TERMS & CONDITIONS TRANSPARENT EQUIPMENT LLC, a Colorado limited liability company

These Terms govern every equipment rental transaction facilitated by Transparent Equipment LLC ("Transparent Equipment," "we," "us") for the customer on the applicable rental contract, invoice, or booking confirmation ("Customer," "you"). The rental contract contains transaction-specific details (equipment, dates, pricing, delivery/pickup); these Terms are incorporated into every transaction. "Equipment" includes trailers and towed equipment; "delivery" includes Will-Call Pickup. By signing, paying a deposit, accepting delivery, or using the equipment, Customer agrees to these Terms, to the fullest extent permitted by Colorado law throughout.

1. OUR ROLE. Transparent Equipment is an equipment rental broker and sourcing company only. We source equipment from independent third-party providers ("Sourcing Yards") and do not own, manufacture, maintain, service, inspect, repair, transport, or operate it, and do not act as a statutory lessor under C.R.S. § 4-2.5-101 et seq. Sourcing Yards are independent contractors, not our agents or employees. A Sourcing Yard may require its own separate rental agreement covering equipment-specific matters (condition, maintenance, return); these Terms govern only Customer's relationship with Transparent Equipment.
2. SOURCING. A rental request does not guarantee availability until we confirm sourcing. Availability can change due to prior rentals, mechanical issues, scheduling, or circumstances outside our control. If requested equipment becomes unavailable we may offer a substitute (with Customer approval for materially different equipment) or, if we cannot source it, fully refund the deposit.
3. PRICING & PAYMENT. Our pricing is one clear, all-in customer price with taxes included unless law requires separate collection. We do not charge hidden fees or a separate damage-waiver fee (this does not eliminate Customer's liability for damage, loss, theft, or misuse). Our quoted price is a brokered price and may differ from a Sourcing Yard's direct rate.
4. DEPOSIT & BALANCE. A 10% deposit is due at booking (not a security/damage deposit) and is fully refunded if we cannot source the equipment. The remaining balance is due no later than 24 hours before scheduled delivery/pickup unless stated otherwise. If unpaid by the deadline, we may delay, suspend, cancel, or require prepayment before delivery.
5. RENTAL PERIOD. The rental contract sets the rental period. Unauthorized holdover may result in additional rental, transportation, recovery, or loss-of-use charges. Customer remains responsible for the equipment until properly returned or released by the Sourcing Yard.
6. DELIVERY & SITE READINESS. Customer must ensure the delivery site is reasonably accessible and suitable, and must disclose material access or hazard conditions (restricted access, overhead obstructions, unstable ground, weight limits, permits needed, etc.). If delivery fails due to Customer's actions, inaccurate information, or site conditions, Customer may owe reasonable documented third-party charges (transportation, standby, redelivery). Delivery times are estimates unless expressly guaranteed; we are not responsible for delays from traffic, weather, mechanical failure, or Sourcing Yard delays.
7. WILL-CALL / CUSTOMER PICKUP. If delivery isn't required, Customer may pick up equipment at the Sourcing Yard's local yard (hours/location confirmed at booking). Customer is solely responsible for providing a suitable tow vehicle or truck, straps/chains/securement, and for loading, securing, transporting, and unloading the equipment — we do not inspect or warrant Customer's transport vehicle. Customer assumes risk of loss or damage during self-transport and must inspect equipment at pickup per Section 8. Unless stated otherwise, Customer must return equipment to the same yard by the end of the rental period, ordinary wear excepted.
8. TRAILERS & TOWING. Whenever the equipment is a trailer or is towed, Customer is solely responsible for: a suitable tow vehicle with adequate rated capacity, correct hitch/ball/wiring/brake-controller match; ensuring the operator holds any license, DOT, or FMCSA credential the trailer's weight or cargo requires; a pre-tow inspection of tires, lights, brakes, coupler, safety chains, and breakaway system; proper load securement and weight distribution; and safe speeds for conditions. Sourcing Yard-furnished trailers are maintained per Section 9 (maintenance remains the Yard's responsibility); Customer's pre-tow inspection duty is separate and does not shift that responsibility. Damage, loss, or liability from towing is subject to Sections 15, 18, and 19 like any other equipment.
9. INSPECTION & ACCEPTANCE. Customer must inspect equipment at delivery/pickup and before use, and promptly report material damage, missing parts, mechanical problems, safety concerns, or wrong equipment to both the Sourcing Yard and us. Customer must not knowingly operate unsafe or materially defective equipment. Inspection/acceptance does not waive any non-waivable right.
