These Terms apply whether or not a separate rental agreement is signed, and together with the rental agreement, reservation details, invoices, and inspection forms form the complete agreement between Philision Rentals ("Philision") and the customer ("Customer"). The latest version is always available on this page.
1 & 2. Definitions & Authority
Equipment means the rented item and all attachments, keys, and manuals. Qualified Operator means someone trained and authorized to safely operate it. Rental Period runs from delivery or pickup until Philision confirms the equipment is returned. The person accepting these Terms confirms they're authorized to bind the Customer and that all information provided is accurate.
3. Equipment Acceptance & Inspection
Equipment is provided in working condition unless noted otherwise in writing at delivery. Customer must inspect before use and immediately report visible damage, missing parts, or safety concerns. Failure to do so means the condition is accepted as is. Equipment that looks unsafe or defective should not be operated.
4 to 7. Customer Responsibility & Use
Customer assumes full responsibility for equipment during the Rental Period and agrees to indemnify Philision against claims arising from its operation, transport, misuse, unauthorized operators, or violation of laws. Philision is not liable for lost profits, delays, downtime, or other consequential damages, and does not guarantee availability or suitability for a particular job.
- Only Qualified Operators may use the equipment, following manufacturer and OSHA guidelines.
- Customer must perform daily safety checks and secure equipment when unattended.
- Customer is responsible for loss, theft, or damage from misuse, overloading, weather exposure, or unauthorized modification, including repair and transport costs.
- Malfunctioning equipment must be stopped immediately and reported; Philision covers repairs only for normal equipment failure.
8 to 11. Returns, Charges & Fees
Rental charges continue until equipment is returned and its release is confirmed by Philision; holdover periods remain the Customer's responsibility. Customer authorizes charges for rental fees, damage, cleaning, fuel, and recovery costs to the approved payment method. Late payments accrue a 2% monthly finance charge, and a deposit is generally required before rental.
- Environmental service fee: up to 3% of rental charges, max $95.
- Excessive cleaning: $200 minimum. Smoking/vaping odor removal: $200 minimum.
- Taxes and applicable surcharges are the Customer's responsibility.
12 & 13. Ownership & Insurance
Philision retains full ownership of all equipment; Customer may not sell, sublease, transfer, or modify it, and is responsible for tire damage from misuse. Customer must carry appropriate insurance, including commercial general liability and property damage coverage, and provide proof on request. Failure to do so may result in rental refusal.
14 to 17. Default, Recovery & Modifications
Customer is in default for non payment, safety violations, misuse, or failure to return equipment; Philision may recover equipment without liability, with Customer responsible for recovery costs. Accidents, theft, or violations must be reported immediately, along with any resulting fines (a $25 processing fee may apply). Additional charges may apply for lost keys ($50), tolls ($5 processing fee), mileage overages, or unauthorized remote drop off. Some equipment may include tracking technology. Customer modifications or attachments require written approval.
18. Optional Equipment Damage Waiver
Available to approved commercial customers for 15% of rental charges. It provides limited contractual protection for certain accidental damage or theft when Customer complies with all Agreement terms. It is not insurance and does not cover injuries, third party property damage, negligence, misuse, or intentional acts.
19 to 23. General Provisions
These Terms represent the entire agreement and control over any conflicting Customer documents unless Philision agrees otherwise in writing. Disputes are handled in the courts of Philision's business jurisdiction, with both parties waiving the right to a jury trial. Neither party is liable for delays from events beyond reasonable control (natural disasters, government action, labor disruptions, etc.). Philision may update these Terms at any time; continued use of rental services constitutes acceptance of the current version.
Customer Acknowledgment: By renting from Philision, Customer confirms equipment condition has been reviewed, only qualified operators will use it, and all rental responsibilities, charges, and these Terms are understood and accepted.
Phone: (408) 427 7792 · Email: pm@philision.com
