Policies

TERMS AND CONDITIONS

Environmental Equipment + Supply, the "Lessor," hereby leases to the Lessee and Lessee hereby leases from the Lessor the equipment described on all Lessor provided documentation, including all additions and attachments (hereafter called "Equipment") based upon the terms and conditions as set forth in this Lease Agreement ("Lease") and all following schedules.

Rental Policies:

RENTAL QUOTES: Rental quotes may be requested via email, website (www.envisupply.com), or phone during regular business hours (Monday-Friday, 8 a.m. to 5 p.m. ET). 

LOCAL RENTAL: The time the equipment is picked up (unless otherwise arranged prior to pick up) by a representative of Lessee, is considered to be the rental start time. For orders picked up after 12:00 PM, the rental billing period will start the next business day, allowing for Lessee travel time. For orders returned prior to 12:00 PM by a representative of Lessee, the rental period will be stopped on the previous business day. There is a minimum one-day rental charge.

RENTAL REQUIRING SHIPPING will be shipped by Lessor via overnight air delivery service. When rental equipment is shipped, the rental billing period begins the business day after Lessor ships and ends the business day prior to Lessor receiving the returned equipment. In order to avoid being charged any extra days in rental fees, equipment must be returned by Lessee via overnight delivery, so that it is received by Lessor the next day. Lessor will include all shipping costs with the equipment rental on the invoice.  All costs associated with the shipping of the rental equipment are the responsibility of the Lessee.

RENTAL CHARGES are calculated on business days only. There is no rental charge for Saturday and Sunday. A daily rental charge is not assessed on the six major holidays (New Year’s Day, Memorial Day, July 4 when it falls on a weekday, Labor Day, Thanksgiving Day, Christmas Day). Lessor offers daily, weekly (five (5) business days), and monthly (20 business days) rates. The rental rate charged to Lessee defaults to the least expensive rate depending on how long the equipment is out. The weekly rate begins when the sum of the daily charges is greater than or equal to the discounted weekly rate. The monthly rate begins when the sum of the weekly charges is greater than or equal to the discounted monthly rate. Daily rental billing will never exceed the weekly billing rate; weekly rental billing will never exceed the monthly billing rate. Lessee’s invoice will be automatically adjusted to ensure the lowest rate allowable.

INVOICE: Lessor will provide one final invoice to Lessee per order once the equipment has been returned to Lessor. If the equipment is kept out by Lessee for more than a month, Lessor will provide periodic invoices (one per month) until the equipment is returned. 

Payment & Credit Terms

Accepted Methods of Payment:

  • Net 30 Credit Terms (with completed and approved credit application)
  • Credit Card -Visa® – MasterCard® – American Express® – Discover® 
  • EFT (electronic funds transfer)

Credit Terms:

  • Lessor’s credit terms are Net 30
  • It is expressly understood and agreed that these terms are part of the contract between the parties and applies to all Invoices supplied by Lessor.
  • It is agreed the buyer/Lessee will pay all invoices within the stated terms.
  • In the event Lessee’s account is not paid according to these terms, Lessee agrees to pay a SERVICE CHARGE OF 1.5% per month on the principal balance during the term of the delinquency. All service charges must be paid along with the full amount due.
  • If the account becomes more than 90 days delinquent and is placed in collection, Lessee agrees to pay all costs of collection including reasonable attorney’s fees and court costs.

Open Accounts:

  • Lessees with an approved credit line will be extended Net 30 terms.
  • Accounts more than 30 days past due will be put on hold until account is brought current.
  • Accounts more than 90 days past due will lose their open account status and must pay with credit card in advance on all future orders.

Returned Checks:

  • Lessee agrees that returned checks will be assessed a $25.00 service charge.

Product Returns:

  • Returned Sales merchandise will not be accepted without first contacting Lessor. All returns are subject to a 20% restocking fee and must be unused and in original packaging.

Sales Tax:

  • Lessor is required to charge state sales tax in Pennsylvania and select states depending on their current Nexus laws.
  • Lessor will honor Tax Exemption Forms for Lessees able to provide copies of their forms at the time of their rental or purchase.

Download an Environmental Equipment + Supply Credit Application »

DELIVERY & ACCEPTANCE: The receipt and acceptance by the Lessee (as may be evidenced by, but not necessarily limited to, the signature of the Lessee representative on the UPS delivery confirmation) of the unit(s) (the "Equipment") shall obligate Lessee to pay the rentals and the other sums due hereunder constitute acknowledgment that the Equipment has been received in good, safe, and serviceable condition and fit for use, unless the Lessee makes claim to the contrary to the Lessor. Missing, defective or malfunctioning equipment received by Lessee must be reported to Lessor within 24 hours from the time the equipment was received by Lessee or full rental fees will be charged. Lessor includes a picking ticket with every shipment. Upon receipt of the rental equipment, Lessee must check the picking ticket against the equipment received and immediately notify Lessor of any discrepancies, by calling 717-901-8891. The costs associated with any shortages or defects not reported to Lessor within 24 hours from the time the equipment was received by the Lessee will be charged to the Lessee. Outside of regular business hours, defective and missing equipment may be reported by leaving a voice message at 717-901-8891 or emailing [email protected]. 

