United Guard Service Contract Terms and Conditions - US (English)

Non-Vehicle Service Contract Agreement

Last Update: Jul2021v1

Nota: You can select one of three Coverage terms: 3, 6 or 12 months. Please review Your Invoice to make certain Your selection is correct.

UNITED GUARD SERVICE CONTRACT COVERAGE IS AVAILABLE TO ORIGINAL BUSINESS PURCHASERS OF CERTAIN NEW AND USED PRODUCTS AND EQUIPMENT (THE "EQUIPMENT") DIRECTLY FROM UNITED RENTALS, INC. (TOGETHER WITH ITS SUBSIDIARIES AND AFFILLIATES, THE "OBLIGOR," "US" OR "WE") WITHIN 72 HOURS OF EQUIPMENT PURCHASE.

THIS NON-VEHICLE SERVICE CONTRACT AGREEMENT (THIS "AGREEMENT") IS NOT AN INSURANCE CONTRACT AND IT IS AVAILABLE ONLY TO UNITED RENTALS' DIRECT COMMERCIAL CUSTOMERS.

In return for payment by a direct commercial customer ("You" or the "Customer'') of the contract price specified on the Equipment Sale Agreement/Invoice ("Your Invoice") that is attached hereto and is hereby Incorporated by reference into this Agreement, the Obligor agrees with You as follows:

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1. WHAT IS COVERED

Subject to all of the terms and conditions of this Agreement, particularly Sections 6 and 7 hereof, and further subject to the coverage term (3, 6 or 12 month) as referenced on your Invoice, the Obligor will repair or replace the Equipment on behalf of the Customer in the event the covered Equipment or any component thereof fails to function during normal use. Wear, tear, and abuse of covered Equipment are excluded. At the discretion of the Obligor, replacement parts used in covered repairs may include non-original equipment manufacturer parts, new, remanufactured, or used parts that meet the quality standards of the repairer or the Obligor. If the Equipment cannot be repaired, if the cost of the repair exceeds the original purchase price, if the parts are not available due to the age of the Equipment, or parts have been discontinued by the   manufacturer, the Equipment will be replaced with equipment of comparable features, taking into consideration age, wear, and tear. If the Equipment is replaced, the term of the Agreement is completed, and the Obligor will have no further obligation to You.

2. NOT A LIMITED WARRANTY

This Agreement is a service contract providing specified repair or replacement benefits to You. This Agreement is not a limited warranty or manufacturer’s warranty. However, if You have purchased new equipment directly from Us and You have also purchased service contract coverage from Us for the new equipment, then You will have the benefit of the manufacturer’s limited warranty, and after the manufacturer’s limited warranty expires, You will have the benefit of this Agreement for the Coverage Term that You select and that is specified on your Invoice. New Equipment is defined as Equipment

1) retailed directly by United Rentals, Inc. to Customers, 2) supplied to Customers in the manufacturer's original packaging, and 3) never previously used by anyone.

3. NO WARRANTIES TO CONSUMERS

The Obligor makes no warranties to those defined as consumers in the Magnuson- Moss Warranty-Federal Trade Commission Improvement Act.

4. COVERAGE TERM

The effective dates (i.e. beginning date and ending time of coverage) and duration of this Agreement are specified on the face of your Invoice, consistent with your selection of 3, 6 or 12 month coverage, or until the Equipment is replaced, if necessary. In the event an authorized repairer is repairing the Equipment when this Agreement expires, the term of this Agreement will be extended until the covered repair has been completed.

5. LIMIT OF LIABILITY

The limit of liability for any claim under this Agreement is the market value of the Equipment at time of claim, as determined by the Obligor.

6. COVERED ITEMS AND EXCLUSIONS

Subject to the exclusions and limitations set forth in this Section 6, and in Section 7, of this Agreement, the Equipment will be covered against failure, subject to the Equipment being fully serviced, in accordance with the manufacturer's service instructions, at the intervals recommended by the manufacturer and subject to the Customer's compliance with the terms and conditions of this Agreement.

