rental charges immediately due and payable; (b) sue for and recover all amounts owing plus statutory interest under Idaho Code § 28-22-104; (c) retake possession of the Equipment without notice or legal process — Lessee waives all claims for damages arising from such retaking; (d) terminate this Agreement; and/or (e) exercise any other remedy available at law or in equity. All remedies are cumulative and non-exclusive. Notwithstanding any retaking, Lessee remains liable for all obligations, costs, and damages incurred by Lessor.
17. Attorneys' Fees & Collection Costs
In any action, arbitration, or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees (including paralegal fees), expert witness fees, court costs, and all other litigation or arbitration costs from the non-prevailing party, pursuant to Idaho Code §§ 12-120 and 12-121. If Lessor pursues collection of any amount owed by Lessee, Lessor shall be entitled to recover all collection costs, including collection agency fees and skip-tracing costs, whether or not litigation is commenced.
18. Compliance with Laws
Lessee shall comply with all applicable federal, state, and local laws, regulations, codes, and ordinances in connection with use, operation, and storage of the Equipment, including OSHA regulations, environmental laws, and Idaho transportation laws.
19. Governing Law & Venue
This Agreement is governed by the laws of the State of Idaho. Subject to mandatory arbitration, any legal action shall be brought exclusively in the state or federal courts located in Ada County, Idaho, and Lessee irrevocably submits to the personal jurisdiction of such courts.
20. Limitation of Lessor's Liability
TO THE MAXIMUM EXTENT PERMITTED BY IDAHO LAW, LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE EQUIPMENT, EVEN IF LESSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LESSOR’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL RENTAL FEES ACTUALLY PAID BY LESSEE UNDER THIS AGREEMENT.
21. Notices
All notices shall be in writing and delivered in person, by overnight courier, by certified/registered U.S. mail, or by email with confirmation of receipt. Notice to Lessor: Advance Commercial Equipment LLC dba Advance Cleaning Equipment, 1851 S Century Way, Ste 1, Boise, Idaho 83709 / [email protected].
22. Mandatory Arbitration
Any dispute arising out of or relating to this Agreement shall be resolved exclusively by binding arbitration under American Arbitration Association rules, in Ada County, Idaho. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court. Either party may seek emergency injunctive relief from a court to prevent irreparable harm pending arbitration.
23. Entire Agreement; Modification; Electronic Signatures
This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and agreements. Any modification must be in a signed writing. Electronic signatures, including typed names submitted through this form, shall be deemed valid and binding to the same extent as original ink signatures under the Idaho Electronic Signatures Act, Idaho Code § 28-50-101 et seq. Lessee’s electronic execution of this Agreement or taking possession of the Equipment (whichever occurs first) constitutes acceptance of all terms herein.
24. Severability; No Waiver; Counterparts
If any provision is held invalid, the remaining provisions continue in full force. No failure to exercise any right shall operate as a waiver. Waivers must be in a writing signed by Lessor. This Agreement may be executed in counterparts, each constituting an original.
