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Fleet Rental TERMS & CONDITIONS

Rental Service Terms - US (English) Rental of Equipment from or Provision of Services by Summit Peak Fleets Last Update: February 2026

The below terms apply to your rental of equipment from or provision of services by Summit Peak Fleets (an operating division of Summit Peak Builders & Renovations LLC).

Scope of Operations

Vehicle rentals (including trucks, cars, and other road-licensed vehicles under Section 28) are available nationwide in the United States.
All other Equipment rentals and Services (including but not limited to trench/shoring, scaffolding, portable sanitation, fencing, fluid solutions/tanks, power/HVAC, tool services, storage/office solutions, temporary structures, mats, autonomous equipment, telematics, Wedge system, and related specialty services in Sections 24–35) are provided only in the Northeast region: New Jersey, Pennsylvania, New York, Maine, New Hampshire, and Massachusetts (including the Boston area).

RENTAL AND SERVICE TERMS

Please read carefully. This agreement includes an indemnification clause, a class action and jury waiver, and limitations of Summit Peak Fleets’ liability. By accepting delivery of the Equipment or Services (defined below) or making payment(s) to Summit Peak Fleets for the same, Customer agrees to be bound by these Rental and Service Terms and the Terms and Conditions Regarding Electronic Communications that are made available by Summit Peak Fleets on its website at https://summitpeakbuilders.com/rental-terms-&-conditions, along with the Rental Protection Program Terms (“RPP”) (if applicable) that are made available by Summit Peak Fleets on its website at https://summitpeakbuilders.com/rental-terms-&-conditions, even if the Rental and Service Agreement has not been fully executed.

1. DEFINITIONS

“Agreement” means the Reservation Details (as defined below), together with the RPP (if applicable) and any associated Rental and Service Agreement (as defined below), including these Rental and Service Terms which are incorporated by reference therein.

“Credit Card” means the credit card provided by Customer as part of this Agreement or otherwise kept on file with Summit Peak Fleets.

“Customer” means the person or entity identified in the Reservation Details or any representative, agent, officer or employee of Customer.

“Equipment” means any one or more of the items identified as rental items in the Reservation Details and any accessories, attachments or other similar items delivered to Customer including, but not limited to any items rented in association with the Equipment or Services identified in the Specialty Terms in Sections 24-35 below, air hoses, electric cords, blades, welding cables, liquid fuel tanks and nozzles.

“Rental and Service Agreement” means the agreement made between Customer and Summit Peak Fleets for Summit Peak Fleets to rent Equipment and/or provide Services, whether that Agreement is made in person at the Store Location, online, or at the time of Equipment delivery, and which incorporates by reference these Rental and Service Terms and which identifies the Equipment to be rented by Customer. The Agreement incorporates these Rental and Service Terms by reference.

“Rental Period” means the period of time between the “Rental Out” and “Scheduled In,” set forth in the Rental and Service Agreement, except that the Rental Period may terminate earlier as provided in Sections 21 and 42 hereof or if Customer returns the Equipment earlier.

“Reservation Details” means the Equipment, Services, Rental Period, delivery information, payment information and other information set forth on the confirmation/order summary screen or the Rental and Service Agreement, as the case may be.

“Service” or “Services” means, as applicable, the delivery, installation, pick up and repair of Equipment and other services provided by Summit Peak Fleets in connection with the rental of Equipment, including Trench Services, Scaffolding Services, Portable Sanitation Services, Fluid Solutions Services, Power and HVAC Services and Tool Services (each as defined herein).

“Site” means Customer’s job site, worksite or, project location where the Equipment will be located and/or where the Services will be performed.

“Specialty Media” means specialty filtration materials purchased in connection with the rental of Equipment used for fluid solutions, such as sand, gravel, carbon, or other materials used to remove certain contaminants or other materials.

“Store Location” means the Summit Peak Fleets address set forth in the Rental and Service Agreement.

“Tanks” means the Equipment identified as rental items as part of the Fluid Solutions Services in which Customer stores materials.

“Taxes” means sales tax, goods and services tax, property taxes (including, without limitation, any estimated personal property tax reimbursement charges) or other taxes, levies and assessments required to be collected by Summit Peak Fleets from Customer at any time upon, or in respect of, the Equipment, Services and/or this Agreement.

“Summit Peak Fleets” means Summit Peak Builders & Renovations LLC, operating as Summit Peak Fleets.

2. AUTHORITY TO SIGN; FORM CONTRACTS

Any individual signing the Agreement represents and warrants that he or she is of legal age and has the authority and power to sign this Agreement on behalf of Customer.

3. INDEMNITY / HOLD HARMLESS

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD SUMMIT PEAK FLEETS, AND ALL OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AND AFFILIATES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE (A) INSTALLATION, OPERATION, USE, ALTERATION, MODIFICATION, REMOVAL, POSSESSION OR RENTAL OF THE EQUIPMENT, (B) CLAIMS BY ANY CUSTOMER, INDEPENDENT CONTRACTOR OR CUSTOMER EMPLOYEE, AGAINST CUSTOMER, INCLUDING BUT NOT LIMITED TO ANY CLAIM THAT CUSTOMER FAILED TO DISCLOSE OR OBTAIN CONSENT TO DATA COLLECTION CONTEMPLATED UNDER THIS AGREEMENT OR (C) ERRORS, OMISSIONS, INACCURACIES OR MISREPRESENTATIONS (WHETHER INTENTIONAL OR INADVERTENT) IN THE DOCUMENTS OR OTHER INFORMATION PROVIDED BY CUSTOMER, OR OBTAINED FROM OTHERS (INCLUDING ANY THIRD-PARTY DOCUMENTS OR DOCUMENTATION), UPON WHICH SUMMIT PEAK FLEETS RELIES WHEN PROVIDING THE EQUIPMENT OR SERVICES. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST SUMMIT PEAK FLEETS BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY SUMMIT PEAK FLEETS FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF SUMMIT PEAK FLEETS. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE AGREEMENT.

