Acceptance. Customer shall be considered accepting these terms and conditions (“Agreement”) upon: (i) Paying deposit for use of equipment; (ii) Equipment delivered to the Customer’s site by and or through their delegated person (“Site”) and use of equipment; (iii) acknowledgment or action of typical Customer; or (iv) Company’s performance services at customer request. This Agreement supersedes any prior or other terms of any purchase order or other Customer documents. All agreements must be reviewed and approved by “Brave Eagle Corporation dba Pine Stalls” or designated operating entity.
Access to Site. Customer agrees to provide the company with access to job site (the site) to perform normal business services such as: Deliveries, Service or restrooms, and or pickup of equipment through (i) Open access to site during specified operating hours (ii) Provide company with gate code, combination, or key (ii) Contact phone number to open specific site in reasonable time period.
Rental Rate and terms. Customer agrees to pay all charges due to the company during the rental period outlined in the quote or invoice from the company. All invoices are deemed “due on receipt”. Customer will be responsible for all collection expense rising out of the company’s efforts to collect due money.
Damages to Equipment. Customer is liable for all loss or damage to the Equipment, regardless of cause or fault, except for reasonable wear and tear. Customer shall pay Company the actual cost of repair or replacement of the Equipment and, in addition thereto, for Company’s loss of use of the Equipment. Customer shall promptly notify Company of any loss or damage to equipment.
Damage Wavier Program. The Company offers a Damage Wavier that protects the customers from damages to equipment. If customer is current on invoices that has the Damage Wavier on it, they will not be responsible for damages to unit. The Damage Wavier does “NOT” protect against; Willful neglect of equipment, theft of equipment, Hazardous material contamination, and excessive or repeat damages.
Contamination of Equipment. Customer agrees and will be responsible for all Hazardous Materials found in equipment. Hazard Materials includes: Oils, Gas, Flammable liquids, Biohazardous wastes (Excluding normal toilet wastes), explosives, paints, or other non-toilet wastes found in equipment. Customer will be responsible for cleanup and containment of these wastes at the customer’s expense. Further any fines or penalties issued by state, federal, or local authorities. Lastly, the equipment will be considered on rent until the clean process is completed.
Deposit\Reservation: To initiate all orders, the Customer must agree to the following payment terms. Confirmation of the Customer’s acceptance of these terms will be established by signing below and faxing this document to the Company at (406) 439-2851. No orders will be final until the Company receives a signed copy of the quote. The following are the payment terms:
Cancellations: The Customer may cancel this order, reduce quantities, revise specifications or extend schedules only by mutual written agreements and agrees to pay proper cancellation charges, which shall take into account expenses already incurred and commitments made by the Company and shall indemnify the Company against any loss, such as loss may or shall not exceed total contract price.
Returned Checks: Customer agrees to pay a $50.00 charge for any check returned by a bank for insufficient funds, closed account(s) or for any other reason.
Risk and Liability: Customer assumes all risk and liability for injury(ies) including death to any person and all risk and liability from the rental and use of the equipment.
Reciprocal Indemnification: Lessee and Lessor each agree to accept full and exclusive responsibility for Our own acts and those of Our respective employees, agents and subordinates, and to indemnify, hold harmless from and reimburse the other for any liabilities, claims, demands, costs and expenses incident to any claim, loss, damage or injury of any kind, including attorney's fees and court costs incurred arising from our Respective acts and omissions.
Termination: The company hold the rights to terminate this agreement and remove equipment if: (i) Customer fails to pay invoices when due, (ii) Equipment is damaged (iii) or company deems customer to be in breach of this agreement.
Quote Expiration: This quote expires from the date noted on the quote.