Terms & Conditions
These terms apply to commercial equipment rentals.
Review your quote or order for the specific equipment, rental term, pricing and other transaction details. Sales and other transactions may have separate written terms.
On this Page
- Definitions
- Rental Term Billing
- Shipment
- Taxes and Charges
- Inspection and Notice
- Nonfunctional Equipment
- Authorized use; Compliance with Laws
- Care and Maintenance
- Title and Restrictions
- Return of Equipment
- Risk of Loss
- Disclaimer
- Indemnification
- Limitation of Liability
- Customer Default
- Force Majeure.
- Governing Law and Disputes
- Notices
- Miscellaneous
eff. September 24, 2026
These Equipment Rental Terms and Conditions govern each rental of equipment by Transient Specialists, Inc. to a commercial Customer. The Customer should read them before placing an order. Customer represents that it is acquiring the Equipment solely for business or commercial purposes and not for personal, family, or household use.
Customer accepts the Agreement by any of the following: (a) signing or electronically accepting a Quote or Order; (b) checking an online box or taking another electronic action indicating agreement to these Terms; (c) issuing a purchase order or other order in response to a Quote; (d) paying any amount due; or (e) accepting delivery or using the Equipment. The individual accepting the Agreement represents that the individual has authority to bind Customer.
These Terms control over any additional or conflicting terms contained in or attached to Customer’s purchase order or other document, all of which TSI rejects. Customer’s terms will not become part of the Agreement merely because TSI fulfills the Order or references Customer’s purchase order number.
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Definitions.
“TSI” means Transient Specialists, Inc. “Customer” means the person or entity identified in the applicable Quote or Order. “Equipment” means the equipment, accessories, manuals, software, components, and other items supplied by or through TSI. “Quote” means TSI's quotation, proposal, or other written offer identifying the Equipment and commercial terms. “Order” means an accepted Quote, website order, order confirmation, or other transaction under which TSI rents Equipment to Customer. “Terms” means these Equipment Rental Terms and Conditions. “Agreement” means the applicable Order together with these Terms and any document expressly incorporated by TSI. -
Rental Term, Billing, and Cancellation.
The initial rental term stated in the applicable Order (the “Rental Term”) is noncancelable. TSI may, in its discretion, permit Customer to cancel a confirmed Order before shipment. Unless TSI agrees otherwise in writing, any permitted cancellation is subject to a restocking charge equal to 20% of the total rental charges stated in the Order. Billing begins two days after the Equipment is shipped, unless the applicable Order provides otherwise. The rental may not be renewed or extended without TSI’s approval. If TSI approves an extension, Customer is responsible for all additional rental charges that accrue, whether or not Customer issues an additional purchase order. Customer shall pay all invoices within 30 days after the invoice date, unless the applicable Order provides otherwise. If an invoiced amount remains unpaid more than 90 days after its due date, TSI may, in its discretion, assess a one-time late charge equal to 3% of the unpaid amount. TSI may require payment in advance as a condition to accepting an Order or shipping Equipment, including after Customer has failed to make a prior payment when due. Customer’s retention of the Equipment beyond the approved Rental Term does not constitute an authorized renewal or restrict TSI’s right to demand its immediate return. -
Shipment.
Unless the Order states otherwise, Equipment is shipped F.O.B. TSI's shipping point under the Illinois Uniform Commercial Code. TSI may select the carrier and arrange transportation as a convenience to Customer, but Customer is responsible for outbound and return freight, handling, insurance, customs, and related charges. Stated delivery dates are estimates unless TSI expressly guarantees a date in writing. -
Taxes and Charges.
Customer is responsible for all sales, use, rental, excise, value-added, personal-property, customs, duties, and similar taxes and governmental charges arising from the rental, possession, transportation, or use of the Equipment, other than taxes measured solely by TSI's net income. Customer shall provide a valid exemption certificate before invoicing if it claims an exemption. -
Inspection and Notice.
Customer shall inspect the Equipment promptly upon delivery. Within 72 hours after delivery, Customer must notify TSI in writing of any visible shipping damage, missing Equipment or accessories, quantity discrepancies, or initial nonfunctional condition, and must retain packaging and cooperate with any carrier claim. If Customer does not give timely notice, the Equipment and all items shown on the packing list will be deemed received, subject to any latent malfunction reported under Section 6. -
Nonfunctional Equipment.
