Terms & Conditions

FENCING EQUIPMENT Lease Terms & Conditions

This Lease Agreement shall apply to any Order between Williams Scotsman, Inc. and/or any affiliate (“Lessor”) and [LESSEE NAME] (“Lessee”) for any Fencing Equipment as defined below (“Agreement”). This Agreement and any Order governs Lessee’s use of Lessor’s Fencing Equipment.  By (1) signing this Agreement, (2) executing an Order that references this Agreement, (3) taking delivery of the Fencing Equipment, or (4) other commercially acceptable methods of acceptance, Lessee agrees to the terms of this Agreement.

Definitions

1. “Delivery Date” shall be defined as the date the Fencing Equipment was physically delivered. Within 48 hours of delivery, Lessee shall inspect the Fencing Equipment and notify Lessor in writing of any defects. Lessee must contact Lessor to relocate any Fencing Equipment and obtain Lessor’s written consent prior to doing so. Lessee shall pay Lessor’s relocation rates if the Fencing Equipment is moved without Lessor’s written consent. Lessee acknowledges that delivery of Fencing Equipment may be in parts and not all at once.
2. “Fencing Equipment” means fencing products leased from Lessor, which include ancillary products and essentials, and any additional products or services available for Lease from Lessor at the time of an Order.
3. “Lease” is defined as any Order for the Lease of Fencing Equipment by Lessee from Lessor.
4. “Lease Term” shall be defined as the Minimum Lease Term as set forth in the Quote.
5. “Lessee” means in the case of an individual accepting this Agreement on his or her own behalf, such individual, or in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting this Agreement, and affiliates of that company or entity (for so long as they remain affiliates), which have entered into an Order.
6. “Order” means a WillScot document or online Order forming an individual Lease, specifying the Fencing Equipment to be provided hereunder that is entered into between Lessee and Lessor or any of their affiliates, including any addenda and supplements thereto. By entering into an Order hereunder, the Lessee or it’s affiliate agree to be bound by the terms of this Agreement as if it were an original party hereto.

Lessee is responsible for all site conditions, use permits, and applicable Fees, and maintains sole responsibility for site selection, a firm and unobstructed space and prepared prior to Fencing Equipment Delivery.  Customer acknowledges that should the Fencing Equipment require a driven post, Customer shall have the sole responsibility to mark the fence line to have an underground utility locate completed and shall notify Company upon completion and name Company on the paperwork. Damaged or missing Fencing Equipment shall be billed per linear foot and/or item. Customer shall be responsible for charges if damaged Fencing Equipment requires removal and reinstallation.

Lessee is responsible to inspect and maintain the Fencing Equipment in good condition and return the Fencing Equipment in substantially similar condition as at the time of installation, normal wear and tear accepted.  Lessee shall use the Fencing Equipment in accordance with and be responsible for all maintenance as set forth in the Williams Scotsman Service Guide and/or any instructions contained in or on the Fencing Equipment. Any repairs will be subject to additional trip, labor and parts charges, unless the repairs are due to Lessor’s negligence. Customer shall keep the fence line free of vegetation and snow. Customer shall clear all vegetation, growth or snow prior to delivery and removal.

Lessee shall maintain commercially reasonable insurance limits covering the Fencing Equipment’s replacement cost.

Lessee shall provide no less than 7 days’ prior notice to schedule a pick-up date for the Fencing Equipment.  Lessor shall not prorate any fraction of a Billing Cycle.

Lessee shall not move the Fencing Equipment or reconfigure the Fencing Equipment. Upon return, Lessee agrees to pay for all reasonable charges for cleaning, repair, and any damage beyond ordinary wear and tear.

LESSOR MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE AND LESSEE AGREES THAT IT HAS SOLELY DETERMINED THAT THE FENCING EQUIPMENT ARE SUITABLE FOR LESSEE’S INTENDED USE. LESSEE LEASES THE FENCING EQUIPMENT “AS IS, WITH ALL FAULTS.”

Each Party agrees to defend, indemnify, and hold the other harmless for any third-party claim arising from the alleged conduct of the other Party under this Agreement. Neither Party shall be liable to the other Party for any special, punitive, exemplary, indirect or consequential damages, losses or damages for lost revenues or profits whether foreseeable or not, arising out of, or in connection with this Agreement.

This Agreement shall supersede and replace all prior documents and agreements between the Parties.

Lessee shall be solely liable for any and all applicable sales and use, lease or rental, excise, gross receipts, transaction privilege, value-added, goods and services, or similar transactional tax, levy duty or assessment imposed by a taxing authority (“Taxes”).  Lessee shall pay or shall reimburse Lessor for any Taxes related to the Fencing Equipment.

