Rental Terms & Conditions

Following is version 1.2 of the Rental Terms & Agreement document, effective 4.17.2025.

Renter hereby agrees to rent the unit described on page 1 (the “Vehicle”) from Transco Leasing Co, Inc., d.b.a. TEC Equipment Leasing (“Lessor”). The following Terms and Conditions, together with the information specified on page 1, are collectively referred to herein as the “Agreement.”

1. Renter represents, warrants, and agrees as follows:

a. The Vehicle may be rented by Lessor from a third Party ("Owner") and re-rented to Renter.

b. Renter has inspected the Vehicle and received the Vehicle in good condition, mechanically and otherwise.

c. No repairs, adjustments, or replacement of any parts with respect to the Vehicle will be made without Lessor’s written authorization.

d. The Vehicle will be operated only under Renter’s exclusive dominion and control. Neither Renter nor any driver of the Vehicle shall be deemed the agent, servant, or employee of Lessor or Owner.

e. Renter shall pay any license, taxes, tolls, fines, or fees that are imposed against Renter for or arising out of the operation of the Vehicle and will file or assist Lessor in filing any and all returns or reports required by any agency or governmental body as a result of Renter’s use of the Vehicle.

f. This Agreement shall terminate at the planned return time specified on page 1. Upon termination, Renter shall return the Vehicle to Lessor in the same condition as received, normal wear and tear excepted. No smoking is allowed in the Vehicle at any time. Additional cleaning charges may apply in the event Renter fails to comply with the terms of this paragraph.

g. Renter shall be responsible for all damage to tires caused by driver abuse, road hazards, foreign objects, or operation of the Vehicle in violation of any provision of paragraph 2 below. Renter shall pay the cost of any associated repair and breakdown service. In cases where the tire(s) cannot be repaired, Renter shall pay the replacement cost of the tire carcass and remaining tread.

h. Renter is responsible for all physical damage to the Vehicle, including but not limited cracked or broken glass, normal wear and tear excepted.

i. Notwithstanding any required insurance coverage, Renter shall be fully liable for all loss or damage if the Vehicle is used, operated, or driven in violation of the provisions of this Agreement; if loss or damage results from collision with any other vehicle, the structure of any underpass, or any other object; or if loss or damage results from willful abuse of the Vehicle by Renter or Renter’s employees, agents, or permitted assigns.

j. Neither Lessor nor Owner shall be liable for any indirect, special, consequential, or other damages in connection with or arising out of Renter’s use of the Vehicle, including loss of or damage to any goods or property transported by or left in or upon the Vehicle at any time or place, including Lessor’s garage, terminal, or location, regardless of whether such loss is caused by the negligence of Lessor, Owner, or any of their employees or agents.

k. If the Vehicle is operated with a trailer or other equipment not covered by this Agreement, such trailer or other equipment will be in good operating condition and in compliance with applicable legal authorities.

l. Renter has not, and does not, by this Agreement acquire any proprietary rights or interest in the Vehicle.

m. Renter shall not create or suffer to exist any security interest or lien upon the Vehicle and shall give Lessor immediate notice of such attachment or claim.

n. Renter shall deliver, either in hard copy or electronically, a written driver’s trip report and provide all original fuel receipts for the Vehicle upon its return to Lessor.

o. Lessor assumes no liability for any failure by Renter to comply with electronic logging device (“ELD”) rules and regulations, and Renter agrees to fully indemnify and hold Lessor harmless from same. Renter further acknowledges that all data and telematics stored in the Vehicle’s systems remain property of Lessor.

p. Customer acknowledges and agrees that if the Property does not comply with the requirements of California Health and Safety Code, Division 26 (Air Resources), Part 5 (Vehicular Air Pollution Control), Chapter 2 (New Motor Vehicles) §§ 43100-43214 ("CARB"), then the Property is not intended for registration or use in the State of California. Customer represents, warrants, and agrees that (a) if the Property does not comply with CARB, then Customer does not intend to and will not register or use the Property in California and (b) Customer will be solely responsible and liable for any violations of CARB relating to the Property. In addition to any other remedy available to Lessor at law or in equity, Customer shall indemnify, defend, and hold Lessor harmless from any loss, damage, liability, penalty, cost, and/or expense incurred by Lessor in connection with any violation of CARB with respect to the Property.

