Terms & Conditions

By booking, accepting delivery of, or using any equipment from Pacific Iron Rental LLC (“Company,” “we,” “our,” “us”), the individual or entity renting the equipment (“Renter,” “you,” “your”) agrees to be legally bound by these Terms & Conditions (“Terms”), the Equipment Rental Agreement, the Waiver of Liability and Assumption of Risk, and our Privacy Policy (collectively, the “Agreement”). If you do not agree to all provisions of this Agreement, do not book, accept delivery of, or use the equipment.

You represent and warrant that you are at least 18 years of age, legally competent to enter into binding contracts under the laws of the State of California, and have the legal authority to bind any entity on whose behalf you are entering into this Agreement.

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

• “Equipment” means the Kubota U27-4R1 Mini Excavator, Big Tex 14LP-16 Low-Profile Dump Trailer, and all standard attachments, accessories, keys, manuals, and GPS tracking devices provided by the Company.
• “Rental Period” means the period beginning at the time of equipment delivery to the Renter’s designated job site and ending at the time the equipment is retrieved by the Company.
• “Job Site” means the Renter’s designated location where the Equipment is to be delivered and used.
• “Normal Wear” means deterioration that occurs from ordinary, proper use consistent with the manufacturer’s operating specifications.
• “Damage” means any harm or impairment beyond Normal Wear, including dents, scratches, broken components, hydraulic leaks, track damage, structural damage, or cosmetic damage caused by misuse, negligence, accident, or failure to follow operating instructions.

All rentals include the following equipment, rented together as a single package:

• Kubota U27-4R1 Mini Excavator — 2.7-metric-ton compact excavator with rubber tracks, canopy, standard blade, and zero tail-swing. Serial number and hour-meter reading documented at delivery.
• Big Tex 14LP-16 Low-Profile Dump Trailer — 14,000 lb GVWR, 16-ft bed with 24-inch sides, 9,750 lb payload capacity. VIN and condition documented at delivery.
• Standard digging bucket and operator’s manual

The Company retains sole and exclusive ownership of all Equipment at all times. No rental, possession, or use of the Equipment shall create or imply any right, title, or interest in the Equipment in favor of the Renter. The Renter shall not sell, assign, pledge, mortgage, sublease, or otherwise encumber the Equipment or any interest therein.

Rental periods are calculated by calendar day (inclusive of delivery and pickup days), beginning at the time of delivery and ending at the time of pickup. Multi-day bookings automatically receive the best available rate. Current pricing:

California sales tax (currently 7.75% in Orange County; actual rate determined by delivery location) is applied to the base rental rate. Pricing is subject to change without notice; however, the rate confirmed at the time of booking shall apply to that rental.

Bookings are placed online at pacificironrental.com/book or by contacting the Company directly. A valid credit card is required at booking via Stripe. Debit cards and prepaid cards are not accepted.

Your credit card is saved securely but is not charged at the time of booking.

Authorization Hold: At the time of delivery, an authorization hold is placed on your credit card for the estimated rental amount plus a $1,000 refundable security deposit. The rental amount is charged only after the Equipment is returned and inspected. The deposit hold is released within 5–10 business days of return if the Equipment is in satisfactory condition.

Additional Charges: Charges beyond the quoted rental rate (including late return fees, damage repair costs, fuel surcharges, cleaning fees, or missing attachment replacement) will be charged to the credit card on file. The Renter authorizes the Company to charge the card on file for any such amounts without further notice.

The Company will deliver the Equipment to the Renter's Job Site. At delivery, a joint pre-rental inspection documents the condition of the Equipment, including hour-meter readings and pre-existing damage. The Renter's acceptance of the Equipment at delivery constitutes acknowledgment that the Equipment is in good working order and suitable for the Renter's intended use.

The Renter is responsible for:

• Providing a clear, accessible delivery path and level staging area
• Ensuring the location can support the weight of the Equipment and delivery truck
• Being present (or having an authorized representative present) at delivery
• Notifying the Company of access restrictions, HOA rules, street parking limitations, or permit requirements before delivery
• Obtaining all necessary permits, including 811 Underground Service Alert utility locates

NO OPERATOR TRAINING PROVIDED: Pacific Iron Rental LLC does not provide operator training, certification, or instruction of any kind. The Renter is solely responsible for ensuring all operators are competent, experienced, properly trained, and qualified.

The Renter agrees to:

• Operate the Equipment only for its intended purpose (earthmoving, grading, trenching, loading, hauling)
• Operate in accordance with the manufacturer’s specifications and all applicable laws
• Not sublease, loan, or allow unauthorized persons to operate the Equipment
• Ensure all operators are at least 18 years of age with adequate experience
• Not remove or alter any markings, serial numbers, safety labels, or GPS devices
• Keep the Equipment secured against theft and vandalism
• Immediately cease use and contact the Company if any malfunction arises
• Return the Equipment in the same condition as received, less Normal Wear
• Refuel the excavator to the level documented at delivery
• Provide all necessary personal protective equipment (PPE). The Company does not provide PPE or safety equipment of any kind

The Equipment shall not be used for any of the following. Violation constitutes a material breach resulting in immediate termination, forfeiture of the security deposit, and the Renter's obligation to indemnify and hold harmless the Company for all resulting claims, damages, and expenses.

