By: James Waite, Esq. and Rene Del Barco of JWL International Most equipment dealers in the United States, as well as their lawyers, are aware of the fact that a vast array of federal, state and local laws, including dealer, franchise, antitrust, commercial, consumer
This class action lawsuit filed against Hertz Equipment Rental is good reason to revisit your policy on damage waivers. 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
After nearly 10 years of offering damage waivers at Busylad Rent-All in Tupelo, Miss., the company’s president, Buddy Stubbs, says, “There’s no reason in my mind not to charge a damage waiver.” Like others, Stubbs and his employees had some doubts about damage waivers
James Waite presents on The State of the Equipment Industry from an economic outlook and how to better prepare for what is to come.
An equipment industry client asked the following question: Can my employees use marijuana? If so, when, where, and what can I do about it? Generally: the answer depends largely on where and for whom you are working. LEGALITY: FEDERAL LAW: Marijuana use
Question: I sell new and used equipment. I usually don’t have buyers sign a separate contract or bill of sale because I have a provision in my rental contract that I believe covers sales. Is that enough or is there some reason I need
Question: I’m considering buying a competing equipment dealership. I’m being told that I should buy the assets rather than the equity of the target business because, if I do that, my company won’t assume any of the seller’s liabilities. Is that true? Answer: For most business
Question: I’m buying some equipment, and the shipping terms in the purchase agreement refer to “EXW Incoterms 2020.” I’m generally familiar with “Incoterms,” but I don’t really have a lot of time to study what each one means. Can you give me a summary of
Question: I’ve rented and sold equipment to a customer for construction work, but I haven’t been paid. Can I file a mechanic’s lien on my own to get the money I’m owed? Answer: Yes, but the requirements are highly technical and strict. If you miss