2. Renter warrants and agrees that the Vehicle shall not be operated:

a. In violation of any law, ordinance, rule or regulation of any governmental agency or body. IF THE VEHICLE IS USED TO CARRY CONTRABAND OR ANY OTHER ILLEGAL PURPOSE THIS AGREEMENT SHALL BE ABROGATED, AND THE VEHICLE IS IMMEDIATELY DEEMED CONVERTED.

b. To push or tow any other vehicle, to carry persons for hire, or to transport weight in excess of the Vehicle’s maximum payload capacity.

c. By any person other than Renter or, if applicable, Renter’s employee-driver(s) specified on page 1.

d. By any person not duly licensed and qualified to operate the Vehicle or under the age of 21 years.

e. By any person who is under the influence of intoxicants or drugs or has been convicted of reckless driving or driving while under the influence of intoxicants or drugs within the prior three years.

f. In excess of applicable speed limits; in a reckless or abusive manner; in any race or speed contest; off improved roads; while improperly loaded; in areas of insufficient width or height; on a flat tire; in areas of strike, labor, or civil disorder; in Mexico; or to transport a car, truck, animal, or any person in an unlawful or unsafe manner.

g. Outside the scope of the driver’s employment and/or the usual course of business of Renter.

h. By any person who has given a fictitious name or false address.

3. Renter shall notify Lessor before any change of the driver(s) specified on page 1. Such change shall be subject to Lessor’s advance approval. Renter shall not permit any driver not approved by Lessor to operate the Vehicle.

4. Renter acknowledges that the assignment of this Agreement and any subletting or re-letting of the Vehicle is expressly prohibited.

5. Renter acknowledges and agrees that Lessor has made no express warranties and hereby disclaims all implied warranties with respect to the Vehicle, including, but not limited to, the warranty of merchantability and the warranty of fitness for a particular purpose.

6. Rental charges as stated in this Agreement shall not abate but shall continue in full force and effect whether the Vehicle is inoperable, lost or stolen, in a state of disrepair, or otherwise disabled for any reason. All charges shall run until the Vehicle is returned to Lessor in accordance with paragraph 11 below. Renter is responsible for all towing, removal, or storage costs incurred with respect to the Vehicle during the term of this Agreement, as well as disposal charges for trash or any other items left in the Vehicle. Renter shall pay mileage charges through the date of any damage or theft. Mileage charges for unrecovered stolen Vehicles will be estimated. Renter is also responsible for any mileage charges incurred while the Vehicle is in possession of any third party during the term of this Agreement. Renter authorizes Lessor to process a credit card charge in Renter’s name for all charges due hereunder. No deposit will be refunded unless all amounts due under this Agreement are paid. All charges are subject to final audit. In addition to the charges specified on page 1, Renter agrees to pay Lessor on demand:

a. All costs, including but not limited to fees paid to an attorney or collection agency, incurred in connection with the retaking of the Vehicle or the collection of any amounts payable by Renter to Lessor under any of the provisions of this Agreement, whether collected by suit or otherwise and regardless of whether litigation is actually filed.

b. Late charges equal to 18% per annum compounded daily (or the highest amount permitted under applicable law) on all amounts due hereunder that remain unpaid 10 days after date of invoice.

7. If the Vehicle is used to haul fuel or hazardous class 1, 2.3, 6, or 7 materials, (a) the foregoing insurance certificate shall also evidence :info: automobile liability insurance with a combined single limit of $5,000,000, with “Any Auto” box marked, (ii) general liability insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate, and (iii) either a broadened pollution endorsement on the general liability policy or a separate pollution liability policy, in form and content acceptable to Lessor and (b) Renter shall provide to Lessor a copy of its current Form MCS 90, if any.

8. Customer may purchase optional CDW coverage from Renter or one of its affiliates for an additional fee. CDW coverage is not insurance but rather an agreement between Lessor and Renter that protects Renter from loss or damage to the Vehicle during the rental term, subject to certain conditions.

