Question: I’m in the middle of selling my business to a qualified buyer who finally offered me a reasonable…
Question: I currently own and operate several rental stores. I’m thinking of buying a competing store in a nearby…
Question: I’m thinking of selling my rental business, but frankly, I don’t know where to start. Who should I…
VIEW ARTICLE ON RENTAL MANAGEMENT MAGAZINE WEBSITE Safely using electronic signatures Question: My equipment rental operation is adopting an e-commerce…
A Newly Shortened Forgiveness Application Offers a Ray of Hope for Small Businesses. As many PPP loan participants know, the…
Question: I’ve been hearing a lot about the Coronavirus Aid, Relief and Economic Security (CARES) Act stimulus package. I’ve applied…
Question: keep hearing about new laws and lawsuits being filed against equipment lessors, and I’m particularly concerned about the coronavirus….
Question: I’m considering buying some equipment from a manufacturer with whom I haven’t dealt with before, and I’m anticipating they…
Click here to see this article on Rental Management Magazine.
Click here to see this article on Rental Management Magazine.
Click here to see this article on Rental Management Magazine.
Click here to see this article on Rental Management Magazine.
Click here to see this article on Rental Management Magazine.
Click here to see this article on Rental Management Magazine or go to http://www.rentalmanagementmag.com/
Click here to see this article on Rental Management Magazine.
Click here to see this article on Rental Management Magazine.
Question: I heard that some changes to the tax code and/or accounting rules are on the horizon that might…
Question: I just read something about a new state law enacted in May of 2018 that makes it illegal…
Question: I’m thinking of selling my rental business. I know the tax code has been changed, but I’m not…
Question: I’m considering becoming a dealer for an equipment manufacturer, and I’m not sure what to ask for in…
Question: James, we just received word of a tragedy that occurred yesterday. A customer rented a lift and later…
A client of mine recently asked me what impact Justice Kennedy’s retirement from, and the possible appointment of Judge Brett…
Question: I rented a piece of equipment to a customer who severely damaged it. He says it was the…
Question: I signed a lease a couple of years ago in order to finance some equipment. It had a…
Question: I recently heard about a settlement in a major class-action lawsuit regarding fuel and delivery charges. I heard…
Question: If a piece of my equipment breaks down on a jobsite, how can I make sure I don’t…
Question: We recently got sued after providing maintenance and repair services for a customer who claimed the parts and services…
Click here to view : What every equipment lessor needs to know about rent-to-own agreements and lease/rental purchase options
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.”
Question: I rented a piece of equipment to a customer who failed to return it on time. A month later,…
WHAT YOU NEED TO DO RENTAL MANAGEMENT – September 2017 – By James Waite, Esq. Question: I keep…
Question: I rented a piece of equipment to a customer without first getting his signature on my rental contract. The…
Question: My name is James Oxenham. I am the CEO of the Hire and Rental Industry Association of Australia (“HRIA”). …
Question: We had a piece of equipment stolen after we dropped it at a job site the night before a…
Question: I’ve heard that new standards are coming out for silica dust. What are they, when do they become effective…
Question: I’ve heard that new standards are coming out for aerial work platforms (AWPs). What are they and how will…
Question: I verbally agreed to extend an equipment rental beyond its original expiration date, even though the rental contract states…
Question: I recently received this question from a customer, and I’m wondering how to respond: “How is it fair for…
Question: If a piece of my equipment breaks down on a job site, how can I make sure I don’t…
Question: I have some very large customers who either delete large sections of my rental contract or insist on…
Question: My company rents tents and inflatables. Given the continued rise in the number and severity of weather-related events, I’m…
Question: I have a “damage waiver” provision in my rental contract, but nobody understands what it means, not my customers,…
Question: I rented a large loader worth roughly $250,000 to a repeat customer, a contractor, based on an email he…
Question: I’m having trouble getting a customer to pay me on a large rental, and I want to consider…
Question: What are my responsibilities as a rental company with respect to training my customers and offering or making sure they…
Question: I own a rental company that rents augers, trenchers, mini excavators and other dirt-work equipment. What happens if one…
Question: My customer ruined a Tier 4 engine and then claimed it was my fault because, he says, I didn’t…
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.
Some of our large customers insist on modifying our rental contract or using their own. What are the most important issues to consider and how can I avoid making a critical mistake?
Question: We’ve seen a recent spike in requests for “purchase option” agreements — requests to apply some portion of the…
Question: With the continuing boom in the rental industry, our equipment is getting unusually high levels of time utilization. Although I’m…
Question: My company rents tents and inflatables. Given the continued rise in the number and severity of weather-related events, I’m…
Because of the role your rental contract plays in your business, there always are questions regarding how it can best protect your business. That was evident from the many questions asked by rental operators who participated in January’s “Rental Contracts:
Question: When it comes to aerial work platforms (AWPs), what’s the difference between “familiarization” and “training” and what should I…
You can’t move forward without a sound rental contract that protects you and your business. According to ARA’s Business Management: Contracts and Legal Guidelines, written by attorney James Waite, the purpose of the contract is to:
How Health Care Reform Affects Your Taxes. How will the Patient Protection and Affordable Care Act (aka “ACA”) affect your taxes? How are you classified? Businesses are effectively divided into three broad categories..
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.
Any defect in a product that causes injury or damage to persons, property, rights or interests can give rise to a products liability claim. Such claims may be brought against any person
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.”
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….
The American Rental Association (ARA) and ARA Insurance are updating the rental contracts guide Business Management: Contracts and Legal Guidelines. Currently in the final production stages, the guide is scheduled for release in early 2012…..
An Expanding Market: The already vast market for rented equipment is expected to grow dramatically over the next several years. The North American rental market is expected to reach $51.7 billion by 2016 (an increase of 50% over 2012).
As many rental operators have come to understand, sometimes painfully, a rental contract can be a tremendously valuable source of protection, but in most cases, only if the customer signs it.
When new technology, customer confusion, plus new pricing and fines all converge beginning this January, a cloud of litigation may fall upon the industry – don’t get caught in the storm.
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.
IMPORTANT NOTICE: We reserve the right to decline to provide services (including contract analyses) to any person or entity, at any time, for any reason or for no reason By receiving/accepting your document(s) and/or conducting any initial consultation(s), James R. Waite is not agreeing to act as your legal counsel or in any other representative capacity on your behalf, and he will not be deemed to have done so, unless and until he separately agrees to do so in writing. Mr. Waite reserves the right to decline or terminate representation of any client or prospective client for any reason or for no reason, in his sole discretion. We will collaborate with local legal counsel in your state as and when necessary in order to comply with applicable ethical rules. We retain the exclusive ownership of all intellectual property (including copyrights) in and to the documents we provide. Such documents are licensed (non-exclusively) to our clients solely for use in their rental businesses, and not for distribution to parties other than their customers. Willful copyright infringement can result in criminal penalties, including a fine of up to $250,000 per offense and imprisonment of up to five (5) years. We provide .pdf (not Word) documents. You are authorized to use such documents solely and exclusively for the purpose of documenting your own transactions. You agree to refrain from copying, distributing, posting online, or otherwise making such document(s) available for copying and/or distribution to, by or for the benefit of any unauthorized person(s) or entity(ies) (including other rental companies) for use in connection with any business other than your own rental and/or sales business.