GFP MOBILE MIX SUPPLY LLC TERMS AND CONDITIONS OF CONTRACT
1. GFP Mobile Mix Supply LLC (“GFP”) provides certain pumping equipment (Equipment) and operating personnel and related services to the applicable customer or contractor (“Customer”), subject to the following terms and conditions:
2. ENTIRE AGREEMENT. This document shall (i) constitute the entire agreement of the parties and supersedes all other written or oral agreements or understandings and (ii) be governed and construed in accordance with the laws of the state wherein the work was performed. The rental period shall commence upon either (iii) the performance of GFP’s obligations or (iv) the signed acceptance of this invoice by the Customer’s representative and shall terminate upon full performance and observance by both GFP and Customer.
3. DEFENSE, INDEMNIFICATION, AND HOLD HARMLESS. To the fullest extent permitted by applicable law, customer shall defend, indemnify, and hold harmless gfp and its officers, directors, shareholders, partners, members, managers, employees, affiliates, representatives and agents (the “indemnitees”) from any and all actions, causes of action, claims, suits, demand investigations, obligations, judgments, losses, costs, liabilities, damages, fines, penalties and expenses, including attorney’s fees, which are incurred by, accrued, asserted, made or brought against, or recoverable from any of the indemnitees arising from or out of or relating to, directly or indirectly, the customer’s acceptance, possession, transport, use, operation, control of the equipment, or return of the equipment whether or not the same arises from damage to property (real or personal), injury or death to persons (including but not limited to customer’s employees, agents and representatives), failure to comply with applicable laws, regulations or ordinances, the equipment condition, the loss of use or seizure of the equipment, or otherwise or any other action or failure to act by the customer, their agents, contractors, affiliates, or employees; and/or any claims of third parties against customer, their agents, contractors, affiliates. Customer expressly agrees to waive any workers’ compensation immunity it may otherwise have. Customers’ obligation to indemnify the indemnitees shall survive the termination of this lease. In jurisdictions in which the indemnification provided for in this section is broader than that allowed by applicable law, this section should be interpreted as providing the broadest indemnification permitted and should be limited only to the extent necessary to comply with said law. This indemnification provision does not negate, abridge, or reduce any other rights.
4. INSURANCE. The Customer agrees to provide the following insurance coverages prior to the Equipment’s arrival on the job site. The Customer shall provide the following coverages for GFP’s protection: a) Workers’ compensation and employer’s liability insurance applicable to Customer’s employees, with limits of at least the statutory minimum or $2,000,000, whichever is greater b) Primary non-contributory commercial general liability (CGL) insurance and automobile liability insurance (Auto), including bodily injury and property damage coverages, with minimum limits of $2,000,000 per occurrence and $4,000,000 in the aggregate for CGL, and $2,000,000 per occurrence for Auto Liability c) Excess/umbrella non-contributory insurance in the amount of at least $10,000,000 per occurrence and $10,000,000 aggregate. Customer’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of GFP’s insurance policies, and GFP’s policies shall be excess to Customer’s policies d) Inland marine/all-risk physical damage insurance, on a primary non-contributory basis, 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, theft, flood, explosion, overturn, accident, and acts of God occurring during the rental term e) All policies are to be written by insurance companies acceptable to GFP f) GFP and all affiliated partnerships, joint ventures, corporations and anyone else who GFP is required to name as an additional insured, are to be included as additionally insured on all liability insurance policies, including excess/umbrella policies. ISO Forms CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, and CG 20 34 03 97 must be used for the purpose of including GFP and the foregoing affiliated parties as additional insureds. Customer shall name GFP as a Loss Payee on all insurance policies. Customers shall provide all insurance certificates and/or insurance policies to GFP when requested g) All policies shall be endorsed to require the insurer to give thirty (30) days advance notice to all insureds prior to cancellation h) All of GFP’s policies, and the policies of anyone GFP is required to insure, are excess over all of Customer’s policies. In the event of loss, proceeds of property damage insurance on the Equipment shall be made payable to GFP. Customers’ agreements to indemnify and hold GFP harmless from any liability, damage, and loss are in addition to, and not an alternative to, these insurance provisions, and the providing of any of the above coverages shall not operate to waive any of the above indemnity provisions. To the extent that the Customer may perform under this lease without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the GFP’s right to maintain any breach of contract action against the Customer. Customer hereby agrees to waive any and all rights of subrogation and any and all lien rights (including those arising from workers’ compensation/employer’s liability policies or other employee benefit programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and lien rights. The Customer understands that this waiver shall bind its insurers of all levels and agrees to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this lease.