4. INSPECTION OF EQUIPMENT

Customer acknowledges that Customer has inspected the Equipment prior to taking possession thereof, finds it in good working order and repair, and suitable for Customer’s needs. Customer further acknowledges that Customer has inspected the propulsion tank of Vehicles (as defined in Section 28) registered and licensed, or required to be registered and licensed, for use on any highway or public road prior to taking possession thereof, and such propulsion tank contained no dyed fuel. Customer has inspected or will inspect all hitches, bolts, safety chains, hauling tongues, and other devices and materials used to connect the Equipment to Customer’s towing vehicle, if any. Customer acknowledges Summit Peak Fleets is not responsible for any damage to Customer’s towing vehicle caused by detachable hitches or mirrors. With respect to the rental of Tanks, Customer shall take independent action to ensure that any materials Customer stores in the Tanks are chemically compatible with the Equipment. Customer shall provide Summit Peak Fleets with the safety data sheet or verified laboratory tests that identify the material Customer stores in the Tanks. If Customer discovers any malfunction or defect in Equipment, Customer shall promptly notify Summit Peak Fleets. Customer shall abide by all third-party manufacturer requirements regarding repair, maintenance, and notice.

5. LIMITATION OF LIABILITY

In no event shall Summit Peak Fleets be liable or responsible to Customer or any other party for: (i) any loss, damage or injury caused by, resulting from or in any way connected with the Equipment, its operation or its use, or Services; (ii) Summit Peak Fleets’ failure to deliver the Equipment as required hereunder or Summit Peak Fleets’ failure to repair or replace non-working Equipment; (iii) any incidental, consequential, punitive or special damages, including damages resulting from the delay to any ongoing projects, in connection with this Agreement or its subject matter under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or product liability, even if so advised of the possibility of such damages, if such damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose; (iv) any civil penalties regarding compliance with any Federal, State or Local law or regulation related to use of the Equipment and any attorney fees and costs for any private enforcer pursuing such civil penalties; or (v) any liquidated damages. Customer acknowledges and assumes all risks inherent in the operation, use and possession of the Equipment from the time the Equipment is delivered to Customer until the Equipment is returned to Summit Peak Fleets and will take all necessary precautions to protect all persons and property from injury or damage from the Equipment.

6. CUSTOMER RESPONSIBILITIES

Customer shall provide Summit Peak Fleets with the information and the documentation Summit Peak Fleets requests to assess, plan, and perform the Services and/or provide the Equipment. All Equipment is provided, and Services are performed, based on information provided by Customer or others, including the Database Information (as defined below), and Summit Peak Fleets is relying on the accuracy and completeness of such information in providing the Equipment and performing such Services. Customer recognizes that it is impossible for Summit Peak Fleets to assure the accuracy, completeness and sufficiency of information provided by others, either because it is impossible to verify, or because of errors or omissions that may have occurred in assembling such information. Customer is responsible for providing a secure and safe work environment for all parties, including Summit Peak Fleets and its employees, and for ensuring that the Services are carried out in compliance with applicable laws. In the event that Summit Peak Fleets, in its sole discretion, determines that it is unable to perform, or needs to delay the performance of, the Services because Customer, or its third-party contractors, have not provided a secure and safe work environment, have failed to provide accurate or complete information, have caused delays, or have otherwise failed to comply with their responsibilities, Summit Peak Fleets (i) reserves the right to refuse to provide the Services and/or provide the Equipment; and (ii) shall not be responsible to Customer for any liability whatsoever. Additionally, Customer shall be responsible for any increased costs (including waiting time) incurred by Summit Peak Fleets as a result of such actions.

7. EQUIPMENT USE

7.1. USE OF EQUIPMENT. Customer is familiar with the proper operation and use of each item of Equipment. Customer has selected the Equipment based on its requirements and will not use or allow anyone to use the Equipment for an illegal purpose or in an illegal manner; without a license, if required under any applicable law; or who is not a Qualified Operator (as defined in Section 28.1. herein). Customer shall not insert, or permit to be inserted, any dyed fuel into the propulsion tank of Vehicles registered and licensed, or required to be registered and licensed, for use on any highway or other public road. In addition, Customer shall only use ultra-low-sulfur diesel fuel in equipment with tier 5 engines. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD SUMMIT PEAK FLEETS HARMLESS FROM ALL FINES, PENALTIES, DAMAGE TO EQUIPMENT AND ANY OTHER COSTS INCURRED BY SUMMIT PEAK FLEETS DUE TO DYED FUEL BEING INTRODUCED INTO THE PROPULSION TANK OF SUCH VEHICLES. Customer agrees to: (i) check filters, oil, fluid levels and tire air pressure; (ii) clean and visually inspect the Equipment daily; and (iii) immediately cease using the Equipment and immediately notify Summit Peak Fleets if Equipment needs repair or maintenance. Customer acknowledges that Summit Peak Fleets has no responsibility to inspect the Equipment while it is in Customer’s possession. Summit Peak Fleets shall have the right to replace the Equipment with other reasonably similar equipment at any time and for any reason.

7.2. REGULATED MATERIALS. If Customer intends to use the Equipment for the storage and handling of Regulated Materials (as defined herein), the following terms set forth in this Section shall apply.

