Rental terms and conditions

Prime Rentals & Logistics agrees to rent certain container equipment ("Equipment") to the customer ("Customer") under the terms and conditions set forth herein. Unless otherwise specified herein, or communicated to the Customer by Prime Rentals & Logistics, the following terms and conditions, including the Rental Documents (as defined herein), shall apply to and govern both commercial and residential rentals.

1. Acceptance; Formation of the contract

This transaction, which includes the rental of the Equipment by Prime Rentals & Logistics to the Customer, is expressly limited and conditioned upon the Customer's acceptance of all the terms and conditions contained herein and any related rental documents, including, but not limited to, any quotation, proposal, acknowledgment, or invoice (hereinafter, the "Rental Documents"). The terms and conditions set forth herein shall apply to and govern all Rental Documents, including any agreement, order, or rental that may arise therefrom, and these terms and conditions, together with the Rental Documents, constitute the entire agreement between Prime Rentals & Logistics and the Customer. Any terms of the Customer contained in any quotation request, purchase order, authorization, acknowledgment, or any other Customer document that are additional to or different from the terms contained herein are specifically objected to, rejected, and excluded, and shall be null and void.

2. Ordering process

Prime Rentals & Logistics receives and processes all equipment rental orders either by phone or through our website located at www.go-prime.net (the "Website"). The Customer acknowledges and agrees that, upon placing an Equipment rental order (whether by telephone or through the Website), and upon acceptance of said order by Prime rentals & logistics, a binding and enforceable rental agreement will be formed between Prime rentals & logistics and the Customer with respect to such Equipment, based on these terms and conditions, as well as any applicable Rental Document. All rental orders accepted by Prime Rentals & Logistics are accepted with the understanding that each is subject to Prime Rentals & Logistics ability to obtain and supply the Equipment to the Customer.

3. Equipment delivery and collection. 

Delivery is typically made within 24 to 48 hours of the agreed-upon order date. We service the entire Rio Grande Valley, so prices are subject to change based on distance, fuel costs, and disposal fees. Prices are based on location and the area closest to our shipping location. You will be notified of any changes or charges by phone or email, and we will await your response before delivery in case there is an adjustment due to the aforementioned factors. The disposal fee is based on the landfill's rates at the time of disposal and can range from $60 to $200 per ton depending on the location. Prime Rentals & Logistics will make all commercially reasonable efforts to ensure timely delivery and pickup of the equipment. Whenever, due to circumstances beyond our control, including but not limited to inclement weather, hazardous road and/or driving conditions, traffic delays, car accidents, landfill delays, and equipment failures, we cannot and do not guarantee delivery times or dates. Prime Rentals & Logistics will not be liable to the Customer under any circumstances for any costs, expenses, losses, and/or damages incurred by the Customer in any way related to such delays. Upon delivery of the Equipment to the location designated by the Customer, the Customer may not move, transport, or attempt to move or transport (directly or indirectly) the Equipment from the designated location without the prior notice and consent of Prime Rentals & Logistics, which may be refused at its sole discretion. In the event that Prime rentals & logistics attempts to deliver or pick up the Equipment and is unable to do so for any reason beyond its control, including, but not limited to, overloaded Equipment, downed power lines or tree limbs, blocked access to the delivery or pickup location, damaged Equipment, closed gates, fences, or parking lots, inaccessible entrances, and/or the storage of prohibited items or substances on the Equipment (collectively, the "Trial"), Prime Rentals & Logistics will be entitled to a Trial Inconvenience Charge. The standard Trial Inconvenience Charge is $150.00. However, if Prime rentals & logistics incurs any additional charges, fees, fines, penalties, or expenses related to the Trial, it may increase the Inconvenience Charge to recover such charges. The Customer acknowledges and agrees that Prime rentals & logistics is authorized and entitled to charge the Customer's credit card the amount of such Inconvenience Charge.

4. Prices and payment terms

Equipment rental prices are listed on the website and are subject to change at the sole discretion of Prime Rentals & Logistics. The applicable price for each equipment rental transaction will be confirmed by Prime Rentals & Logistics at the time of ordering. Prices may be subject to change due to distance and our landfill fees, which will be communicated in advance. Unless otherwise agreed in writing between the customer and Prime Rentals & Logistics, the customer will pay Prime Rentals & Logistics monthly for the rental period by credit card. The customer expressly authorizes Prime Rentals & Logistics to retain their credit card information and to charge their credit card monthly for rental fees and any other charges to which Prime Rentals & Logistics is entitled under this agreement. The customer acknowledges and agrees that this credit card authorization will remain valid and in full force and effect for the applicable rental period and for a period not exceeding 120 days after the last day of equipment rental. If, at any time during the rental period, Prime Rentals & Logistics authorization to charge your credit card is revoked and/or canceled by you or a third party, then Prime Rentals & Logistics, at its sole discretion, may immediately terminate the rental of the Equipment and reclaim the Equipment without prior notice or liability to you, and without prejudice to or waiver of any of Prime Rentals & Logistics remedies against you.