A) Coverage:

The parts and components that are covered under this Agreement are as follows:

United Guard:

ENGINE: The following internal components: block, cylinder liners, piston, piston rings, piston pins, cylinder heads, head gasket, crankshaft, main bearings, con rods, con rod bearings. balance assemblies, camshaft and followers, push rods, tappets, valves, springs and guides, timing gears, lubrication pump and drive components including failure of casting assembly, thrust bearings, internal oil seals, external oil seals (internal failure), bushes, external pump drive gear.

TRANSMISSION TRANSAXLE: The following components: charging pumps, gear train and shafts, thrust washers, bushes, needle roller bearings, bearings, gears, internal seals, input and output seals (internal failure), clutch packs, couplings, oil lubrication pumps, main control valves, relief valves, torque converter, gearshift controller electrical and mechanical, electronic control (black-box), transmission casing, PTO drives.

DRIVE LINES: Main shafts, sliding points, flange/yoke end of drive lines, pivot shaft, pivot shaft support bearings.

DRIVE AXLES/FINAL DRIVES: Bearings, shafts, thrust washers, seals, input seals (internal failure), tension springs, bull gears, pinions, ring gears, crown wheels, internal differential gears and locks, axle case, differential case, yokes, wheel hubs.

ELECTRICAL: Batteries, wiring, motors, solenoids, solenoid valves, electric instrument panel, switches, relays, sender units, hour meters, gauges, sensors, black-box, microproccessor/ECU/ECM, starter motor, alternator, regulators, controllers, generators, coils.

COOLING SYSTEM: Hoses, fan belts, blowers, fans, fan belt tensioners, water pump, internal bearings and seals, fan thermostat, thermostat, oil coolers, radiators and cab heating assembly, intercoolers, aftercoolers, heat exchangers, and air conditioners.

FUEL SYSTEMS: Injectors, hoses, fillings, fuel lift pump, fuel injection pump, engine priming

pump, fuel tanks, carburetors, and propane regulators.

HYDRAULICS: Hoses, "O"-rings, external seals, exposed pipes, rubber mountings, hydraulic tank breathers, hydraulic/hydrostatic motors, hydraulic/hydrostatic pumps, hydraulic control valves, relief valves, accumulators, shuttle valve, hydraulic tank and mounting, hydraulic cylinders (rams), electro/hydraulic valves, check valves.

MAIN FRAME/CHASSIS: Chassis, mainframe, track frames, equalizer bars/pivot, mainframe/chassis, cylinder mountings, pins, bearings, bushes, seals, trunnion, trunnion housing, trunnion brackets, axle mountings, steering cylinder mountings, axle trunion, mast, mast rollers, carriage, carriage rollers, boom, tele-boom, boom mountings, boom cylinder mountings, pins, bushes, seals stabilizer.

CASTINGS AND CASINGS, UNDERCARRIAGE, IDLERS, TRACK ADJUSTERS, RUNNING

GEAR: Bearings, shaft, thrust washers, seals, input seals (internal failure), front idlers, idler shafts, track adjuster assembly, tension springs, bull gears, pinions, crown wheels, yokes, steering and brake controls, final drive shaft, sprockets/segments (for breakage where applicable).

OTHER COMPONENTS: Compressor air end components, generator/welder electrical end components, water pump – pump end components, ROPS & FOPS structures.