7.2.1. Definitions. “Regulated Materials” includes any material, substance or waste that falls into the following five categories: (i) “Hazardous Materials,” as defined or listed or regulated by any local, state, or federal government authority; (ii) “DOT Hazardous Materials,” as defined or identified as “hazardous material” by the Department of Transportation (“DOT”) as set forth in 49 C.F.R. Parts 171 to 180; (iii) “Polychlorinated Biphenyls” or “PCBs,” meaning any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees or any combination of substances which contains such substance, and which are regulated under the Toxic Substances Control Act and its implementing regulations found at 40 C.F.R. part 761; (iv) “Radioactive Materials,” identified by any local, state, or federal government authority as being radioactive; and (v) “Infectious Materials,” meaning any infectious substance, material, or waste that is defined, listed, or regulated by any local, state, or federal government authority. “Non-Hazardous Waste” means any material, substance or waste that does not fall under the definition of Regulated Materials.

7.2.2. Tank Testing. Customer acknowledges that the Equipment may have contained Regulated Materials in the past. Customer may, at Customer’s expense, test the Equipment for the presence of residual amounts of Regulated Materials prior to taking possession of the Equipment. In the event that residual amounts of Regulated Materials are detected in the Equipment by preliminary testing, Customer may notify Summit Peak Fleets, and request new Equipment or Customer may terminate the rental. If Customer elects to continue use of the Equipment or elects not to test the Equipment, Customer will be bound by the terms set forth herein and waives any right to object to the presence of Regulated Material in the Equipment resulting from any prior use and agrees that the Equipment is suitable for Customer’s intended use. Upon expiration or termination of the Rental Period, but before the Equipment is returned to Summit Peak Fleets, Customer shall, at Customer’s sole expense, remove all Regulated Materials from the Equipment and clean the Equipment to one of the following standards: (i) for Hazardous Substances: to the Resource Conservation and Recovery Act (“RCRA”) “empty” condition, as defined in 40 C.F.R. § 261.7(b)(3) (“RCRA Empty Condition”); or (ii) for DOT Hazardous Materials, PCBs, Radioactive Materials, or Infectious Materials: to Non-detect contamination levels (“NDCL”).

7.2.3. Cleaning. Prior to return, Customer shall clean the Equipment in accordance with the following requirements: (i) Cleaning must be performed by an independent contractor acceptable to Summit Peak Fleets; (ii) it must be documented to Summit Peak Fleets’ satisfaction; (iii) When a NDCL is required, Equipment must be triple rinsed using a solvent capable of removing Regulated Materials, then purged to remove any vapors. Equipment can also be cleaned by another method capable of achieving equivalent removal to a NDCL; (iv) For Radioactive Materials, cleaning must comply with cleaning procedures set forth in the U.S. Nuclear Regulatory Commission’s (“NRC”) Regulatory Guide 1.86 to achieve a NDCL; and (v) the independent contractor must certify that the cleaning meets the above specifications.

7.2.4. Sampling. After cleaning, Customer will confirm the Equipment’s RCRA Empty Condition or NDCL, as applicable, by obtaining a professional written laboratory analysis of representative samples taken from various internal parts of the Equipment. Customer agrees the sampling must be: (i) performed by an independent contractor acceptable to Summit Peak Fleets; (ii) documented to Summit Peak Fleets’ satisfaction; (iii) taken from various internal parts of the Equipment including at a minimum, the floor, the underside of various cross-braces, and each wall (“Representative Samples”); (iv) conducted in the presence of and pursuant to the direction of a designated employee of Summit Peak Fleets. Customer agrees to contact Summit Peak Fleets to schedule an appointment for an employee of Summit Peak Fleets to witness the sampling not less than ten (10) business days prior to the termination of the rental term. For intermodal, roll-off, and vacuum container Equipment, in addition to the above requirements, Customer agrees that: (v) Initially, 20% of the intermodal, roll-off, or vacuum container Equipment rented by Customer will be tested by the third-party laboratory. Based on satisfactory initial sampling results, and Summit Peak Fleets’ sole discretion, that figure may be reduced to 10%, random sampling; (vi) If liners are not used, or if any intermodal, roll-off or vacuum container Equipment fails the testing procedures outlined in Section 7.2, then 100% sampling of all intermodals, roll-offs or vacuum container equipment will be required.

7.2.5. Sample Analysis. Customer agrees that the analysis of the sampling must: (i) be performed by a laboratory acceptable to Summit Peak Fleets that is certified to perform such analysis by the state in which the Equipment is located; (ii) be documented to Summit Peak Fleets’ satisfaction and must include a record of the chain of custody for the Representative Samples; (iii) meet or exceed protocols established by the U.S. Environmental Protection Agency or the NRC, as applicable.

7.2.6. Return. Customer shall return the Equipment in a RCRA Empty Condition or NDCL in accordance with the terms set forth herein. If the Equipment does not meet the standard, Customer will undertake additional cleaning of Equipment, in accordance with all applicable law, to meet the standard, and will provide Summit Peak Fleets with written evidence of same. Summit Peak Fleets will not pick up the Equipment and Customer will continue to pay rental charges until the Equipment has been cleaned to the standards specified herein. In the event that Customer is unable to clean the Equipment in accordance with the terms set forth herein, Customer shall pay Summit Peak Fleets for the full replacement value of the Equipment, plus any applicable taxes. Customer agrees that in such event it assumes full ownership of and responsibility for the Equipment and any residual contents and all related liability for the management, transportation and disposal of such Equipment in accordance with all applicable laws. Customer agrees that it shall be the generator of any hazardous, solid, or radioactive waste generated as a result of Customer’s failure to return the Equipment in a RCRA Empty Condition or NDCL, and of any residual materials resulting from Customer’s attempt to clean the Equipment. CUSTOMER FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD SUMMIT PEAK FLEETS HARMLESS FOR ANY LIABILITY INCURRED BY SUMMIT PEAK FLEETS AS A RESULT OF CUSTOMER’S BREACH OF ITS OBLIGATIONS IN THIS SECTION OR AS A RESULT OF SUMMIT PEAK FLEETS BEING DEEMED A “GENERATOR” UNDER APPLICABLE ENVIRONMENTAL LAWS. The foregoing indemnity obligation shall survive the termination or expiration of this Agreement.