5. RELEASE. Customer hereby releases GFP from and waives any and all claims and rights against GFP arising out of or related in any way to any damage to property, including any materials supplied, including concrete mix or other products or to be supplied by GFP or any Customer for incorporation into the real estate or property at the Project. Customer understands and agrees that GFP is not supplying any mix that will be incorporated into the real estate or property at the project. This release and waiver include any environmental contamination of such property, arising out of or occurring in connection with the supplying of the equipment in this agreement. GFP shall not be liable to Customer for loss of anticipated profits or for any special, indirect, punitive, or consequential damages resulting from or arising out of, or occurring in connection with this Agreement, any Service Order, and/or performance under this Agreement, however same may be caused.
6. HOSE WHIPPING. The Customer shall indemnify and hold harmless the GFP and all its agents and employees from and against all claims, damages, losses, expenses, including attorneys’ fees, arising out of or resulting from the actions caused by concrete hose whipping. Customer understands and acknowledges that pumping of concrete can result in hose whipping, and Customer fully assumes this risk. OPERATION OF EQUIPMENT. It is expressly agreed by and between the parties hereto that the Equipment and all persons operating the Equipment are under the exclusive jurisdiction, supervision, and control of Customer under this agreement. It shall be the duty of the Customer to give specific instructions and directions to all persons operating the Equipment. Customer agrees to provide or otherwise select competent and experienced personnel to direct the operation of the Equipment, and further agrees that the standard of care and responsibilities will be in accordance with all National Standards and American National Standards Institute (ANSI) specifications and that ASME B30.27-2019 (and as amended) shall be used when operating the Equipment. Customer warrants that it will operate equipment in accordance with the manufacturer’s instructions. Customer specifically agrees that the GFP has absolutely no control over any person operating or assisting in operating the Equipment. This agreement shall be interpreted according to the laws of the GFP’s location stated on the front page. Customer agrees that it will be obligated to reimburse GFP for any expenses GFP incurs to repair or replace the Equipment because of damage to the Equipment caused by exposure to or contact with fire and/or chemicals at Customer’s job site.
7. CUSTOMER’S JOB SITE RESPONSIBILITIES. Customer shall be responsible for the following: (a) Providing a pumpable concrete mix. Customer shall indemnify GFP and hold GFP harmless from and against all claims, losses, liabilities, damages, and expenses, including attorneys’ fees, which may arise from improperly batched, mixed, or delivered concrete or poorly graded materials or any admixtures detrimental to pumping (b) Providing reasonable scheduling of concrete delivery and labor for setup and operation (c) Providing a suitable place for on-site cleanup and wash-down (d) Providing safe and reasonable access to and from the job site (e) Providing labor for erection, dismantling, hoisting, and cleanup of the placement system (f) Securing all required permits, easements, or licenses (g) Assuming responsibility for pump removal if additional equipment is needed due to site conditions (h) Notifying GFP in advance of schedule changes
8. GROUND CONDITIONS. Customer assumes all responsibility for ground or soil conditions where the Equipment is stored, parked, or operated, including ensuring the ground can support the Equipment and meets required bearing pressure standards.
9. ACCESS. GFP accepts no liability for damage to surfaces such as parking lots, roads, or underground utilities caused by Equipment access.
10. DELAYS, STOPPAGES, AND BACKCHARGES. No back charges shall be charged against GFP for delays or stoppages resulting from customer responsibilities, unpumpable mixes, certain equipment failures, weather, or other uncontrollable conditions. GFP will not accept back charges exceeding $3,000 per occurrence and must be allowed a 2-hour recovery period. Backup pumps are recommended for large pours.
11. NOTICE AND WAIVER. Claims for damages must be made in writing within seven (7) days or are deemed waived.
12. TERMS OF PAYMENT. Payment is due Net 30 days unless otherwise agreed. Late payments incur interest at the greater of the maximum legal rate or 1.5% per month, plus collection costs. A 3% fee applies to credit card payments. GFP may require advance payment.
13. LIMITATION OF WARRANTIES. Equipment is selected by the Customer. GFP makes no warranties regarding condition, quality, durability, or suitability. GFP is not liable for any damages related to Equipment use.