VIKING FENCE CO., LTD RENTAL TERMS AND CONDITIONS
“Commencement Date” means the date of delivery of any material, equipment or devices by VIKING FENCE CO., LTD to the JOB SITE.
“Job Site” means the particular Job Site or Job Sites where the Customer has advised VIKING FENCE CO., LTD the Rental Fence System is to be delivered and installed.
“Rental Fence System” means any components supplied to the Customer by VIKING FENCE CO., LTD including but not limited to chain link fabric, fence posts, fence panels, bases, sandbags, gates, windscreen, fitting, gate hinges or any other material or equipment that VIKING FENCE Co., LTD may rent to the Customer.
“Portable Sanitation Device” means any sanitation component supplied to the Customer by VIKING FENCE CO. LTD including but not limited to portable toilets, specialty toilets, ADA-compliant restrooms, VIP Solar Restrooms, Comfort Stations, Hand Washing stations, sinks, holding tanks, sanitation accessories or any other material or equipment that VIKING FENCE Co. LTD may rent to the Customer.
“Traffic Control Device” means any crowd or traffic control component supplied to the Customer by VIKING FENCE CO. LTD including but not limited to jersey barriers, water barricades, crowd control barricades, traffic control signage, surveillance equipment/surveillance trailers, RDSS (Rapid Deployment Surveillance Systems), channelizing devices or any other material or equipment that VIKING FENCE CO. LTD may rent to the Customer.
“Rental Product” means, but is not limited to, any Rental Fence System component, Portable Sanitation Device or any Traffic Control Device supplied to the Customer by VIKING FENCE CO. LTD.
“Customer” means any person, company, partnership or corporation that rents a Rental Fence System, Portable Sanitation Device or Traffic Control Device from VIKING FENCE CO., LTD and included, where appropriate, any person who is actually or apparently authorized by the Customer to act on its behalf.
“Agreement” means an agreement between VIKING FENCE CO., LTD and a CUSTOMER for the rental of any device or equipment for the Job Site as a result of acceptance of a proposal.
“Order” means an Order placed by the Customer with VIKING FENCE CO., LTD for the rental of a Fence System, Portable Sanitation Device and/or Traffic Control Device or any other rental product.
“Viking Fence” means VIKING FENCE Co., LTD and includes, where appropriate, its employees and authorized agents.
- RENTAL PRODUCTS
- Unless otherwise agreed by the parties, Viking Fence does not warrant that any Rental Product is new or unused or will be unaffected by the conditions (including weather and ground conditions) of the Job Site.
- The Customer must use the Rental Product at all times in a safe and prudent workmanlike manner, in accordance to all applicable laws, by-laws, regulations and statutes.
- No other advertising material, signs or other materials such as shade cloth, alterations or modifications are to be performed to the Rental Product without Viking Fence’s prior written consent.
- The Customer may not transfer, sell, mortgage or otherwise deal with the Rental Product or allow the Rental Product to be removed from the Job Site, by a third party.
- The Customer must not alter, move, install or uninstall the Rental Product, without Viking Fence’s prior written consent.
- The Rental Fence System is a temporary fence solution and should not be relied upon to provide any of the structural characteristics of a permanent fence solution. PLEASE BE AWARE THAT IF TEMPORARY PANELS BLOW OVER DUE TO EXTREME WEATHER, VIKING FENCE IS NOT RESPONSIBLE FOR THE COST TO REINSTALL.
- All Rental Products remain the property of Viking Fence.
