Terms and Conditions | B&B Crane Service

NOTE:

Cancellation of services requires 72-hour advance notice. If not, you will be charged the minimum rates for the applicable rental period – monthly, weekly, or daily.
Quotes are based on our understanding of information from Customer, are subject to equipment and operator availability, are subject to credit approval, and are good for thirty days.
Subject to sales rep visit and site evaluation.
Does not include tax where applicable.
If inserts are required and an assist crane is needed, there will be a charge of $2500 for set up and $2500 for breakdown.

TERMS & CONDITIONS

All terms and conditions herein shall become a legally binding contract between B&B Crane Service, LLC (“B&B”) and Customer upon acceptance either by Customer’s signature on B&B proposal or quote, the signature of any onsite representative of Customer on any shift ticket or work ticket of B&B, or the commencement of B&B operations on a project site (the “Contract”).

1.0 Site Conditions

1.1 Customer is responsible for all jobsite related conditions, including, without limitation, free and clear access around and on the site, without delays, as needed for mobilization, demobilization, loading, unloading, laydown, and operations; adjacent properties; any necessary construction and aerial easements; and utilities location, movement, shutoff, or other notification or action. Customer shall be responsible for identifying all underground utilities prior to B&B’s arrival on site and shall maintain adequate utilities location designations until B&B has demobilized. Customer shall at all times maintain clear and unobstructed areas as needed for all crane operations. Customer is responsible for any required crowd or traffic control measures, street permits, barricades, re-routing of traffic, flagmen, lighting, and utilities control and for procuring at its own expense all necessary permits and clearances required in connection with the foregoing, as well as complying with all related federal, state, and local laws and regulations.

1.2 All relevant areas must be sufficient to support equipment and load weight, and all costs to ensure such shall be paid by Customer. Customer is required to inspect, prepare, and maintain jobsite conditions in accordance with OSHA regulations and provide, and at all times maintain, clear, firm, level, stable, well-drained, and safe areas upon which the equipment and any assist equipment will be assembled, operated, and disassembled.

1.3 B&B will not be held responsible for any ruts or other ground impacts resulting from crane operation, or for any damage to driveways, sidewalks, asphalt parking lots, curbs, landscaping, or other visible or invisible site improvements associated with crane access, set-up, or operation, nor shall B&B be responsible for any damage to any underground utility systems including, but not limited to sewers, water lines, irrigation, electrical, gas, telephone, fiber, data, fire alarm, communications, and cable television. B&B shall not be responsible for any wrecker charges.

1.4 Any costs incurred by B&B to achieve or maintain necessary site conditions and to repair or remedy any damage to B&B's equipment and/or property of third parties resulting in any way from inadequate site conditions shall be billed at the actual cost incurred by B&B, plus 30% for administration and overhead costs, and Customer shall pay such in addition to other amounts due to B&B. Any action taken by B&B regarding site conditions, or any other duty of Customer, shall not transfer any duty of Customer to B&B, nor reduce Customer’s responsibilities or liabilities to B&B.

1.5 B&B has the right to suspend operations and/or to terminate its obligations under the Contract for any failure of Customer to comply with site related obligations herein or otherwise applicable, as well as site conditions or related acts or omissions of Customer or others on the job site to which B&B has reasonable objection or disagreement with. Suspension may be immediate and communicated verbally.

2.0 Safety

2.1 Customer shall take necessary precautions for the safety of its employees, subcontractors, consultants and other persons who may be affected by the operation of B&B equipment. In directing, coordinating, or otherwise participating in crane related activities, Customer shall at all times observe minimum clearances required by applicable standards or prudent under existing circumstances. Customer shall also follow safety procedures in accordance with OSHA, including without limitation as such apply with respect to use of the B&B equipment near or around power lines. Customer is responsible for the safety of all persons in the work zone of all crane operations (a minimum of 360 degrees around the equipment and its maximum working radius) and in any hazard area or fall zone of crane operations.

2.2 B&B has the right to suspend operations and/or to terminate its obligations under the Contract for any failure of Customer to comply with safety related obligations herein or otherwise applicable, as well as for safety related acts or omissions of Customer or others on the job site to which B&B has reasonable objection or disagreement with. Suspension may be immediate and communicated verbally.

2.3 B&B’s operator has the authority and right, for safety concerns, to stop any ongoing or proposed operation and to refuse to handle any load.

3.0 Shift Tickets

3.1 Customer agrees to execute a shift ticket, work ticket, or other job site acknowledgment presented by B&B on a daily or other periodic basis, as determined by B&B.

4.0 Invoicing

4.1 The rental rate does not include all applicable taxes, fuel, service, maintenance, repairs, and insurance, which shall be added to invoices and shall be Customer's responsibility to pay.

4.2 Invoices are due upon receipt, unless other terms have been approved by B&B, and no retainage shall be withheld. If B&B utilizes an attorney seeking collection of amounts owed, Customer shall be obligated to pay reasonable attorney’s fees to B&B.

4.3 If Customer pays with a credit card, an additional 4% processing fee shall be added to the invoice amount and paid to B&B.

5.0 Work Times; Schedule

5.1 Regular hours are from Monday-Friday, 7:00am-3:00pm. Overtime rates apply 3:00pm-7:00am, after 8 hours, and all Saturdays. Personnel overtime rates (at 1.5) will be based upon the normal hourly rates charged per crane personnel, with a minimum additional $37.50-100.00 per hour per crane personnel. Crane overtime rates (at 1.5) will be based on the size and type of crane on the job. Double-time rates (2.0) for personnel and cranes will apply to work on all Sundays and all holidays, with a (4) hour minimum.

