15 Must-have Elements To Include In a Well-drafted Equipment Rental Agreement

No matter what type of rental equipment you provide, excellent and reliable customer service is essential to your success. Establish trust with your customers by clearly stating all rental terms and conditions with a comprehensive equipment rental agreement. 

Consider this: You are committed to renting out equipment in excellent condition and trust that your customers will use it with care. However, equipment might be damaged due to unforeseen circumstances at the customer’s end. Now the problem that arises is who will bear the cost of equipment damage. Disagreements may reflect negatively on your customer relationship management and lead to a disgruntled customer base. 

A well-drafted and comprehensive rental agreement that covers such scenarios can help you avoid such situations.

What is an Equipment Rental Agreement?

The equipment rental agreement acts as a legally binding contract between two parties. It is an essential document that clearly defines the rental terms and rates, parties involved, rights, and obligations of each party. Well-drafted agreements can help you set clear terms and conditions and avoid disputes that can result in lost time, money, and value.

The agreement is written to lay out each party’s responsibilities as well as terms for resolving disputes. This is done to anticipate all possible dispute scenarios and explicitly outline the measures that will be taken in the rental agreement in response to such circumstances.

Any violation of a written rental agreement might result in legal fees for the offending party. A rental agreement is, therefore, the linchpin of an equipment rental transaction.

equipment rental agreement

Essentials: What to include in a well-drafted equipment rental agreement?

Here are 15 essential things you must include while drafting a rental agreement:

1. Full and correct names

In an equipment rental agreement, your company should be listed as the lessor and your customer as the lessee. The parties’ names must also include their contact information, which can help in determining the nature of the party. The details should contain the complete name, address, and contact information of the individual customer or company. 

For the agreement to be legitimate, ensure that the actual name of the customer is accurate. Let’s say you’re renting to Blast Party Rentals but the agreement states their name as Blast Party Renters. Any minor inaccuracy, such as a misspelled name means they cannot be penalized in case of violations. 

2. List of rented-out equipment

This section lists down the items rented out in a transaction. It can include the description or features of the rental items such as the name, quantity, price, and vendor name of the equipment. 

3. Terms of rental duration

Every rental transaction is subject to an agreed-upon rental duration. This consists of the period from when a piece of equipment is rented out to a customer to when it must be returned by the customer.

The dates on the agreement are fixed and the customer is obligated to return the equipment on the specified date. If the customer requires to rent out the equipment for more than the agreed date, then the agreement is renewed with changed dates. 

4. Rental rate

This section includes the amount of money a customer must pay in compensation for the rented equipment. Depending on the type of equipment you rent out and your customer’s workflow, you can set the rental charges for an hourly, daily, weekly, or monthly basis.

For example, if you rent out media equipment to university students, you may charge them by the hour. Conversely, if you are renting construction equipment for long-term projects, you can set the rates on a monthly or annual basis. The agreement should also include any additional charges that will be applied such as taxes, charges for premium service or delivery, etc. 

equipment rental agreement

5. Late charges

Late returns are a common pain point for rental businesses. When customers return the equipment later than the specified return date, it lowers inventory levels and negatively impacts future orders. You can prevent this from happening by specifying a late fee in the rental agreement. Ideally, late charges should incorporate any opportunity cost you incur by forgoing future orders of equipment that wasn’t returned in due time.

6. Security deposit

A security deposit protects your business and is typically charged as a fixed, upfront fee.  The security deposit amount is promptly refunded in full if the rental items are returned on time and in good condition. 

In case of any damage, you can deduct without the amount, partially or fully,  depending on the damage and whether it compensates for that loss. The rental agreement shall clearly state the security deposit amount and terms.

7. Instructions to use and care for equipment

This section of a rental agreement outlines the rules for correct usage and handling. It might include some key operating tips to ensure that customers use equipment properly.

Many regulatory authorities require certain items to be stored and used according to the standards they have stipulated. This section on care instructions generally lays down these standards that need compliance by both parties during the storage of rental equipment.

8. Repair and replacements

An equipment rental agreement should clearly define repair and replacement clauses to avoid conflicts. Rental companies trust their customers to use rental equipment correctly. . However, if the customer causes damage during the rental period they are liable for any repair costs incurred.

9. Condition checklist

This section describes the operating state of the equipment that has been rented out. You may add a ‘condition checklist’ that your customers can use to evaluate the equipment’s condition before renting it out. This guarantees that your customers hand over the items according to the acceptance checklist.

When completing the check-in form, you can write down all equipment-related issues after it was returned by the customer. For example, equipment shall be examined for missing spare parts, or excessive wear and tear  

Customers shall return the equipment in the same condition as when it was received. If the state of the returned equipment differs from the condition checklist, you can either charge the customer an extra fee or deduct the amount from the security deposit.

10. Loss and damage

This element of a rental agreement lays down the exact amount a customer will pay if they damage the rented equipment.  This is generally calculated by a decrease in the value of the equipment after the rental period. This section mostly pertains to damaged equipment that cannot be restored to its original functioning state.

11. Ownership

This is an important part of an agreement. It defines you (lessor) as the rightful owner of your rental equipment. This helps protect your rental fleet against unlawful seizures and unauthorized use by the customer.

12. Indemnity

A rental company’s primary responsibility is to inspect rental equipment on a regular basis to ensure that it is in excellent condition before renting it out.

In some cases, the renter may demand repayment or file a lawsuit against you for damages if your equipment malfunctions or an accident occurs during the rental period. The terms of these payments might be detailed as indemnity clauses.

Since this clause is prone to manipulation by customers, it is subject to complicated negotiation terms and is only exercised under extreme situations.

13. Insurance

You can reduce the liability on both your business and your customers by insuring your rental equipment. The insurance can cover loss or damage to equipment, property, or injuries to a person while using the equipment. The insurance fee is built into the rental rate should the customer choose to purchase coverage. 

14. Delivery Terms

The agreement should also specify who will load and transfer the equipment at the start and end of the rental period. The delivery terms and charges must be explicitly stated in the agreement. If you will be delivering, you can add fees to the rental rates

15. Signature by parties

Both parties must understand the terms of the equipment rental agreement before signing it. To ensure that the provisions of the agreement are followed, each party’s signature, name, date, and position must be filled in signature blocks given at the bottom of the agreement

To save time and streamline the renting out procedure, the parties can also give an E-signature on the agreement for convenience.

About EZRentOut

EZRentOut, a cloud-based equipment rental software can help. EZRentOut offers companies in numerous industries seamless rental management along with a host of other features. You can integrate your website with our EZR plug to keep track of all your rental Assets and operations. Try us out today!

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