ABEL EQUIPMENT RENTALS LLC – TERMS & CONDITIONS These Terms & Conditions (“Agreement”) govern all rentals of equipment, tools, attachments, and trailers (“Equipment”) from ABEL Equipment Rentals LLC (“Company” or “ABEL Equipment Rentals”). By signing any rental agreement, annual master agreement, quick-sign agreement, invoice, delivery ticket, or by taking possession or use of the Equipment, the customer (“Renter”) agrees to all terms stated herein. No representative of ABEL Equipment Rentals LLC is authorized to make any promise, warranty, or representation other than those reflected in writing in this Agreement. This Agreement may not be modified except in writing signed by both parties. KNOW WHAT’S BELOW • Contact Arizona 811 — Call 811 before you dig • Check all utilities before digging or trenching • Do not exceed rated equipment capacity 1. RENTAL PERIOD & TIME-BASED CHARGES Rental charges are based on time out, not usage. Charges apply for the full rental period reserved, whether the Equipment is used or not. Rental time begins at the original pickup or delivery time, not first use. Daily rental periods are for twenty-four (24) hours. Equipment equipped with hour meters is limited as follows: • Daily: 8 hours • Weekly (5-Day): 40 hours • Weekly (7-Day): 48 hours • Monthly (4-Week): 160 hours Renter must call to extend the rental before the scheduled return time. Extensions are subject to Company discretion and availability. Credits or refunds are not guaranteed. 2. RETURN, FAILURE TO RETURN & PROSECUTION Renter agrees to return all Equipment by the date and time stated in the rental agreement or invoice. Failure to return Equipment results in continued daily charges until the Equipment is returned or the maximum rental charge has been recovered. Misrepresentation, concealment, or failure to return Equipment may result in civil liability and prosecution as permitted by law. 3. RENTAL CHARGES, PAYMENT & INTEREST Renter is responsible for all charges, including but not limited to: • Rental charges • Late fees • Refueling charges • Cleaning fees • Tire repair or replacement • Trailer damage or tire replacement • Damage, repair, or replacement costs • Downtime, transport, service, recovery, and administrative fees Unpaid balances accrue interest at five percent (5%) per day or the maximum allowed by law. Renter agrees to pay all collection costs, including attorney’s fees and court costs. 4. PERMITTED USE / DESIGNATED PURPOSE Renter agrees to: • Use Equipment only for its intended and designated purpose • Operate Equipment safely and lawfully • Follow manufacturer instructions and Company guidelines • Clear low-hanging branches, brush, and obstacles prior to operation • Not operate Equipment under the influence of drugs or alcohol • Not remove, disable, or alter safety devices or decals • Not sublease, lend, sell, or remove Equipment from the United States 5. EQUIPMENT CONDITION & PHOTO DOCUMENTATION Equipment may show normal wear from previous rentals. Photographs may be taken at checkout and/or return to document the condition of Equipment when provided. These photographs serve as reference to confirm that Equipment is returned in the same condition, reasonable wear excepted. 6. CONDITION, REFUELING, CLEANING & RETURN Renter acknowledges Equipment was provided in the documented condition and agrees to return it in the same condition, reasonable wear excepted. Refueling All fuel-powered Equipment must be returned with the same fuel level as when received. Refueling is the responsibility of the Renter. Equipment returned below the starting fuel level will be refueled by Company and refueling charges will apply. Cleaning All Equipment and trailers must be returned clean and free of excessive dirt, mud, debris, or contamination. Excessive mud in tracks, tires, undercarriage, buckets, or attachments must be removed prior to return. Materials such as tar, asphalt, concrete, paint, or similar substances must be removed by the Renter. Cleaning fees of $250 or more may apply if Equipment is returned in an unacceptable condition. Fuel, cleaning, tire, damage, transport, downtime, and related charges are the responsibility of the Renter. 7. DAMAGE RESPONSIBILITY All new dents, cracks, bends, gouges, or punctures to metal components are the responsibility of the Renter. This includes damage to, but is not limited to: • Panels, cages, rear doors, and protective covers • Radiators and cooling systems • Hydraulic hoses, fittings, and cylinders • Tires and wheels • Accessories and attachments • ROPS (Roll-Over Protective Structures) Repairs may include repair, restoration, or full replacement, including labor, parts, materials, downtime, transport, and related costs. Damage to metal components or ROPS may void manufacturer warranties or safety certifications, and repairs are often costly. 8. TRANSPORTATION & TRAILERS If Equipment is transported by the Renter, the Renter assumes full responsibility during loading, transport, unloading, and return. If Company provides a trailer, the Renter is responsible for the trailer during the entire rental period, including: • Proper loading, securing, and tie-down • Safe towing and compliance with all transportation laws • Trailer tire repair or replacement • Damage to trailer frames, decks, ramps, fenders, couplers, safety chains, lights, wiring, or accessories • Loss, theft, or damage caused by misuse or improper towing Any damage occurring during transport is the responsibility of the Renter, regardless of fault. 9. GPS & TELEMATICS Equipment may be equipped with GPS and telematics systems that monitor location, movement, ignition, operating hours, and system data. Renter consents to such monitoring. 10. UNAUTHORIZED POSSESSION & THEFT OF SERVICES (ARIZONA LAW) Only ABEL Equipment Rentals LLC may authorize possession or continued use of Company Equipment. No property owner, contractor, subcontractor, customer, person hiring the Renter, or any third party may retain, store, relocate, or prevent return of Equipment without a valid, current rental agreement or written Company authorization. Possession of Equipment without a signed rental agreement, after expiration, or without written consent is unauthorized. Continued possession of Equipment while intentionally avoiding payment, refusing to pay charges due, or failing to return Equipment after demand may constitute theft or theft of services under Arizona law, including A.R.S. § 13-1802 and A.R.S. § 13-1806. Arizona law further provides that theft of services includes: • Knowingly obtaining services without payment or by improper means (A.R.S. § 13-1806(A)(1)) • Failing to pay after receiving services and a reasonable opportunity to do so (A.R.S. § 13-1806(A)(3)) Renter remains fully responsible for return of Equipment and all charges until Equipment is returned to Company possession. 11. MECHANICS’ LIEN RIGHTS (ARIZONA LAW) To the extent permitted by Arizona law, the rental of Equipment may constitute the furnishing of labor, services, or equipment used in the improvement of real property and may give rise to mechanics’ or materialmen’s lien rights under Arizona Revised Statutes Title 33. Renter agrees to provide accurate job site and property owner information upon request and shall not take any action intended to defeat or interfere with Company’s lien rights. Nothing herein waives any statutory lien rights available to Company. 12. LIABILITY, INDEMNIFICATION & GOVERNING LAW Renter assumes all risk associated with possession, transport, and use of Equipment and agrees to indemnify and hold harmless ABEL Equipment Rentals LLC from any claims, damages, losses, or liabilities arising therefrom. This Agreement is governed by the laws of the State of Arizona.