8. COMPLIANCE WITH APPLICABLE LAWS

Customer shall, at Customer’s sole expense, comply with all applicable municipal, state, and federal laws, ordinances and regulations (including but not limited to those relating to worker safety or the environment), building and zoning codes, professional licenses, and licenses and permits which may apply to the use of the Equipment or the receipt of Services (“Licenses and Permits”). Licenses and Permits include, without limitation, the discharge of treated water, and disposal of waste or spent Specialty Media or other materials, and security, traffic control and road crossings associated with the use of the Equipment or the receipt of Services. When transporting Non-Hazardous Waste (as defined in Section 7.2.1), Summit Peak Fleets shall not be deemed to have taken license of any Non-Hazardous Waste and Customer shall remain the generator of such waste. Customer shall be subject to the provisions of Section 7.2 if any materials being transported are Regulated Materials. Customer shall ensure that the Equipment at all times remains movable personal property. Customer shall not permit or allow the Equipment to be incorporated, attached or joined to any real or immovable property such that it causes the Equipment to be deemed a fixture.

9. WARRANTY / DISCLAIMER OF WARRANTIES

SUMMIT PEAK FLEETS WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD WORKING ORDER UPON DELIVERY AND THE SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SUMMIT PEAK FLEETS MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE EQUIPMENT, SPECIALTY MEDIA, OR SERVICES AND MAKES NO WARRANTIES AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING THE PERFORMANCE OF ANY FILTRATION EQUIPMENT TO MEET ANY APPLICABLE REGULATORY STANDARD. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER’S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS OR CONTAMINANTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THE AGREEMENT, SUMMIT PEAK FLEETS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL TRANSACTION. IN THE EVENT OF A BREACH OF THE ABOVE EQUIPMENT WARRANTY, SUMMIT PEAK FLEETS SHALL, AT ITS SOLE COST AND EXPENSE, REPAIR OR REPLACE THE EQUIPMENT. IN THE EVENT OF A BREACH OF THE ABOVE SERVICE WARRANTY, SUMMIT PEAK FLEETS SHALL, AT ITS SOLE COST AND EXPENSE, RE-PERFORM THE SERVICE.

10. MALFUNCTIONING EQUIPMENT

Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and immediately notify Summit Peak Fleets. If such condition is the result of normal operation, Summit Peak Fleets will repair or replace the Equipment with reasonably similar Equipment in working order, if such replacement Equipment is available. Summit Peak Fleets has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Customer’s sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure. Customer must return the Equipment to the Store Location within twenty-four (24) hours from the time of defect in order to terminate rental charges.

11. RETURN OF EQUIPMENT / DAMAGED & LOST EQUIPMENT

11.1. At the expiration of the Rental Period, Customer will return the Equipment to the Store Location during Summit Peak Fleets’ regular business hours or if Summit Peak Fleets has agreed to pick up the Equipment, Summit Peak Fleets shall endeavor to pick up the Equipment within a commercially reasonable period of time after Customer notifies Summit Peak Fleets that the Equipment is called “off rent.” Customer is obligated to restore the Equipment to the same condition as when delivered, reasonable wear and tear (as defined below) excepted. Tanks shall be empty of all contents as required by any applicable federal, state or local regulation, including but not limited to those set forth in the RCRA. Customer shall be responsible for all damages to or loss of the Equipment from the time Customer takes possession of the Equipment until the Equipment is either returned to the Store Location by Customer or picked up by Summit Peak Fleets. In the case of the loss or destruction of any Equipment, or inability or failure to return same to Summit Peak Fleets for any reason whatsoever, Customer will pay Summit Peak Fleets the then full replacement list value of the Equipment together with the full rental rate as specified until such Equipment is replaced. If the Equipment is returned in a damaged or excessively worn condition, Customer shall pay Summit Peak Fleets the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been completed. Summit Peak Fleets shall be under no obligation to commence repair work until Customer has paid to Summit Peak Fleets the estimated cost therefor. Customer agrees that Summit Peak Fleets reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to damaged or lost Equipment.

11.2. DISINFECTING. During a widespread or global occurrence of an infectious disease, for Equipment handled by a person known or suspected to be infected or used in a known or suspected zone of infection including but not limited to permanent or temporary healthcare facilities and testing facilities, ambulance interiors, and biological laboratories, Customer shall disinfect the Equipment in accordance with the following requirements: (i) disinfection must be performed by an independent contractor acceptable to Summit Peak Fleets; (ii) it must be documented to Summit Peak Fleets’ satisfaction; (iii) in the event Customer is unable to disinfect in accordance the Equipment, Summit Peak Fleets will disinfect it and charge Customer for the costs incurred.

12. REASONABLE WEAR AND TEAR

Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one-shift basis (as defined in Section 15.1 below). The following shall not be considered reasonable wear and tear: (i) damage resulting from lack of lubrication, insertion of improper fuel or maintenance of necessary oil, water and air pressure levels; cavitation; or freezing; (ii) except where Summit Peak Fleets expressly assumes the obligation to service or maintain the Equipment, any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer’s operation and maintenance manual; (iii) damage resulting from any collision, overturning or improper operation, including overloading or exceeding the rated capacity of the Equipment; (iv) damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of the Equipment or any part thereof; (v) wear resulting from use in excess of shifts for which rented; (vi) damage caused by adverse weather conditions; and (vii) any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry.