10. MAINTENANCE & SERVICING — SOURCING YARD'S SOLE RESPONSIBILITY. As between Customer, us, and the Sourcing Yard, all scheduled maintenance, preventive maintenance, servicing, mechanical repair, safety inspection, certification, and calibration of rented equipment (including trailers) is the sole and exclusive responsibility of the Sourcing Yard. Transparent Equipment performs, supervises, or warrants none of it and is not responsible in any way for a Sourcing Yard's maintenance failures or resulting mechanical failure, defect, or unsafe condition, regardless of our actual or constructive knowledge. This is distinct from Customer's own routine operator-level maintenance duties (Section 13). Maintenance/servicing claims must be directed to the Sourcing Yard (and manufacturer, if applicable) — Customer releases Transparent Equipment from any such claim to the fullest extent permitted by law.
11. CUSTOMER'S RESPONSIBILITY FOR EQUIPMENT. While equipment is in Customer's possession, custody, or control, Customer is responsible for proper operation, appropriate use, qualified/trained operators, supervision, pre-use inspection, ordinary operator-level maintenance, compliance with manufacturer instructions, applicable law and OSHA, observing rated capacities, securing equipment, preventing unauthorized use, and timely return.
12. OPERATORS. Customer must ensure all operators are properly trained, qualified, and legally permitted, and comply with OSHA, manufacturer instructions, Sourcing Yard rules, and federal/Colorado/local law. Customer is responsible for its employees, contractors, agents, and invitees who use the equipment.
13. PROHIBITED USE & OPERATOR-LEVEL MAINTENANCE. Customer shall not overload equipment, exceed rated capacity, disable safety devices, modify equipment without authorization, use it for an unintended purpose, permit unauthorized operation, operate while impaired, violate law, sublease/transfer/sell/encumber equipment, remove labels, or intentionally abuse or misuse equipment. Customer must perform routine operator-level maintenance (e.g., daily fluid/visual checks) but not significant repairs without authorization. If a mechanical or unsafe condition develops, Customer must stop use when continued operation risks injury or damage, notify the Sourcing Yard and us, and follow reasonable instructions — the underlying repair remains the Sourcing Yard's responsibility (Section 10).
14. EQUIPMENT FAILURE & DOWNTIME. We will use commercially reasonable efforts to facilitate communication with the Sourcing Yard about mechanical failure but do not control its repair personnel, parts, or scheduling. To the fullest extent permitted by law, we are not responsible for project delays, lost profits, labor costs, business interruption, downtime, or other consequential losses from equipment failure, inadequate maintenance, or unavailability.
15. INSURANCE, DAMAGE, LOSS & THEFT. Customer must maintain insurance appropriate to the equipment and use, and provide evidence of coverage when required (general liability, physical damage, auto, workers' comp, etc.), naming Transparent Equipment and/or the Sourcing Yard as additional insured/loss payee where required and permitted by the policy. Customer waives (and will have its insurer waive) subrogation against Transparent Equipment for insured losses, to the extent its policy allows. Customer must take reasonable precautions against damage, theft, vandalism, misuse, and loss, and is responsible for damage/loss/theft/misuse occurring in its possession, custody, or control — except ordinary wear and tear or conditions caused by a Sourcing Yard's maintenance failure. Customer must immediately report theft, significant damage, accidents, or loss to the Sourcing Yard and us and cooperate with investigations and claims. We provide no insurance coverage for Customer.
16. ACCIDENTS. Customer must promptly notify us and the Sourcing Yard of any accident, injury, property damage, rollover, collision, fire, theft, or serious incident, notify authorities/insurers as legally required, preserve evidence, and cooperate with any investigation.
17. NO WARRANTY. Transparent Equipment is a broker only and makes no warranty — express or implied, including merchantability or fitness for a particular purpose — regarding equipment condition, performance, safety, capacity, maintenance status, or suitability, and disclaims any statutory lessor warranty under C.R.S. § 4-2.5-101 et seq. to the extent that article is ever held to apply to our brokerage services. Any manufacturer/owner/Sourcing Yard warranty is separate from us. Customer alone is responsible for determining equipment suitability for its project, site, and operators; we do not act as Customer's engineer, safety consultant, or project manager. Nothing here limits any warranty or remedy that cannot legally be excluded.
18. RELEASE. To the fullest extent permitted by Colorado law, Customer releases and holds harmless Transparent Equipment and its members, managers, officers, employees, and agents ("Released Parties") from claims arising from Customer's possession, operation, use, or transportation of equipment; its jobsite, personnel, or project activities; misuse; failure to follow safety rules or maintain insurance; a Sourcing Yard's maintenance or servicing; or breach of these Terms — for bodily injury, death, property damage, or economic loss, except liability that cannot lawfully be released.