In addition to charging the Customer for Equipment rental, Prime Rentals & Logistics will also authorize a $300 hold on the Customer's issuing bank for 30 days in the unlikely event of Overload Charges, Additional Rental Days, Unacceptable Materials or Prohibited Substances in the trash, or other consequential damages. If no action is taken within 30 days, the authorization will expire and will no longer be available for capture.

5. Environmental tax

The Environmental Fee is intended to cover the increased costs our company incurs to comply with federal, state, and local regulations related to the storage, transportation, recycling, and disposal of materials and debris. This charge may apply at a waste treatment plant, landfill, or local dump. If the Environmental Fee applies, the actual amount is an estimate of the cost of compliance, which may vary depending on the service, type of waste, hazardous waste, or geographic location.

6. Cancellation and cancellation fees

Any rental order, once placed and accepted by Prime Rentals & Logistics, may not be canceled by the Customer except with the consent of Prime Rentals & Logistics, which may be refused at its sole discretion. Should Prime Rentals & Logistics accept a cancellation after the Customer's order has been accepted, it will be entitled to a cancellation fee (which may be charged to the Customer's credit card) of $25.00 if the cancellation occurs before 3:00 PM on the business day prior to the scheduled delivery, and a cancellation fee of $50.00 if the cancellation occurs after that time.

7. Weight restrictions and overload charges

The Customer is solely responsible for complying with the weight restrictions applicable to the Rental Equipment. The Customer acknowledges that: (a) each item/unit of Equipment has a designated weight specification and corresponding weight limit (which varies depending on the size and type of Equipment, as well as other factors); (b) the size or volume of a particular item/unit of Equipment does not determine the designated weight specification or weight limit applicable to that item/unit of Equipment; (c) local, municipal, city, county, or state laws, regulations, rules, and ordinances also govern and limit the weight or quantity of material that may be legally stored or transported on the Equipment; and (d) rain, water, snow, or ice that the Customer allows to accumulate on the Equipment may increase (and, in certain circumstances, exceed) the weight limit applicable to each specific piece of Equipment. The Customer acknowledges that they are solely and exclusively responsible for determining and strictly adhering to any applicable weight restrictions for their Equipment, including, but not limited to, covering or tarping the Equipment to prevent the accumulation of rain, water, snow, or ice. The Customer acknowledges that Prime Rentals & Logistics incurs charges and expenses related to transporting the loaded Equipment to landfills, and that these charges and expenses are based on the Equipment's weight. If the Customer fails to comply with applicable weight restrictions, Prime Rentals & Logistics may incur charges, expenses, penalties, or fines from a landfill or a third party, whether private or public, including, but not limited to, traffic fines or other consequential damages (collectively, the "Overload Charges"). In the event that Prime Rentals & Logistics incurs Overload Charges related to or in connection with the Customer's failure to comply with applicable weight restrictions, then, in addition to all other remedies to which Prime Rentals & Logistics may be entitled and in addition to all other amounts, fees, charges, and expenses owed by the Customer to Prime rentals & logistics (including the Customer's reimbursement of all such Overload Charges to Prime Rentals & Logistics), the Customer will pay Prime rentals & logistics a fee in excess of the applicable weight restriction for the Equipment ("Overload Fee"), as determined at Prime rentals & logistics' sole discretion. The Customer acknowledges and agrees that all Overload Fees assessed by Prime Rentals & Logistics against the Customer may be charged to the Customer's credit card.

8. Rental Rates

Daily rental rates are based on a 24-hour rental day, starting from the time of rental. Unless otherwise stated in the rental agreement between the Customer and Prime Rentals & Logistics, the rental period is 1 to 7 days, and the Customer will be charged $30.00 for each day exceeding the agreed rental period.

9. Permits

The Client acknowledges that certain locations and/or uses of the Equipment may require a local, municipal, county, and/or state permit, license, certification, or other approval related to the possession, placement, storage, and/or transportation of the Equipment (hereinafter, the "Permit"). The Client represents and warrants to Prime Rentals & Logistics that it is solely responsible for obtaining and maintaining all permits necessary for the possession and use of the Equipment.

