TERMS AND CONDITIONS OF CONTRACT (KY, MO)
For purposes of these Terms and Conditions, HOOK 4 HIRE LLC., is called “Crane Company” and the Customer referred to on the reverse side is called “Customer”. The Subcontractor hired by Customer to work in conjunction with Crane Company is hereinafter referred to as “Subcontractor”. Crane Company, Customer and Subcontractor agree as follows:
1. INDEMNIFICATION – In consideration of and in exchange for the use of Crane Company’s Equipment for the purposes of lifting and/or hoisting materials or property, to the fullest extent permitted by law, Customer and/or Subcontractor agree to indemnify, hold harmless and defend Crane Company, its employees and agents from claims for death or injury to persons, including Crane Company’s employees, for loss, damage or injury to property, including the Equipment, arising in any manner out of Customer’s and/or Subcontractor’s work and/or use of the Equipment and operator. Customer’s and/or Subcontractor’s duty to indemnify hereunder shall include costs or expenses arising out of claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Customer and/or Subcontractor shall not be required to indemnify Crane Company for Crane Company’s own negligence. However, the indemnification obligation under the above paragraph shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Customer and/or Subcontractor under worker’s compensation acts, disability benefit acts, or other employee benefit acts. The Customer’s and/or Subcontractor’s obligations hereunder shall further not be limited by the amount of its liability insurance, and the providing of such insurance for Crane Company shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and 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. Furthermore, as part of Customer’s and/or Subcontractor’s additional obligations hereunder, Customer and/or Subcontractor shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the equipment, and costs of testing of property, equipment, or other items) initiated by the Crane Company, Crane Company’s insurance carriers or Crane Company’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.
2. INSURANCE – The Customer and/or Subcontractor agree to carry and maintain the following insurance coverages prior to the Equipment’s arrival on the job site; a) worker’s compensation and employer’s liability insurance applicable to Customer’s employees and/or the employees of Subcontractor, with limits of at least the statutory minimum; b) commercial general liability insurance on an occurrence basis,; c) follow form excess/umbrella liability insurance; said primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of Crane Company’s policies; d) inland marine/all-risk physical damage insurance, on a primary non-contributory basis, to cover the full replacement cost of the Equipment, including any boom or jib, for its loss or damage from any and all causes of loss; e) the Crane Company and all affiliated partnerships, joint ventures, corporations and anyone else who Crane Company is required to name as an additional insured, are to be included as additional insureds on all liability insurance policies, including excess/umbrella policies on ISO endorsement forms CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, and CG 20 34 03 97. Customer and/or Subcontractor shall name Crane Company as a Loss Payee on all insurance policies, and Customer and/or Subcontractor shall provide all insurance certificates and/or insurance policies to Crane Company when requested; f) all of Crane Company’s policies and the policies of anyone Crane Company is required to insure, are excess over all of Customer’s and Subcontractor’s policies. To the extent that the Customer and/or Subcontractor may perform under this agreement without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the Crane Company’s right to maintain any breach of contract action against Customer and/or Subcontractor. Customer and/or Subcontractor hereby agrees to waive any and all rights of subrogation and any and all lien rights which may accrue to it or its insurers. Customer and/or Subcontractor both understand that this waiver shall bind their insurers of all levels and agree to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this agreement.
3. 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 supervision and control of Customer and/or Subcontractor under this lease. In the absence of Customer’s presence at the jobsite, the parties expressly agree that all persons operating the Equipment are under the direct supervision and control of Subcontractor hired by Customer. In the event that Customer assigns the task of supervision to Subcontractor then all persons operating the Equipment are under the supervision and control of Subcontractor. In any case it shall be the duty of Customer and/or Subcontractor to give specific instructions and directions to all persons operating the leased Equipment. Customer and/or Subcontractor agree to provide or otherwise select competent and experienced personnel to direct the operation of the equipment, in accordance with OSHA 29 CFR 1926.1428 signal person qualifications and both Customer and Subcontractor further agree that the standard of care and responsibilities will be in accordance with all American National Standards Institute (ANSI) and that ASME B30.5-2018 (and as amended) shall be used when operating the equipment, specifically Chapter 5-3 Operation, as well as the OSHA 29 CFR Subpart CC Cranes and Derricks in Construction sections 1926.1400 – 1926.1442. The Customer and/or Subcontractor further acknowledge and agree that it is the responsibility of the Customer and/or Subcontractor to independently determine the weight of every load to be lifted to prevent compromising all or any portion of the Equipment. Any load measuring device used by the Crane Operator shall be used as an operator-aide only. The parties agree that the terms of this agreement are the sole and exclusive agreement between the parties, intended by the parties to be the only and final terms and agreements between them, superseding any and all oral or written understandings as otherwise might have been claimed to have existed, the assertion of which the parties hereby waive.
4. CONDITIONS –GROUND/POWERLINES/RIGGING—The Customer and/or Subcontractor hereby agree that Customer and/or Subcontractor will assume all responsibility for the ground or soil conditions in the area where the Equipment is to be stored, parked or operated. The Customer and/or Subcontractor shall perform or have performed all necessary inspections or testing to determine the nature of the ground or soil and its ability to support the Equipment while in operation or otherwise. Specifically, the Customer and/or Subcontractor agree to observe and at all times comply with the required ground bearing pressure for the Equipment specified by the Equipment manufacturer and/or set forth on the first page of this lease agreement. Customer and/or Subcontractor assume all responsibility to protect the Equipment and all persons in or around the Equipment from the danger of energized or de-energized power lines. All power lines in the work area shall be identified prior to the work’s beginning. All power lines are to be de-energized prior to the Equipment’s being operated in or around such power lines. Customer and/or Subcontractor shall contact the local electric utility or other such authorized entity to arrange to have the power lines de-energized prior to beginning work. Even if power lines are de-energized, Customer and/or Subcontractor shall ensure the Equipment is kept clear of such power lines at the distances required by OSHA, ANSI and any other safety regulations or standards. If it is not possible to de-energize power lines, then the Customer and/or Subcontractor shall be responsible for the insulating of any power lines, the grounding of all equipment, and they will use rigging or other equipment designed to prevent electrocution. Customer and/or Subcontractor are required to provide any and all rigging to be used with the Equipment. If chokers, slings, straps, chains, hooks, spreaders, fittings, rope or wire, etcetera; are loaned to the Customer and/or Subcontractor by the Crane Company for the Customer’s and/or Subcontractor’s convenience, such property is solely the Customer’s and/or Subcontractor’s responsibility. Customer and/or Subcontractor assume responsibility for any defects in any rigging, whether the property of Customer and/or Subcontractor or otherwise. Customer and/or Subcontractor assume all liability for the adequacy of, design of, or the strength of, any lifting lug or device embedded in or attached to any object to be lifted. Customer and/or Subcontractor assume the responsibility for damage to any load on hook due to a failure of the rigging. Customer and/or Subcontractor assume the responsibility for the method of rigging and agree that all persons involved in the rigging process are qualified according to OSHA’s definition 1926.1401 under Customer’s and/or Subcontractor’s direct supervision and control.
5. AUTHORIZED SIGNATURE – In the event this agreement has been executed on the reverse side by an individual on behalf of a corporation or other business entity, the person(s) whose signature is affixed hereto and the party for which those individual(s) have signed this agreement represent to Crane Company that the individual signing has full authority to execute this agreement on behalf of said corporation or other business entity.
