Terms and Conditions
PLEASE READ CAREFULLY
- Acceptance: Customer shall be deemed to have accepted these terms and conditions upon the earliest to occur of: (a) two business days after receipt of an invoice from Hanson & Fitch; (b) delivery of items of equipment (“Equipment”) identified in this invoice to the site designated in this invoice (the “Site”) and use or acceptance thereof; or (c) acknowledgment or other conduct of Customer indicating acceptance. These terms and conditions shall supersede any inconsistent terms of any purchase order or other documents of Customer.
- Payment Terms: All agreements are subject to approval by Hanson & Fitch. Customer shall pay all charges by Hanson & Fitch during the term (the “Period”) shown in this invoice. All Hanson & Fitch invoices are due and payable upon Customer’s receipt of the invoice unless otherwise stated in the “Terms” section on the front side of this invoice. Customer shall be liable to Hanson & Fitch for interest at the rate of 1.5% per month, or such lesser rate as may be the maximum lawful rate from time to time, on all overdue amounts. Customer shall pay all additional charges for services separately requested by Customer or made necessary by Customer’s breach of these Terms and Conditions, including but not limited to, moving/relocation charges, special service charges, and special delivery and removal charges. In the event Customer’s account becomes delinquent, Customer agrees to pay Hanson & Fitch all reasonable costs of collection, court, attorney’s fees and other expenses incurred by Hanson & Fitch in the collection of any charges due under this agreement or in connection with the enforcement of its terms.
- Damage Waiver: Hanson & Fitch offers a damage waiver program on certain equipment. Customer may opt to decline damage waiver. Customer with damage waiver shall have no responsibility for accidental structural damage to the equipment except (i) Customer shall be liable for theft of any equipment and for any losses resulting from any willful or grossly negligent acts (ii) Damage beyond reasonable repair of equipment. If customer declines the damage waiver, customer shall be liable for any loss or damage to the equipment, regardless of cause or fault, except for reasonable wear and tear, and customer shall pay Hanson & Fitch the actual cost or repair or replacement cost of damaged equipment. In the event of any loss or damage to equipment, customer shall notify Hanson & Fitch of such loss or damage and shall provide copies of all reports relating to such loss or damage, including police reports, informal investigation and insurance reports.
- Service: Hanson & Fitch offers servicing as an option on all portable restrooms. If portable restroom is moved from original placement to a location deemed not accessible by Hanson & Fitch, services may not be rendered and/or pick up may include additional charges.
- 5. Wait Time: Additional charges may apply if wait time exceeds 15 minutes after arrival at job site.
- Fence rentals: Fence rental intervals are billed for 6 month or 12 month periods only. Upon request, monthly fence rental after initial billing period are subject to 20% surcharge. The delivery charge for fence includes (1) set up and (1) pick up. Additional trip charges will apply for partial deliveries/pickups/relocations. All fence rental orders are subject to a minimum order charge. Union or prevailing wage labor set ups are not being accepted at this time. If disclosure of prevailing wage or union wage requirements are not communicated prior to set up, Hanson & Fitch reserves the right to charge for pickup of inventory. Hanson & Fitch does not assume responsibility for damage caused by its products located on job site once set up is complete, including but not limited to, weather or other acts of nature.
- Events: All events require a 50% deposit at time of order. Balance of the order is due 7 days before delivery date. Any event that is canceled before 7 days prior to delivery date is fully refundable. Any cancellations 7 days to 2 business days before delivery will be charged 50% of the contract price. Events canceled within 2 business days of delivery are non-refundable and will be charged 100% of the contract price. Any change orders will require a new signed quote before service. Hanson & Fitch does not make allowances for last minute cancellations due to weather.
- Failure to Deliver: Customer releases and discharges Hanson & Fitch from any and all liability or damages (including consequential and special damages) which might be caused by Hanson & Fitch’s failure or inability to deliver any Equipment by any specified date or time.
- Equipment Placement: Customer warrants and represents that it has exercised due diligence and care in the selection of the location it has designated for the placing of debris boxes, portable toilets, portable storage containers and any other Equipment provided by Hanson & Fitch, and further agrees to give directions and Supervise the placement of such debris boxes, portable toilets, and any other Equipment. Debris boxes must not be placed on the street without proper permitting from appropriate city/county. Portable toilets may not be moved into back/side yards without consent from Hanson & Fitch. Additional charges may apply for returns to sites because of equipment location.