- DELIVERY AND INSTALLATION
a. Upon receipt of an ORDER and/or a notice to proceed with installation, Viking Fence will deliver and/or install the Rental Product to a Job Site in accordance with the terms of the Agreement.
b. Viking Fence will not be liable for a delay or failure to deliver and or install the Rental Product at the Job Site, if the delay arises as a result of a circumstance beyond the control of Viking Fence. Notwithstanding late delivery, the Customer must accept and pay for the Rental Product in accordance with the terms of the Agreement.
c. The Customer hereby assumes full responsibility for the locating and staking the Rental Fence System line upon which the Rental Fence System materials are to be installed. The Customer also agrees to defend and hold harmless and indemnify Viking Fence from and against all claims, liabilities, and expense for injury, death, or damage to person or property, trespass, and all other damage or loss arising out of the installation or location of the Rental Fence System.
d. The Customer shall have a representative on site to direct the Rental Product installation location and confirm the quantity of materials delivered and/or installed. If a Customer representative is not available verbal directions or a plan of the site with the Rental Product location shall be made available to Viking Fence. All underground services within the line of proposed Rental Fence System shall be marked on site with marker paint, and a plan provided to Viking Fence. If a Customer representative cannot be present upon the completion of the Rental Product installation/delivery, the Customer agrees to accept the quantity and condition of the Rental Product installed/delivered by VIKING FENCE.
e. Customer is responsible for obtaining all necessary permits unless noted in the Agreement.
f. Viking Fence will not be responsible for damage to sod, landscaping, trees, shrubs, asphalt or concrete that is damaged during the Rental Product installation.
g. Customer is to provide all traffic control unless noted in the Agreement.
The term of the Agreement will commence on the Commencement Date and terminate at the expiration of Agreement term. Customer agrees to notify Viking Fence to schedule removal of any Rental Product before the expiration date. In the event that Viking Fence is not notified by Customer before the end of rental period, to remove any Rental Product, the rental will automatically renew at Viking Fence’s standard monthly rental rate, billed monthly in advance.
- PRICING AND PAYMENT CONDITIONS
a. Customer will be charged and invoiced by Viking Fence from the Commencement Date. Viking Fence will not refund Agreement charges for early return of any Rental Product.
b. The Agreement includes one installation/delivery to the Job Site and one removal of the Rental Product from the Job Site. Rental Products are to be measured/counted on completion and billed accordingly. Rental Fence and Portable Sanitation is taxable per Texas state law. Price may vary per rental period. Viking Fence offers monthly, 3, 6, 9, 12 and other term rates. Portable Sanitation and Traffic Control Device pricing is based on a 28-day advance billing cycle.
c. Agreement charges for the Rental Fence System for the full term of the Agreement are due and payable immediately upon receipt of invoice unless noted in the Agreement.
d. Customer shall pay amounts due, without any offsets (including retainage), in full at the time of the rental unless Viking Fence approves Customer’s executed credit application. Customer must notify Viking Fence in writing of any disputed amounts, including credit card charges, within 15 days after the receipt of the invoice or Customer shall be deemed to have irrevocably waived its right to dispute such amounts. At Viking Fence’s discretion, any credit account with a delinquent balance may be placed on a cash, hold or no-service basis, deposits may be required and the Rental Products may be picked up without notice. Customer agrees that a service charge equal to the lesser of 1.5% per month or the maximum rate permitted by Texas state law shall be assessed on all delinquent accounts, until all balances are paid in full. Customer agrees that if a credit card is presented to pay for charges or to guarantee payment, Customer authorizes Viking Fence to charge their credit card all amounts due per the Agreement and charges subsequently incurred by Customer, including but not limited to, loss of or damage to the Rental Products and extension of the rental period.
e. Damage Waiver Rate. Damage waiver rate protects Customer against back-charges, as long as damage to installed temporary fence does not exceed 20% of the total fence length. Standard rate allows Viking Fence to back-charge customer for any and all damage to temporary fence. Normal wear and tear does not apply.
f. Automatic Renewal. Customer agrees to notify Viking Fence to schedule removal of Rental Products. In the event, that Viking Fence is not notified by Customer before the end of rental period, the rental will automatically renew at Viking Fence’s standard monthly or 28-day rental rate.
