Standard Terms & Conditions: No Other Agreement: Except as otherwise mutually agreed in writing, this document is the complete agreement between Customer and affiliated entities Traffic Management, LLC formerly known as Traffic Management Inc., Traffic Management Products, Inc., Utility Traffic Services, LLC, and Infrastructure Traffic Services, LLC (collectively referred to as “TRAFFIC”).
Authorized Representative and Acknowledgment of Work and Equipment: The name and signature on this document is the duly authorized representative of the Customer (individual, company, or organization). Receipt and acknowledgment of this document is the acceptance of any or all of the following as described on the front of this Receipt: description of work performed, hours worked, equipment used, rental equipment picked up or dropped off, materials or equipment purchased, condition of equipment, or any other such specific condition or work detailed in writing. If no authorized representative is available upon the conclusion of services or the return of the equipment, then this document will be noted with ‘no authorized rep available’, and a copy of this Receipt will be provided directly to Customer by email. Customer will be responsible for full payment of equipment purchase, rental, lease, or services performed as described herein. Rates and pricing shall be as identified on this document unless mutually agreed in writing, otherwise according to TRAFFIC published rates.
Terms of Payment: Payment terms are net 30 days, unless otherwise specified on related invoice. A 1 1/2% per month service charge may be charged on all amounts after 30 days. Or at the highest monthly finance allowed by law. In the event of any dispute as to non-payment of any invoice, TRAFFIC shall be entitled to an awarded of reasonable attorney’s fees and costs.
Disputes & Governing Law: Disputes as to any portion of an invoice must be delivered to TRAFFIC in writing no later than 10 calendar days following the date of the disputed invoice. Failure to timely notify TRAFFIC of any such dispute shall be deemed acceptance of the same, and all charges therein. Customer’s initial receipt of the Equipment and/or Services shall constitute acceptance and agreement by the Customer to all provisions, terms, and conditions herein and to this Agreement. The laws of the State of California shall apply to any rights and/or remedies provided to either party hereto. Unless otherwise mutually agreed, the jurisdiction of the state courts in Los Angeles County, California shall be applicable for any actions relating to the terms of this document.
Competent Use by Customer and Conformance to All Laws: For any Equipment (including but not limited to Traffic Control Devices) left in the care of Customer, Customer agrees to provide competent, experienced, and licensed (if required by law) personnel to use and control the Equipment and further agrees that the applicable state or federal Manual of Uniform Traffic Control Devices (MUTCD) shall be used as a reference for the placement and use of all Traffic Control Equipment. Customer agrees to use the Equipment in accordance with the manufacturer’s instructions, and in strict compliance with all applicable rules, laws, regulations, and orders. Customer shall not use the Equipment in a negligent, reckless, illegal, unauthorized or abusive manner nor allow the operation of the Equipment for an illegal purpose or by any unauthorized individual. Customer acknowledges that TRAFFIC is not responsible for training.
Rental Charges, Lost/Damaged Equipment, and Equipment Maintenance: Customer agrees to pay for applicable rental charges of all Equipment for entire duration of rental term, including extended rental charges beyond original term. Rental charges are billed according to TRAFFIC published rates, unless otherwise agreed in writing.
Customer shall return all rented/leased Equipment to TRAFFIC in as good condition and repair as when received (reason-able wear-and-tear excepted). Customer will remain liable for any rental fees until TRAFFIC confirms Equipment has been returned in acceptable condition. Customer shall pay the MSRP for new replacement equipment if, in the opinion of TRAFFIC, the equipment is not repairable, or if the equipment is lost or stolen while on rent. All repairs and maintenance of Equipment shall be performed by TRAFFIC, at customer’s expense, unless otherwise agreed.
Insurance: Unless otherwise agreed in writing, no insurance is provided for rental equipment. Customer agrees to pay for all losses and damage to Equipment, and to procure and maintain insurance through Customer’s own insurance carrier(s) with a minimum of $1,000,000 in liability coverage, or higher amount as TRAFFIC may deem appropriate. All policies shall name TRAFFIC as additional insured with 30 days written notice of cancellation and/or reduction in coverage.
