Terms & Conditions
The Lessor hereby leases the equipment described on the reverse side and furnishes operational personnel to the Lessee under the following terms and conditions:
1. NO OTHER AGREEMENT: Except as otherwise mutually agreed upon in writing, this document constitutes the complete agreement of the parties and supersedes all other agreements or understandings, written or oral. If any provision herein is invalid, it shall be considered deleted from this lease, and shall not invalidate the remaining provisions of this lease.
2. INDEMNIFICATION AND RISK OF LOSS: Lessor and Lessee agree that the leased equipment and all persons operating Such equipment including Lessor's employees will be under Lessee's exclusive jurisdiction. supervision and control during the time such equipment and operators are on the Lessee’s job Site; the Lessee agrees to indemnify Lessor against any and all claims. actions. proceedings, costs, damages, and liabilities, arising in any manner out Of- connected with, or resulting from the operations of the handling 01 the leased equipment on Lessee's job site, including, without limitation, any inquiry, disability, or death of workman other persons, and any loss of or damage to property, unless such claims, actions, suits, penalties, expenses, or liabilities are caused solely by the intentional or negligent conduct of Lessor.
3. RESPONSIBILITY OF LESSEE: To provide a pumpable mix, in terms of graduation of aggregate, slump, and batching of concrete, for designed pumping equipment, to provide for adequate scheduling of concrete delivery; to provide sufficient on-site access, set-up areas, and adequate wash out areas for the pumping equipment to provide adequate notice of change Of schedule to Lessor; to provide hoisting of pump equipment; and to provide competent and experienced personnel to direct, supervise and control the operation Ot the leased equipment.
4. LIMITATION OF WARRANTIES: Lessee acknowledges that the leased equipment is Ot a size. design, capacity, and manufacturer selected by Lessee. Lessor has not made and does not make any representation, warranty, or covenant, express or implied. with respect to the conditions, quality, durability, or suitability of leased equipment. Lessor shall not be liable to Lessee for any liability, loss, or damage caused or alleged to be caused, directly or indirectly by the leased equipment, by and inadequately thereof, or defect therein, or by any incident in connection therewith, including, without limitation, any loss, delay, or stoppage due to breakage, concrete loss, failure of leased equipment or late arrival for a scheduled pour. Notwithstanding the foregoing, however, the Lessee may claim a back-charge, constituting an amount Which shall not exceed the total rental price chargeable for one (1) day, for the Lessee's cement mason's overtime labor cost actually incurred by Lessee. as a result of either: a late arrival of leased equipment for a pour scheduled after 10:00 a.m.: or leased equipment which is mechanically detective and inoperable prior to arriving at the job site. less the first one (I) hour of such existing defect.
5 SUSPENSION OF OBLIGATIONS: The obligation Of the Lessor hereunder shall be suspended to the extent that it is hindered or prevented from complying here with because of labor disturbances, including strikes and lockouts. acts of God, fires, storms, accidents, governmental regulations, or interferences of any cause whatsoever beyond the reasonable control of Lessor.
6. LESSEE ON JOB PROVIDES labor for set up Of system, handling Of pumping System while placing, grout for priming system, a suitable place for clean up of the system. and pump, a suitable roadway, and reasonable accessibility to set up the site. Otherwise, Lessee assumes all responsibility for the removal of the pump from the job site tow trucks, or wrecker trucks. or etc. are required due to weather, road, or job site conditions. All pours shall have a minimum time of 3 hours. Saturday and Sunday pour will be charged at an overtime rate.
7. TERM OF PAYMENT: Full payment of rental charges. according to current rates quoted and based on the totals on the reverse side, is due upon billing. One and one-half (1.5) percent per month service charge on all accounts over thirty(30) days or an annual percentage rate of eighteen (18) percent. Should the Lessee be in default by virtue of his failure to rental charges billed or litigation is necessary to enforce this contract? Lessee agrees to pay for all costs of collection, including all court and/or arbitration costs, filing fees, attorney's fees, and costs of settlement.
8. TAXES All taxes or assessments on Lessor's services are to be paid by the Lessee.
9. APPLICABLE LAW, JURISDICTION, VENUE: Lessee agrees that the laws of the state of Arizona will to apply to all disputes arising out of this agreement. All such disputes shall be adjudicated in Maricopa County Arizona. The courts of Maricopa County will have an exclusive venue for all disputes.