The following Terms and Conditions are applicable for all rental and purchases of Equipment from Lonestar OpCo I LLC dba Intellirent (“Intellirent”). No terms or conditions of any purchase order(s) or other document submitted by the customer and no waiver, alteration, or modification of any of the provisions below shall be effective or binding upon Intellirent unless in writing and signed by an officer of Intellirent. The Terms and Conditions stated herein are effective from the date Intellirent, or it’s agent, tenders the Equipment to a courier or directly to the customer. All other terms and conditions of Customer are hereby rejected in their entirety.
Acceptance of delivery of the Equipment by the Customer constitutes an agreement by Customer to be bound by these Terms and Conditions.
1. TERM: The term of rental as to each item of Equipment shall commence on the calendar date after the Equipment is shipped from Intellirent ("Commencement Date") and shall continue thereafter until the calendar day before Equipment is received at Intellirent’s facility (“Termination Date”) in accordance with Section 7 below. The term "Equipment" means all equipment, software, hardware, manuals, accessories, options, pouches, containers, cables, and packaging material related to the Equipment.
2. RENTAL: The rental of the Equipment is subject to a minimum 1 day rental charge of the list rental price in effect at the time the Equipment was ordered. The obligation to pay rent shall commence on the Commencement Date and continue until the Termination Date. Each rental payment shall be due NET 30 from the date of Intellient’s invoice. Daily rental charges are applicable from the first (1st) through the twentieth (20th) day of rental. No rental charges accrue from the twenty-first (21st) through the thirtieth (30th) day of rental. Daily rental charges commence again on the thirty-first (31st) day of rental and subsequently every thirty (30) days thereafter. An invoice reflecting the monthly charge for the equipment will be issued on or about the twentieth (20th) day of rental and approximately every thirty (30) days thereafter. If any rentals or other sums due are not paid within thirty-one (31) days of the due date, Customer shall pay to Intellirent, on demand, a late charge and any legal or collections fees from the due date until payment as well as interest in an amount equal to the lesser of one and one-half percent (1 ½ %) per month or the maximum rate permitted by law. If payment remittance instructions are not received from Customer, Intellirent shall apply un-labeled funds to the oldest invoice first.
3. FREIGHT: All Equipment is shipped to Customer at Customer's expense, unless a common courier account number is provided to Intellirent and accepted by the courier, from Intellirent’s chosen shipping point. All Equipment shall be returned to Intellirent by prepaid shipment to Intellirent’s chosen shipping point in accordance with Section 7 below. Freight charges include freight, insurance, taxes, and handling fees.
4. TAXES: Customer shall pay all taxes and other federal, state, local, or other governmental charges assessed in connection with the rental, use, or possession of the Equipment including, without limitation, any and all sales and/or use taxes and personal property taxes unless otherwise noted on the invoice. Intellirent will charge sales tax per the applicable state tax laws, unless a Resale Certificate or Sales Tax Exemption Certificate is provided.
5. LIMITED WARRANTY, DISCLAIMERS, & LIMITATIONS OF LIABILITIES: Except as provided herein, Intellirent warrants only that the Equipment, when delivered, will be complete and in good operating condition. If any Equipment shall require repair or recalibration, Customer shall immediately notify Intellirent before any remedial action is taken. Intellirent will repair, replace, or recalibrate, at its option, any Equipment that shall fail to meet said warranty, and such obligation shall constitute the sole and exclusive remedy of Customer. IN NO EVENT, SHALL INTELLIRENT BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, SUCH AS ANY LOSS OF REVENUES OR USE OF ANY EQUIPMENT OR DAMAGE TO OTHER EQUIPMENT, COST OF SUBSTITUTE EQUIPMENT, OR DOWNTIME COSTS. Intellirent shall not be responsible for any delays or failures in making repairs, recalibration, or replacement nor for any unavailability of equipment or parts or labor due to strikes, delays in transportation, or other causes beyond its control. Unless Customer gives Intellirent written notice of any defect within two (2) working days after receipt of each item of Equipment, it shall be conclusively presumed that such Equipment was delivered in good working condition. The foregoing warranty shall not apply to any damage to Equipment caused by accident, misuse, or abuse by Customer. Intellirent is not the manufacturer of Equipment. Intellirent disclaims all other warranties, expressed or implied, including without limitation, any warranty of merchantability or fitness for any particular purpose or that the Equipment will not infringe upon any patent or proprietary right of any third party.