13. LATE RETURN

Customer agrees that if the Equipment is not returned by the end of the Rental Period, Summit Peak Fleets, in its sole discretion, may require Customer to do any of the following: (i) continue to pay the rental rate(s) applicable to the Equipment as specified in the Agreement; (ii) for periods less than 24 hours, pay the full daily rental rate applicable to the Equipment; (iii) pay any increased rental rate(s) in effect at the time of, or after, the expiration of the Rental Period; or (iv) assess a pickup charge if applicable. Customer agrees that Summit Peak Fleets reserves the right to charge the Credit Card, and/or Customer’s account for any amount owed by Customer pursuant to this section due to late return of Equipment.

14. CUSTOMER PERSONAL PROPERTY

With respect to any personal property left in or on the Equipment upon expiration of the Rental Period, Summit Peak Fleets is not a bailee or warehouseman of Customer’s, or any other person’s, personal property. Summit Peak Fleets expressly disclaims any custody, control, or responsibility for the care of Customer’s, or any other person’s, personal property. Summit Peak Fleets or its agents may remove the personal property from the Equipment. Under no circumstances are Summit Peak Fleets or its agents responsible for any personal property that may be lost, stolen, or damaged. Customer personal property left in or on the Equipment upon expiration of the Rental Period may be considered abandoned, unclaimed property in accordance with applicable state law.

15. RENTAL PERIOD / CALCULATION OF CHARGES

15.1. Rental charges commence when the Equipment leaves the Store Location and end when the Equipment is either returned to the Store Location during Summit Peak Fleets’ regular business hours or picked up by Summit Peak Fleets after Customer notifies Summit Peak Fleets that the Equipment is “off rent” and obtains an “off rent” confirmation number from Summit Peak Fleets. Pick-up and delivery by Summit Peak Fleets is subject to a “Delivery and Pick-up Service Charge,” the amount(s) of which are disclosed on the Rental and Service Agreement. Rental charges do not include the cost of the Refueling Service Charge (defined in Section 16 below), any applicable Taxes, the Delivery and Pickup Service Charge, transportation surcharges, the cost of the Environmental Service Charge (defined in Section 17 below) or other miscellaneous charges, the amount(s) of which are disclosed on the Rental and Service Agreement. Additionally, Summit Peak Fleets shall invoice Customer for any additional excess cleaning or repair costs, including: (i) removal of any alterations made by Customer to the Equipment; (ii) restoration of the Equipment to its original configuration; (iii) disposal of any contents left in Equipment; or (iv) transportation to and from an approved repair facility. Rental charges accrue during Saturdays, Sundays and Holidays. Rental rates are for normal “one-shift” usage based on an eight (8) hours per day, 40 hours per week and 160 hours per four-week period. On power equipment, operations in excess of one shift will be as follows: one and one-half times the rental charge for double shift and two times the rental charge for triple shift. Customer will truthfully and accurately certify to Summit Peak Fleets the number of shifts the Equipment was operated. Customer’s right to possess the Equipment terminates on the expiration of the Rental Period and retention of possession after this time is a material breach of the Agreement.

16. REFUELING SERVICE CHARGE

Customer acknowledges that a refueling service charge (“Refueling Service Charge”) will be applied to all Equipment not returned with a full tank of fuel. The exact cost of the Refueling Service Charge may vary depending on the rate being charged by the Store Location on the date Customer returns the Equipment. Customer acknowledges that the Refueling Service Charge is not a retail sale of fuel. Customer may avoid the Refueling Service Charge if Customer returns the Equipment with a full tank of fuel.

17. ENVIRONMENTAL SERVICE CHARGE

Due to the hazardous nature of some waste and other products, to comply with federal and state environmental regulations, and to promote a clean environment, Summit Peak Fleets charges an environmental service charge (“Environmental Service Charge”) for certain rentals. The Environmental Service Charge is not a government-mandated charge, is not designated for any particular use, and is used at Summit Peak Fleets’ discretion. The Environmental Service Charge is 2.00% of the service charge and will not exceed $99. Customer acknowledges the items indicated above are subject to the Environmental Service Charge and Customer agrees to pay that Environmental Service Charge.

18. DEPOSIT AND PAYMENT

18.1. DEPOSIT: Customer’s Credit Card will be charged a deposit for the estimated rental (up to 28 days) 24 hours in advance of the scheduled rental start time. In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the terms of this Agreement to be performed by Customer. In the event of any breach by Customer, the deposit will be credited against any damages, cost or expense incurred by Summit Peak Fleets as a result of the breach.

18.2. PAYMENT: All remaining amounts due hereunder shall be payable in full upon receipt of invoice by Customer. Customer acknowledges that timely payment of Equipment rental and Service charges is essential to Summit Peak Fleets’ business operations and it would be impractical and extremely difficult to fix the actual damages caused by late payment. Customer and Summit Peak Fleets agree that there shall be added to all past due charges a late payment fee equal to the lesser of two percent (2%) per month (24% per annum) on any such payments outstanding after 30 days, or the maximum amount allowed by applicable law. Where permitted by law, Summit Peak Fleets may impose a surcharge of 2.0% for credit card payments on charge accounts. This surcharge is not greater than Summit Peak Fleets’ merchant discount rate for credit card transactions and is subject to sales tax in some jurisdictions. Rental and Service charges do not include Taxes. Customer agrees that Summit Peak Fleets reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to late or past due payment(s), pickup or delivery charge(s), extended rental(s), rental or Service charges or Taxes. In the event Customer asserts that a transaction is exempt from Taxes, Customer agrees to provide a valid tax exemption certificate. Should the transaction later be deemed taxable, Customer is obligated to reimburse Summit Peak Fleets for any Tax assessed that was attributable to Customer.