- REMOVAL OF RENTAL PRODUCTS
Customer shall notify Viking Fence that a Rental Product is ready to be picked up. Customer is responsible for contacting Viking Fence to schedule pick up, otherwise Customer will automatically be invoiced for additional rent at standard monthly rate. The Rental Product shall be returned to Viking Fence in the same condition it was received, less Ordinary Wear and Tear. The Rental Period and this Agreement shall not terminate until Viking Fence has had an opportunity to confirm that the material is being returned in the condition required herein. The Customer agrees to have a representative on site to confirm the quantity of materials removed and to confirm any and all damaged and/or lost material. If a Customer representative cannot be present during the Rental Product removal, the Customer agrees to accept the quantity and condition of the Rental Product materials documented and removed by Viking Fence. Viking Fence agrees to send confirmation of removed and damaged/lost material to Customer.
- DAMAGED/LOST MATERIAL
Customer agrees to compensate Viking Fence for any damaged and/or lost Rental Products. Damaged and/or lost Rental Products shall be billed at the following rates:
6’ Chain Link Fence Fabric $3.09/ft 8’ Chain Link Fence Fabric $4.09/ft
6’x12’ Fence Panels $175.00/ea. 8’x12’ Fence Panels $225.00/ea.
Fence Bases $48.00/ea. 8’ Fence posts $28.95/ea.
10’ Fence Posts $36.95/ea. Top Rail $3.50/ft
6’x24’ Swing Gate $365/ea. 8’x24’ Swing Gate $455/ea.
Standard Toilet $750/ea. Water Barricades $670/ea.
Holding Tank $550/ea. Water Barricade Fencing $90/ea.
Other items not listed above shall be invoiced at the current cost to replace that specific rental asset.
RDSS (please inquire about replacement costs as prices vary by equipment – please note that this agreement requires the Customer to insure RDSS equipment against any and all damage).
- INDEMNITIES AND LIMITATION OF LIABILITY
Customer agrees to fully indemnify and defend Viking Fence (including its agents and employees) against all costs, claims, lawsuits, litigation fees, expenses, judgements, and arbitral costs or awards arising from or related to any Rental Product, the fence location and property lines, damage to any underground lines or pipes, and all property damage (collectively, the “Indemnities”). Customer agrees that Viking Fence’s liability to Customer, whether under contract, tort, or public law shall never exceed the total sums paid to Viking Fence under this Agreement, and Customer waives all consequential, statutory additional, and indirect damage claims, and all claims for lost profits. Venue for any disputes between the parties shall be exclusively in Travis County, Texas.
- CUSTOMER DEFAULT
Customer shall be in default if Customer: (a) fails to pay sums when due, (b) breaches any provision of this Agreement, (c) becomes a debtor in a bankruptcy proceeding or goes into receivership. Viking Fence shall have, in addition to all rights in remedies at law or in equity, the right to repossess the Rental Product without judicial process or prior notice. For purposes of Texas Property Code Liens, our Rental Products are deemed to be provided on a monthly basis, and because it is material and used in the improvement of real property, Viking Fence may, during any month of the rental term, file a lien for all accrued but unpaid rent.
