Rental Agreement

SERVICING CENTRAL FLORIDA, PORT CHARLOTTE TO CRYSTAL RIVER, INLAND TO US 27

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Account

Rental Agreement

Terms and Conditions

Provide a temporary climate design tailored to the request and needs of the customer for the project.
Delivery to the project site. Assistance from customer may be required to include lifting and positioning on site by machinery as required.
Start-up of units. Included gas pressure leak test and safety run testing of units for proper operation.
Tool Box Safety Talk. Introduce related safety practices and identify emergency procedures of equipment.
Pick-up of equipment at end of rental. Assistance from customer may be required to include lifting and positioning on site by machinery as required.

Customer Responsibility

Maintenance charges will apply for a problem ocurring with a rental unit due to any of the following conditions -No power, poor power, low running voltage or reverse polarity. Debris obstructing the air intake of the unit, no fuel or low fuel pressure and/or physical damage stopping the rental unit from operation. An invoice will be created to include travel time, mileage, parts and labor at the following rates. (Normal maintenance is covered 100 % by Patriot Portable Air) • $125.00 per hour straight time (8 AM - 4 PM Monday-Friday) • $250 per hour (Saturday, Sunday & after 4 PM Monday-Friday) (Door to door charge) with 4-hour minimum charge • $350.00 per hour (Holidays) (Door to door charge) with 4-hour minimum charge • $1.75 per mile travel charges (added to labor above) • Provide full replacement cost insurance on all rental equipment on project site. • Standby Charges for delivery/pick-up for standby time at $ 125.00 per hour during delays • Customer is required to provide all Permits that may be required by the city, state or local codes if any. • Customer provides any and all required union labor • All lifting/off-loading of equipment (as applicable) • State and local taxes (Tax exempt customers must provide a tax exempt certificate with purchase order) • Purchase orders and this proposal (signed) are required prior to delivery. • All equipment and services provided by Mobile Air are subject to the “Patriot Portable Air" Rental Agreement Terms Customer accepts these Terms & Conditions.

Terms

Payment Terms: Invoiced same month as delivery of equipment, net 30 day terms. All monthly pricing is based on a 28 day billing cycle.
Proposals are valid for 30 days and equipment selection is contingent upon availability.

Installation, Start-up, Decommissioning, Dismantling

These services are to be performed by a qualified service technician. Cost for these services is the responsibility of the customer. Billing will be based on "Time and Materials", plus travel

Notes

Rental rates based upon listed rental period durations. Shorter durations are more costly on a monthly or weekly basis.
Please see attached equipment data sheets for additional specifications and features.
Rental period begins the day equipment departs our facility, and ends the day equipment has returned. F.O.B. is Patriot Portable Air Point of origin.
"Trailer Mounted" equipment is not to be unloaded, unless otherwise noted. "Skid Mounted" and "Containerized" equipment is to be offloaded, unless trailer rental is included within agreement.
Labor associated with the equipment leveling, rigging, setup, startup, monitoring, operation, operator training, decommissioning and teardown are not included in this proposal, unless specifically identified herein.
Quoted equipment is subject to availability at time of order.
Quotation is valid for 30 days from the date of this proposal.
It is the customer's responsibility to contact Patriot Portable Air for equipment removal, and the subsequent end of the rental commitment. In addition, we require 48

Customer Responsibilities

See Patriot Portable Air Terms and Conditions.
Compliance with all city codes and necessary permits and licenses.
Payment of any applicable taxes. If tax exempt, a copy of the exemption certificate is required.
Complete mechanical and electrical installation.
Maintenance of equipment during the project term.
Decontamination or cleaning of any hazardous chemicals or fluids.
Round-trip freight (to site and back to point of origin).
To insure the security of the rental equipment up to its' full replacement value, regarding theft, vandalism, and "acts of god"

Billing Policy & Late Payments

Patriot Portable Air billing policy is based on a 4-week month/28 days equals one month. Terms are net 30 days from date of invoice. Patriot Portable Air Terms and Conditions apply. Additional weeks will be invoiced at 1/3 the cost of the monthly rental rate, and additional months at the previously specified rate. The cost of "Round-trip freight" is billed

