5 VETERAN'S MEMORIAL DRIVE, GREEN ISLAND, NY 12183 | 42° 45.23'N, 73° 41.48'W |
TEL: (518) 271-6858 | FAX: (518) 271-6938 | EMAIL: INFO@BURTCRANE.COM
STANDARD SHORT TERM RENTAL AGREEMENT
TERMS AND CONDITIONS
BURT Crane & Rigging, herein known as Lessor, hereby leases the equipment described on the reverse side and furnishes operational personnel to the Lessee heretofore named subject to the following terms and conditions.
NO OTHER AGREEMENT: Except as otherwise mutually agreed in writing and noted herein, this document is the complete agreement of the parties and supersedes all other agreements or understandings, written or oral.
PORTAL TO PORTAL CUSTOMERS: Time starts when equipment leaves the yard or previous jobsite and ends when returned to the yard or jobsite. For cranes up to and including 110 ton configurations, rates are based on 4, 6 or 8 hour minimums plus overtime after eight hours on equipment and crew. Rates are based on 8 hour minimum plus overtime over eight hours for cranes larger than 110 ton capacity.
INDEMNIFICATION: To the fullest extent permitted by law, Subcontractor shall defend, indemnify and hold harmless Owner, Contractor, and employees of any of them (individually or collectively, "Indemnitee") from and against claims, damages, liabilities, losses and including but not limited to attorneys' fees, or in any way connected with the performance or lack of performance of the agreement and/or any change orders or additions to the work included in the agreement, provided that any such claim, damage, liability is attributable to bodily injury, sickness, disease or death, or physical injury to tangible property including loss of use of that property) tangible property that is not physically injured, and caused in whole or in part by Subcontractor or those acting on behalf of Subcontractor:
-Act or omission of the Subcontractor or anyone directly or indirectly retained or engaged by it or anyone for whose acts it may be liable;
-Violation of any statutory duty, regulation, ordinance, rule or obligation by an Indemnitee provided that the violation connected with the Subcontractor's performance or lack of performance of the work under the agreement.
The Subcontractor's obligations under this Article shall apply regardless of whether any claim, damage, liability, loss attributable to the fault or negligence of the Subcontractor. In the event that an Indemnitee is determined to be any percent negligent verdict or judgment, Subcontractor's obligation to indemnify the Indemnitee for any amount, payment, judgment, settlement, mediation, award shall extend to the percentage of negligence of the Subcontractor and anyone directly or indirectly engaged or retained by it or whose acts the Subcontractor is liable.
The obligations under this Article shall not be limited in any way by the amount or type of insurance required to be provided to or for Indemnitee as described in the Insurance Requirements section of this agreement.
INSURANCE REQUIREMENTS: The Lessee shall purchase and maintain at a minimum the following insurance coverage and limits of liability:
Commercial General Liability (CGL): with limits of insurance of not less than $1,000,000 each Occurrence (Bodily Injury and Property Damage), $2,000,000 General Aggregate per Project. 2,000,000 Products & Completed Operations Aggregate, 1,000,000 Personal and Advertising Injury Limit.
Business or Commercial Automobile Liability Insurance: 1,000,000 Combined Single Limit per accident.
Excess or Umbrella Liability: (to overlay Employer’s Liability, Automobile Liability and Commercial General Liability coverages).
Subcontractor shall maintain CGL coverage for itself for the duration of the project and maintain coverage for itself and for at least 3 years after completion of the work. Contractor and Owners shall be included as Additional Insureds on the Subcontract, AL coverage for the Additional Insureds shall apply as primary and non-contributing insurance before any insurance maintained Insureds.
Workers Compensation (WC) & Employers Liability (EL) with limits of insurance of not less than $500,000 each accident and $500,000 each employee for injury by disease; $500,000 Aggregate for Injury by Disease.
When applicable, the policy shall include and be attached to the policy, the following: All States coverage endorsement, the U.S. Longshore and Harbor Workers Comp Endorsement, Maritime Coverage Endorsement and Stop Gap Endorsement.
DAMAGE TO GROUNDS OR STRUCTURES: If it is required that the equipment leave the public highway, Lessor shall not be responsible for damage to any surface or underground structures, nor shall Lessor be responsible for damage by outriggers or equipment to the ground or underground or adjacent structures when setting up the crane.
LIFTING LUGS: Lessee assumes all liability for the adequacy of design or strength of any lifting lug or device embedded in/attached to any object.
In the event a suit or action is instituted to preserve or enforce Lessor rights under this agreement, Lessee agrees to pay, in addition to all costs and disbursements incurred and allowed by Statute, any and all attorney fees and expenses incurred.
COMPETENT OPERATION BY LESSEE: Lessee agrees to provide competent and experienced personnel to direct the operation of the equipment and further agrees that the Standard Crane and Derrick Signals in accordance with USAS. (ANSI) B 30.5-1968 and OSHA shall be used to direct the equipment at all times. Lessee further agrees to use said equipment in accordance with the manufacturer’s instructions and agrees not to exceed the manufacturer’s rated load capacities for such similar equipment. Lessee further agrees to all standards outlined in 29 CFR 1926 Subpart CC – Cranes and Derricks in Construction. CONFORMANCE TO ALL LAWS: Lessee agrees to use the equipment in strict compliance with all applicable rules, laws, regulations and orders.
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 therefore, governmental action, domestic or foreign, riot, civil commotion, fire and other casualty and all other causes beyond the reasonable control of Lessor shall excuse the Lessor’s performance for a period equal to such prevention, delay or stoppage.
Our equipment is well maintained, however, should a mechanical breakdown occur, Lessor is not responsible for any cost incurred by the Lessee, his suppliers, subcontractor or agents for any reason whatsoever. Lessee hereby waives all claims against Lessor for any delay or loss of materials by reason of any shutdown, or failure of the equipment for any reason.
TERMS OF PAYMENT:
Full payment for all charges is due upon billing. Interest is charged at 1 ½% per month (18% per annum) on all charges not paid in full within 30 days of invoice, plus all cost of collection.
COD payment at the site. Rental will terminate at completion of work on site, crane ready to travel or when cash or good check is received, whichever is later. Return travel to be estimated.