19. INDEMNIFICATION. To the fullest extent permitted by Colorado law, Customer will defend, indemnify, and hold harmless the Released Parties from third-party claims, damages, judgments, fines, and reasonable attorneys' fees arising from: possession, operation, or transport of equipment; acts/omissions of Customer's personnel; Customer's worksite; Customer's negligence or misconduct; Customer's breach of these Terms or a Sourcing Yard agreement; equipment damage/loss/theft while in Customer's possession; bodily injury, death, or property damage caused by Customer; Customer's failure to maintain required insurance; Customer's violation of law or regulation; and unauthorized use of equipment. Customer is not required to indemnify a Released Party for that party's own sole negligence or willful misconduct, or where indemnification would violate law, including C.R.S. § 13-21-111.5 for transactions deemed "construction agreements" under that statute. Where indemnification applies, Customer must defend upon written notice; the Released Party may participate with its own counsel; Customer may not settle in a way that imposes liability, payment, or an admission on a Released Party without its prior written consent. We will give reasonably prompt notice of known claims, and Customer must cooperate with investigations and claims; delayed notice does not eliminate the indemnity obligation absent material prejudice or contrary law.
20. LIMITATION OF LIABILITY. To the fullest extent permitted by Colorado law, Transparent Equipment is not liable for indirect, incidental, special, exemplary, punitive, or consequential damages (lost profits, revenue, business opportunities, project delays, labor costs, downtime, loss of use, or replacement costs). Our aggregate liability for a transaction will not exceed the amount Customer paid directly to us for that transaction (excluding pass-through amounts to a Sourcing Yard). This limitation does not apply to liability that cannot legally be limited, including our own gross negligence or willful misconduct where Colorado law prohibits limiting it.
21. DEFAULT & CANCELLATION. Customer is in default for nonpayment, material breach, lapsed insurance, false information, misuse, unauthorized operation, refusal to return, abandonment, or violation of law; we may then suspend or terminate the transaction and pursue available remedies. Customer may cancel before sourcing is confirmed for a full deposit refund; after confirmation, cancellation is subject to the Sourcing Yard's policy and Customer may owe documented third-party costs. We may cancel or suspend if equipment can't be sourced, Customer fails to pay or provide required insurance/information, the site is unsafe, the Sourcing Yard withdraws the equipment, the transaction would violate law, or force majeure prevents performance (severe weather, disaster, transportation disruption, labor dispute, governmental action, etc.) — in which case a deposit is refunded if we could not source the equipment.
22. LEGAL TERMS. Governing law: Colorado, without regard to conflict-of-law rules, except where mandatory federal law controls. Venue: courts of competent jurisdiction in Colorado, without prejudice to emergency equitable relief. The prevailing party in a dispute may recover reasonable attorneys' fees and costs, and Customer is responsible for our reasonable costs enforcing payment or recovering equipment. Electronic signatures, approvals, and records are valid acceptance under the Colorado Uniform Electronic Transactions Act. Notices must be in writing to the address/email/phone on file. These Terms, the rental contract, invoice, and any signed amendments are the entire agreement; website or promotional content does not modify them. Order of precedence: mandatory law, a signed transaction-specific amendment, the rental contract, these Terms, then general website content — with the applicable Sourcing Yard agreement governing equipment-specific ownership, maintenance, and return matters consistent with Section 10. If any provision is invalid or unenforceable, the rest remains in effect; failure to enforce a provision once is not a waiver. Customer may not assign its rights or transfer equipment without our written authorization; we may assign these Terms in connection with a merger, reorganization, or sale of substantially all assets.
23. ACKNOWLEDGMENT. By signing the rental contract, paying a deposit or balance, accepting delivery/pickup, or using the equipment, Customer acknowledges: Transparent Equipment is a broker only, not an owner, lessor, or maintenance provider; equipment is supplied, maintained, and serviced by independent Sourcing Yards, and all maintenance/servicing responsibility rests solely with the Sourcing Yard; if Customer elects Will-Call Pickup, Customer is solely responsible for transport, loading, and securement (Section 7); if the equipment is a trailer or towed, Customer is solely responsible for proper towing, hitching, and licensing (Section 8); availability isn't guaranteed until sourcing is confirmed; a 10% deposit is due at booking and fully refundable if we cannot source the equipment; the balance is due 24 hours before delivery; our price is a brokered price, not necessarily the Sourcing Yard's direct rate; we charge no separate damage-waiver fee; Customer is responsible for insurance and proper, lawful operation, and may be liable for damage, loss, theft, misuse, or unauthorized use; and Customer has reviewed and agrees to the release, indemnification, insurance, maintenance-disclaimer, and limitation-of-liability provisions above, to the fullest extent permitted by Colorado law.