6. USE OF EQUIPMENT AND INSURANCE: Customer shall use the Equipment in a careful and proper manner in compliance with all laws and other governmental requirements and the manufacturer’s instructions and specifications and best industrial practices. Without the prior written consent of Intellirent, Customer shall not sell, encumber, assign, sublet, remove, alter, modify, or repair the Equipment. Customer shall bear the entire risk of loss or damage to the Equipment from any cause and shall be responsible for procuring insurance coverage with respect to the Equipment and its use of the Equipment. Customer shall indemnify, defend, and hold Intellirent harmless from any and all claims, liabilities, losses, labor, downtime, production losses, costs and expenses (including reasonable attorney’s fees) arising out of the use, possession, operation, or rental of the Equipment. Customer agrees not to ship or use the Equipment outside the United States without the prior written consent of Intellirent and further agrees to indemnify, defend, and hold Intellirent harmless from any and all claims, liabilities, losses, cost and expenses (including reasonable attorney’s fees, export costs and adverse tax consequences) arising from any shipment or use outside the country of original rental.
7. RETURN OF EQUIPMENT: Upon completion of the usage of Equipment, or immediately upon demand by Intellirent, Customer shall return the Equipment to Intellirent, shipment prepaid, in the same condition as when first received, ordinary wear and tear excepted. Customer shall properly pack for shipment, using the same box and packaging material used for the outbound shipment. and shall be responsible for any damage caused during the return shipment. If the original packaging material is damaged or no longer available, Intellirent will replace shipment materials at the Customer’s expense. Customer shall be responsible for, and pay to Intellirent, immediately on demand, the new replacement cost of any lost or materially damaged Equipment (including accessories), as well as the cost of restoring any Equipment that is returned with extraordinary wear and tear or damage, or missing accessories. With respect to lost or materially damaged Equipment Customer shall be responsible for rentals to the date of receipt by Intellirent, of the full new replacement cost. As used herein, the term “materially damaged” means damage to the Equipment is such an extent that the cost to repair such Equipment equals or exceeds fifty percent (50%) of the fair market value of the Equipment at that time. For all other damaged Equipment, Customer shall pay the cost to fully repair said Equipment.
8. DEFAULT AND REMEDIES: Customer shall be in default hereunder if it shall fail to timely pay any sum due to Intellirent or shall fail to timely perform any other obligation owing to Intellirent or if any bankruptcy or similar proceedings under federal or state law shall be filed by or against Customer. Upon the occurrence of any default, Intellirent may at any time during the continuance thereof, and in addition to all other rights and remedies available to Intellirent at law or in equity, (1) terminate the rental of all Equipment rented to Customer, (2) require Customer to assemble and return all such Equipment, or repossess all such Equipment, and/or (3) recover from Customer all amounts payable to Intellirent. Intellirent shall not have any duty to account to Customer for the proceeds of any disposition of Equipment subsequent to return or repossession. All rights and remedies of Intellirent on default are cumulative and may be exercised simultaneously or successively. No waiver of any default shall result in Intellirent’s ability to recover all costs and expenses incurred by Intellirent in enforcing its rights hereunder including reasonable attorney fees.
9. MISCELLANEOUS: Rental of all Equipment is subject to availability in Intellirent’s inventory. The invalidity of any part of these Terms and Conditions shall not affect the validity of any other party of these Terms and Conditions. The rights of Intellirent and the Customer pursuant to these Terms and Conditions shall be governed by the laws of the State of Texas and any dispute regarding them shall be held solely in the courts located in Tarrant County, Texas. Any additional or different terms in any purchase order or other document of Customer shall be deemed objected to by Intellirent without need of further notice of objections, and shall be of no effect or in any way binding upon Intellirent.
Lasted Updated on 02/26/2026