7. LIMITATIONS

THIS AGREEMENT DOES NOT COVER: FAILURE OF THE EQUIPMENT DUE TO OPERATION UNDER CONDITIONS OTHER THAN THOSE FOR WHICH IT IS DESIGNED; INSTALLATION OR SETUP COST; DIAGNOSTIC CHARGES; LOSSES COVERED UNDER A MANUFACTURER'S LIMITED WARRANTY; PERIODIC CHECKUPS AND/OR MAINTENANCE; LOSS OF REVENUE OR PROFITS; LOSS OF USE OF THE EQUIPMENT; EQUIPMENT NOT ORIGINALLY COVERED BY A MANUFACTURER'S WARRANTY VALID FOR USA PURCHASERS. THE PURCHASER SHALL PERFORM ALL PERIODIC AND PREVENTATIVE MAINTENANCE RECOMMENDED BY THE MANUFACTURER TO MAINTAIN THE EQUIPMENT IN PROPER OPERATING CONDITION. NEITHER LOSS OR DAMAGE RESULTING FROM THE FAILURE TO PROVIDE MANUFACTURER'S MAINTENANCE NOR LOSS OR DAMAGE RESULTING FROM NORMAL WEAR AND TEAR, ARE COVERED BY THIS AGREEMENT

THE FOLLOWING COSTS ARE THE RESPONSIBILITY OF THE CUSTOMER:

  1. REPAIR OR REPLACEMENT OF PARTS NORMALLY DESIGNATED TO BE REPLACED PERIODICALLY OR CONSUMED DURING THE LIFE OF THE EQUIPMENT: E.G., AIR OR WATER FILTERS, FUSES, COSMETIC ITEMS. OR NON-FUNCTIONAL PARTS.
  2. DAMAGES RESULTING FROM
    1. USE OF ACCESSORIES NOT APPROVED BY THE MANUFACTURER.
    2. INCORRECT CONNECTION OF SIGNAL LEADS OR INCORRECT ELECTRICAL SUPPLY; FAILURE, OR IMPROPER USE OF ANY ELECTRICAL SOURCE; ELECTRICAL CONNECTION TO OTIIER EQUIPMENT NOT RECOMMENDED FOR INTERCONNECTION BY THE MANUFACTURER OF THE EQUIPMENT; OR BATTERY LEAKAGE.
    3. EXTERNAL CAUSES INCLUDING FIRE, THEFT, ACCIDENT, COLLISION WITH AN OBJECT, IMPACT DAMAGE, INSECTS, ANIMALS, SAND, DIRT, EXPOSURE TO WEATHER CONDITIONS, WINDSTORM, HAIL, LIGHTNING, EARTHQUAKE, AN ACT OF GOD, EXPLOSION, FLOOD, WATER, NUCLEAR / BIOLOGICAL/ CHEMICAL / RADIOLOGICAL CONTAMINATION, OR ABNORMAL VARIATION OF ELECTRICAL OR WATER SUPPLY.
    4. ABUSE, MISUSE, OR NEGLECT.
    5. LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM WAR, INVASION OR ACT OF FOREIGN ENEMY HOSTILITIES, TERRORISM (DOMESTIC OR FOREIGN IN ORIGIN), CIVIL WAR, REBELLION, INSURRECTION, RIOT, STRIKE, LABOR DISTURBANCE, LOCKOUT, OR CIVIL COMMOTION.
    6. EMBARGO OR ACTS OF GOVERNMENT.
  3. FREIGHT CHARGES FOR EXPEDITED PARTS DELIVERY.
  4. TRANSPORTATION COSTS
  5. CHARGES FOR SERVICE WHERE NO PROBLEM CAN BE FOUND.
  6. CHARGES FOR EQUIPMENT ENHANCEMENTS, UPGRADES, CUSTOMER ADJUSTMENTS, PROGRAMMING, EDUCATION, OR ANY OTHER OPERATION THAT IS NOT A COVERED REPAIR OR SERVICE EVENT.
8. HOW TO OBTAIN SERVICE

In order to obtain service, contact the United Rentals Branch shown on your Invoice to obtain information regarding the appropriate authorized service location. All repairs must be authorized by the Obligor prior to performance of covered work. OUTSIDE NORMAL BUSINESS HOURS CONTACT THE OBLGOR AT [1-800-UR-RENTS] TO SCHEDULE SERVICE OR REPAIRS. If emergency repairs are required outside of NORMAL business hours, CALL [1-800-UR-RENTS].

9. TRANSPORTATION COSTS

Customer is responsible for transportation costs incurred in connection with any and all repairs and/or services provided pursuant to this Agreement.

