DIRECT: +1 (915) 566-1911
OFFICE: 1919 Rio Grande, El Paso, TX
OFFICE: 1919 Rio Grande, El Paso, TX
WORK ORDER
BILL TO
ATTN.
PHONE NO.
DATE
P. O. No.
JOB LOCATION
SITE, POINT OF CONTACT
PHONE NO.
| ID No. | HOURS | DESCRIPTION | RATE HOUR |
AMOUNT |
|---|---|---|---|---|
SUBJECT TO TERMS & CONDITIONS ON REVERSE SIDE
AUTHORIZATION
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PRINT NAME
VERIFICATION
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PRINT NAME
WORK PERFORMED
SUB-TOTAL
TAX
TOTAL
PAYMENT TERMS
NET 30 DAYS
C.O.D.
TERMS AND CONDITIONS
1. Vaquero Crane Company (“Lessor”) hereby leases the equipment described on the reverse side to Lessee and furnishes operational personnel to Lessee subject to these Terms and Conditions. Lessor will place equipment and materials and conduct operations on and at the job site at the direction of and under the control and supervision of Lessee.
2. Lessee agrees 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 Lessee further agrees that the standard of care and responsibilities will be in accordance with all American National Standards Institute (ANSI) and that ASME B30.5-2007 (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. Lessee assumes the responsibility for the method of rigging and agrees that all persons involved in the rigging process are qualified according to OSHA’s definition 1926.1401 under Lessee’s direct supervision and control. Lessee further agrees to use said equipment in accordance with the manufacturer’s instructions and agrees not to exceed the manufacturer’s rated load capacities for such or similar equipment. Lessee expressly agrees that the counterweight in excess of manufacturer’s specifications shall not be used. Lessee assumes all liability for the adequacy of design or strength of any lifting lug or device embedded or attached to any object. Lessee agrees to use the equipment in strict compliance with all applicable rules, laws, regulations and orders.
3. LESSEE HEREBY AGREES TO INDEMNIFY LESSOR, ITS EMPLOYEES AND AGENTS, AND HOLD LESSOR HARMLESS FROM ALL CLAIMS, CAUSES OF ACTION AND SUITS RESULTING FROM ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, INCLUDING INJURY OR DEATH TO LESSOR’S EMPLOYEES, NOTWITHSTANDING ANY PROVISION OF THE WORKERS COMPENSATION LAWS, ARISING IN ANY MANNER OUT OF LESSEE’S DIRECTION, SUPERVISION AND CONTROL OVER THE OPERATION OF LESSOR’S EQUIPMENT. LESSEE HEREBY AGREES AND UNDERSTANDS THAT IT IS HOLDING LESSOR HARMLESS FROM LESSOR’S OWN NEGLIGENCE. LESSEE’S DUTY TO DEFEND AND TO INDEMNIFY HEREUNDER INCLUDES ALL COSTS AND EXPENSES ARISING OUT OF ALL CLAIMS SPECIFIED HEREIN, INCLUDING ALL COSTS OF INVESTIGATION, EXPERT WITNESSES, COURT AND/OR ARBITRATION COSTS, FILING FEES, ATTORNEY’S FEES AND COSTS OF SETTLEMENT. THIS OBLIGATION INCLUDES CLAIMS AND SUITS RELATING TO PERSONAL INJURY, PROPERTY DAMAGE OR DEBT ARISING OUT OF IMPROPERLY HANDLED ITEMS WHEN LESSEE IS NOT USING A RIGGING SUPERVISOR.
4. All amounts due and payable pursuant to the terms of this Work Order shall be payable to Vaquero Crane Company at its address in El Paso County, Texas. All past due amounts after 30 days shall bear interest until paid at the lesser of 18% per annum (1½% per month) or the maximum rate permitted by law.
5. UNLESS SPECIFICALLY SET FORTH IN WRITING ON THIS WORK ORDER, VAQUERO CRANE COMPANY MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WITH RESPECT TO THE CAPACITY OF THE EQUIPMENT LEASED.
6. This Work Order and the rights and obligations of the Lessor and the Lessee shall be construed pursuant to the laws of the State of Texas and venue for all disputes relating to the equipment leased and payment therefor shall be in a court of competent jurisdiction located in El Paso County. In the event that Lessor must seek collection of amounts due from Lessee hereunder, Lessee agrees to pay all costs and expenses associated therewith, including reasonable and necessary attorney’s fees, all costs of investigation, expert witnesses and costs of court.
7. This Work Order constitutes the entire Agreement between the parties, supersedes all previous communications, understandings or representations between Lessor and Lessee with respect to the subject matter hereof and Lessee has not relied and does not rely on any representations other than as specifically set forth in writing herein. This Work Order cannot be altered or amended unless it is in writing and signed by a duly authorized officer of Vaquero Crane Company.