19. TITLE / NO PURCHASE OPTION / NO LIENS

With the exception of Specialty Media, the Agreement is not a contract of sale, and title to the Equipment shall at all times remain with Summit Peak Fleets. Unless covered by a specific supplemental agreement signed by Summit Peak Fleets, Customer has no option or right to purchase the Equipment. Customer shall keep the Equipment free and clear of all mechanics and other liens and encumbrances.

20. TIRE AND TUBE REPAIR OR REPLACEMENT

Repair or replacement of tires and tubes on Equipment is the responsibility of Customer and is not included in the rental rate.

21. DEFAULT

Customer shall be deemed in default should Customer fail to pay any amount when due hereunder; fail to perform, observe or keep any provision of the Agreement; become “Insolvent” (as defined herein), or should Summit Peak Fleets anticipate that Customer may become Insolvent; or otherwise be in default. If Customer is in default, Summit Peak Fleets may do any one or more of the following: (i) terminate the Rental Period; (ii) declare the entire amounts due hereunder immediately due and payable and commence legal action therefor; (iii) cause Summit Peak Fleets’ employees or agents, with notice but without legal process, to enter upon Customer’s property and take all action necessary to retake and repossess the Equipment, and Customer hereby consents to such entry, re-taking and repossession and hereby waives all claims for damages and losses, physical and pecuniary, caused thereby and shall pay all costs and expenses incurred by Summit Peak Fleets in retaking and repossessing the Equipment; or (iv) pursue any other remedies available by law. Customer shall be considered “Insolvent” if Customer shall generally not pay, or be unable to pay, or admit its inability or anticipated inability to pay its debts as such debts become due; make an assignment for the benefit of creditors, or petition or apply to any court or tribunal for the appointment of a custodian, receiver, or trustee for it or a substantial part of its assets; commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or hereafter in effect; have had any such petition or application filed or any such proceeding commenced against it in which an order for relief is entered or an adjudication or appointment is made; or take any action indicating its consent to, approval of or acquiescence in any such petition, application, proceeding or order for relief or the appointment of a custodian, receiver or trustee for all or any substantial part of its properties.

22. CUSTOMER'S INSURANCE COVERAGE

Customer agrees to maintain and carry, at Customer’s sole cost, the following insurance: (i) commercial auto liability insurance with at least a per occurrence limit of $2 million; (ii) commercial general liability insurance (“CGL”) (providing coverage equal to or greater than the standard ISO CG 00 01 12 04 form) with limits of insurance not less than $2 million per occurrence and $4 million in the aggregate; and (iii) property insurance for the full replacement cost of the Equipment, including coverage for all risks of loss or damage to the Equipment. Customer shall obtain insurance policies that provide, or are endorsed to provide, that all insurance required hereunder is primary and non-contributory to any other insurance maintained by Summit Peak Fleets. Customer shall name Summit Peak Fleets as an additional insured for claims arising out of the maintenance, operation, or use by the Customer of equipment rented to Customer by Summit Peak Fleets (providing coverage equal or greater than the standard ISO CG 20 28 07 04 or its equivalent), and, if applicable, additional loss payee for property insurance. Customer further agrees that the amount of insurance available to Summit Peak Fleets shall be for the full amount of the loss up to policy limits of liability and shall not be limited to the minimum requirements of this Agreement. In the event any policy provided in compliance with this Agreement states that the insurance afforded to an additional insured will not be broader than that required by contract, or words of similar meaning, Customer agrees that nothing in this Agreement is intended to restrict or limit the breadth of such insurance. Any deductibles or self-insured retentions shall be the sole responsibility of the Customer. All insurance required by this Agreement shall include a waiver of rights of recovery against Summit Peak Fleets or its insurers by the Customer and its insurers, as well as a waiver of subrogation against Summit Peak Fleets or its insurers. The policies required hereunder shall provide that Summit Peak Fleets must receive not less than 90 days’ notice prior to any cancellation. Customer shall provide Summit Peak Fleets with documented proof of all required insurance coverage. FOR RENTAL OF EQUIPMENT NOT LICENSED FOR ROAD USE, CUSTOMER MUST EITHER (i) ELECT TO NAME SUMMIT PEAK FLEETS AS LOSS PAYEE EVIDENCING PROPERTY INSURANCE COVERAGE, OR (ii) ELECT TO PURCHASE THE RENTAL PROTECTION PROGRAM.

23. NO ASSIGNMENT, LENDING OR SUBLETTING

Customer shall not sublease, subrent, assign or loan the Equipment without first obtaining the written consent of Summit Peak Fleets, and any such action by Customer, without Summit Peak Fleets’ written consent, shall be void. Customer agrees to use and keep the Equipment at the Site set forth in the Agreement unless Summit Peak Fleets approves otherwise in writing. Summit Peak Fleets may at any time, without notice to Customer, transfer or assign the Agreement or any Equipment or any moneys or other benefits due or to become due hereunder.

SPECIALTY SERVICES AND EQUIPMENT

The terms and conditions set forth in Sections 24-35 below (the “Specialty Terms”) supplement the overall Rental Service Terms. All of the Rental Service Terms in this agreement apply to the specialty Equipment and Services listed below. In the event of a conflict between the overall Rental Service Terms and the Specialty Terms, the applicable Specialty Terms shall prevail.

