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Rain Rental/Sale Estimate <br />for <br />Rent Denver www.rainforrent.com P O Box 149 <br />Fort Lupton, CO 80621 <br />Phone: 303-857-6246 <br />Fax: 303-857-4435 <br />Estimate Number: 10-056-312005 <br />Terms & Conditions <br />Additional Terms <br />1. A cycle is defined as 4 weeks. A week is defined as one third of a cycle and a day is one third of a week. Customers will be invoiced at the appropriate <br />cycle, weekly or daily rate based on actual equipment usage except for filtration, pipe, hose and fittings which will be billed at the cycle rates only and will <br />not be pro-rated. <br />2. The rental rate for pumps and equipment with hour meters are based on an 8 hour day or 48 hour running week. The rental rate will be multiplied by 1.5 <br />for greater than 8 hours per day or 49-96 operating hours per week and multiplied by 2.0 for more than 16 hours per day or 96 operating hours per week. <br />Customer will be invoiced for 24 hours per day if the hour meter has stopped functioning. <br />3. Overtime will be invoiced at 1.5 times the regular rate for work occurring outside of normally scheduled business hours and 2.0 times the regular rate for <br />work occurring on company recognized holidays. <br />4. Customer shall pay for any changes to work scope including but not limited to schedule changes, material, labor, third party, permit, fee or service costs. <br />It is the Customer's responsibility to cooperate in the timely processing, approval and payment of any charges within Rain For Rent's invoice terms. <br />5. Customer is responsible to determine the suitability of equipment for the application. <br />6. Delivery, Return, Installation and Removal costs are estimated. Customer will be invoiced for actual time. Transportation will be invoiced on a Portal to <br />Portal basis. <br />7. Customer is responsible for flushing and cleaning tanks, roll off boxes, pipelines, pumps, filters and other Rain for Rent equipment prior to return. <br />8. Customer is responsible for equipment, repairs, maintenance and damage, excluding normal wear and tear. All returned equipment is subject to <br />inspection by Rain for Rent personnel. Damages and accrued rent will be invoiced to Customer while equipment is out of service for repairs. <br />9. The Customer cannot alter the equipment without Rain For Rent's prior written approval. <br />10. Customer will provide "all risk" property insurance for rented equipment. <br />11. Customer will not allow any equipment to come in contact with any substance that will cause corrosion, damage or leakage. <br />12. The Customer assumes all risks of loss due to operation and use of the equipment. <br />13. Customer is responsible to obtain any permits, licenses, certificates, bonds and give all notices required by law. <br />14. The rental period begins the day the equipment is delivered and continues until returned to Rain For Rent's facility unless written confirmation of the <br />release is provided to the Customer before that time. <br />15. Rental equipment must be returned to the renting Rain for Rent branch unless agreed to in writing before the rental period begins. <br />16. All material that comes in contact with Rain For Rent equipment including media is the responsibility of Customer as generator. Rain For Rent shall not <br />be responsible for any fines or sanctions as a result of Customer's use of the equipment. <br />17. The equipment is sold "AS IS,WHERE IS" in its present condition. Seller makes no warranties, expressed or implied of any kind whatsoever with respect <br />to the equipment. Buyer agrees that buyer has purchased the equipment based on his judgement and evaluation, without reliance upon any statements of <br />representations of seller, and that seller is not responsible for any defects in its operation or for any repairs, parts or services, unless otherwise noted. <br />18. De-watering, Roll-off, Vacuum boxes and similar equipment are not liquid tight. Rentee accepts full responsibility for all losses, damages and costs <br />caused by or arising out of spills, leakage or discharge from this equipment. <br />19. Customer will use the equipment in a careful and proper manner and in accordance with safety rules, industry standards, manufacturer's specifications, <br />recommendations, regulations and applicable laws <br />20. Customer shall be responsible for environmental fees covering waste fluid, fuel, filter and other disposal costs. <br />21. A Fuel Surcharge will be calculated and invoiced based on the diesel fuel price as published by the Department of Energy on <br />http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp <br />22. Customer shall pay Rain For Rent additional expenses caused by site, soil or underground conditions, including, but not limited to, rock formations, <br />environmental conditions, regulations or restrictions, hard pan, boulders, cesspools, gas lines, water lines, drain pipes, underground electrical conduits or <br />other above ground or underground obstructions. <br />23. Customer shall be responsible for acquiring and paying for, if necessary, all public and private property easements required by the project. <br />24. The estimated labor component of this quote is based on non-prevailing wage rates. If prevailing wage laws are applicable, Customer must notify Rain <br />For Rent in writing before Rain For Rent estimate completed. If Rain For Rent was not properly notified, Customer shall promptly pay any change orders <br />that adjust wages to prevailing wage rates. Customer is responsible for providing applicable prevailing wage rates to Rain for Rent. Rain For Rent will <br />provide certified payrolls on a bi-weekly basis if notified in writing 10 days before the start of the project. <br />25. Customer is prohibited from deducting retention from Rain For Rent invoices and charging Rain for Rent liquidated damages. <br />26. Customer is responsible for all routine maintenance including fuel, fluids, lubrication and filters every 150 hours on engine driven equipment. Rain For <br />Rent will charge Customer for servicing any equipment that is on rent or returned that has not been serviced in 150 hours. Rain For Rent can provide field <br />service upon request for an additional service charge. Rain For Rent must be notified 2 business days in advance to schedule required field service. <br />27. This estimate excludes any additional costs to Rain For Rent associated with Owner Controlled Insurance (OCIP) or WRAP insurance programs that will <br />be added to Rain For Rent's prices. <br />28. Customer is responsible to provide freeze protection for all equipment on site. <br />29. Customer will be responsible for security, traffic control and road crossings. Traffic control shall meet all applicable Federal, State, and Municipal laws <br />and regulations to assure a safe work environment. <br />Printed 12/18/2009 10:15 AM Page 6 of 7 <br />Estimate 10-056-312005 Confidentiality Notice: This quotation and any associated document(s) are privileged and condifidential, and are intended for the sole use of the addressee s). <br /> They cannot be used, <br />circulated duplicated, quoted or otherwise referred to or disclosed to third parties for any reason without the written consent of an Officer of Western Oilfields Supply Company dba/ <br /> ain for Rent. If you have <br />received this information in error, please immediately contact us at rlake@rainforrent.com or by telephone at 661-387-6173. Thank you.