Sale Term and Conditions

ACCEPTANCE. This sales order form constitutes an acceptance of buyer’s purchase order by the seller. Acceptance is conditioned upon buyer’s consent to the exact terms and conditions set forth in this order form and in any invoice issued in connection with this order form. Any different, additional or conflicting terms or conditions of any purchase order, specifications or other document issued by buyer or seller either before or after issuance of this sales order form are expressly objected to by the seller and are not to be binding upon the seller. Any waiver or amendment of any of the terms and conditions of this order form is not binding on the seller unless it is in writing and signed by an authorized employee of seller. Seller is not obligated to perform the work covered by this form or to ship the goods until seller has approved buyer’s credit. Seller may at any time in seller’s sole discretion decline to make any shipments, or perform any work if buyer’s credit is not satisfactory.
TERMS OF PAYMENT, GRANT OF SECURITY INTEREST. All payments are due and payable in accordance with the terms shown on the invoice issued in connection with this order form. If all goods and services covered by this order form are not delivered or performed at one time, buyer shall pay the price applicable to those goods delivered or services performed. Buyer shall give seller a purchase money security interest in the goods covered by this order form to secure payment of the purchase price. At the time of delivery of the goods, buyer shall execute a Security Agreement in such form as seller requires.
TAXES. The customer shall pay all custom duties, sales, use, excise or other taxes applicable to the sale of goods or performance of services unless the buyer furnishes seller with an appropriate tax exemption certificate.
SHIPMENT AND RISK OF LOSS. All shipments covered by this sales order form are F.O.B. shipping point. Title and risk of loss or damage to the goods pass to buyer upon delivery to carrier. Any claim by buyer for any shortage or damage to the goods must be reported in writing to seller within thirty (30) days of receipt of the goods. If no report is received within the thirty (30) day period, it shall be conclusively deemed that buyer received the quantity of goods shown on seller’s shipping documentation in good condition. Buyer agrees to file, at buyer’s expense, any claims for shortages or damage with the carrier.
LIMITED WARRANTY OF SELLER. Seller warrants, to the original buyer only, against defects in material and workmanship for a period of twelve (12) months from the date of delivery. Seller will be liable under this limited warranty only if the buyer, at the time of delivery, provides seller with written notice that a defect exists if a reasonable inspection of the equipment would have put the buyer on notice as to the defect. Silent acceptance of the goods by the buyer will constitute a waiver by the buyer of the limited warranty. This warranty shall only be effective if the seller has had a reasonable opportunity to investigate the alleged defect. If seller determines, upon examination at one of its factories or in the field, that the equipment or any part of it alleged to be defective is not defective or was not defective at the time of sale or delivery, the buyer shall be entitled to no remedy under this warranty. Buyer may ship goods to seller’s factory only if written shipping instructions have been received from seller. Any modifications or alterations made to the goods without the authorization of the seller will void this limited warranty. This limited warranty will not apply where damages are caused by misuse, abuse, neglect, accidental faulty installation or improper application of the equipment. Any machinery, equipment, component or accessory furnished by the seller as part of the goods, but manufactured by others, is warranted only to the extent of the original manufacturer’s warranty to the seller. Seller hereby disclaims all other warranties not described directly above, including but not limited to any implied warranty of merchantability, implied warranty of fitness for a particular purpose or any other express or implied warranties and any warranty created by statute or by operation of law. There are no other warranties except as specifically included above. This warranty does not apply to parts or components designed for replacement in less than one (1) year.
LIMITED REMEDIES. In the event the seller has breached the limited warranty described above and buyer has complied with all the terms and requirements to effectuate the warranty, buyer shall be entitled to the following limited remedies: seller shall have the option to replace a defective product or component, refund to the buyer the price of the product or make a fair allowance for any variance in the product standard, quality of material or workmanship. In any event, the remedy granted to buyer shall never exceed the purchase price of the product. Buyer agrees that no other remedy shall under any circumstances be available to buyer. Buyer shall not be entitled to incidental or consequential damage for lost profits, lost sales, injury to persons or property or any other incidental or consequential loss.
SPECIFICATIONS. At any time for any reason, seller may modify the specifications of goods covered by this sales order provided the modifications do not adversely affect the performance of the goods.
LIMITATIONS. Seller shall not be liable for any failure to deliver or delay in the delivery of any goods or services due to any cause beyond its control, including but not limited to acts of God, acts of civil or military authority, fires, epidemics, floods, riots, wars, sabotage, labor disputes, governmental actions, or inability to obtain materials, components, energy, manufacturing facilities, or transportation. In the event of any such delay, the date of delivery or performance shall be extended by a period equal to the time lost of reason of such delay. In the event seller’s production is curtailed for any of the above reasons, seller may allocate its production among its various buyers. Such allocation shall be made in a commercially fair and reasonable manner. Nothing contained in this paragraph shall be construed as relieving the buyer from accepting delivery at the agreed price, but only as deferring delivery and payment in the event and to the extent provided.
ASSIGNMENT. Neither party may assign its rights or obligations under this sales order without the prior written consent of the other party. Any attempted assignment shall be void for all purposes unless made in conformity with this paragraph.
DELIVERY. Seller will make every reasonable effort to meet shipping dates promised and to maintain productions schedules. Seller is not liable for claims for damages due to failure, for any reason, to meet such scheduled shipping dates, and such failure to meet scheduled shipping dates shall not be sufficient cause for cancellation of seller’s obligation under this order form. This order may not be cancelled by buyer without the express written consent of seller. Buyer shall be liable to seller for all losses, costs, and expenses incurred in connection with any cancellation.
PRODUCT SAFETY AND SAFETY DEVICES. Our products are capable of being used in a safe manner. Buyer must install and use the products in a safe and lawful manner in compliance with applicable health and safety regulations and laws and general standards of reasonable care and with any operations manuals supplied by seller. It is the responsibility of the buyer to furnish appropriate safety devices for machinery parts in compliance with OSHA standards as well as any other safety devices desired by buyer and/or required by law.
ENTIRE AGREEMENT. This sales order form contains the entire agreement between buyer and seller for the purchase of the goods. Any waiver by seller or buyer of any provision of this sales order shall not be deemed to be a continuing waiver of such default or a waiver of default of any of the other terms or conditions of this sales order. No waiver of any provisions of this form shall be binding on the seller unless made in writing expressly stating that it is such a waiver and is signed by an authorized representative of the seller.

Rental Agreement

Terms and Conditions

Customer Responsibility

Terms

Installation, Start-up, Decommissioning, Dismantling

Notes

Customer Responsibilities

Billing Policy & Late Payments

Sale Term and Conditions

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