9. Renter shall release, indemnify, defend, and hold Lessor and Owner, and each of their employees, agents, owners, directors, and representatives harmless from and against any and all claims, demands, suits, causes of action, attorney fees, or judgments (even if Lessor and/or Owner are alleged or found to have been negligent) arising from Renter’s failure to comply with the terms of this Agreement; property left in the Vehicle upon surrender to Lessor; any and all injuries (including death) or property damage sustained by Renter or any driver, agent, servant, or employee of Renter; Renter’s use of any vehicle, trailer, or attachment not owned by Lessor; Renter’s negligence or breach of this Agreement; inaccurate or unreliable information in connection with any technology; Renter’s failure to comply with its obligation to any governmental body having authority over Renter and the Vehicle; or Renter’s use, operation, or maintenance of the Vehicle. Renter’s indemnification obligations hereunder shall survive any termination of this Agreement.

10. Renter shall immediately report to Lessor any accident involving, loss of, or damage to, the Vehicle, regardless of cause.

11. Renter agrees to return the Vehicle to Lessor, together with all the original equipment and accessories, at the location from which the Vehicle was delivered to Renter, unless a different place of return is designated on page 1. Renter shall return the Vehicle at the “Planned Return” time designated on page 1; provided however, that if Lessor makes written demand sent by prepaid certified mail to Renter’s address shown herein, Renter shall return the Vehicle at the earlier time so specified. If no time is designated on page 1 for the return of the Vehicle, Renter shall return the Vehicle no later than seven days after the date inserted in the “Time Out” section on page 1. Renter shall return the Vehicle to Lessor for routine maintenance and inspection at such times as requested by Lessor.

12. In the event Renter fails to return the Vehicle to the place specified in this Agreement within three days after the time specified herein or from an earlier date specified in the written demand by Lessor, such failure shall constitute an unauthorized taking of the Vehicle, and Lessor may consider the Vehicle as stolen and take any steps Lessor deems reasonable and necessary to recover the Vehicle.

13. Lessor reserves the right to inspect the Vehicle at any time and at any place during the rental term. In the event of any violation or default by Renter with respect to any of the terms of this Agreement, Lessor may recover the Vehicle wherever it may be located and terminate this Agreement without notice or opportunity to cure.

14. This Agreement contains the entire agreement between Renter and Lessor. Time is of the essence. Any amendment to this Agreement shall not be effective unless contained in a writing signed by both parties.

15. If any provision of this Agreement is in violation of any law of the state in which the Vehicle is rented, such provision shall be deemed to be automatically reduced to the extent necessary to comply with the law without invading any other of the terms and provisions of this Agreement.

16. Renter represents that Renter has read, understood, and agrees to abide by the provisions of this Agreement.

17. Charging Limits: Renter shall maintain the Vehicle’s Energy Storage System (“ESS”) charge level and use charging facilities in accordance with the manufacturer's guidelines. In the event the Vehicle’s battery is overcharged or allowed to discharge beyond the manufacturer’s recommended level, Renter shall be liable for all damages sustained by Lessor arising from or relating in any way to such battery overcharge or discharge

18. Maximum Charging Cycles: Renter shall not exceed 25 charging cycles per calendar month for the Vehicle.  Renter will be charged $500.00 for each cycle in excess of this limit.

19. Vehicle Charging:  Renter shall return the vehicle fully charged.  Renter shall pay Lessor $125.00 for each hour of charging time required to fully recharge the Vehicle upon return.

20. Telematics Connectivity: Renter shall maintain telematics connectivity for the Vehicle throughout the rental term.  Renter shall not disable or tamper with the Vehicle’s telematics system will result in damages and service fees for repair. Renter consents to the collection of the Vehicle’s performance data, including telematics, charging patterns, and battery health, for maintenance and monitoring purposes.

21. Reporting of Damage: In the case of any damage to the Vehicle, Renter shall (a) immediately report such damage to Lessor, (b) refrain from further use of the Vehicle, and (c) await Lessor’s instructions with respect to inspection, repair, and further use of the Vehicle.

22. Insurance Requirements: Given the unique nature of the Vehicle, Lessor may require Renter to carry additional insurance coverage for the Vehicle beyond the coverage required under the Agreement and shall be evidenced by a certificate of insurance acceptable to Lessor.  Lessor will notify Renter of any additional insurance requirements under this paragraph prior to rental commencement.

For contracts signed prior to 4.17.2025, see below for terms and conditions.