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Rain For Rent City of Pleasanton
<br /> Sales Rep:Garrett Johnson Account:132746
<br /> Proposal: 1045-IND-2082883 C
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<br /> Quote Agreement C
<br /> If Customer has entered into a Master Service Agreement with Rain for Rent and there is a conflict between these terms and conditions of this Quotation Agreement and the Customer's Master Service
<br /> Agreement,then the terms and conditions in the Customer's Master Service Agreement signed by Rain for Rent will prevail.Availability of products and services is subject to change without notice.
<br /> Payment terms are net 30 days from invoice date.Interest at the rate of 18%per year shall be charged on any past due invoice.A Fuel Surcharge will be calculated and invoiced based on the diesel fuel
<br /> price as published by the Department of Energy on https://www.eia.gov/petroleum/gasdiesel An Environmental Recovery Fee shall apply to all rental charges invoiced for the duration of the rental
<br /> pursuant to this quote/Estimate to help offset direct and indirect costs associated with regulatory compliance,obtaining permits,and obtaining licenses.California Air Quality Fee will be added to the cost
<br /> of diesel pumps used in California only.This is a State mandated fee.Customer is prohibited from deducting retention from Rain for Rent invoices and charging Rain for Rent liquidated damages.Customer
<br /> is responsible for flushing and cleaning tanks,roll off boxes,pipelines,pumps,filters and other Rain for Rent equipment prior to return unless specifically agreed to by both parties in writing.The Terms nal
<br /> and Conditions of the Rain For Rent Rental and Hazardous Material and/or Non-Hazardous Waste Agreement,Credit Application/Master Rental&Sales Agreement,Invoice and this Quotation(also known
<br /> as the Rain for Rent Rental/Sale Estimate as may be referenced in any Master Service Agreement,Blanket Purchase Order,or any other contractual document executed between the parties)contain the
<br /> complete and final agreement between Rain for Rent and Customer and no other agreement in any way modifying or adding to any of said Terms and Conditions will be binding upon Rain for Rent unless
<br /> made in writing and signed by a Rain for Rent Corporate Officer or Rain for Rent authorized representative.The Customer cannot alter the equipment without Rain for Rent's prior written approval.
<br /> Customer is responsible for equipment,repairs,maintenance and damage,excluding normal wear and tear or damage caused by Rain for Rent.Rain for Rent will service all engine driven equipment at a
<br /> frequency of 400 hours of runtime.This is a billable event;pricing of labor and parts are subject to current market conditions.All returned equipment is subject to inspection by Rain for Rent personnel.
<br /> Damages and accrued rent will be invoiced to Customer while equipment is out of service for repairs.The Customer is responsible for damage caused by reactive,corrosive or abrasive material;including,
<br /> but not limited to sand,sodium hydroxide,chlorine,and acids.Customer must notify Rain for Rent immediately of any spill so that any necessary repairs to the system can be made and to minimize
<br /> service interruption.The Customer assumes all risks of loss due to operation and use of the equipment.Customer will provide"all risk"property insurance for rented equipment.Customer shall pay Rain
<br /> for Rent additional expenses caused by unforeseen or changing conditions,including,but not limited to,soil,underground conditions,rock formations,environmental conditions,weather events,
<br /> regulations or restrictions,hard pan,boulders,cesspools,gas lines,waterlines,drain pipes,underground electrical conduits or other above ground or underground obstructions.All equipment rented or
<br /> used products sold are provided"AS IS,WHERE IS"in their present condition.Rain for Rent makes no warranties,expressed or implied of any kind whatsoever with respect to the equipment or products.
<br /> Sold equipment is not to be rented.Customer agrees that customer is renting equipment or purchasing used products based on their judgment and evaluation,without reliance upon any statements of
<br /> representations by Rain for Rent,and that Rain for Rent is not responsible for any defects in their operation or for any repairs,parts or services,unless otherwise noted.All new products sold are provided
<br /> without warranty beyond the terms of such warranty offered by the manufacturer,if any.Customer must comply with all original manufacturer's terms and conditions for any warranty claims that may
<br /> arise.Neither Rain for Rent nor the manufacturer warranties the product if it has failed due to corrosion,misuse or damage;(2)It has been altered,repaired or modified in any way that would adversely
<br /> affect its operation;or(3)it was installed or operated other than in accordance with manufacturer's operating instructions.Products supplied by Rain for Rent are warranted to be free from any defect in
<br /> workmanship and material under conditions of normal use and service.Rain for Rent's obligation under this warranty is limited to replacing or repairing at the designated manufacturer's or Rain for Rent
<br /> facility any part or parts returned to it with transportation charges prepaid,which Rain for Rent determines in its sole discretion to be defective.This Quotation excludes any additional costs to Rain for
<br /> Rent associated with Owner Controlled Insurance(OOP)or WRAP insurance programs that will be added to Rain for Rent's prices.De-watering,Roll-off,Vacuum boxes and similar equipment are not liquid
<br /> tight.Rentee accepts full responsibility for all losses,damages and costs caused by or arising out of spills,leakage or discharge from this equipment.Rain for Rent will not be held liable for any structural or
<br /> soils subsidence.This Quotation is valid for 30 days and is subject to credit approval.Rain for Rent will take every effort to protect our customers and employees.Due to the current pandemic,all quoted
<br /> equipment and services are subject to delay,change,or unilateral cancelation by Rain for Rent.Please be assured every effort will be made to execute the quote as written.The customer is responsible to
<br /> inform Rain for Rent of any jobsite hazards,precautions,or entry requirements relating to the Corona Virus prior to Rain for Rent personnel going onsite to perform work or deliver equipment.This
<br /> includes informing Rain for Rent if anyone at the jobsite has tested positive and provide a list of actions taken to protect Rain for Rent personnel.
