Educational Articles By James Waite

Damage Waivers: Lessons from the Big Leagues

Whether to offer a damage waiver remains one of the most hotly debated issues in the equipment rental industry. Comments range from: “It has no value to the customer and amounts to a hidden rent increase,” to: “It provides significant value and legitimately offsets the rental company’s long-term costs associated with repairing and replacing damaged equipment; you’re leaving money on the table if you don’t include a damage waiver.”

Tier 4f Is Here

On January 1, 2015, the last of the EPA’s Tier 4f environmental regulations went into effect, mandating substantial reductions in pollutant emissions generated by “non-road” diesel engines.

Creating Emergency Evacuation Plans

Whose responsibility is it to create emergency evacuation plans for tents? In the past, this responsibility has typically fallen on the event planner or equipment lessee (customer). Fortunately for rental operators, these parties continue to shoulder much of the responsibility, but that is likely to change, at least to a degree. This appears to be yet another area where rental operators may soon find themselves being held liable for compliance with safety requirements over which they’ve historically had little or no control.

What Health Care Reform Means to Your Business

In July, the U.S. Supreme Court ruled on the major constitutional issue posed by the Patient Protection and Affordable Care Act (“ACA”), finding that the statute’s “individual mandate” requiring most U.S. citizens to purchase health insurance is constitutional. The Supreme Court upheld the new law by deeming its “penalty” to be, effectively, a “tax.”

Risk Management: Limiting Claims

A woman rented a tiller and while the contract was printing, she went out to help the rental store employee load it into her truck. Climbing into the bed of the truck, intending to secure the tiller, the customer took a step backwards, falling off the tailgate, landing on her knee, breaking her tibia. The injury ultimately required 10 surgeries….

Contract Issues to Consider Before Severe Weather Strikes

The United States has suffered a recent spike of severe weather events. According to the National Oceanic and Atmospheric Administration (NOAA), the U.S. has experienced an average of 4.8 “billion dollar” weather events per year since 1980 (in 2012 adjusted dollars). A remarkable 25 of those events occurred between 2011 and 2012, nearly tripling the historic average.

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