1. NO OTHER AGREEMENT: Except as otherwise mutually agreed in writing, this document is the complete agreement of the parties and supersedes all other agreements or understandings written or oral. This lease covers equipment and personnel from the time they leave the Lessor location until they return.
2. DAMAGE TO EQUIPMENT: The Lessee shall defend, indemnify, and hold harmless the Lessor against all loss and damages to the leased equipment during the Lease Period. For the purpose of this clause, damage shall be valued at the reasonable retail repair and/or equipment replacement cost regardless of whether Lessor chooses to perform the repairs itself. Furthermore, damages shall include reasonable reimbursement for the loss of the use of the equipment while the repair is being performed.
3. DAMAGE TO PROPERTY: Lessor assumes no liability to physical facilities, including, but not limited to, parking lots, roads, drives and underground improvements and/or utilities.
4. LIABILITY OF LESSEE: Liability for injury, disability and death of workmen and other persons caused by the operation or handling of the equipment during the period shall be assumed by the Lessee, and Lessee shall indemnify the Lessor against all such liability. Lessee also agrees to indemnify and hold harmless against any loss, damage, claims or liability however caused, even if caused by Lessor’s sole negligence, arising out of the performance of the work while using Lessor’s equipment. Lessor assumes no liability for any type of damages and/or injuries caused by the actions of the customer, including customer’s negligence, willful misconduct and/or strict liability.
5. RIGGING AND LIFTING: It is specifically agreed herein that it is the responsibility of the Lessee to ensure the sufficiency of all rigging utilizes regardless of whether the rigging has been provided by the Lessor or Lessee. In addition, it is the Lessee’s responsibility to give Lessor the correct weight and dimensions of the object to be lifted. If the actual weight exceeds that weight, and an accident should occur, the Lessee is responsible for all costs resulting from such inaccurate information, such as damages to the crane, properties, object being lifted, personal injury or death. Lessee is responsible for all weight testing of any loads. Lessee will defend and hold Lessor harmless for any and all damages to person or property resulting from any and all crane and rigging failure, even if such failure was caused or contributed to by sole negligence of Lessor. Lessee assumes all liability for the accuracy of design or the strength of any lifting lug or devise embedded in or attached to any object.
6. INSURANCE: The Lessee shall, at his own expense, maintain General Liability, Fire and extended coverage insurance during the Lease Period, naming Lessor as additional insured. In addition, Lessee’s insurance coverage, including worker’s compensation shall waive subrogation and any other third-party recovery against Lessor.
7. PAYMENT: Terms, unless otherwise agreed, are Due Upon Billing. Interest will be charged on all past due accounts after 30 days at 12% per annum and if it should become necessary to place the account in the hands of an attorney for collection, the Lessee agrees to pay all attorney fees and all costs incurred by Lessor in collecting this account. Lessee acknowledges that in the event of overtime work the hourly rates will be increased to include labor premium pay.
8. DEFINITIONS AND GENERAL CONDITIONS: “Lessee” herein includes the actual Lessee as indicated above in addition to its employees, agents, and contractors. “Lessor” herein is Stateline Crane LLC., and its employees, agents, directors, officers, insurers, and their assigns. The Lease Period” is defined herein to begin from the moment the equipment leased leaves the premises of the Lessor, through the moment that the equipment is returned to the premises of the Lessor.
9. EXCUSE OF PERFORMANCE: Any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes, governmental action, domestic or foreign , riot, civil commotion, fire or other casualty and all other causes beyond the reasonable control of Lessor shall excuse Lessor’s performance for a period equal to such prevention, delay, or stoppage. Lessee hereby waves all claims against Lessor for any delay of loss materials by reason of any shutdown or failure of the equipment for any reason.
10. INDEMNIFICATION: Lessee agrees that the equipment and all persons operating such equipment, including Lessors employees, are under Lessee’s exclusive jurisdiction, supervision and control and agrees to indemnify and save Lessor, its employees and agents harmless from all claims for death or injury to persons including Lessor’s employees, and from all loss, damage or injury to property or its loss of use, including the equipment, arising in any manner out of Lessee’s operation. Lessee’s duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees and costs of settlement. Lessee shall not be required to indemnify Lessor for its sole negligence except for loss of use, but Lessor’s liability for damage caused by the sole negligence of Lessor, its agents
11. GENERAL LIABILITY: Stateline Crane is not responsible for anything below the hook not rigged by our crew. Employees who work more than 6 hours on a given day are required to take a 30-minute lunch/break.
12. CANCELLATION: Canceled jobs with less than 24 hours before they are scheduled to take place, will be charged a fee. To avoid cancellation charges, please provide cancellation notice at least 24 hours in advance.
13. GROUND CONDITIONS: Cranes require a clear, compact, and level area for equipment access, assembly, and operation. Cranes are heavier than average loads, Stateline Crane accepts no liability for damage to parking lots, roads, driveways, and utilities. This proposal includes four (4) outrigger mats only. Additional matting can be made available at an additional charge for rental/delivery/return.
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