General Prohibitions

• Any illegal activity or purpose
• Operation by any person under the influence of alcohol, drugs, or impairing substances
• Lifting, suspending, or transporting persons
• Towing beyond rated capacity or operation on public roads or highways
• Any use exceeding rated capacity or manufacturer’s specifications
• Operation in or near bodies of water or unstable ground without prior written approval
• Use of Equipment as collateral or subject of any lien
• Removal of Equipment from the designated Job Site without prior written approval

Excluded Operations (Insurance Policy Exclusions)

The following operations are expressly excluded under the Company's insurance policy:

• Dam or levee construction, maintenance, repair, or demolition
• Mine operations or mining-related excavation of any kind
• Oilfield operations or any oilfield-related work
• Tract home work (mass residential housing developments or subdivision grading)
• Any operation involving cranes in excess of 100 feet

The Renter is responsible for all Damage to, loss of, or theft of the Equipment from the time of delivery until retrieval by the Company. Damage charges are based on the actual cost of repair as determined by the Company's repair vendor. If the Equipment is deemed a total loss, the Renter is liable for the full fair market replacement value.

The Renter is also responsible for damage to third-party property, underground utilities, and other improvements caused during operation of the Equipment.

Theft Reporting: In the event of theft, the Renter must: (a) immediately notify the Company at (949) 385-3576; (b) file a police report within 24 hours; and (c) provide a copy of the police report to the Company. Failure to comply may result in the Renter being held liable for the full replacement value of the Equipment.

At the end of the Rental Period, the Company will retrieve the Equipment. The Renter must ensure the Equipment is accessible, reasonably clean, and that all attachments, keys, and manuals are returned. The excavator must be refueled to the level documented at delivery (unless the Pre-Pay Fuel option was selected).

A post-rental inspection will be conducted. If the Renter is not present at pickup, the Company's documented assessment shall be presumed accurate and binding.

Cleaning Fee: A cleaning fee of up to $250 may apply if the Equipment requires more than routine cleaning.

Equipment not available for pickup at the scheduled end of the Rental Period will be charged at $450 per additional calendar day. Contact (949) 385-3576 before the return date to request an extension. Extensions are subject to equipment availability.

If the Equipment is not returned within 48 hours of the scheduled end without prior arrangement, the Company reserves the right to enter the Job Site and retrieve the Equipment without further notice, and the Renter shall be responsible for all costs of recovery.

• Free cancellation anytime before delivery — no fees apply
• No-show or same-day cancellation after delivery is en route — 1-day rental fee ($450) plus delivery costs may apply
• Weather-related cancellations — case-by-case basis; contact (949) 385-3576 as soon as possible

This assumption of risk applies to the Renter and to all persons who operate, are near, or are affected by the Equipment during the Rental Period, including employees, contractors, subcontractors, agents, invitees, and any other person present at the Job Site.

Nothing in these Terms shall limit the Company's liability for death or personal injury caused by gross negligence or willful misconduct, or for any liability that cannot be excluded or limited under applicable California law.

The Company does not warrant that the Equipment is suitable for the Renter's specific project, soil conditions, terrain, or intended use. The Company warrants only that the Equipment will be in operable mechanical condition at the time of delivery. The Renter's sole and exclusive remedy for mechanical defects is an adjustment of rental charges for any period the Equipment is inoperable due to mechanical failure not caused by the Renter.

The Renter agrees to indemnify, defend, and hold harmless Pacific Iron Rental LLC, its owners, members, managers, employees, agents, and affiliates from and against any and all claims, demands, actions, suits, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• (a) The Renter’s use, operation, possession, transportation, or return of the Equipment
• (b) Any personal injury, death, or property damage caused by or arising from the Equipment during the Rental Period
• (c) Any breach of this Agreement by the Renter
• (d) Any violation of applicable law by the Renter or the Renter’s employees, contractors, or agents
• (e) Any claim by the Renter’s employees, contractors, subcontractors, or third parties related to the Equipment
• (f) Damage to underground utilities, structures, or third-party property
• (g) Any use of the Equipment for a prohibited or excluded operation as defined in Section 9
• (h) Any environmental contamination or remediation costs arising from the Renter’s use of the Equipment

This indemnification obligation shall survive the termination or expiration of this Agreement and the return of the Equipment.

The Renter is solely responsible for maintaining adequate insurance coverage during the entire Rental Period. At a minimum, the Renter shall maintain:

• Commercial General Liability Insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate
• Physical Damage Insurance (inland marine or equivalent) covering the full replacement value of the Equipment against all risks including theft, vandalism, fire, collision, overturn, flood, and weather damage

The Renter's insurance policies shall name Pacific Iron Rental LLC as an additional insured (for liability) and as loss payee (for physical damage). Upon request, the Renter shall provide a certificate of insurance evidencing such coverage prior to delivery.