Rental Protection Program (RPP): A surcharge of 15% of the total rental charges of each item will be added to the rental invoice(s). If Customer experiences an accident or damage to the rental equipment, TRAFFIC will cover 100% of the repair or replacement costs for the first $500.00 of each damaged item. Furthermore, TRAFFIC will pay 90% of the repair or replacement cost in excess of $500 for each damaged item. Accordingly, Customer will be responsible for 10% of the repair or replacement costs in excess of $500 for each item. All rental orders will be automatically enrolled in RPP unless opted out by Customer. If Customer opts out of RPP, Customer assumes sole responsibility for damaged or lost equipment. RPP is not available for registered motor vehicles such as TMA’s and traffic control trucks. RPP surcharge will only be applied to equipment rental charges, and will not be applied to delivery, installation, removal, or other labor and service charges. RPP charges may be subject to sales/use tax, depending on local jurisdiction. RPP Coverage excludes lost, stolen, or missing equipment; damage resulting from customer misuse or negligence; damages of any kind to third parties.
Security Interest in Equipment: Customer agrees that TRAFFIC shall retain a security interest in all Equipment until all indebtedness of Customer is paid in full, and that TRAFFIC shall have all the rights of a secured party as provided by applicable statutes, including any right to pursue an action for the entire indebtedness or any deficiency. In the event of nonpayment of any invoice, Customer agrees that TRAFFIC may, in its sole discretion and option, attempt to repossess any Equipment in any manner authorized by applicable law, including, if so authorized, entering a project site to retrieve any Equipment, without notice or legal process. TRAFFIC may sell at TRAFFIC’s option any unreturned rented Equipment to Customer at current publishes sales price. Customer agrees that it will not move rented or purchased Equipment to any other project or location until fully paid for, or otherwise interfere with TRAFFIC’s security interest or legal rights, or otherwise subject TRAFFIC’s residual interest in rented Equipment to any risk whatsoever.
No Express or Implied Warranties: There are no warranties, express or implied, related in any way or manner to this agreement. TRAFFIC disclaims any implied warranty of merchantability or implied warranty of fitness for a particular purpose, and customer agrees that all Equipment and/or Services are “as-is”. Customer assumes all risks associated with same and releases TRAFFIC from any and all liabilities and damages (including lost profits, personal injury, and special, incidental or consequential damages) in any way connected with the Equipment and/or Services, its operation or use or any direct or failure thereof or a breach of TRAFFIC’s obligations herein. Customer agrees repair or replacement is Customer’s exclusive remedy for breach. All product returns are subject to a restocking fee and approval by TRAFFIC. Customer shall cooperate and provide all information regarding financing source, legal description or copies of Payment bond(s) for Projects where TRAFFIC is furnishing services or rentals.
Indemnification: Customer agrees to indemnify and save TRAFFIC, its employees and agents harmless from all claims for death or injury to persons, including TRAFFIC’s employees, and from all loss, damage, or injury to property, including the equipment, arising in any manner out of Customer’s operation. Customer’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, attorney’s fees and costs of settlement. Customer shall not be required to indemnify TRAFFIC for its sole negligence, but, TRAFFIC’s liability for damage caused by the sole negligence of TRAFFIC, its agents and employees, hereunder shall be limited to the amount of TRAFFIC’s liability insurance.
Financial Information: To access Customer’s creditworthiness, Customer is required to provide TRAFFIC with its most recent income statement and current accounts payable aging report.
Notice of Right to File UCC Filings: In consideration of extending credit to Customer, TRAFFIC reserves the right to file a Uniform Commercial Code (UCC) financing statement, also known as a UCC lien or UCC filing, to secure TRAFFIC’s interest in any collateral or assets related to the credit extended to Customer. By signing and submitting this credit application, Customer acknowledges TRAFFIC may file UCC financial statements as deemed necessary to secure TRAFFIC’s interest in any collateral or assets associated with the credit provided to Customer. Customer grants TRAFFIC the right to take any actions necessary to perfect or enforce TRAFFIC’s security interest in accordance with applicable laws.
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