10. Prohibited substances

The Customer acknowledges that local, municipal, county, state, or federal laws, regulations, rules, and ordinances prohibit the storage of certain items, materials, and substances on the Equipment (“Prohibited Substances”). These substances include, but are not limited to, tires, batteries, tree stumps, railroad ties, paints and lacquers, oils, asbestos, infectious waste, contaminated soil and absorbents, inks and resins, industrial drums, food waste, fuels, adhesives, coolants, and other toxic or hazardous materials and substances. A non-exhaustive list of certain Prohibited Substances is available on the Prime rentals & logistics website for your reference. The Customer acknowledges and agrees that he or she is solely and exclusively responsible for complying with all applicable laws related to Prohibited Substances, and will be liable for any charges, expenses, damages, losses, fines and/or penalties (including, but not limited to, traffic fines and penalties) related to the Customer's storage and/or transportation of Prohibited Substances on the Equipment.

11. Compensation

The Customer agrees to indemnify, defend, and hold harmless Prime Rentals & Logistics, including its officers, directors, members, employees, agents, affiliates, subsidiaries, successors, and assigns, against any and all claims, counterclaims, demands, actions, causes of action, damages, compensation, liens, attachments, judgments, debts, fines, penalties, charges, expenses, costs, or other liabilities of any kind or nature (collectively, "Losses") alleged by any third party arising out of or related to: (a) Overload Charges; (b) The Customer's failure to obtain or maintain the required Permit; (c) The Customer's use or storage of Prohibited Substances on the Equipment; (d) The loss or theft of the Equipment; (e) Damage to or destruction of the Equipment during the applicable rental period; (f) Personal injury or property damage related to the Customer's use or possession of the Equipment; (g) physical damage to streets, roads and/or vehicle entrances caused by the Equipment; and (h) breach by the Customer of these terms and conditions or the terms of any of the Rental Documents.

12. Disclaimer; Limitation of Liability and Disclaimer of Warranties. 

EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY Prime rentals & logistics, THE CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST Prime rentals & logistics RELATED TO OR ARISING OUT OF THE CUSTOMER'S RENTAL OF THE EQUIPMENT AND/OR THE COMPLIANCE OF Prime rentals & logistics ACCORDING TO THE RENTAL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO THE CUSTOMER'S PROPERTY, PAVEMENT, CURB, DRIVEWAYS, WALKWAYS, LANDSCAPING AND/OR LAWN RELATED TO OR ARISING OUT OF THE STORAGE OR TRANSPORTATION OF THE EQUIPMENT ON OR OVER THE CUSTOMER'S PROPERTY. THE RENTAL EQUIPMENT WILL BE PROVIDED "AS IS", AND Prime rentals & logistics MAKES NO WARRANTIES TO THE CUSTOMER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE, OR THAT THE EQUIPMENT WILL MEET YOUR REQUIREMENTS.

13. Applicable law; divisibility

Any dispute arising out of or relating to the Equipment rental transaction between Prime Rentals & Logistics and the Customer, including, but not limited to, these terms and conditions, the Rental Documents, and/or the Customer's possession and use of the Equipment, shall be construed and governed in accordance with the laws of the State of Texas, USA, including all aspects of interpretation, validity, and enforcement, without giving effect to its conflict of law provisions. Any provision of this document that may be prohibited by applicable law shall be ineffective to the extent of such prohibition and shall not invalidate the other provisions of this document.

14. Jurisdiction and competence

Any action arising out of or in connection with the Equipment rental transaction between Prime Rentals & Logistics and the Customer, including but not limited to these terms and conditions, the Rental Documents and/or the Customer's possession and use of the Equipment, will be commenced and prosecuted in the Cameron County, Texas, USA, Court of First Instance.

15. Assignment

Neither this rental transaction (including the Rental Documents), nor any part of the Customer's performance hereunder may be assigned by the Customer, in whole or in part, without the prior written consent of Prime rentals & logistics, which may be refused at its sole discretion.

16. Reservation of rights.  

Prime rentals & logisticsIt expressly reserves all rights and remedies available to it by law or equity. 

17. Full agreement and amendment

Upon acceptance by Prime rentals & logistics of the Customer's Equipment rental order, the terms and conditions set forth herein and the Rental Documents (including, but not limited to, all requirements set forth on the Prime rentals & logistics website) shall constitute the entire agreement between the Customer and Prime rentals & logistics, and no representations, correspondence, or other terms shall modify or affect the terms hereof. No changes to these terms and conditions shall be valid unless approved in writing by Prime Rentals & Logistics.