About

Terms & Conditions Agreement

3RD PARTIES All 3rd parties’ (Permits, Route Surveys, State Police, Bucket Truck, Utilities, etc.) will be charged at cost plus 10% of final invoice, unless stated otherwise. 3rd parties’ estimates do not include any engineering that may apply or be required for permits. These will be charged at cost plus 10% of final invoice, unless stated otherwise.

DETENTION & LAYOVER Rate per hour does not include 3rd party detention, only TEFCO assets and personnel.

PRICING Based on a feasible and favorable route. Permits may require an indirect route; pricing may need to be revised based on additional mileage or requirements by local and/or state departments. Indirect routes can come from weather conditions, general construction, and other roadway related activities. Please note that permits issuance is at the state or local level direction and discretion. Pricing is based upon availability of equipment and may vary depending on shipping schedules. Schedule includes Monday- Friday Workdays and does not include weekends. If weekends are required, rates will need to be revised accordingly. Over Time rates may apply to weekend work requirements requested by customer or due to unforeseen events that require work to be conducted during a weekend. Quote is NOT based on any fixed schedule or time constraints that could result in liquidated damages of TEFCO’s responsibility.

UNFORSEEN OCCURANCES From start to finish of each transport such as traffic conditions or port congestion are not the responsibility of TEFCO Transportation LLC.

MOVEMENT RESTRICTIONS During winter and summer months, expectations of heavy rains, snow fall, and/or ice could become an impeding factor for movement over the road. Conditions for movement will need to be ideal. No movement will occur during inclement weather conditions. Delays of scheduling and detention for inclement weather conditions will be assessed at time of event.

LOADING/UN-LOADING Cargo will be loaded and off-loaded by others under the supervision of the contractor.
SPECIAL PERMITS Subject to State or Municipality DOT approval of all permits regarding the movement of equipment and the cost are not included in this budget proposal. FAA, road closure or MOT permits shall be ordered, secured & paid for by the customer. Additionally, FAA flags, FAA lights, traffic controls, police, barricades, etc. are NOT included in this quotation. If required, a letter of essentiality must be provided by owner or customer. Thirty days advanced notice required.

COMPLIANCE WITH LAWS & STANDARDS Customer shall comply with & conform to all applicable laws, regulations, ordinances, rules & orders of any governmental entity including, but not limited to OSHA & MSHA laws & regulations & shall comply with all applicable ANSI Standards. Customer is responsible for providing overall job site safety. Customer is responsible for providing a competent & experienced site supervisor & lift director to oversee job site & lifting operations as set forth in ASME/ANSI 30.5-3.1.3, et. seq. (as amended 2007). Customer is responsible for providing TEFCO accurate load weights & accepts all liability resulting from its failure to do so. Customer assumes responsibility, control of, & supervision for rigging, hooking & unhooking loads. Customer agrees to provide competent & qualified signal persons to direct TEFCO’s equipment operators. TEFCO’s work does not include rigging, signaling, hooking or unhooking the loads (except where & to the extent TEFCO’s employees or designated subcontractors are used as agreed in writing by the parties hereto).

TITLE Any equipment used to perform the scope shall remain the property of TEFCO. Customer shall keep the equipment free from liens, encumbrances & claims whatsoever, & shall not perform or permit any act that may encumber or impair TEFCO’s title or rights in the equipment. Upon TEFCO’s request, Customer shall promptly execute &/or deliver to TEFCO all documentation (such as estoppel certificates or a landlord waiver), as TEFCO deems necessary or appropriate for the preservation, perfection or enforcement of TEFCO’s interests in the Equipment & TEFCO’s rights under this budget proposal, & if Customer fails to do so, TEFCO may execute such documents on Customer’s behalf & in Customer’s name.