Customer shall promptly notify TSI of any malfunction, discontinue use if continued operation could be unsafe or cause damage, and follow TSI’s reasonable troubleshooting and return instructions. Rental charges for confirmed nonfunctional Equipment will be abated from the date TSI receives Customer's notice until TSI repairs or replaces the Equipment or terminates the affected rental. If an initial nonfunctional condition is not reported within 72 hours after delivery, abatement begins only when TSI receives later notice. The remedies in this Section are Customer’s sole and exclusive remedies for defective or nonfunctional Equipment, except to the extent applicable law prohibits that limitation. -
Authorized Use; Compliance with Laws.
Customer shall use the Equipment only for its intended commercial purpose, at the approved location, in accordance with manufacturer instructions and applicable laws, and through trained and qualified personnel. Customer shall not misuse, overload, abuse, modify, disassemble, reverse engineer, repair, or relocate the Equipment without TSI's prior written consent. Customer is responsible for permits and for compliance with occupational safety, environmental, import/export, sanctions, and other laws governing its possession and use of the Equipment. Customer shall not export, transfer, or use the Equipment in violation of applicable law or for a prohibited end use. -
Care and Maintenance.
Customer shall exercise reasonable care, provide a suitable and secure operating environment, perform routine operator maintenance specified in the documentation, and protect the Equipment from contamination, corrosive substances, excessive heat or moisture, power irregularities, theft, and unauthorized access. Customer shall not permit a third party to service or calibrate the Equipment without TSI's written approval. -
Title and Restrictions.
TSI retains sole ownership of the Equipment. The Agreement is a true lease and does not grant Customer an option or right to purchase unless an Order expressly states otherwise. Customer acquires only the right to possess and use the Equipment during the Rental Term in accordance with the Agreement. Customer shall not sell, assign, sublease, lend, pledge, encumber, abandon, conceal, or otherwise transfer the Equipment or any interest in it. Customer shall keep the Equipment free of liens and claims and promptly discharge any lien arising through Customer. Customer shall not remove, obscure, or alter serial numbers, ownership markings, or labels. -
Return of Equipment.
Customer shall return the Equipment and all accessories by the expiration of the Rental Term, prepaid and insured, to the location and in the manner specified by TSI. The Equipment must be returned in the same condition in which it was received, ordinary wear from permitted use excepted. Customer is responsible for loss or damage caused by inadequate packaging and for the reasonable cost of replacing missing items and restoring damaged Equipment. -
Risk of Loss.
To the fullest extent permitted by law, Customer bears all risk of loss, theft, destruction, seizure, and damage to the Equipment from the time TSI delivers it to the outbound carrier until TSI receives the Equipment in the condition required by the Agreement. Customer shall promptly notify TSI of any loss, theft, seizure, accident, or damage and cooperate with TSI and insurers. At TSI's election, Customer shall pay: (a) the reasonable cost to inspect, clean, repair, recalibrate, and restore damaged Equipment; or (b) if Equipment is lost, stolen, destroyed, or not economically repairable, its replacement cost with equipment of like kind and functionality, without deduction for insurance proceeds, plus reasonable related expenses and rental charges through payment. -
DISCLAIMER.
EXCEPT AS OTHERWISE EXPLICITLY PROVIDED IN THESE TERMS AND CONDITIONS, THE EQUIPMENT IS PROVIDED "AS IS" AND "WITH ALL FAULTS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TSI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, CONDITION, QUALITY, DURABILITY, ACCURACY, OR RESULTS. TSI DOES NOT WARRANT THAT THE EQUIPMENT WILL OPERATE WITHOUT INTERRUPTION OR ERROR OR MEET CUSTOMER'S REQUIREMENTS. CUSTOMER IS SOLELY RESPONSIBLE FOR SELECTING THE EQUIPMENT AND DETERMINING ITS SUITABILITY, COMPATIBILITY, AND FITNESS FOR CUSTOMER'S APPLICATION. -
Indemnification.
Customer shall defend, indemnify, and hold harmless TSI and its owners, directors, officers, employees, agents, affiliates, successors, and assigns from and against third-party claims, actions, liabilities, damages, judgments, penalties, fines, losses, and reasonable attorneys' fees and expenses arising out of or relating to: (a) Customer's possession, transportation, storage, selection, installation, operation, or use of the Equipment; (b) injury, death, or property damage involving the Equipment while it is in Customer's custody or control; (c) Customer's breach of the Agreement or applicable law; (d) alteration, misuse, or unauthorized repair of the Equipment; or (e) infringement or other claims arising from Customer-provided specifications, combinations, processes, or materials, except in each case to the extent finally determined to have resulted directly from TSI's gross negligence or willful misconduct. -
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TSI WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF REVENUE, PROFIT, BUSINESS, DATA, USE, PRODUCTION, OR GOODWILL; BUSINESS INTERRUPTION; COST OF SUBSTITUTE EQUIPMENT OR SERVICES; OR CUSTOMER'S LIABILITY TO A THIRD PARTY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TSI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO AN ORDER OR THE EQUIPMENT WILL NOT EXCEED THE RENTAL CHARGES PAID OR PAYABLE FOR THE SPECIFIC EQUIPMENT GIVING RISE TO THE CLAIM DURING THE THREE MONTHS PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY. -
Customer Default.