All delivery costs are the sole responsibility to Lessee (unless included in the cost of the Equipment to Lessor and upon which the Lease payments were computed). Lessee agrees to accept the Equipment when delivered and sign the UPS delivery confirmation when all the Equipment has been delivered. Lessee's signing the UPS delivery confirmation confirms that all the Equipment has been received. 

WARRANTIES. During such time under the term of this Lease Agreement as Lessee renders faithful performance of its obligations, Lessor warrants that it has and shall continue to have free and clear title to the leased Equipment, subject to Lessor's right of assignment herein contained. Except as to this warranty of title, Lessor makes no warranties, express or implied, with respect to this Lease Agreement or the leased Equipment. Without limiting the generality of the foregoing, THE EQUIPMENT IS LEASED "AS IS" AND LESSOR SPECIFICALLY MAKES NO WARRANTIES, AND EXPRESSLY:

DISCLAIMS THAT ANY EQUIPMENT IS FREE OF ANY RIGHTFUL CLAIM OF ANY THIRD PERSON BY WAY OF INFRINGEMENT OR THE LIKE;

DISCLAIMS THAT THE EQUIPMENT IS MERCHANTABLE; AND

DISCLAIMS THAT THE EQUIPMENT IS FIT FOR A PARTICULAR USE.

EQUIPMENT CONDITION: All rental equipment provided by Lessor is cleaned, serviced and functional before delivery to Lessee. Rental fees cover only normal wear and tear of rental equipment. All rental equipment should be properly maintained throughout the rental period. Each product rented from Lessor must be returned by Lessee and/or end-user in the manner in which Lessee delivered it: clean, decontaminated, and functional. A cleaning fee will be assessed if equipment is not returned as sent, following notification to the Lessee of the extent and estimated cost of the required cleaning. All equipment must be returned boxed and secure. This assures equipment is returned complete and intact while keeping the equipment case clean and undamaged.

EQUIPMENT REPAIR: At no time shall any repair of rental equipment be attempted without the consent of Lessor. Any costs resulting from damage to equipment due to negligence on the part of the Lessee or any other situation not related to normal wear and tear of Lessor’s rental equipment will be charged to the Lessee upon being given notice of the damage and estimated repair costs, in addition to the rental charges.

LICENSING, REGISTRATION, AND TAXES. Lessee agrees to obtain and maintain, at its sole cost and expense, such licensing and registration of the Equipment as is required by law.

TITLE, PERSONAL PROPERTY, LOCATION, AND INSPECTION. The equipment is and shall remain the sole personal property of the Lessor. Lessee has the right to possess the Equipment until Lease termination provided Lessee is not in default of the Terms and Conditions of this Lease. Lessee shall not move the Equipment from the location mentioned in the Lease without the prior written consent of the Lessor. Lessor shall have the right to enter, with prior approval, upon the premises where the Equipment is located for the purpose of confirming the existence, condition, and proper maintenance of the Equipment. Lessee shall not affix or attach the leased Equipment to any real property without Lessor's prior written consent. The Equipment shall remain personal property regardless of whether it becomes affixed or attached to, or permanently rests on real property or any improvement on real property, unless Lessee purchases the equipment.

NON-ASSIGNABILITY: At the option of Lessor, this Lease Agreement shall bind the heirs, representatives, successors, or assigns of the Lessee. Lessee cannot transfer or assign this agreement or any rights arising under this agreement to any person, party or entity. Any purported transfer or assignment of this obligation shall be void.

RISK OF LOSS AND INSURANCE. Lessee shall obtain and provide physical damage coverage, and keep the Equipment and all attachments properly insured against the risks of loss, theft, or damage in an amount not less than the replacement cost of the Equipment. Lessee shall also carry general liability insurance, both personal injury and property damage, covering the Equipment and its use, such insurance to be endorsed to include contractual liability coverage for this agreement with minimum limits of $1,000,000.00 per occurrence and $2,000,000.00 aggregate minimum for general liability. Environmental Equipment and Supply, LLC shall be named loss payee on the property insurance and additional insured on the general liability insurance. Lessee shall pay all premiums therefore, be responsible for all deductible portions thereof, and shall deliver to Lessor written proof, to satisfy the Lessor. Any cancellation of insurance requires thirty (30) days prior written notice to the Lessor. Lessor is not responsible to ascertain the existence or advise Lessee that the insurance coverage is proper and meets the requirements hereof. Unless Lessee is in default, Lessee may settle any claims with the prior written notification and approval of Lessor. Lessee shall provide Lessor with a certificate of insurance confirming compliance with this section in advance of delivery of equipment.

Lessee shall also provide Lessor with a certificate of insurance confirming that it maintains Standard Workers Compensation and Employers Liability Insurance, and if the equipment is to be used on or about a vessel, Standard Hull & Machinery and Protection & Indemnity Insurance. The Lessee shall cause each of the policies to be endorsed to waive subrogation against Environmental Equipment and Supply, LLC.