- SPECIFIC TERMS AND CONDITIONS RELATED TO SURVEILLANCE SYSTEMS:
The Paragraphs below detail some of the key terms and conditions related to Rapid Deployment Surveillance Systems (RDSS). For a complete list of all terms and conditions related to the rental of these products please reference https://www.vikingfence.com/about-us/rdss-terms-and-conditions/
Disclaimer of Warranty:
Disclaimer Of Warranty. The Equipment And Services Are Provided “As Is” Without Warranty, Either Express Or Implied, Including Without Limitation Any Warranties Of Accuracy, Timeliness, Completeness, Merchantability, Non-Infringement, Fitness For A Particular Purpose (Even If That Purpose Is Known To Viking Fence and/or Wcctv), Or Arising From Course Of Dealing, Usage Or Trade Practice. Viking Fence and it’s partner, Wcctv, Disclaim Any And All Liability To Any Person Or Entity For The Proper Performance Of The Equipment Or Service. Viking Fence Does Not Represent Or Warrant That The Services Are Complete Or Free From Error Or Will Be Available 24 Hours Per Day, Seven Days Per Week, And Does Not Assume, And Expressly Disclaims, Any Liability To Any Person Or Entity For Any Loss, Injury, Or Damage Caused By Errors Or Omissions In The Equipment Or Services, Whether Such Errors Or Omissions Result From Negligence, Accident, Or Other Cause. Viking Fence Makes No Representations Or Warranties About The Legality Or Propriety Of The Use Of The Services In Any Geographic Area. In No Event Will Viking Fence Have Any Liability For Events Or Causes Beyond Its Reasonable Control, Including Without Limitation As Set Forth In Condition 12. Viking Fence Does Not Give Any Warranty, Guaranty Or Other Undertaking That The Provision Of Any Service Or Equipment Under The Contract Will Avert, Prevent Or Protect Against Occurrences Of Which The Equipment And/Or Services Are Intended To Record Or Give Warning. Furthermore, Viking Fence Disclaims All Liability For Any Losses That Are Covered Under A Warranty For Equipment Provided By A Third Party.
Indemnification by Customer:
Customer agrees to indemnify, defend, and hold Viking Fence Co. and its affiliates harmless from and against all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from a claim, suit or proceeding brought against Viking Fence by a third party arising out of or related to (1) the removal, handling, use, disposition, possession, transportation or conveyance of the Equipment and/or Services by you or your permitted users or (2) your misrepresentation or breach of this Contract
Use of Rented Surveillance Equipment:
At all times when the Rented Equipment is in your possession you will:(a) insure the Rented Equipment for its full replacement value, naming us as an additional insured party;(b) make no alteration to the Rented Equipment and not remove any existing components from the Rented Equipment;(c) keep us fully informed of all material matters relating to the Rented Equipment;(d) keep the Rented Equipment or any part thereof at all times at the Delivery Address and not move to any other location or site,(e) ensure that at all times the Rented Equipment remains identifiable as being our property and if requested ensure that a visible sign to that effect is attached to the Rented Equipment. You agree that we are not an insurer and no insurance coverage is offered. At or directly after delivery, you shall furnish us with a certificate of insurance. You shall maintain such insurance in full force and effect at your sole expense during the Lease Period.
For Rental Equipment, unless your Lease expressly includes the cost of the Data Plan, such cost will be separately invoiced as a Data Plan Fee for Rental Equipment at the same time we invoice for the Lease during the Data Plan Period. For Purchased Equipment, we will invoice you for the Data Plan Fee at the time or times stated in the Proposal. If you exceed the Data Plan usage allowance, you will be charged at $50.00 for every 5 GB over the allowance. If the Data Plan Fee is in arrears we may suspend provision of the Data without affecting your obligation to pay the Data Plan Fee for the entire Data Plan Period. We may increase the Data Plan Fee by the percentage of increase imposed upon us by the network provider. Any such increase will take effect 30 days after we notify you of the change. We will invoice you for the increase in the Data Plan Fee from the effective date of such increase to the end of the Data Plan Period.
12. FORCE MAJEURE
Viking Fence will not be liable to Customer for any failure or delay by us or for the consequences of any failure or delay in performance of the Contract if it is due to any event beyond our reasonable control including acts of God, war, labor strikes or industrial disputes, protests, fire, flood, storm, tempest, epidemic, explosion, an act of terrorism, acts of or authorized by government, inability to obtain materials or components and national emergencies or any supervening illegality.
13. MERGER AND INTEGRATION OF DOCUMENTS
This Agreement supersedes all prior oral and written agreements between the parties, all of which are merged into this Agreement. Modifications and amendments to this agreement, including any exhibit or appendix, shall be enforceable only if they are in writing and are signed by authorized representatives of both parties.