Terms and Conditions

BAY BULLS MARINE TERMINAL INC. (BBMT) - TERMS and CONDITIONS

(CONDITIONS UNDER WHICH EQUIPMENT, PRODUCTS AND/OR SERVICES ARE PROVIDED)

1. RENTAL RATES: Scheduled rental rates begin when equipment leaves BBMT’S service point and continues until returned thereto. Rental rates are quoted and based on a “per job” basis with an initial rental period as specified in the quotation. After the initial rental period has elapsed, equipment is subject to a previously agreed upon rate, which continues until equipment is returned to BBMT’S service point. Rates quoted are valid for 30 days, from the date of the quotation. All orders require a P.O. or credit card number before equipment is released. All monthly rates are based on a 28-day month. Rental minimum is one week (7 days).

2. AVAILABILITY: Unless written confirmation is obtained from BBMT at least 30 days prior to the scheduled rental date, all equipment shall be on an “if available” basis. Without written confirmation within 30 days of scheduled rental date, BBMT cannot guarantee rental prices or equipment availability.

3. DAMAGE TO EQUIPMENT / RIGGING: Damaged slings, shackles, parts and any other equipment will be repaired at the expense of the CLIENT. Damage shall be determined by BBMT after return of equipment and after inspection. Repair shall be under BBMT’S direction and specifications. Equipment lost or damaged beyond repair will be charged to the CLIENT at current replacement cost plus incurred rental costs. Equipment damaged beyond repair shall be disposed of by BBMT.

4. EQUIPMENT FROM OUTSIDE SOURCES: Any equipment used in conjunction with, or in addition to that provided by BBMT shall not be the responsibility of BBMT and voids any warranty either expressed or implied for BBMT equipment.

5. TRANSPORTATION: Unless otherwise noted, all transportation of equipment is for CLIENT’S account. All equipment is F.O.B. BBMT’S service point. Delivery of equipment is accomplished when CLIENT, or its representative, either picks up the equipment or when it is shipped from BBMT’S facility. All liability for loss or damage to the equipment is transferred to the CLIENT at time of delivery. Any failure of CLIENT to inspect equipment prior to shipment shall be deemed a waiver of any right to revoke acceptance at some future date with respect to any defect that a proper inspection would have revealed.

6. CONDITIONS & SUITABILITY OF EQUIPMENT: Conditions that prevent satisfactory operation of equipment does not relieve CLIENT of their responsibility for rental charges, or of their responsibility for, at their expense, replacement/repair of damaged equipment. BBMT assumes no responsibility or liability for the performance or suitability of any component of, or entire piece of equipment provided by BBMT. It is the CLIENT’S responsibility to determine the adequacy/suitability of all equipment provided by BBMT, for its intended use.

7. DELAY & CONSEQUENTIAL DAMAGES: BBMT shall not be liable for any delay or failure to deliver the equipment as described in the quotation which is caused by fires, strikes, labour disputes, war, civil disturbances, delays in transportation, shortages of labour or material, or other causes beyond the control of BBMT. The existence of such causes of delay or failure shall justify the suspension of delivery, and shall extend the time of performance on the part of BBMT. If such causes of delay cannot be removed, BBMT’S obligation to deliver is excused. In this event, CLIENT may cancel the portion of equipment that has not been delivered, provided BBMT receives such cancellation prior to delivery being attempted by BBMT.

8. WARRANTY: BBMT warrants that the equipment has been tested prior to shipment to the extent described in the test certificates delivered with the equipment. There is no other warranty made by BBMT in connection with products sold, equipment rented or services provided to the CLIENT. The equipment being supplied may be new or used and is furnished on an “as is” basis with CLIENT having full opportunity to inspect or have the equipment inspected by a third party of its choice, before the equipment is delivered. No agent, employee or representative of BBMT is authorized to alter or amend the provisions contained herein and these TERMS and CONDITIONS will be considered a part of any rental agreement and shall supercede all previous agreements whether written or oral.

9. LIABILITY: BBMT’S liability shall be limited solely to its personnel and equipment except otherwise specified herein. Rental of BBMT’S equipment confirms acceptance of the terms of the equipment and or services proposal and of these TERMS and CONDITIONS. The CLIENT hereby agrees to release and indemnify BBMT from any claims arising from, or in any way associated with the equipment attached to, used in conjunction with, or in any way associated with the project for which BBMT’S equipment is being used or services provided. This indemnification shall include liability for and damage to any equipment, or to injury or death to personnel other than BBMT’S, including third parties.

10. TERMS OF PAYMENT: Unless otherwise specified and agreed upon, rental charges are due and payable thirty (30) days NET CASH. All invoice are payable in Canadian Dollars. No equipment will be delivered to past due accounts.

11. PRECEDENT AND PRIORITY OF TERMS: These TERMS and CONDITIONS supercede any and all previous written or oral agreements between BBMT and the CLIENT.

12. TAXES: Sales and/or USE Tax will be billed and is due and payable by CLIENT unless a copy of a tax exemption certificate is provided to BBMT prior to the rental of any equipment.