Philision Rentals Terms & Conditions
Effective Date: April 1, 2024
By accepting delivery, taking possession of equipment, signing a Rental Agreement, making payment, or using equipment provided by Philision Rentals (“Philision”), the customer (“Customer”) agrees to these Rental and Service Terms and Conditions (“Terms”).
These Terms apply whether or not a separate Rental Agreement has been signed. These Terms, together with the Rental Agreement, Reservation Details, invoices, equipment inspection forms, and any applicable addendums, constitute the complete agreement between Philision and Customer.
The latest version of these Terms is available online at Rental Terms & Conditions.
1. Definitions
Agreement
Means the complete agreement between Philision and Customer, including these Terms, Rental Agreement, Reservation Details, invoices, inspection forms, and related documents.
Philision
Means Philision Rentals, including its owners, officers, employees, agents, representatives, and affiliates.
Equipment / Scissor Lift
Means the aerial lift equipment rented by Customer, including all attachments, accessories, components, keys, manuals, and related items.
Customer
Means the individual or business renting equipment, including its owners, employees, contractors, agents, representatives, and authorized users.
Qualified Operator
Means an individual authorized by Customer who has received required training and authorization to safely operate the equipment.
Rental Period
Means the period beginning when equipment leaves Philision’s possession or is delivered to Customer and ending only when equipment is returned or officially released from rental responsibility by Philision.
Reservation Details
Means equipment specifications, rental duration, pricing, delivery information, payment terms, and other transaction details.
Services
Means rental related services including delivery, pickup, maintenance, and customer support.
2. Authority to Enter Agreement
The individual accepting these Terms represents and warrants that:
- They are legally authorized to enter into this Agreement.
- They have authority to bind Customer.
- All information provided to Philision is accurate and complete.
Customer accepts full responsibility for all obligations under this Agreement.
3. Equipment Acceptance and Inspection
Customer acknowledges that equipment is provided in working condition unless documented otherwise in writing at the time of delivery or pickup.
Customer must inspect equipment before operation and immediately notify Philision of:
- Visible damage
- Missing components
- Safety concerns
- Mechanical problems
Failure to report visible damage before use constitutes Customer acceptance of equipment condition.
Customer must not operate equipment that appears unsafe or defective.
4. Customer Responsibility and Indemnification
Customer assumes full responsibility for the possession, operation, care, and control of equipment during the Rental Period.
Customer agrees to defend, indemnify, and hold harmless Philision, its owners, officers, employees, agents, and affiliates from claims, damages, losses, liabilities, expenses, and legal costs arising from:
- Equipment operation
- Transportation
- Improper use
- Unauthorized operators
- Customer negligence
- Failure to follow safety requirements
- Violation of laws or regulations
This obligation continues after termination of the Agreement.
5. Limitation of Liability
To the maximum extent permitted by law, Philision shall not be liable for:
- Lost profits
- Business interruption
- Project delays
- Consequential damages
- Loss of productivity
- Downtime
- Customer or third party claims resulting from equipment use
Customer acknowledges that equipment rental involves operational risks and assumes responsibility for those risks.
Philision does not guarantee:
- Equipment availability at all times
- Completion of Customer projects
- Specific productivity results
- Suitability of equipment for Customer’s particular application
6. Customer Responsibilities
Customer agrees to:
- Provide accurate rental information.
- Use equipment only for intended purposes.
- Allow operation only by Qualified Operators.
- Follow manufacturer instructions.
- Follow OSHA requirements and applicable safety regulations.
- Maintain a safe work environment.
- Secure equipment when unattended.
- Prevent unauthorized use.
Customer is responsible for all actions of employees, contractors, operators, and representatives.
Failure to comply may result in immediate termination of rental services.
7. Equipment Use, Maintenance, and Damage
Safe Operation
Only Qualified Operators may operate equipment.
Customer must perform daily safety inspections before use.
Customer Damage Responsibility
Customer is responsible for all loss, theft, and damage occurring during the Rental Period, including damage caused by:
- Misuse
- Abuse
- Collision
- Improper terrain conditions
- Overloading
- Negligence
- Unauthorized operation
- Weather exposure
- Failure to secure equipment
- Unauthorized modifications
Customer is responsible for repair costs, replacement costs, transportation costs, and related expenses.
Equipment Malfunction
Customer must immediately stop using malfunctioning equipment and notify Philision.
Philision may repair or replace equipment when necessary.
Philision is responsible only for repairs caused by normal equipment failure.
8. Return of Equipment and Holdover Charges
Customer must return equipment on or before the agreed return date or arrange authorized pickup.
Rental charges continue until:
- Equipment is returned, or
- Philision confirms equipment is officially released from rental responsibility.
Equipment retained beyond the agreed rental period will continue generating rental charges.
Customer remains responsible for all costs during any holdover period.
