1. TERMS AND CONDITIONS
The terms and conditions of Action's standard lease agreement and credit terms are incorporated into this agreement and made a part hereof. See attachment B.
This proposal is expressly limited to the terms and conditions contained herein. By submitting a purchase order, notice to proceed or a subcontract, the contractor accepts all the terms and conditions of this proposal and expressly waives any terms and conditions other than those contained herein. This agreement may be amended only by written agreement countersigned by an officer or authorized agent of Action.
2. LABOR PRICING
Unless noted otherwise in the pricing or scope of work, labor pricing is based on Action providing the labor for both the erection and dismantling of the equipment as defined in the scope of work and assumes this labor will be performed during regular business hours Monday through Friday.
If you elect to have Action erect this equipment, the delivery is quoted as FOB the job site and if Action also dismantles the equipment, the return freight costs will be absorbed.
4. EQUIPMENT DESIGN
The design of equipment quoted in this proposal has been based on information gathered from drawings or information you have furnished to us and any requests for additional equipment or labor beyond that listed in the scope of work will only be accomplished under a change order. Please carefully review the Scope of Work for any items you see that would not comply with your current requirements.
The contractor shall be responsible for providing OSHA compliant access to the worksite. Action will operate in compliance with current written OSHA safety guidelines and the contractor will notify Action, in writing, if any of their own safety policies or any project specific safety policies require a stricter standard than those standards set forth by OSHA prior to any work being performed. Unless stated in the Scope of Work or the Fee Schedule, a change order will be required to accommodate the stricter guidelines.
6. CHANGE ORDERS
All change orders must be made in writing and accepted by both parties. Any work not covered in the scope of work will not begin unless a signed change order has been received and countersigned by an officer or authorized agent of Action.
7. LICENCES AND PERMITS
The obtaining of any project specific licenses, permits, etc. will be the sole responsibility of the contractor.
The contractor agrees that Action Shall not be liable for any consequential damages resulting from the use of the equipment leased or sold herein or any failure on the part of Action to perform pursuant to this agreement.
Action will not be held responsible for changes and/or delays in scheduling due to inclement weather; however, Action will make every reasonable attempt to make up any time lost due to inclement weather as soon as possible during regular business hours Monday through Friday.
10. CONTRACTOR RESPONSIBILITIES
Please provide Action with as much notice as possible to schedule erection and dismantling work.
a. Contractor is responsible for insuring that the structural capacity of floor, roof, or other bearing surfaces will safely support the live and dead loads of the equipment and unless stated in the Scope of Work, the cost of any modifications to provide this capacity is not included in this proposal.
b. Tailgate access areas for loading and unloading equipment will be required at the closest possible access point to the erection and dismantle areas and, staging and storing areas for equipment may also be necessary.
c. All areas where equipment is to be erected will have to be level and compacted and/or free of all debris and/or scrap material before the erection of the equipment can be started and the contractor is responsible for protecting any surface against damage from the erection/dismantle operations.
d. Prior to erection and/or dismantle of the equipment, contractor is responsible to contact the appropriate electric service company to cover, move, or reroute any electric lines that would pose any hazard to the equipment or anyone on this job site.
e. During the erection processes the area must be kept free of personnel and equipment to avoid any possible injuries or damage, and only Action personnel will be allowed on the equipment until completion and acceptance by the contractor.
f. Upon completion of the erection of the equipment, the contractor or his designated representative will be requested to inspect the equipment installation and sign the erection completion sign-off sheet stating that the equipment was erected in compliance with the scope of work and current OSHA standards. If the contractor declines, for any reason, to take part in the review with Action’s representative, it will be assumed the installation of the equipment is acceptable and in compliance with OSHA regulations to the contractor.
g. A physical inventory will be taken by Action and confirmed and accepted by the contractor at the completion of the erection and/or dismantle work. If the contractor declines, for any reason, to take part in the count with Action's representative, Action's count will be deemed correct.
h. The contractor is responsible for repairing and/or patching any areas where material has unavoidably been removed for purposes of tie installation and the tie-in procedure and locations will be agreed upon before erection of the equipment can begin. Tie-ins are an integral part of the temporary erected structure and cannot be removed. A written change order will be required if Action personnel are required to replace any removed tie-ins.
i. Any alteration of the equipment after final inspection and acceptance by the contractor will be the sole responsibility of the contractor. The contractor will indemnify and hold Action harmless from any damage, loss, liability or claim resulting from the removal or alteration of equipment after the final erection and acceptance by the contractor. This would include, but is not limited to, the removal of cross braces, tie-ins, guard rails, plank or any other part of the equipment.
j. Daily and long-term job site maintenance of any leased Action equipment will be sole responsibility of the contractor unless stated otherwise in the Scope of Work.
k. Before dismantling can begin, all excess material such as wire, masking tape, plaster, mortar, drywall, etc. must be removed from the planked surface. A cleaning charge at the prevailing rate per man-hour for the required cleaning time will apply if Action is to perform this service and this service would be accomplished under a change order.
l. The contractor hereby covenants and agrees with Action that the contractor, its agents, servants, subcontractors, and employees will comply with the rules and regulations for the safe use of the equipment as formulated by OSHA and outlined in the terms and conditions of the standard Action lease agreement. Contractor is responsible for providing their employees with the correct OSHA specified harnesses and lifelines while using this equipment. The contractor further agrees to indemnify Action for any liability from an injury caused by a failure of the contractor, its agents, servant's subcontractors or employees to comply with the above rules and regulations.
11. MISSING, LOST, & DAMAGED EQUIPMENT
It is the contractor's responsibility to provide for the security of the equipment while it is on the jobsite and the contractor will be responsible for any missing or damaged beyond repair equipment. Missing or beyond repair equipment will be invoiced to the contractor at the current sale price and labor repair charges will be invoiced for the repair of damaged equipment that is repairable based on our current hourly rates.
12. PAYMENT OF INVOICES
Rental and Labor invoice terms are NET 30 days. Finance charges of 18% APR will be assessed on unpaid invoices over 30 days old.