Terms & Conditions
1.) Parties: This Agreement is made by and between Boutte Tree, Inc., doing business as Chattahoochee Crane, referred to herein as “Lessor,” and the Lessee (Customer) or the Lessee’s (Customer’s) agent(s), collectively referred to herein as the Lessee. Lessor and Lessee shall be referred to herein as the “Parties.” The Lessee may employ the Lessor’s equipment to meet its objectives, and those efforts, directed and supervised by the Lessee, shall be referred to as the “Work.”
2.) Entire Agreement & Governing Law: This Agreement represents the entire and integrated agreement between the Parties and supersedes prior agreements, either written or oral. The Agreement may be amended only by a written modification signed by both Parties. No presumption shall be implied by the fact that this Agreement was prepared by or at the request of a particular Party or that Party’s counsel. If any term or provision of this agreement should be found to be void or unenforceable the remainder of the Agreement shall remain valid and enforceable. This Agreement is governed by the laws of the State of Georgia, without regard to its conflicts of laws provisions.
3.) Contract Documents: This Agreement consists of the hourly or fixed fees and rates, handwritten or GPS-verified indications of hours of equipment service, these Terms and Conditions, and any written modifications, signed by both Parties, issued after execution of this Agreement.
4.) Scope of Work: Lessor agrees to furnish equipment to the Lessee and the Lessee agrees to operate or direct the Lessor’s employees to operate the equipment in accordance with the manufacturer’s recommendations and to follow the instructions of the Lessee. The Lessor may provide an operator for the equipment but any provided operator must be acceptable to the Lessee and upon acceptance remains in all ways subordinate to the Lessee and agrees to act as directed by the Lessee as the Lessee’s agent and servant. The Lessee is responsible for directing, through qualified and trained personnel, the Lessor, through an equipment operator, to act in accordance with all applicable rules, recommendations, and directives of the American National Standards Institute and the American Society of Mechanical Engineers B 30.5, according to the most recent revisions or updates to the particular applicable standard available. The Lessee’s responsibility for the safe and compliant supervision and direction of the Work extends to the maintenance, assembly, erection, operation, disassembly, maneuvering, or repairing of the equipment as it pertains to the Work.
I. State and Municipal Permissions: The Lessee is responsible for directing the Lessor where to place its equipment and for maintaining the safety and integrity of the environment where the Work is conducted. The Lessee agrees to procure and maintain all necessary permits needed for the Work to comply with Federal, State, and Municipal, or other regulations including but not limited to street closure permits, building permits, lane closure permits, tree removal permits, FAA permits, trade licenses or occupational permits, or job-specific credentials. The Lessee will act, in its capacity as director and supervisor of the Work, to pay any fines, fees, penalties or obligations that are levied against the Lessor as a result of noncompliance with Federal, State, or Municipal regulations.
II. Soil and Ground Conditions: The Lessee agrees that it will assume all responsibility for the ground and soil conditions, including man-made bearing surfaces, in the area where it directs the Work. The Lessee has a duty to test, inspect, or measure, according to applicable standards, the ground, soil, or man-made bearing surface beneath the equipment and its suitability to sustain the ground pressure exerted by the crane in the performance of the Work. If the ground is found to be deficient the Lessee undertakes the obligation and responsibility to improve the ground, either by compaction, addition or removal of soil, addition of cribbing or shoring, or other approved means, until the ground, soil, or man-made bearing surface meets all applicable standards for the performance of the Work.
III. Rigging: Any and all apparatus between the hook of the crane (but excluding the hook) and the load (including the load), including all cables, chockers, straps, wires, flanges, mounting plates, slings, ropes, devices, hooks, latches, links, spreaders, or insulators are herein defined and referred to as the “Rigging.” Lessee is required to inspect and approve, according to applicable standards and manufacturers ratings, any and all Rigging to be used with this equipment, and as the director and supervisor of the Work the Lessee assumes responsibility for any defects, overloading, misuse, or failure of any kind in any of the Rigging, regardless of Rigging ownership. The Lessee agrees to supervise and control all personnel, regardless of whether they are employed by the Lessor, the Lessee, or a third party, in the selection of Rigging, method of rigging, and proper placement of the Rigging as it pertains to the Work.
IV. Power Lines: Lessee assumes all responsibility for identifying and eliminating or containing electrical hazards to ensure the safe performance of the Work. The Lessee agrees to identify and de-energize any conductors within the vicinity of the Work, and to direct all operations around power lines in accordance with the rules and minimum approach distances specified in OSHA and ANSI regulations. The Lessee assumes the responsibility to contact the local electric utility or other authorized entity to ensure that applicable rules and recommendations are followed in the interest of personnel safety and preserving property.
V. Operator Aids: In the event that furnished equipment is fitted with an operational aid, such as a load moment indicator, boom length indicator, or other such aid, the Lessee assumes full responsibility, in accordance with applicable ASME and ANSI standards, to avoid using that aid as a load measuring device. Furthermore the Lessee agrees to independently determine the weight of loads prior to their being hoisted by furnished equipment so as to fully comply with approved lift-plan procedures. The Lessor makes no warranties or guarantees regarding the accuracy or reliability of operational aids.