Lessee’s failure to make timely payments, filing of bankruptcy, abandonment of the Fencing Equipment or other failure to comply with this Agreement is a default, allowing Lessor to immediately terminate this Agreement, at which time Lessor has the right to pick-up and remove the Fencing Equipment upon reasonable notice or as required by law.

Lessee shall be solely liable for any and all applicable pass-through charges for costs associated with the Fencing Equipment including, but not limited to, ad valorem, real property, and ownership tax/personal property taxes, and any other expenses and/or third-party Fees associated with the Fencing Equipment (“Fees”).

Except as otherwise stated herein, Lessor may amend the terms and conditions of this Agreement, and such amended terms shall be effective thirty (30) days after notice is provided to Lessee. If Lessee does not object in writing to such amended terms before their effective date, such terms shall be deemed accepted. Lessee may not amend or assign this Agreement unless agreed to in writing by Lessor. Lessee may not sublet the Fencing Equipment subject to this Agreement unless agreed to in writing by Lessor.

Lessee acknowledges this is a Lease, and that ownership and title of any Fencing Equipment remains with Lessor, and Lessee has no right to ownership or to transfer or sell the Fencing Equipment.

In the event of any dispute over this Agreement, the Parties agree to waive a trial by jury and that venue shall be in the County or Parish where the Fencing Equipment was originally delivered.

To the extent permitted by applicable law, Lessee irrevocably and unconditionally authorizes Lessor to charge all amounts due under this Agreement to any credit card provided by Lessee.

Force Majeure. Neither Party shall be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil disturbance, government regulations, natural disasters, strikes, lockouts, or other labor disputes, federal, state or provincial state of emergency or similar declaration, or any other cause beyond the reasonable control of the affected party.

Customer acknowledges that partial Fencing Equipment pick-ups and/or replacement will incur additional charges quoted at the time of that request. Replacement may require a new quote.

Customer shall, at the time of requesting any quote from Company, provide notice to company if the requested quote requires prevailing wages or union labor. The failure to do so, may result in an updated quote with a price increase. At the time of requesting any quote from Company, Customer shall provide Company any project specific worker training or screening requirements.

If Customer has elected not to rent the optional fence bracing, Customer understands that Fencing Equipment replacement or repair for any reason will require additional charges.

Billing & Payment Terms:

Lessor reserves the right to request Payment in advance of the Delivery Date, and Lessee may be required to make payment in advance to secure its performance of this Lease.  Advance payments may include initial, final and/or recurring charges and will be applied to applicable invoices. Lessor reserves the right to charge an administrative fee for special billing requests.

Upon expiration of the Lease Term, this Lease will automatically roll over to and be billed on a Billing Cycle to Billing Cycle basis. Lessee must provide notice of their intent to terminate the Lease and request removal of the Fencing Equipment. Billing Cycle invoices will be generated on a 28-day Billing Cycle, in advance, with payment due no later than 10 days after invoice issuance.

AMOUNTS UNPAID WHEN DUE SHALL BE CHARGED INTEREST OF UP TO 1½% PER BILLING CYCLE OF THE UNPAID AMOUNT FOR THE PERIOD UNPAID, AND AN ADMINISTRATIVE CHARGE PER BILLING CYCLE THE INVOICE REMAINS UNPAID. 

Initial Invoice Charges may include first and last Billing Cycle charges, delivery and installation charges, estimated charges for pick-up, teardown and Equipment removal, as well as any fuel surcharges. Final charges for pick-up, teardown and Equipment removal will be finalized at the time of pick-up based on existing site conditions, labor rates or other conditions. Upon the expiration of the Minimum Lease Term, the Lessor may make changes to the Lease rate, pick-up, teardown, removal, fuel surcharges and/or other charges.

The Initial Invoice will be issued on the earlier of the confirmation date or Delivery Date. In the event Lessee requests a delay to the delivery, as agreed to in the Confirmation, the Initial Invoice will be issued solely for the Fencing Equipment lease charges and a Storage Fee equal to 50% of the Lease, and all remaining Initial Invoice Charges will be invoiced on the Delivery Date. 

ALL QUOTES FOR FENCING EQUIPMENT ARE BASED ON THE ESTIMATED REQUIRED LINEAR FEET. THE ACTUAL NUMBER OF LINEAR FEET WILL BE DETERMINED AT THE TIME OF INSTALLATION AND BILLED ACCORDINGLY.

CUSTOMER:   

Signature: _________________________________

Printed Name: ______________________________

Title: _____________________________________

Date: _______________

Williams Scotsman, Inc.

Signature: _________________________________

Printed Name: ______________________________

Title: _____________________________________

Date: _______________