9. Rental Charges and Payment Authorization
Customer authorizes Philision to charge the approved payment method for:
- Rental charges
- Late charges
- Damage repairs
- Cleaning fees
- Fuel charges
- Recovery costs
- Replacement costs
- Unpaid balances
- Other charges due under this Agreement
Customer agrees that disputing a charge does not remove responsibility for undisputed amounts.
Late payments may incur a finance charge of 2% per month.
Taxes, fees, and applicable surcharges are the responsibility of Customer.
10. Deposit Requirements
Unless otherwise approved by Philision:
- Deposit payment is required before rental.
- Philision may require additional payment authorization.
- Failure to provide payment may result in cancellation of rental services.
11. Fuel, Cleaning, and Environmental Fees
Customer must return equipment in the required fuel condition.
Additional charges may apply for:
- Refueling
- Excessive cleaning
- Damage cleaning
- Environmental handling requirements
Philision may charge an environmental service fee of up to 3% of rental charges, maximum $95.
A minimum $200 cleaning fee applies for excessive cleaning.
Smoking or vaping in equipment is prohibited.
A minimum $200 odor removal fee applies.
12. Ownership and Restrictions
Philision retains full ownership of all equipment.
Customer shall not:
- Sell equipment
- Transfer ownership
- Sublease equipment
- Remove identification markings
- Modify equipment without written approval
Customer is responsible for tire damage caused by misuse.
13. Insurance Requirements
Customer is responsible for maintaining appropriate insurance coverage.
When requested by Philision, Customer must provide proof of insurance, including:
- Commercial General Liability Insurance
- Property damage coverage
- Coverage applicable to rented equipment
Failure to provide required insurance documentation may result in rental refusal.
14. Default and Equipment Recovery
Customer is in default if Customer:
- Fails to pay amounts due
- Violates safety requirements
- Misuses equipment
- Fails to return equipment
- Violates this Agreement
Upon default, Philision may recover equipment without liability to Customer.
Customer authorizes Philision to take reasonable steps permitted by law to recover equipment.
Customer remains responsible for all related recovery costs.
15. Accidents, Theft, and Violations
Customer must immediately report:
- Accidents
- Theft
- Damage
- Vandalism
Customer must notify Philision and applicable authorities when required.
Customer is responsible for:
- Fines
- Penalties
- Violations
- Administrative costs
A $25 processing fee may apply.
16. Additional Charges
Additional charges may include:
Lost Keys / Lockouts
$50 administrative fee.
Tolls
Customer is responsible for toll charges.
A $5 processing fee may apply.
Mileage
Mileage limits and charges apply according to rental agreement.
Recovery
Customer is responsible for recovery costs caused by misuse or unauthorized use.
Remote Drop Off
Returning equipment to an unauthorized location may result in additional charges.
Tracking Technology
Some equipment may contain tracking devices.
Unauthorized retention or failure to return equipment may result in legal action.
17. Customer Modifications
Customer may not install devices, attachments, or modifications without written approval from Philision.
Unauthorized modifications may result in repair charges and termination of rental.
18. Optional Equipment Damage Waiver Program
Eligibility
Available only to approved commercial customers.
Cost
The Equipment Damage Waiver Program fee is 15% of rental charges.
Purpose
The program provides limited contractual protection for certain accidental equipment damage or theft situations when Customer complies with all Agreement requirements.
Not Insurance
This program is not insurance.
It does not provide coverage for:
- Personal injuries
- Third party property damage
- Negligence
- Misuse
- Abuse
- Unauthorized operation
- Intentional damage
- Criminal acts
- Failure to maintain equipment
Customer remains responsible for all excluded losses.
19. Entire Agreement
This Agreement represents the complete understanding between Philision and Customer.
No verbal statements or promises modify this Agreement unless confirmed in writing.
20. Order of Precedence
If Customer purchase orders or other documents conflict with these Terms, these Terms control unless Philision expressly agrees otherwise in writing.
21. Legal Venue and Jury Waiver
Any dispute arising from this Agreement shall be handled in courts located in the applicable jurisdiction of Philision’s business location.
To the maximum extent permitted by law, both parties waive the right to a jury trial.
22. Force Majeure
Neither party is responsible for failure to perform due to events beyond reasonable control, including:
- Natural disasters
- Government actions
- War
- Pandemics
- Labor disruptions
- Other unforeseen events
23. Changes to Terms
Philision may update these Terms periodically.
Updated Terms become effective when posted or provided to customers.
Continued use of rental services constitutes acceptance.
Customer Acknowledgment
Customer acknowledges:
☐ Equipment condition has been reviewed and accepted.
☐ Only qualified operators will operate equipment.
☐ Customer understands all rental responsibilities.
☐ Customer accepts all charges and payment obligations.
☐ Customer has reviewed and accepted these Terms.
Customer Name: ______________________
Signature: ___________________________
Date: _______________________________
Philision Rentals
203 N 27th St
San Jose, CA 95113
Phone: (408) 427-7792
Email: pm@philision.com