24. TRENCH SERVICES

“Trench Services” may include the engineering, delivery and pickup of the trench/shoring system (the “System”). The System is to be used in complete accordance with any manufacturer’s tabulated data that is provided therefor. Summit Peak Fleets makes no representation or warranty about, and shall not be responsible for, such data. If Summit Peak Fleets provides an on-Site observer (the “Observer”) to observe the installation of the System, neither the presence of the Observer at the Site nor the provision of the Trench Services by Summit Peak Fleets shall relieve Customer, and Customer assumes full responsibility for, the construction means, methods, sequence, techniques and procedures necessary to use the Equipment, including but not limited to the assembly, installation, welding, maintenance, deflection, dewatering and removal of the System in accordance with the requirements of this Agreement, the Occupational Safety and Health Administration Act (“OSHA”) and all other applicable federal, state, and local laws, rules, regulations, and ordinances. Customer agrees that it shall be solely responsible to retain, at its sole cost and expense, a competent person to oversee the implementation of and approve, and ensure that, the assembly, installation, welding, construction, maintenance, deflection, dewatering and removal of the System, including field reviews thereof, is performed and completed by or on behalf of Customer in strict compliance with all applicable municipal, state, and federal laws, ordinances and regulations or otherwise prescribed by local governing bodies or self-regulatory organizations.

25. SCAFFOLDING SERVICES

“Scaffolding Services” may include the installation and dismantling of scaffolding, including all parts and accessories thereto. Unless otherwise agreed to by the parties in writing, Customer shall (i) provide a clean, unobstructed, and safe area to perform the Scaffolding Services; (ii) move planking, sidewall brackets, and guardrails as necessary for completion of the Scaffolding Services; (iii) install toe boards, mesh, and/or patch ties in holes; (iv) maintain and use the Equipment in accordance with OSHA and all other applicable state and local regulations as well as the manufacturer’s safety rules and instructions; (v) keep all persons (other than Summit Peak Fleets employees) off and away from the Equipment during its erection and dismantling; (vi) take reasonable steps to protect all buildings, properties, and grounds, including but not limited to grass and landscaping; (vii) be solely responsible for providing all necessary and required fall protection to employees and others using the Equipment in compliance with OSHA regulations; and (viii) be solely responsible for determining if the ground, slab, roof, or structure(s) the Equipment is set upon is/are capable of supporting the loads, people, and materials used and placed upon the Equipment. In addition, Customer shall be responsible for obtaining all required permits necessary for the Scaffolding Services. Upon completion of the installation, Customer shall sign the customer acceptance certificate provided by Summit Peak Fleets.

Fleet Rental TERMS & CONDITIONS

Rental Service Terms - US (English) Rental of Equipment from or Provision of Services by Summit Peak Fleets Last Update: February 2026

The below terms apply to your rental of equipment from or provision of services by Summit Peak Fleets (an operating division of Summit Peak Builders & Renovations LLC).

26. PORTABLE SANITATION AND FENCING SERVICES

“Portable Sanitation Services” are optional and available upon request, and may include the periodic removal of domestic septic waste, cleaning of the portable restroom, holding tanks and other equipment, and the replenishment of supplies used with the equipment. When requested, Portable Sanitation Services will be provided once per week for the restrooms and for holding tanks. Additional servicing frequency is also available upon request and shall be charged on a per unit basis. If personnel are unable to service rest rooms and holding tanks or other equipment during regularly-scheduled service times, additional fees may be charged to return for such service. Upon request, Summit Peak Fleets may install or repair a connection to holding tanks for an additional fee. Customer shall not insert any hazardous materials in the rest rooms, holding tanks or other equipment, move the rest rooms, holding tanks or other equipment or attach any materials to the rest rooms, holding tanks or other equipment (including, but not limited to, tape, adhesives, posters, staples, mesh, etc.) without the prior written permission of Summit Peak Fleets. Customer is responsible for staking portable toilet units to the ground or otherwise securing units to immovable objects.

“Fencing Services” may include the installation, relocation and removal of panel fencing and post-driven fencing. Additional fees may be charged for any fencing layout changes or extensions not part of the original quote. Customer is responsible for marking utilities for post-driven fencing, and maintaining the fencing once it is installed on Site.

For both Portable Sanitation Services and Fencing Services, Customer shall ensure that Summit Peak Fleets has access to the Site for delivery and pick-up, and that the Equipment is accessible to Summit Peak Fleets personnel and located in a clean, unobstructed and safe area. With respect to delivery and pick-up of the Equipment, in the event that Summit Peak Fleets, in its sole discretion, determines that it is unable to perform the Portable Sanitation Services or Fencing Services because Customer has not provided a secure and safe work environment, or if Summit Peak Fleets determines in its sole discretion that delivery or pick-up of the Equipment may result in property damage, Summit Peak Fleets reserves the right to refuse to provide the Portable Sanitation Services or Fencing Services without any liability whatsoever to Customer and Customer shall be responsible for any increased costs incurred by Summit Peak Fleets. If Customer requests Summit Peak Fleets deliver or pick-up the equipment notwithstanding that Summit Peak Fleets has advised Customer that property damage may occur, Customer hereby releases Summit Peak Fleets from any and all liability for any such damage that may occur. Customer is responsible for obtaining any and all required permits necessary for Portable Sanitation and Fencing Services. Additional fees may be charged for damage, tip-overs, relocation of the rest rooms or fencing on the same Site, and vandalism/graffiti.

