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ProAct Services Corporation

Terms and Conditions

ProAct requires a signed purchase or lease agreement to be completed before any equipment delivery or construction will be scheduled. All agreements are subject to favorable credit approval by ProAct.

Quotations and proposals are valid for 30 days and subject to change if the scope of work, project duration, working conditions, or other factors are significantly changed.

Payment Terms

Payment terms for new custom built equipment are 50% due with the order and the balance net 30 days after delivery and startup.  Any unpaid balance after 30 days will incur interest charges if one and one-half (1.5%) percent per month until the balance and interest is paid.

Rental equipment invoices are dated the first day of the new rental month and are due net 30 days. Last month rent is payable in advance and held as damage deposit until the equipment is returned in satisfactory condition. Any unpaid balance after 30 days will incur interest charges if one and one-half (1.5%) percent per month until the balance and interest are paid. Unpaid balances exceeding 90 days will result in recovery of equipment and charges for demobilization added to the balance and interest.

Rental Equipment

The customer is responsible for carrying proper and sufficient insurance (amounts specified in the lease agreement) to cover the equipment for damage or loss and liability from the operation of the equipment.  The Customer will indemnify and hold ProAct harmless for loss of or damage to ProAct equipment while in the possession of the Customer.  Customer will indemnify and hold ProAct harmless for any and all losses, claims, or damages, including attorney fees, resulting from injury, disability and death of workers, or damage to property, environment, or equipment caused by the operation and handling of the equipment while in the possession of the Customer. 

Customer agrees to the following:

  • equipment will be operated only by competent employees, trained and experienced in the operation of the equipment, and for the use for which the equipment was designed.

  • to pay all costs of the operation of the equipment including daily maintenance costs,

  • to pay for repairs or replacement of the equipment resulting from misuse, negligence, accident or severe operating conditions.

  • the equipment will not be operated beyond the manufacturer's rated capacities, nor improperly cared for or abused,

  • to return the equipment free of any contamination, dirt or debris, or hazardous materials. Carbon will be removed from carbon tanks and the tanks decontaminated before returning to ProAct.

  • to return the equipment in the same condition as when received, except for ordinary wear and tear as typically results from normal use.

  • to permit ProAct or its representatives to inspect the equipment rented at reasonable times upon the request of ProAct.

Warranties

ProAct makes no warranty to the suitability of a specific equipment for a specific application. Equipment performance and capabilities are influenced and limited by numerous factors, including, soil porosity, the nature and level of contamination, operating conditions, weather, unanticipated factors, age of the site, and other contamination.

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Last modified: 03/05/08