VI. Terrestrial and subterranean Damage as a result of ground pressure: The Lessee agrees to hold the Lessor harmless from claims of property damage resulting from the weight of the Lessor’s equipment in the performance of the Work, including but not limited to: cracking, scraping or buckling of pavement surface, curbing, or gutters, damage to any underground utilities, or damage to turf, ivy, ground cover, shrubs or other vegetation on any right-of-way, street, alley, sidewalk, driveway, parking area, landscaped area or path resulting from the placement of equipment necessary to complete the Work. If any claim involving any aforementioned terrestrial and/or subterranean property damage(s) originating from any property owners or their representatives is directed at Boutte Tree, Inc. (dba Chattahoochee Crane), then the Lessee agrees to repair or replace any terrestrial or subterranean installations at their own expense to the satisfaction of the property owner(s), both regarding the quality of the repair and the timeliness of its completion, as the means by which they will hold the Lessor harmless.
5.) Scheduling & Cancellation: To schedule work the Lessee shall make a deposit, upon which the Parties may agree on a date for delivery. Once scheduled either Party may reschedule or cancel equipment delivery, except that any cancellation on the part of the Lessee must be made at least 24 business hours in advance of the scheduled equipment delivery. Should the Lessee cancel the delivery of equipment within 24 business hours or less of the scheduled delivery, the Lessee shall forfeit the deposit. Lessor is not responsible for any direct or indirect loss(es) resulting from delayed delivery of equipment, regardless of the circumstances of the delay.
6.) Insurance: The Lessee agrees to provide (and maintain in force) insurance coverage for the equipment and its operations prior to the delivery of equipment. Pursuant to Georgia Code 13-8-2, the Lessee shall not be required to insure the Lessor, including the Lessor’s employees, agents, or officers against liability or claims resulting from the sole negligence of the Lessor or its employees, agents, or officers. The Lessee shall procure the following insurance policies, and list the Lessor as an additional insured on them, and they shall be endorsed so that they are non-contributory to the Lessor’s policies: a) worker’s compensation insurance policy with at least statutory limits and at least $1,000,000 for employer’s liability. b) primary general liability insurance policy with bodily injury and property damage coverage with at least $1,000,000 per incident and $2,000,000 aggregate coverage. c) excess/umbrella insurance policy in the amount of $5,000,000. d) inland marine/all physical risk insurance policy to cover the full insurable value of the equipment, including any boom or jib, for its loss or damage from any and all causes, including, but not limited to, overloading, misuse, fire, flood, theft, overturn, explosion, or acts of god occurring during the rental term. Both parties agree that for equipment less than 5 years old the insurable amount of the equipment shall be the amount paid for the equipment at acquisition.
7.) Payment: Payment is due within 15 days after the Work has been completed. Any payments due hereunder and unpaid after 15 days shall bear interest from the date payment is due at the rate of 1 ½ percent per month. Lessor will be entitled to interest and attorney’s fees and costs incurred in any litigation, mediation or arbitration necessitated by non-payment by the Lessee.
8.) Indemnification: Lessor agrees to indemnify and hold harmless the Lessor (Boutte Tree, Inc., dba Chattahoochee Crane) and its employees, officers, and agents from all claims for death or injury to persons, including Lessor’s employees, and of all losses or damages to property, including the leased (rented) equipment, arising from the Lessee’s operation. Lessee’s duty to indemnify shall include all costs or expenses associated with a claim including court costs, attorney’s fees, and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor’s own negligence or fault regardless of whether the negligence or fault be direct, indirect, or consequential, except that pursuant to Georgia Code 13-8-2 Lessee shall not be required to indemnify, hold harmless, insure, or defend Lessor against claims that result from the sole negligence of the Lessor or its employees, officer, or agents. This indemnification shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under workers’ compensation acts, disability benefits acts, or other employee benefits acts. The Lessee’s obligations hereunder shall further not be limited by the amount of its liability insurance policies and the purchase of such policies for the Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or section of this contract, including any provision concerning procurement of insurance or partial indemnification.
9.) Dispute Resolution: Any claim, objection or dispute initiated by the Lessee must be delivered to Lessor in writing within ten (10) days of the occurrence of the event giving rise to the claim, objection or dispute or shall be deemed waived. In the event of any dispute, claim or controversy among the parties arising out of or relating to this Agreement, the Parties shall endeavor to resolve their claims by mediation. Any claims not resolved in mediation shall be subject to binding arbitration in Atlanta, GA, which shall be in accordance with the Commercial Rules of the American Arbitration Association then in effect. Any award entered into by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The cost arbitration and any proceedings in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, each party’s attorneys’ fees & costs), shall be borne by the unsuccessful party.
10.) Personal Guarantee: The signatory to the Agreement agrees to pay and personally guarantee any outstanding balance of the Lessee under this agreement.
11.) Credit Card Processing Fee: A credit card may be used to make a deposit, in the amount of the minimum anticipated charge, which initiates scheduling. The card will be used to hold funds only and if, at job completion, the Lessee wishes to pay the final bill by credit card a 2% processing fee will be added to the contract price.
12.) Controlling Document: To the extent that Boutte Tree, Inc. (doing business as Chattahoochee Crane) enters any other contract or agreement with the contracting party for this project containing different or conflicting terms, it is expressly agreed that the terms and conditions of this Agreement shall control.