INDEMNIFICATION To the fullest extent permitted by law, Contractor agrees to indemnify, defend, and save TEFCO, its employees and agents harmless from all claims for death or injury to persons, including TEFCO’s employees, for all loss, damage or injury to property, including the Equipment, arising directly, indirectly, or in any manner out of Contractor’s work, use, operation, handling, transportation of the Equipment, and possession of the Equipment. Contractor’s duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Contractor shall be required to indemnify TEFCO for TEFCO’s own negligence or fault, whether the negligence or fault of the TEFCO be direct, indirect or derivative in nature and whether the damages claimed are caused in whole or in part by the acts, errors or omissions of the TEFCO or its employees and agents. However, the indemnification above shall not be limited in any way by any limitation on the type of damage, compensation or benefits payable by or for the Contractor under workers’ compensation acts, disability benefits acts, or other employee benefits acts. If this Crane Rental Subcontract is for the performance of work on a public project, Contractor’s indemnification obligations are further limited by FL ST §725.06(2) and (3). Specifically, on public projects Contractor shall only indemnify, hold harmless and defend TEFCO and its employees and agents from liabilities, damages, losses, and costs, including but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness or intentional wrong misconduct of Contractor and persons employed or utilized by Contractor in the performance of the public project. The Contractor’s obligations hereunder shall further not be limited by the amount of its liability insurance and the providing of such insurance for TEFCO shall not operate to waive any of the above obligations. Pursuant to the provisions of FL ST § 725.06 the parties hereby agree that the indemnification obligations of the above paragraph are limited to the amount of $5,000,000. The parties hereby further agree that this limitation bears a commercially reasonable relationship to the contract and is incorporated as part of the project specifications or bid documents, if any, and further, that the amounts of the indemnification limitation specified herein bear a commercially reasonable relationship to the contract in light of the risks to person and property which may arise from or relate to the project and work contemplated by this agreement. TEFCO and Contractor expressly acknowledge and agree that these indemnification provisions pertain only to claimed damages arising from this contract or its performance and, also, that these provisions shall not require Contractor to indemnify TEFCO for damages to persons or property caused in whole or in part by any act, error, or omission of a party other than: (a) Contractor; (b) Contractor’s Contractors, sub-Contractors, sub-sub-Contractors, materialmen or agents or any tier or their respective employees; or (c) the TEFCO or its officers, directors, agents or employees; provided, however, such indemnification shall not include claims of, or damages resulting from, gross negligence or willful, wanton, or intentional misconduct of the TEFCO or its officers, directors, agents or employees, or for statutory violations or punitive damages, except and to the extent the statutory violations and punitive damages are caused by or result from the acts, errors or omissions of the Contractor or any of Contractor’s Contractors, sub-Contractors, sub-sub Contractor’s, materialmen. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or the providing of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand.

NO WARRANTIES TEFCO expressly disclaims any & all express & implied warranties as to the equipment, including any warranty of merchantability, or fitness for a particular purpose, TEFCO shall not be liable for any incidental or consequential damages relating to the possession, transport, use, operation, control, maintenance &/or repair of the equipment, or any loss, damage or injury resulting therefrom.

PAYMENT All payments required hereunder are COD shall be due in full upon billing, without any retention, unless negotiated otherwise. Payment from customer is not contingent upon payment to customer from other firms. In addition to the rates described in this budget proposal &/or shown on the face of the Service Agreement &/or in TEFCO rental agreement(s), Customer shall pay the following arising in connection with this budget proposal.
a. All delays, demurrage, storage, switching, & drayage;
b. All taxes, levies, assessment, fees & other public charges assessed as a result of this budget proposal, including tangible personal property taxes if applicable;
c. All judgments, awards, fines, penalties, forfeitures, court costs, expenses, attorneys’ fees (unless prohibited by law) incurred by TEFCO in accordance with TITLE above;
d. TEFCO’s costs & expenses including reasonable attorney’s fees (unless prohibited by law) incurred in enforcing this budget proposal &/or collecting any amounts due hereunder;
e. In the event of an incident or circumstance (including an accident) resulting in damage to the equipment arising from the acts, omissions, misfeasance or malfeasance of Customer, including, but not limited to Customer’s employees, agents, representatives, subcontractors or independent contractors, Customer shall be responsible for costs of repairs & related expenses, all consequential losses including, but not limited to loss of use of equipment, loss of profits & all reasonable attorney fees incurred in recovering such damages. Any payments more than 30 days past due hereunder shall bear interest at the rate of 1.5% per month (or the maximum amount allowed by law whichever is higher);
f. Marine services require a minimum of 50% payment upon agreement. Remaining 50% payment due prior to departure;
g. Budget proposals offered for work occurring outside of the United States of America (USA) shall require a deposit in advance. This deposit will be equal to or greater than the value of the equipment to be utilized outside of the USA plus 50% of the anticipated value of the overall scope of work; and
h. Convenience fee of 3% charged to all credit card payments.

LIEN RIGHTS TEFCO does not waive any lien rights. Customer agrees to providing all information relative to Notice to Owner.