Customer is in default if Customer: (a) fails to pay an amount when due; (b) breaches the Agreement and, if the breach is curable, fails to cure within five days after notice; (c) fails to return Equipment when due; (d) misuses, transfers, conceals, abandons, or permits a lien on Equipment; (e) becomes insolvent, makes an assignment for creditors, files or becomes subject to a bankruptcy or receivership proceeding not dismissed within 60 days, or ceases business; or (f) provides materially false or misleading information to TSI. Upon default, TSI may, in addition to all rights provided by law: (a) cancel any Order; (b) withhold or stop delivery; (c) suspend performance; (d) declare accrued amounts immediately due; (e) require Customer to return the Equipment to a reasonably convenient location; (f) enter Customer's premises as permitted by law to recover the Equipment without breach of the peace; (g) render Equipment unusable and dispose of it as permitted by law; and (h) recover unpaid rent, loss of bargain, diminution in residual value, incidental damages and other damages available under Article 2A of the Illinois Uniform Commercial Code. Remedies are cumulative. TSI's repossession or acceptance of returned Equipment does not waive its damages or other rights. Customer shall reimburse TSI for its reasonable costs and expenses, including attorneys’ fees, incurred in recovering the Equipment, collecting amounts due, or enforcing the Agreement. -
Force Majeure.
TSI is not liable for delay or failure caused by events beyond its reasonable control, including acts of God, fire, flood, severe weather, epidemic, war, terrorism, civil disorder, governmental action, embargo, sanctions, labor disruption, carrier delay, supply shortage, utility or communications failure, cyberattack, or manufacturer delay. TSI may allocate available Equipment among customers in a commercially reasonable manner. This Section does not excuse Customer's payment obligations for Equipment already delivered or charges already accrued. -
Governing Law and Disputes.
The Agreement and each dispute arising from or relating to it are governed by Illinois law, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Each party irrevocably submits to the exclusive jurisdiction of the state courts located in DuPage County, Illinois, and the United States District Court for the Northern District of Illinois, and waives any objection based on venue or inconvenient forum. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE AGREEMENT OR EQUIPMENT. -
Notices.
Notices required under the Agreement must be in writing and delivered by personal delivery, nationally recognized overnight courier, certified U.S. mail (return receipt requested), or email with confirmation of receipt. Notices to TSI must be sent to Transient Specialists, Inc., 16W235 83rd Street, Suite B, Burr Ridge, Illinois 60527, email: info@transientspecialists.com, or to any replacement address TSI designates. Notices to Customer may be sent to the billing, shipping, or email address stated in the Order. Notices are effective upon confirmed receipt, except email received after 5:00 p.m. recipient local time is effective the next business day. -
Miscellaneous.
Customer may not assign or delegate the Agreement, by operation of law or otherwise, without TSI's prior written consent. Any prohibited assignment is void. TSI may assign the Agreement, payment rights, or its interest in Equipment to an affiliate, financing source, purchaser of assets, or successor. The parties are independent contractors. The Agreement creates no partnership, joint venture, agency, fiduciary, franchise, or employment relationship. There are no third-party beneficiaries except TSI's indemnified parties and permitted successors and assigns. The Agreement is the complete agreement concerning the applicable rental and supersedes prior or contemporaneous discussions, representations, and agreements on that subject. No amendment, waiver, or exception is effective unless contained in a writing or authenticated electronic record expressly approved by an authorized TSI representative. A waiver applies only to the specific instance stated and is not a continuing waiver. Delay or partial exercise of a right does not waive that or another right. If a provision is held unenforceable, it will be enforced to the maximum lawful extent and modified only as necessary, and the remaining provisions will remain effective. Signatures and acceptances in electronic form have the same effect as originals. The Agreement may be executed in counterparts, each of which is deemed an original and all of which constitute one instrument. Customer may retain and reproduce the electronic version presented at acceptance.
Questions about these terms?
Contact our team before placing an order or returning equipment.