- Equipment Responsibility: Hanson & Fitch will deliver the Equipment to the Site at the commencement of the Period and will remove the Equipment at the end of the Period. If servicing of equipment has been ordered by Customer, Hanson & Fitch will perform the required service on the service day(s) scheduled by Hanson & Fitch. In the event Hanson & Fitch is unable to service the Equipment on the service day due to a holiday, inclement weather, or other interfering circumstances, Hanson & Fitch shall service the Equipment on the earliest business day, excluding Saturdays and Sundays, available in accordance with Hanson & Fitch’s other service commitments. Hanson & Fitch shall be granted access to the Equipment at any time for any servicing, maintenance or removal of Equipment. Customer shall not remove the Equipment from the Site, and shall not move the Equipment on the Site without written permission from Hanson & Fitch. Customer shall not modify the equipment. Customer shall not sell, rent, lease or otherwise lose possession of the Equipment, nor shall Customer permit any lien to be placed on the Equipment. Customer acknowledges that Hanson & Fitch has no control over the use of the Equipment by Customer, and Customer agrees that from the time of delivery until the time of removal of Equipment, except for any servicing time performed by Hanson & Fitch, that Equipment is in the Customer’s possession and control. Customer agrees to comply, at Customer’s sole expense, with any and all applicable municipal, county, state, federal or quasi-governmental laws, ordinances, regulations and guidelines.
- Damage, Destruction, & Theft: Customer shall be liable for any loss, damage, destruction, and/or theft, except for reasonable wear and tear, of any Equipment, and for any losses resulting from any willful or grossly negligent acts or omissions of Customer or any of its agents, servants and employees. In the event of any loss of or damage to the Equipment, Customer shall promptly notify Hanson & Fitch of such loss or damage and shall provide Hanson & Fitch with copies of all reports relating to such loss or damage, including police reports, informal investigation reports, and insurance reports. Customer shall exercise all rights available to it under its liability insurance policy, take all actions necessary to process such claim, and assign such claim and pay any and all proceeds from such insurance to Hanson & Fitch. Customer shall pay Hanson & Fitch the actual cost of repair or replacement cost thereof, and in addition thereto, for Hanson & Fitch’s loss of use of the Equipment.
- Equipment Contamination: While portable restroom units are in Customer’s possession, Customer shall prevent any contamination of such units with or from radioactive, volatile, flammable, explosive, toxic or hazardous materials (including oils, paints. adhesives and solvents). Hanson & Fitch will not remove any waste other than DSW from portable restrooms and debris boxes (“Other Waste”). Removal of trash from portable restrooms is not included in service cost. In the event Other Waste is found in the Equipment, Customer shall arrange and pay for separate removal of such Other Waste. Until such” Other Waste” is removed, Customer may not terminate the Period and Customer is liable for all charges accrued during such period.
- Liability: Customer agrees to defend, indemnify and hold Hanson & Fitch harmless to the maximum extent permitted by law from and for all claims, lawsuits, damages, expenses and other losses arising out of the rental or use of Equipment delivered to or rented by Customer. Customer’s obligation will apply to the extent permitted by law to all accidents or incidents regardless of whether same occur as a result of Customer’s or third party’s negligence, fault or other legal liability. Customer will have no obligation to defend, indemnify or hold harmless Hanson & Fitch if the accident or incident arises out of the sole negligence or willful misconduct of Hanson & Fitch. Hanson & Fitch, its officers, directors, employees and agents shall not, under any circumstances, be liable to Customer for consequential, incidental, special, exemplary or punitive damages arising out of or relating to the Equipment. Customer’s sole and exclusive remedy for any claims or causes of action arising out of or related to the Equipment shall be to recover from Hanson & Fitch direct damages in an amount not to exceed the amount paid by Customer for use of the Equipment.
- Termination: Hanson & Fitch may terminate this agreement and remove the Equipment immediately in the event (a) Customer fails to pay any amount when due to Hanson & Fitch, (b) Customer otherwise breaches or rejects any of these Terms and Conditions, (c) there is any loss of or damage to the Equipment, (d) any lien is placed, or is proposed to be placed on any of the Equipment, or (e) a proceeding in bankruptcy or for other protection from creditors is commenced by or against Customer. Hanson & Fitch shall not be responsible for loss of any personal property on the Site, which may be caused by removal of any of Hanson & Fitch’s Equipment pursuant to this paragraph
- Governance: This agreement shall be governed by and construed in accordance with the laws of the state, shown on this invoice, in which the Hanson & Fitch’s place of business is located, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than such state. Each of the parties submits to the jurisdiction of any state or federal court sitting in such state, in any action or proceeding arising out of or relating to this agreement. All claims in respect of the action or proceeding may be heard and determined in any such court. No failure by Hanson & Fitch to exercise any right hereunder shall operate as a waiver of any other right hereunder, and a waiver of any right on one occasion shall not constitute a bar to or a waiver of any such right on any future occasion. All modifications to these Terms and Conditions shall be in writing.
- Taxes & Fees: Customer shall pay any and all taxes, license fees or permit fees arising out of use of the Equipment. Customer shall pay such taxes whether such taxes are shown on this invoice or whether such taxes are later claimed by a governmental authority. In the event of a claim by a governmental authority for taxes related to the Equipment, Customer shall pay to Hanson & Fitch such taxes on demand.
- Errors & Omissions: Hanson & Fitch reserves the right to correct any erroneous information that may appear in this invoice or may have appeared in a prior invoice including, without limitation, Customer’s name or address, or billing amounts.