10. LIMITATION OF LIABILITY

NEITHER THE OBLIGOR, NOR ANY REPAIR, IS LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF REVENUES OR PROFITS, LOSS OF USE OF COVERED EQUIPMENT, OR ANY OTHER DAMAGES RESULTING FROM THE BREAKDOWN OR FAILURE OF THE EQUIPMENT SERVICED UNDER THIS AGREEMENT, DELAYS IN SERVICING, OR THE INABILITY TO SERVICE THE EQUIPMENT.

11. ENTIRE AGREEMENT

Together with your Invoice, this is the entire Agreement between the parties, and no representation, promise, or condition not contained herein shall modify these terms.

12. TRANSFERABILITY

This Agreement is for the benefit of the Customer named on Your Invoice only and is not transferable.

13. CANCELLATION

You may cancel this Agreement for any reason at any time by calling the United Rentals branch where You purchased the Equipment at the number shown on your Invoice. If You cancel this Agreement within thirty (30) days of receipt of this Agreement, You will receive a full refund, less the cost of any claims. If You cancel after thirty (30) days of receipt of this Agreement, the Obligor will pay You a pro rata refund based on the time expired, less a $25.00 cancellation fee or 10% of the pro rata amount (whichever is less), less the cost of any claims. IN GEORGIA ONLY: You may cancel this Agreement at any time and receive a pro rata refund premium. The Obligor may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You; or, if required to do so by any regulatory authority. Notice of such cancellation will be in writing and given at least 30 days prior to cancellation. IN HAWAII, NORTH CAROLINA, AND NEW YORK ONLY: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of return of service contract by purchaser. The purchaser of this Agreement is not required to purchase the Equipment or obtain financing for the Equipment. The Obligor may not cancel this Agreement except for non-payment by you. IN NEW MEXICO ONLY: If this Agreement has been in effect at least seventy (70) days, it may not be canceled by the Obligor before the expiration of the agreed term or one year after the effective date of this Agreement, whichever occurs first, except on any of the following grounds: (1) failure by You to pay an amount when due; (2) Your conviction of a crime that results in an increase in the service required under this Agreement; (3) discovery of fraud or material misrepresentation by You in obtaining the service contract or in presenting a claim for service thereunder; or, (4) discovery of either of the following if it occurred after the effective date of this Agreement and substantially and materially the service required under this Agreement: (a) an act or omission by You; or (b) a violation by You of any condition of this Agreement. No cancelation of this Agreement may become effective until at least fifteen days after the notice of cancellation is mailed to You. IN TEXAS ONLY: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-six (46) days of return of service contract by purchaser. IN WISCONSIN ONLY: If You cancel within thirty (30) days, you will receive a pro rata refund based on the time expired less actual cost of charges needed to issue and service the warranty contract. THIS AGREEMENT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE.

14. ARBITRATION

The parties agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this contract, including the validity of this arbitration clause, shall be resolved by binding arbitration by the National Arbitration Forum, under the Code of Procedure then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court having jurisdiction, including remedies of repossession, replevin, foreclosure, or other remedies where property would be subject to reclamation or disposition. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective. Information may be obtained and claims may be filed at any office of the National Arbitration Forum, at www.adrforum.com, or by mail at P.O. Box 50191, Minneapolis, MN 55405. This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16.

YOU AND WE UNDERSTAND AND AGREE THAT BECAUSE OF THIS ARBITRATION CLAUSE NEITHER OF US WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE A JURY TRIAL, OR TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OR CLAIMANTS PERTAINING TO ANY CLAIM.

15. FOR RESIDENTS OF NEW HAMPSHIRE

In the event you do not receive satisfaction under this agreement, you may contact the New Hampshire Insurance Department:

New Hampshire Insurance Department
21 South Fruit St.
Suite 14
Concord. NH 0330l Phone: 603-271-2261

16. FOR RESIDENTS OF UTAH

Coverage afforded under this Contract is not guaranteed by the Property and Casualty Guaranty Association.