The Certificates submitted to Lessor shall clearly set forth the insurance coverages and all exclusions and deductible clauses. Lessor, in its sole discretion, may allow certain deductible clauses which it does not consider excessive, overly broad or harmful to the interest of the Lessor. Standard exclusions will be allowed provided they are not inconsistent with the requirements set forth above. Allowance of any additional exclusions will be in the discretion of Lessor. Regardless of the allowance of exclusions or deductions by Lessor, the Lessee shall be responsible for the deductible limit of the policies and all exclusions consistent with the risks they assume under this Agreement and as imposed by law.

INDEMNITY. Lessee assumes liability for the use and possession of the Equipment during the term of the lease. Further, the Lessor will be held harmless by the Lessee from all claims and liabilities arising from the possession and use of the Equipment. Lessee shall be liable for all loss of or damage to the Equipment during the rental term regardless of how caused, and shall insure against such loss or damage as noted elsewhere in this agreement, and if such insurance fails to fully reimburse Lessor for loss or damage to the Equipment within ninety (90) days, Lessee agrees that it will fully indemnify Lessor. Lessor shall not be liable for any damages to the Equipment or for any other damages whether by reason of faulty operation, failure of Equipment or otherwise. Lessee shall also be liable for all demands, claims, suits or actions for third party property damage and/or bodily injury to any person or persons, and any other charge, expense, tax, loss, damage, claim or liability whatsoever, arising out of or relating to the Equipment during the term of this agreement or involving its use pursuant to this agreement (other than caused by the sole direct negligence of Lessor), and Lessee agrees to fully indemnify, defend, protect and hold harmless (including costs and legal fees) Lessor, its agents, servants, or employees, of and from all such charges, expenses, taxes, losses, damages, claims, suits or actions, including those from its own employees notwithstanding any immunity from suit pursuant to a compensation act. 

DEFAULT. Lessee is in default of this Lease if any of the following events occur: (a) Lessee fails to pay any sum due Lessor after thirty (30) days of the due date thereof; (b) Lessee breaches any of its warranties and/or obligations under this Lease, or any other written agreement with Lessor; (c) Lessee or guarantor dies or the said business entity liquidates or dissolves itself, or is liquidated or terminated, or assigns for the benefit of creditors or appoints a trustee or receiver as allowed under the Bankruptcy Code or other insolvency law providing for the relief of debtors; (d) Lessee being in default under any other contract with Lessor; (e) in the event of loss or damage to any unit of Equipment, Lessee fails to provide adequate assurances of its financial ability to perform the Lease and to repair or replace the unit; (f) Lessee, in connection with the negotiation and creation of the Lease Agreement, has misrepresented any material fact; or (g) Lessee sells, assigns, or attempts to sell or assign the Equipment or any interest therein.

REMEDIES. In the event of a default by Lessee, Lessor may pursue any one or more of the following actions: (a) Declare immediately due and payable all of the rent and other obligations then unpaid, as stated previously, for the full remaining term of this Lease Agreement without terminating the Lease of Lessor's right to recover possession of the Equipment; and (b) peacefully take possession of the Equipment or render it unusable, after notification in writing of default, and without court order or legal process. In taking possession of the Equipment or rendering it unusable, Lessor shall have the right to enter on Lessee's premises. Lessor specifically reserves the right to pursue any other remedy at law or equity that Lessor may have. No right or remedy conferred on or reserved by Lessor in this agreement is exclusive, and each remedy is cumulative and may be enforced separately or concurrently. Regardless of the remedy or remedies pursued by Lessor, Lessee agrees to be liable for, and, on demand, to pay to Lessor, in addition to all other sums due, the full amount of any costs or expenses, including attorney fees, incurred by Lessor in connection with any default by Lessee.

CHOICE OF LAW. The validity, enforcement, and performance of this Lease Agreement shall be governed and determined by the laws of the Commonwealth of Pennsylvania, in which it was formed. Lessor and Lessee agree that if any cause of action arises based upon this Lease Agreement, such cause of action will be brought in either the Court of Common Pleas of Dauphin County, Pennsylvania, or in the Federal District Court for the Middle District of Pennsylvania, whichever has jurisdiction over the subject matter of the case.

Sales Policies

RETURNS. If you have a return, please contact EE+S at 717-901-8891 to obtain approval. Any returned sale items must be unused and in new condition. All EE+S approved sale item returns may be subject to a restock fee. Sale items must be returned within 30 days of purchase.

SPECIAL ORDER SALE ITEMS. Special order sale items, Calibration Gases, and Water Quality Standards are not returnable.

SHIPPING. Sale item only orders will ship via UPS. EE+S is not responsible for delays due to strikes, accidents, weather, carrier or other problems beyond our control.

WARRANTIES. Only the manufacturer’s warranty will apply for all new sales items.

TAX EXEMPTIONS. If applicable, tax exemption certificates are required prior to shipment of sale items.