FABER CRANE SERVICES, LLC
2218 Cedardale Road * Mount Vernon, WA 98274
425-259-1610 800-352-0166
360-336-3535
360-336-3497 (fax)
www.mvcrane.com
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EQUIPMENT USED ……………………………..…….. / QTY / AMOUNT / …..PREVAILING WAGE WORK: The Customer agrees to notify FABER CRANE SERVICES, LLC if a job will be performed under prevailing wage laws. The Customer further agrees that is it is discovered after the job that prevailing wages are to apply to the job the difference in the crane rates will be billed to the Customer and the Customer will be required to pay for the difference.
I have reviewed the General Provisions, Operational Provisions and Terms of Payment on the reverse side of this document.
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Job Title ______
FABER CRANE SERVICES LLC GENERAL TERMS AND CONDITIONS
GENERAL PROVISIONS
1. NO OTHER AGREEMENT: These terms and conditions shall govern the entire agreement between the parties hereto and supersedes all other agreements or understandings, written or oral. The Customer disclaims any and all representations or warranties expressed or implied, not specifically listed herein.
2. NOTICE OF CANCELLATION: All charges shall apply in the event the work is cancelled, unless notification is received by FCS 8 business hours prior to mobilization.
3. INDEMNIFICATION: To the fullest extent permitted by law, Customer shall defend, indemnify and hold harmless FCS and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys’ fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting there from, and (2) is caused in whole or in part by any negligent act or omission of Customer, or anyone directly or indirectly employed by Customer, or anyone for whose acts Customer may be liable. Provided, however, that where any such claim, damage, loss or expense arises from the concurrent negligence of (1) the Customer or anyone from whose acts it may be liable (2) FCS or anyone for whose acts is may be liable and (3) the Owner or anyone for whose acts it may be liable, it is expressly agreed that FCS’s obligations of indemnity under this paragraph shall be effective only the extent of FCS’ negligence. In no case will FCS be obligated for more than FCS on-hook or general liability insurance limits. Customer specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. Further, the indemnification obligation under this contract shall not be limited in any way be any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers’ compensation acts, disability benefits acts, or other employee benefits acts; provided Contractor’s waiver of immunity by the provisions of this paragraph extends only to claims against Contract by Owner and does not include, or extend to, any claims by Contractor’s employees directly against Contractor.
4. EXCUSE OF PERFORMANCE: Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, accidents, adverse weather conditions, 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 FCS shall excuse FCS’s performance for a period equal to such prevention, delay or stoppage. Customer hereby waives all claims against FCS for any delay or loss of materials by reason of any shutdown, or failure of the equipment for any reason.
5. APPLICABLE LAW: The proposal shall be interpreted under the laws of the State of Washington.
6. JURISDICTION: The parties expressly consent to and submit to the jurisdiction of the Superior Courts of the State of Washington.
7. VENUE: The parties expressly agree that any suit brought pursuant to this agreement shall be brought in the Courts of Skagit County and the parties expressly submit to such Courts jurisdiction.
OPERATIONAL PROVISIONS:
1. The customer shall provide proper access, ample room, and suitable ground conditions to perform the work. FCS relies on customer’s representation as to the condition and stability of the surface and sub-surface areas where the equipment will operate. FCS shall not be responsible for damages to person or property resulting from inadequate or defective surface or sub-surface conditions. Customer shall indemnify and hold FCS harmless for any claims thereon.
2. The Customer agrees to direct the use of the equipment in strict compliance with all applicable rules, laws, regulations, and orders. The customer further agrees to use said equipment in accordance with the manufacturer’s instructions and agrees not to exceed the manufacturer’s rated load capacities.
3. Customer agrees to provide or otherwise select competent and experienced personnel to direct the operation of the equipment, and further agrees that the standard of care and responsibilities will be in accordance with American National Standards Institute (ANSI) and that ASME B30.5-2007 (and as amended) shall be used when operating the equipment, specifically Chapter 5-3 Operation.
4. It is expressly agreed by and between the parties hereto that the equipment and FCS employees are under the exclusive jurisdiction, supervision and control of Customer under this proposal. It shall be the duty of the Customer to give specific instructions and directions to all persons operating the equipment. Customer specifically agrees that there is a complete surrender by FCS of control with regard to the aforementioned personnel and equipment and not simply a division of control. The Customer shall have the right to control and shall be deemed to have exercised that right as to all details or operation of the equipment and personnel furnished.
5. If any crane has been fitted with a load measuring device, the Customer hereby acknowledges and agrees that FCS has made no warranties or representations whatsoever with respect to the ability of the said load measuring device to accurately or consistently measure the weight of loads being lifted by such crane. The Customer further acknowledges and agrees that if is the responsibility of the Customer to independently determine the weight of every load to be lifted by any crane so as to ensure that any such load measuring device shall be used as an operator-aide only. The Customer further acknowledges and agrees that reliance in any way whatsoever on any load measuring device is done so completely at the Customer’s own risk.
6. The Customer assumes all liability for the adequacy of design or the strength of any lifting lug or device embedded in or attached to any object.
7. Customer agrees to supply any and all rigging devices, such as slings, chains, hooks, and like equipment, necessary. If Customer wishes to use any such rigging belonging to FCS, Customer agrees to inspect and assume all liability for the adequacy of design or strength of any rigging or lifting apparatus used. FCS hereby makes no representation as to the adequacy of design or strength of any rigging or lifting apparatus and expressly disclaims to the extent permitted by law the warranty of merchantable or fitness for a particular purpose.
TERMS OF PAYMENT
1. Credit is subject to approval by FCS Credit Department.
2. Customer agrees to pay an additional fee of $50.00 for each State or Federal report it requires of Faber Crane Services LLC.
3. On amounts not paid within thirty (30) days from the date of invoice, a finance charge shall be added equal to one and one-half percent per month (18% APR). If payments for amounts due on this proposal, or any portion thereof, are not paid in accordance with the terms of the contract, the Customer agrees to pay an additional 25% for fees in addition to all court costs and attorney’s fees.
4. NSF Checks will be assessed a $50.00 NFS Check Fee.
5. Any federal, state, local taxes, or other similar governmental charges imposed upon FCS or Customer that may be assesses on these transactions shall be paid by the Customer regardless of when said tax or charge is assessed or imposed. Said payment shall be in addition to the aforementioned amounts.