Rental Terms | GoDizel

DIZEL INC. RENTAL TERMS

1. Acceptance of Terms.

Please carefully review these Rental Terms, as they set forth the terms and conditions pursuant to which the rental of Equipment by a Renter from an Equipment Owner through the Platform operated by Dizel. These Rental Terms incorporate by reference Dizel’s Terms and Conditions of Use and Privacy Policy (collectively, the “Agreement”) and by renting Equipment through the Platform, Renter agrees to be bound by the terms and conditions of the Agreement.

Any individual acting on behalf of the Renter represents and warrants that they are of legal age and have the full authority and legal capacity to bind the Renter to the terms and conditions of this Rental and Service Agreement.

2. Definitions.
  1. Dizel” means Dizel Inc., a Delaware corporation.
  2. Equipment” means any machinery, equipment, vehicle, tools, hardware, materials, or other goods offered for rental through the Platform.
  3. Equipment Owner” means the third-party owner of the Equipment or lessor of equipment.
  4. Managed Services” means those services performed by Dizel, including providing Users access to the Platform, cleaning services, fuel provision, and maintenance and transportation services.
  5. Platform” means the software platform operated by Dizel that is accessed by Users.
  6. Privacy Policy” means the Dizel privacy policy located at https://godizel.com/privacy-policy.
  7. Rental Agreement” means the terms and conditions set forth herein.
  8. Rental Period” means the period of time during which Renter is permitted to rent and utilize the Equipment, as determined by the Equipment Owner and set forth on the Platform.
  9. Renter” means any person or entity that utilizes the Platform to rent Equipment from an Equipment Owner.
  10. “Qualified Operator” shall mean any individual authorized by the Renter to operate the Equipment within the territorial boundaries of the United States.
  11. “Dizel Rental Protection” or “DRP” means the mandatory damage waiver program administered by Dizel.
  12. Terms and Conditions of Use” means the Dizel terms and conditions of use located at https://godizel.com/terms-and-conditions.
  13. User” means any person that creates an account on the Platform and is issued a User ID Number by Dizel.
  14. User ID Number” means the unique ID issued by Dizel to each User.

3. Renter’s Obligations.

1. Renter shall:
  1. provide a trained and Qualified Operator for each rented unit of Equipment,
  2. upon request from Dizel or an Equipment Owner, furnish evidence of current, valid liability insurance,
  3. comply with all applicable laws, regulations, and comply with the terms of this Agreement.
2. Renter acknowledges that Dizel is not responsible or liable for the actions of any person operating the Equipment on Renter’s behalf.
  1. Abuse, misuse, or negligently handle the Equipment;
  2. Use the Equipment in a manner that causes harm, injury, damage, or destruction to any person or third-party property;
  3. Use the Equipment in any unsafe, illegal, or irresponsible way;
  4. Fail to return the Equipment by the end of the Rental Period;
3. Renter represents and warrants that Equipment keys shall be securely stored at all times during the Rental Term.
4. Renter Vetting and Qualification Process. Dizel reserves the right to screen, verify, or otherwise evaluate Renters prior to granting access to the Platform.
5. Equipment Owner Responsibilities. Equipment Owners shall ensure that all Equipment listed on the Dizel platform is accurately represented, in good working condition, and properly maintained.

Equipment Owner represents and warrants that all information provided through the Platform is accurate and complete.

Branding and Trademark License By creating an account, listing Equipment, or otherwise using Dizel’s services, the Equipment Owner grants to Dizel a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute the Equipment Owner’s name and branding.

6. Insurance Requirements. Submission of insurance evidence is a mandatory prerequisite for use of the Platform.
  1. Renter and Equipment Owner shall maintain commercial general liability insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
5. Dizel Rental Protection Program (“DRP”)
  1. Mandatory Damage Waiver: All Renters are automatically enrolled in the **DRP”, a damage waiver program that provides limited protection against certain accidental physical damage to the Equipment only, and not liability, during the Rental Term.
6. Prohibition on Transportation. Renter is expressly prohibited from transporting any Equipment across international borders. Renter must provide written notice to Dizel of any intended relocation of Equipment across state lines within the United States.
7. GENERAL INDEMNIFICATION. Both Renter and Equipment Owner agree to release, defend, indemnify, and hold harmless Dizel and its affiliates from any claims arising from their access or use of the Equipment or the Platform.
8. Rental Rates and Platform Fees. The determination of rental rates shall be at the sole discretion of the Equipment Owner.
  1. Renter Platform Fee: Renter shall pay a Platform Fee equal to eleven and one-half percent (11.5%) of the total rental charges.
9. Taxes. The Platform will adhere to statutory requirements governing sales and use tax computations across various states, regions, and municipalities.
10. Post Rental Expenses. Any activities outside of the Rental Term will be invoiced accordingly.
11. Overages. Additional charges will apply if the cumulative usage of any unit exceeds the specified limits.
12. Payment. The Renter’s obligation to remit the rental fees is unconditional.
13. Early Returns, Extensions, Cancellations.
1. The return of Equipment prior to the anticipated conclusion of the Rental Term is permissible.
2. A Renter may request an extension to the Rental Term at least seventy-two (72) hours in advance.
3. Cancellations must be made no less than twenty-four (24) hours prior to scheduled pick-up.
14. Machine Downtime Swaps. Replace Equipment, if incapacitated, within four (4) days.
15. Jobsite Service Access. The Renter shall ensure authorized Dizel service providers have unrestricted access to perform necessary maintenance.
16. Governing Law and Jurisdiction. This Rental and Service Agreement shall be governed by the internal laws of the State of Delaware.
17. Individual Claims Only; No Class Actions. Legal claims shall be brought and conducted solely on an individual basis.
18. Force Majeure. None of the parties shall be held liable for failure or delay in performance due to events beyond control.
19. Modifications to Terms. Dizel reserves the right to amend these Rental Agreement Terms at any time.