27. FLUID SOLUTIONS SERVICES

“Fluid Solutions” means fluid storage, transfer, and/or treatment, and includes but not limited to, the rental of Tanks, pumps, filtration, and any accessories, attachments, or other items delivered to Customer, as well as any ancillary services thereto. Fluid Solutions may include the design, installation, operation, ongoing maintenance, monitoring, and dismantling of the Fluid Solutions system (“Fluid Solutions Services”). Customer shall provide accurate measurements, specifications and any supporting documentation to assist in the Fluid Solutions Services as requested by Summit Peak Fleets. Unless otherwise agreed to by the parties, Customer shall (i) have adequate lifting equipment on Site to load and unload during set up and break down; (ii) insert, remove and maintain sewer pipe plugs and suction screens as necessary; (iii) provide any and all containment and required matting; (iv) obtain any and all rights of way, permits, and easements as necessary; (v) provide adequate staging areas, water sources, and access thereto; (vi) provide necessary controls of erosion, odor and traffic, including Site restoration, as necessary; (vii) provide fueling and/or adequate power, including cable and an electrician, as necessary; (viii) perform daily inspection and maintenance of the Equipment during the Rental Period; and (ix) provide access at all times to the Fluid Solutions system and a clean, unobstructed and safe area to perform the Fluid Solutions Services.

27.2. Scope of Services and Change Orders. The scope of services (“Scope”) provided for each job shall be incorporated into the Agreement. Unless specifically agreed to in the Scope, Customer, at its cost and expense, shall obtain all required building and construction permits, inspections, or certificates, as well as any permissions and authority necessary to perform the Fluid Solutions Services. If the type of liquid, including its constituents and other characteristics (for example, viscosity, turbidity), the volume or the rate of flow (whether due to weather or other factors not specifically under Summit Peak Fleets’ control), or any other material information on which Summit Peak Fleets relied when designing the Fluid Solutions Services materially change at any time, Summit Peak Fleets shall notify Customer and request an emergency change order (“Emergency Change Order”). Customer acknowledges that, due to the nature of the Fluid Solutions Services which are tailored to specific information and data, in the event of such material change, it is imperative that Customer immediately respond to any request for Emergency Change Order to avoid a spill or other incident. Therefore, Customer shall designate one or more authorized representatives who will be available to Summit Peak Fleets 24/7/365 to respond to such requests. Customer agrees that the verbal or written approval (whether by email or text or other document) of such designated representative shall be binding and shall be subject to the terms and conditions set forth in the Agreement. Further, if Customer’s authorized representative does not immediately respond to such request, Customer agrees that Summit Peak Fleets, in its sole discretion, may take the action it deems most effective to mitigate any spill, incident or accident and Customer further waives the right to contest such action, agrees that Summit Peak Fleets shall not be liable to Customer in connection with such action, and Customer shall be responsible for the additional costs incurred thereby.

27.3. Specialty Media. Specialty Media shall be deemed purchased under this Agreement on an AS-IS, WITH ALL FAULTS basis and is non-refundable once delivered to Customer. At the expiration of the rental period, Customer is responsible for emptying and disposing of all Specialty Media in compliance with applicable law. Any spent Specialty Media Customer generates is subject to disposition facility acceptance testing, at Customer’s sole cost and expense. The disposition facility may periodically re-test spent Specialty Media to assure it remains acceptable for disposition. If spent Specialty Media testing determines the spent Specialty Media is unacceptable for any designated disposition facility, use of an alternate disposition facility may result in additional cost and Customer shall pay said additional cost. Customer shall provide any and all information required by the disposition facility or to Summit Peak Fleets, related to the evaluation of the acceptance of spent Specialty Media.

27.4. POWER AND HVAC. “Power and HVAC Services” may include power and Heating, Ventilation and Air Conditions (“HVAC”) system start-up support, installation of low voltage cables, installation of temporary chilled water piping, on-Site training for Customer’s employees, 24/7 technical assistance and on-Site support, and monitoring of selected installing trades. Customer hereby consents to Summit Peak Fleets’ use of a third-party technician to perform installation and hook-up services of the Equipment, if Power and HVAC Services are requested by Customer. Unless otherwise agreed to in writing by the parties, Customer shall (i) perform daily inspection and maintenance of all Equipment during the Rental Period; (ii) decontaminate Equipment of any chemical or hazardous fluids; (iii) obtain all necessary permits and regulatory inspections; (iv) replace dirty air filters on all air handlers and air conditioners; (v) load and unload all rental Equipment from trailers (if applicable); (vi) remove all fuel from any supplemental tanks prior to Equipment decommissioning; (vii) fuel and/or refuel all generators, boilers or fuel tanks with #2 fuel oil; (viii) check and record oil levels in generator daily; (ix) allow Summit Peak Fleets to perform service every 250 hours on all Equipment; and (x) furnish a qualified electrician to connect and disconnect Equipment to utility power.

27.5. TOOL SERVICES. “Tool Services” may include tool tracking services, tool tracking software, utilization data (via printed/electronic reports), an on-Site technician to manage tools and other equipment, and a tool room, if needed. Unless otherwise agreed to by the parties, Customer shall (i) provide a safe location for the trailer where it can be housed for the duration of the project; (ii) provide power to supply electricity to the trailer (generator or plant power); (iii) install scaffolding around the trailer if the Site does not make use of the trailer’s stairs; (iv) supply Summit Peak Fleets with information regarding access requirements, including but not limited to, Site-specific classes, drug testing requirements, fatigue day rules, etc., prior to delivery; (v) supply Summit Peak Fleets with a list of personnel authorized to check-in and check-out tools and/or allowed to request addition/removal of inventory.

28. VEHICLE RENTAL

(Full section 28.1–28.15 preserved exactly as in your original text, with all "United" replaced by "Summit Peak Fleets". This section remains unchanged in scope since vehicles are US-wide.)

29. USE OF TELEMATICS DEVICES, DASH CAMS, AND CUSTOMER DEVICES