Pacific Iron Rental LLC does not provide insurance coverage for Renters. The Renter's failure to maintain adequate insurance does not diminish the Renter's obligations or liability under this Agreement.

Waiver of Subrogation: The Renter shall cause its insurers to waive all rights of subrogation against Pacific Iron Rental LLC.

All Equipment is equipped with GPS tracking devices for security, logistics, and loss-prevention purposes. The Renter shall not tamper with, disable, or interfere with any GPS device. Tampering constitutes a material breach and may result in immediate termination and forfeiture of the security deposit. The Renter consents to GPS tracking during the entire Rental Period.

The Company reserves the right to inspect the Equipment at any reasonable time during the Rental Period upon reasonable notice to the Renter. The Renter shall provide the Company with access to the Equipment and the Job Site for inspection purposes.

Events of default include:

• Failure to pay any amount due
• Breach of any provision of this Agreement
• Prohibited or excluded use of Equipment
• Tampering with GPS devices
• Abandonment or failure to return Equipment
• Renter insolvency, bankruptcy, or assignment for the benefit of creditors
• Any material misrepresentation by the Renter

Upon default, the Company may, at its sole discretion: (a) declare all amounts immediately due and payable; (b) terminate the Agreement; (c) enter the Job Site to retrieve Equipment without liability for trespass; (d) charge all costs to the credit card on file; and (e) pursue any other legal remedy available. All remedies are cumulative and not exclusive.

The Renter shall not permit any mechanic's lien, materialman's lien, or any other lien to be placed upon the Equipment. The Renter shall immediately notify the Company of any lien or claim of lien against the Equipment. The Renter shall promptly take all action necessary to discharge or bond over any such lien at the Renter's sole expense. Any lien placed on the Equipment due to the Renter's actions constitutes a material breach of this Agreement.

The Renter shall comply with all applicable federal, state, and local environmental laws and regulations in connection with the use of the Equipment. The Renter is solely responsible for:

• Proper handling and disposal of all excavated materials, debris, and waste
• Prevention and remediation of any fuel spills, hydraulic fluid leaks, or other environmental contamination caused during the Rental Period
• Compliance with all hazardous materials regulations
• All costs associated with environmental remediation arising from the Renter’s use of the Equipment

This obligation survives termination of this Agreement.

The Renter is solely responsible for obtaining and maintaining all permits, licenses, and approvals required for the work performed using the Equipment, including but not limited to building permits, grading permits, encroachment permits, and 811 Underground Service Alert utility locates. The Company assumes no responsibility for the Renter's failure to obtain required permits or utility locates.

Neither party shall be liable for delays or failure to perform caused by circumstances beyond reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, terrorism, government orders, labor disputes, supply chain disruptions, or utility failures. The affected party shall provide prompt written notice. If a force majeure event prevents delivery, the rental will be rescheduled or cancelled at no charge.

Governing Law: This Agreement is governed by and shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

Negotiation: The parties agree to attempt good-faith negotiation for not less than 30 days before initiating formal legal proceedings.

Jurisdiction and Venue: Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Orange County, California, and the parties irrevocably consent to the jurisdiction and venue of such courts.

Prevailing Party: In any action to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert witness fees, court costs, and all other expenses incurred in connection with such action.

If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from this Agreement. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

This Agreement, together with the Equipment Rental Agreement, the Waiver of Liability and Assumption of Risk, and the Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral. No amendment or modification of this Agreement shall be effective unless in writing and signed by an authorized representative of Pacific Iron Rental LLC. The Company's failure to enforce any provision shall not constitute a waiver of that provision or any other provision.

The Renter shall not assign, transfer, delegate, or sublease this Agreement or any rights or obligations hereunder without the prior written consent of the Company. Any attempted assignment without consent is void and of no effect. The Company may assign this Agreement without restriction.

Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties. Neither party has the authority to bind the other or incur obligations on behalf of the other.

Notices: Notices shall be in writing and deemed given when delivered personally, sent by email with confirmation of receipt, or sent by certified mail, return receipt requested, to the addresses specified in this Agreement. Company email for notices: info@pacificironrental.com.

Survival: The following provisions survive termination or expiration of this Agreement: Definitions (3), Equipment Ownership (4), Prohibited Uses (9), Damage, Loss & Theft (10), Assumption of Risk (14), Limitation of Liability (15), Disclaimer of Warranties (16), Indemnification (17), Insurance (18), Mechanic's Lien (21), Environmental Compliance (22), Governing Law (25), Waiver of Jury Trial (26), Severability (27), and this clause (30).

Electronic Signatures: Section headings are for convenience only and shall not affect the interpretation of this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed an original. The parties agree that electronic signatures (including DocuSign) shall have the same legal force and effect as original handwritten signatures.

Changes to These Terms: Pacific Iron Rental LLC reserves the right to update these Terms & Conditions at any time. Changes are effective upon posting to pacificironrental.com. The Terms in effect at the time of your booking shall apply to your rental.