GSC Lease LLC
Standard Terms and Conditions
Effective Date: September 25th, 2019
These Standard Terms and Conditions (“Terms”) apply to all rentals and leases of equipment from
GSC Lease LLC, an Illinois-based limited liability company (“GSC Lease,” “Lessor,” “we,” or “us”). These Terms are incorporated into and made part of every lease, rental agreement, rate agreement, invoice, electronic agreement, or related document (collectively, the “Lease”).
IMPORTANT: THESE TERMS CONTAIN LIMITATIONS OF LIABILITY AND A WAIVER OF JURY TRIAL.
1. Definitions “Equipment” means any trailer, refrigerated trailer, chassis, truck, or related equipment rented or leased from GSC Lease, including all accessories and attached components.
“Lessee” means the business entity entering into the Lease and includes its employees, drivers, contractors, and agents.
“Use Charges” means all amounts owed under the Lease, including rent, deposits, mileage (if applicable), repair costs, damage charges, administrative fees, taxes, and any other amounts due.
“Default” means any event described in Section 15.
2. Lease Term; HoldoverThe Lease term begins on the date Equipment is delivered or picked up and continues until returned and accepted by GSC Lease.
If Lessee retains Equipment beyond the agreed term:
• Rental automatically converts to month-to-month at current market rates, OR
• GSC Lease may demand immediate return.
Lessee remains responsible for all Use Charges until Equipment is physically returned and inspected.
3. Authority & Electronic AcceptanceBy submitting an application, signing electronically, taking possession, or making payment, Lessee confirms it is authorized to bind the business entity.
Electronic signatures are valid and enforceable under the Illinois Uniform Electronic Transactions Act (815 ILCS 333).
4. Condition; Possession; Return) Acceptance
By taking possession, Lessee acknowledges Equipment is in good working condition unless noted in writing at pickup.
b) Responsibility
Lessee has exclusive possession, control, and responsibility for Equipment during the Lease.
c) Return
Equipment must be returned:
• To the designated return location
• Clean and empty
• In the same condition as received (normal wear excepted)
Unauthorized return locations may result in relocation fees.
d) Inspection
GSC Lease’s inspection upon return is conclusive evidence of condition.
5. Payment Termsa) Invoices
Invoices are due within ten (10) days unless otherwise stated.
b) Late Payments
Past-due amounts may accrue interest at the lesser of:
• 18% per annum, or
• The maximum rate permitted under Illinois law.
c) Failed Payments
Returned or rejected payments incur a $100 administrative fee.
d) Accepted Methods
Payments must be made via wire transfer, ACH, Zelle, certified funds, or other approved method.
GSC Lease does not accept credit cards unless approved in writing.
6. Security DepositGSC Lease may require a security deposit determined at its sole discretion.
The deposit:
• Is not a limitation of liability
• May be applied toward unpaid charges
• May be returned after final inspection and reconciliation
7. Maintenance & UseLessee shall:
• Operate Equipment in compliance with all federal, state, and local laws
• Maintain Equipment in safe operating condition
• Conduct required DOT inspections
• Notify GSC Lease immediately of accidents or mechanical failures
Lessee may not:
• Use Equipment for unlawful purposes
• Transport hazardous materials without written approval
• Alter or modify Equipment without written consent
• Remove identifying markings
8. Damage; RepairsLessee is responsible for all damage occurring during the Lease, regardless of fault, except to the extent caused solely by GSC Lease’s gross negligence.
Unauthorized repairs may be rejected and re-billed.
Lessee is responsible for:
• Tire damage
• Brake wear beyond normal limits
• Structural damage
• Missing parts
• Contamination or hazardous material cleanup
9. Total LossIf Equipment is stolen, destroyed, confiscated, or deemed a total loss, Lessee shall pay:
• The fair market replacement value determined by GSC Lease
• All unpaid Use Charges
• Recovery, towing, storage, and administrative costs
Insurance proceeds do not relieve Lessee of responsibility.
10. Insurance RequirementsLessee must maintain insurance during the Lease with carriers rated acceptable by GSC Lease:
- Auto Liability: Minimum $1,000,000 combined single limit
- Physical Damage: Covering full replacement value of Equipment
- GSC Lease LLC must be listed as:
- • Loss Payee
- • Additional Insured
- • Certificate Holder
Insurance must be primary and non-contributory.
Failure to maintain insurance is an immediate Default.
11. IndemnificationTo the fullest extent permitted under Illinois law, Lessee shall indemnify, defend, and hold harmless GSC Lease LLC, its members, managers, employees, and agents from any claims, damages, losses, liabilities, fines, penalties, or attorney’s fees arising from:
• Use or operation of Equipment
• Injury or death
• Cargo damage
• Regulatory violations
• Tolls, tickets, or fines
• Environmental contamination
12. Limitation of LiabilityTo the fullest extent permitted by Illinois law:
GSC Lease shall not be liable for incidental, indirect, consequential, special, or punitive damages, including lost profits or business interruption.
Total liability of GSC Lease shall not exceed the amount of rent paid during the three (3) months preceding the event giving rise to the claim.
13. Taxes & Regulatory ComplianceLessee is responsible for:
• All sales, use, or property taxes
• Registration or permit fees
• DOT and FMCSA compliance
• Tolls, tickets, impound fees
14. No Ownership; LiensEquipment remains the sole property of GSC Lease.
Lessee may not place liens on Equipment. If liens occur, Lessee must immediately satisfy and discharge them.
15. Default Lessee is in Default if:
• Payment is late
• Insurance lapses
• Lease terms are breached
• Bankruptcy or insolvency occurs
• Equipment is not returned when due
Upon Default, GSC Lease may:
• Repossess Equipment without court order (where permitted by law)
• Accelerate remaining payments
• Charge collection costs and attorney’s fees
• Apply deposits
• Seek injunctive relief
Lessee waives any claim for wrongful repossession if conducted lawfully.
16. RepossessionUpon Default, GSC Lease may enter premises (where legally permitted) to recover Equipment.
Lessee is responsible for all repossession and recovery costs.
17. Governing Law; Venue; Jury Trial WaiverThis Lease shall be governed by the laws of the State of Illinois.
Any dispute shall be brought exclusively in the state or federal courts located in Cook County or Kane County, Illinois.
LESSEE AND GSC LEASE LLC EACH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THIS LEASE.
18. Entire Agreement The Lease and these Terms constitute the entire agreement between the parties.
Any amendment must be in writing and signed by GSC Lease.
19. Survival Provisions regarding payment, indemnification, limitation of liability, repossession, and governing law survive termination of the Lease.