<br /> Rental Protection Plan Program Agreement
<br /> If you elect to maintain All Risk Property Insurance coverage,and the certificate of insurance You provide to Rain for Rent to evidence Your insurance coverage expires or is cancelled for any reason,You
<br /> agree Rain for Rent may charge RPP for Your rentals until such time as You provide an acceptable and valid certificate of insurance to Rain for Rent.This Rental Protection Plan Program Agreement(this
<br /> "RPP Agreement")is entered into between the undersigned Rentor and Rentee in relation to the Master Rental and Sales Agreement(MRSA)between Rentor and Rentee.If Rentee has checked or
<br /> initialed,as applicable,the Rental Protection Plan Program(the"RPP Program")box on the quote,then Rentee has opted-in to the RPP Program and this RPPP Agreement shall supplement the MSRA
<br /> whether or not executed by Rentee.Rentee understands and agrees that the RPP Program is not insurance and that the RPP Program provides only limited coverage,as described below.l.Cost;
<br /> Deductible;Maximum Coverage;Rentee shall pay a fee equal to 15 percent(15%)of the rental charge for each covered item,which fee shall be listed on each invoice during which period Rentee has
<br /> opted to participate in the RPP Program.In the event of a Covered Occurrence,as defined below,Rentee shall further be responsible for the lesser of$500 or 10 percent(10%)of the total loss,as a
<br /> deductible. The maximum coverage available under the RPP Program is $150,000 per Covered Occurrence, whether or not there is more than one piece of equipment involved in the
<br /> occurrence.2.Coverage;The RPP Program provides coverage only for losses involving Covered Equipment,as defined below,in the following instances:fire that was not caused by Rentee's gross negligence
<br /> or willful misconduct;theft for which a police report was filed,and that occurred despite Rentee's reasonable precautions to protect and secure the covered equipment;and vandalism for which a police
<br /> report was filed(individually,"Covered Occurrence,"and collectively,"Covered Occurrence").The RPP Program provides coverage only for the following types of equipment:pumps,electric submersible
<br /> pumps,tanks,generators,light towers,filtration,boxes,heaters,spillguards,safety products,sprinklers,hoses,pipe,valves and fittings("Covered Equipment").Coverage does not extend to any
<br /> equipment not owned by Rentor such as re-rented equipment.3.Exclusions;The RPP program does not cover any equipment or event of loss that is not specifically described in Section 2.Without limiting
<br /> the foregoing,the RPP Program does not provide coverage for the following:misuse of equipment;willful abuse of equipment;failure to maintain equipment;failure to secure items from theft(including
<br /> but not limited to failing to store items in a fenced,locked area or failing to maintain personnel on site);damage or theft while in transit to or from a jobsite;corrosion from any source;any damage caused
<br /> by named storm events;any instance that occurs while the account is not in good standing,such as a default as defined in the MRSA or upon written notice of non-payment;and any occurrence not r
<br /> reported to Rentor within 24 hours after the occurrence.The RPP program does not provide coverage for:electronic equipment(controls,instrumentation,and wiring),flow meters,water meters,wheel
<br /> wash systems&accessories,Freezesentry items,or tires.4.Claims;All claims must be submitted within 24 hours of the Covered Occurrence.Rentor's mechanic will inspect the equipment following any
<br /> claim.The mechanic's findings as to the cause of the damage and cost of repair will be final.In the event of a theft or vandalism,Rentee must also provide supporting evidence that the site was secured at
<br /> the time of loss.
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<br /> Proposal Number 1045-IND-2082883 Confidentiality Notice:This proposal and any associated document(s)are privileged and confidential and are intended for the sole use of the Page 8 of 8
<br /> addressee(s).They cannot be used,circulated,duplicated,quoted,or otherwise referred to or disclosed to third parties for any reason without the written consent of an Officer of i
<br /> Western Oilfields Supply Company dba/Rain for Rent.If you have received this information in error,please immediately contact us at info@rainfonent.com.
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