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.

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.