ACTUAL WEIGHT/DIMENSIONS/CENTER OF GRAVITY (CG) OF OBJECT Customer will be solely responsible for determining the actual weight/dimensions/CG of any object they intend to lift/haul/move while using the services of TEFCO. Unless the parties agree otherwise and the same is put in writing and signed by both parties, TEFCO owes no duty whatsoever to Customer in calculating the actual weight/dimensions/CG of any object which Customer intends to lift/haul/move. When the actual or estimated weight/dimensions/CG of any object to be lifted/hauled/moved is provided to TEFCO from either the Customer, its agent, a representative, officer, director, affiliate or employee of Customer and TEFCO provides Customer the requested personnel, equipment and materials to perform the lift/haul/move based on the weight/dimensions/CG represented and its determined by TEFCO during the lifting/hauling/moving process that the represented weight/dimensions/CG are incorrect and the same will exceed the equipment’s capacity then before proceeding any further the Customer agrees to immediately indemnify and pay TEFCO in full, utilizing TEFCO’s standard commercial rates, for any and all costs, expenses, demurrage and overtime that were incurred for the personnel, equipment, and materials that were either used, mobilized, or on stand-by during the Customers scheduled lift/haul/move.

JURY WAIVER UNLESS PROHIBITED BV LAW, TEFCO & CUSTOMER EACH KNOWINGLV, UNCONDITIONALLV, & IRREVOCABLV WAIVE TRIAL BY JURY WITH RESPECT TO ANY ACTION, CLAIM, SUIT OR PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, IN RESPECT OF, ARISING OUT OF, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM (OR AS TO ANY THIRD PARTIES) IN CONNECTION WITH THIS AGREEMENT, ANY OTHER DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, OR THE PARTIES’ CONDUCT.

ASSIGNMENT OR TRANSFER This is a personal services agreement that neither TEFCO nor Customer may assign or transfer to a third party without the combined prior written consent of both parties hereto (which consent may be withheld for any reason). Any such consent shall not release Customer from any obligations under this budget proposal.

EXCUSE OF PERFORMANCE Any prevention, delay or stoppage due to weather or ground conditions, strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefor, governmental action, domestic or foreign, riot, civil commotion, fire or other causes beyond the reasonable control of TEFCO shall excuse TEFCO performance of its obligations hereunder for a period of time equal to the duration of such event, prevention, delay, or stoppage provided the necessary equipment & personnel are available after said period. It is expressly agreed that TEFCO shall not be liable to CUSTOMER or to any person, firm or corporation for any delay or loss of materials by reason of shutdown or failure of equipment. If TEFCO is prevented from performing the work specified on account of weather, ground or other conditions beyond TEFCO control, CUSTOMER agrees to pay TEFCO regular hourly charge for labor & equipment during such delays.

STRUCTURAL INTEGRITY Customer assumes all responsibility & liability to ensure the adequacy of the design & strength of any item to be lifted, jacked or transported, including lifting lug or device embedded in or attached to any object, & free of any & all rigging or lifting apparatus failures or defects (even if such rigging or lifting apparatus is supplied by TEFCO to Customer), support point or tie-down point.

FULL AGREEMENT GOVERNING LAW; WAIVER; SEVERABILITY This quotation, in conjunction with the Service &/or Rental Agreement constitutes the full agreement between TEFCO & Customer. Any changes to this quotation must be in writing signed by TEFCO & Customer. No conduct by either party to this budget proposal shall be deemed a modification of this budget proposal. This budget proposal, if accepted, shall be binding upon & inure to the benefit of the parties hereto & their respective successors & permissible assigns. The laws of the state of Florida shall govern this budget proposal. Headings are provided for convenience only, & not for interpretation of this budget proposal. TEFCO & Customer are independent contractors & Customer shall not be deemed to be the agent, servant or employee of TEFCO for any reason or purpose. No failure of TEFCO to enforce performance of any terms or covenants, or failure to exercise or delay in exercising any right under this budget proposal shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. If any provision of this quotation is held to be invalid or illegal by a court of competent jurisdiction, the invalid or illegal term will be deemed excluded from this quotation & will not invalidate the remaining terms of this quotation.

AUTHORIZED SIGNATURE In the event this Agreement has been executed by an individual on behalf of Contractor, the person whose signature is affixed hereto and the Contractor for which the individual has signed this Agreement represent the Company that the individual signing has full actual authority to execute this agreement on behalf of and for Contractor.