TERMS AND CONDITIONS
1. If the customer (“LESEE”) leases any equipment (“Equipment”) the rental period shall commence on the date on which the Equipment is delivered to LESSEE or shipped from the supplier’s warehouse, whichever is applicable. The rental period shall conclude on the date on which the Equipment is returned to LESSOR’S business location designated herein or received at supplier’s warehouse, whichever is applicable. LESEE shall return the Equipment on the date on the face hereof. At any time after said date, LESSEE agrees to return the Equipment to LESSOR (or the supplier) within twenty-four hours after notice from LESSOR (or the supplier).
2. LESSEE shall be liable for and shall reimburse LESSOR for amounts equal to any sales, use, license or registration taxes or fees levied or based upon the Equipment, or the use or the operation thereof.
3. NEITHER THE LESSOR NOR THE MANUFACTURER OF THE EQUIPMENT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED (including THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS). It is the LESSEE’S obligation to determine if the Equipment, and the use of the Equipment, comply with all laws, rules, specifications or contracts which provide for special machinery, apparatus or special methods.
4. LESSOR shall use reasonable care to see that the Equipment is in proper working condition before delivery to LESSEE. If LESSEE so requests, the Equipment will be operated in LESSEE’S presence at a time and place designated by LESSOR prior to delivery to LESSEE. If the Equipment shipped to LESSEE arrives in damaged condition, LESSEE shall note such damage on the bill-of-lading or any other receipt requested by the transporter and shall, in writing, within 24 hours of delivery, notify LESSOR. The acceptance by LESSEE of the Equipment shall constitute an acknowledgement that the Equipment has been received undamaged, in good repair and operating condition except to the extent noted by LESSEE on the bill-of-lading or other delivery receipt.
5. LESSOR agrees to care for the Equipment properly, to use it within its rated capacity, to restrict its use to LESSEE’S AUTHORIZED PERSONNEL and to prohibit anyone other than LESSOR’S AUTHORIZED PERSONNEL to repair, modify or adjust the Equipment and to notify LESSOR immediately of accidents, injuries, failures or like information concerning the Equipment. LESSEE further agrees to pay for all damage to the Equipment resulting from causes from other than normal wear and tear upon receipt of an invoice from LESSOR for LESSOR’S costs and expenses of repair of the Equipment. LESSEE shall take care of normal needs of the Equipment, including supplying fuel, oil, grease and water, daily checking of general condition, including tires, oil levels, cooling systems, water and batteries, recharging batteries, and will perform other routine preventive maintenance for the Equipment. LESSOR will service and maintain the Equipment in proper working condition and LESSEE agrees to make it available for servicing by LESSOR at reasonable times during LESSOR’S business hours. If LESSEE requires service at times other than LESSOR’S business hours, LESSEE agrees to pay the difference between LESSOR’S straight time and overtime rates for mechanic’s time.
6. In the event that the Equipment becomes inoperable for reasons other than accident, improper use or failure of LESSEE to comply with its obligations hereunder, no rent shall be charged for the period of time between actual notice to LESSOR of the inoperable condition of the Equipment and the time when it is returned to LESSEE. LESSOR shall not be obligated to furnish substitute equipment, nor shall LESSOR be liable for down time or special or consequential damages of any nature whatsoever.
7. LESSEE ASSUMES ALL RISK AND LIABILITY for and agrees to indemnify, save and hold LESSOR and manufacturer harmless from any and all claims, liens, losses and damages to the Equipment and any and all losses, damages, claims, penalties, liabilities and expenses including attorney’s fees whatsoever arising from or incurred because of the Equipment or the storage, use or operation thereof. LESSEE, at LESSEE’s own expense, shall carry adequate liability insurance to insure against bodily injury including death and against property damage. LESSEE, at LESSEE’s own expense, shall keep all Equipment insured at its full insurable value against any and all risks of physical damage. Such policies of insurance will name LESSOR and manufacturer as additional insureds.
8. LESSOR may provide sketches, shop drawings, schematics, or suggestions regarding the use and/or placement of Equipment for LESSEE’S use. Such items are illustrative for assembly of the system only and do not imply LESSOR’s endorsement. All such items do not represent the structure in its entirety. LESSEE agrees to design and furnish all additional shoring, forming, scaffolding and other equipment as LESSEE deems necessary. LESSEE agrees that it is in no way relying upon information supplied by LESSOR. LESSEE is solely responsible for the design, use and application of items provided by LESSOR. Because field conditions vary and are beyond the knowledge and control of LESSOR, safe and proper use of the Equipment is the responsibility of the LESSEE.
9. LESSEE agrees, whenever requested by LESSOR, to give LESSOR the exact location of the Equipment. LESSOR and the manufacturer of the Equipment shall have the privilege at all times of entering any shop, building or location where the Equipment is being used for the purpose of inspection. LESSOR shall have the right of removing the Equipment upon 24 hours notice, and terminating this agreement if it is being overloaded or taxed beyond its capacity or in any manner abused or neglected. If LESSEE fails to pay any rent or other sum due to LESSOR hereunder when due, or if LESSEE becomes subject to any state or federal insolvency, bankruptcy, receivership, trusteeship or similar proceeding, or if LESSEE should violate any other term of this agreement, LESSOR may immediately terminate the agreement by notice in writing to LESSEE and repossess all items of Equipment wherever they may be found, but LESSEE shall nevertheless remain liable for all sums then due and unpaid, plus a reasonable amount for attorney’s fees and such expenses as may be expended in the recovery of said sums and the repossession of the Equipment. The remedies provided herein in favor of LESSOR shall not be deemed exclusive but shall be cumulative and shall be in addition to all other remedies in LESSOR’s favor existing at law or in equity. Any notice hereunder shall be deemed sufficiently given if in writing it is delivered to LESSEE, personally, or sent by mail addressed to LESSEE at the address set forth upon the reverse side hereof.
10. The equipment lease component of this agreement provides a lease for the Equipment only and nothing herein conveys to LESSEE any right, title or interest in or to any of the Equipment, except as a LESSOR and LESSEE agree in a writing signed by both LESSOR and LESSEE.
11. LESSEE shall not assign this agreement or sublet the Equipment. LESSOR shall have the right to assign this agreement and/or the rentals due hereunder and LESSEE agrees to honor any such assignment in accordance with its terms upon receipt of written notice thereof.
12. This agreement contains unit price proposals. Please note that the prices and/or durations shown on the face hereof are for comparison purposes only. Invoices will be based on the quantity of equipment actually shipped at the unit rate(s) shown for the actual rental period.
13. Leasing of additional formwork shall be at the agreed upon unit price per 28 days, provided that the value of accessory components is in the same proportion to panel or form area as in the initial equipment package provided. Leasing of additional accessory components will be invoiced separately at 2.5% of list price per 28 days.
14. Accessory components (ties, braces, clamps, walers, walkway brackets, brackets, main beams, post shores, heads, ledger frames, etc.) shall be returned complete with formwork panels and/or all other main system components.
15. LESSOR’s design service does not include review, stamped drawings, or calculations by a professional engineer. LESSOR can recommend an independent third-party professional engineer that is familiar with formwork and shoring systems. Said professional engineer is not a subcontractor or agent of LESSOR.