5.2 All quoted prices for specified periods (daily, weekly, or monthly) are portal-to-portal.

5.3 Cranes and vehicles requiring state transportation permits are subject to travel restrictions (i.e. nighttime, weekends, holidays, etc...). Travel time for all vehicles/cranes with permit restrictions could incur additional travel time in and out due to said restrictions.

5.4 For any multiple day job, an 8-hour minimum per day will apply on machines with 23 ton to 110 ton capacity, and a 10-hour minimum per day will apply on machines 120 ton or greater.

5.5 Any applicable overnight and per diem expenses will be charged at the rate of $250.00 per day per man unless quoted otherwise.

5.6 Cancellation of a crane must be given 72 hours advance notice in writing. If not, Customer shall be obligated for the minimum rate (for the applicable rental period – daily, weekly, or monthly) for the crane and/or the minimum for the crew.

5.7 B&B shall not be responsible for any downtime due to events of nature, weather conditions, acts of God, force majeure, government action, strikes, unsuitable site conditions, delay caused by others at the jobsite, or any other cause beyond the reasonable control of B&B. Should the work be delayed or suspended through no fault of B&B, Customer will be responsible for the equipment rent and B&B’s labor at a standby or static rate during the period of down time, delay, or suspension. Under no circumstances shall B&B Crane be liable for any damages for delay of any kind, liquidated, actual, consequential, or otherwise.

5.8 Static rates apply to all days that a crane is left onsite and not operated between work periods, unless explicitly set forth in the quote. The daily rate shall be calculated at $150.00 per quoted or rated capacity (in tons) of the crane.

5.9 Schedule for performance of the work shall be mutually agreed by Customer and B&B.

6.0 Personnel

6.1 B&B shall utilize competent people and proper tools, equipment, and materials in performing the work with B&B's equipment. B&B shall furnish only the personnel as expressly included in the quote. B&B’s operator shall be properly certified to operate the supplied crane.

6.2 If the quote includes provision of riggers and/or signal persons by B&B, such shall be certified.

6.3 Unless the quote includes provision by B&B of riggers and signal persons, all such persons necessary for safe and prudent operation of the crane and performance of the subject work shall be provided by Customer. All riggers provided by Customer shall be certified by the NCCCO or other accredited organization acceptable to B&B, in writing. All signal persons provided by Customer shall at a minimum meet OSHA qualification requirements for crane signal persons.

6.4 Customer shall provide all necessary personnel to maintain safety of persons and property in the crane work zone, hazard area, and fall zone, as required by the Contract, OSHA, and other applicable laws, regulations, and standards.

6.5 Customer shall provide an onsite foreman or supervisor to supervise and control all its employees and subcontractors, as well as all other persons on site, during operation of B&B equipment. Customer shall ensure that no persons are in locations that put them at risk during the operation of B&B equipment. Customer is responsible to provide and pay for any required training, orientation, and/or testing of any of its employees and subcontractors.

6.6 B&B shall be considered an independent contractor, and nothing contained herein shall create a joint venture, partnership, or principal and agent relationship between Customer and B&B. No employee or representative of Customer or any of its subcontractors or consultants shall be deemed to be an employee of B&B (general, special, borrowed, or otherwise), B&B will not exercise control over any such person, and under no circumstances shall B&B be held liable for any act, omission injury to, or injury caused by, any such person.

7.0 Rigging; Equipment

7.1 B&B provides standard rigging only. Specialty rigging or any rigging not provided by B&B shall be at Customer’s sole cost, risk, and liability. Customer shall be responsible for all rigging provided by or for it and all legal consequences arising out of or relating to the use of said rigging, and in the event there is any damage to B&B’s equipment, or property of any third party, or of Customer, all resulting liability shall be solely borne by Customer.

7.2 B&B shall only provide the equipment and machinery expressly included in the quote.

7.3 Customer shall be liable to B&B for all costs of repair or replacement to the equipment and property of B&B, plus incidental expenses, loss of use damages, down time costs until the equipment is certified to be ready for return to commercial use, and other damages incurred by B&B that arise from or relate to the rigging provided by or for Customer or any acts omissions of Customer or any of its Derivative Parties, as defined in section 9 below. All such costs and damages shall be due and payable by Customer upon invoicing by B&B.

8.0 Insurance

8.1 B&B shall maintain workers' compensation insurance in accordance applicable state law and shall maintain employer’s liability insurance of no less than $500,000. Additionally, B&B shall maintain general commercial liability coverage in an amount of no less than $1,000,000 per occurrence and aggregate unless otherwise specified in the proposal. B&B reserves the right to increase pricing if different or greater insurance is required or if B&B is asked to enroll in OCIP or CCIP insurance.

9.0 Indemnity

9.1 To the fullest extent permitted by law, and in addition to any other indemnity obligation provided by law or agreed to by Customer and B&B, Customer shall defend, indemnify and hold harmless B&B, its respective officers, directors, representatives, agents, and employees (the “Indemnitees”), from and against any and all claims, suits, liens, judgments, damages (whether actual, special, consequential, or liquidated), economic loss, premiums for bonds, penalties, fines, citations, fees, or similar charge imposed by any governmental or quasi-governmental authority, and other losses and expenses, including reasonable attorney’s fees and court and arbitration costs (collectively “Loss”) for which Fault (as defined below) of Customer or any of its Derivative Parties (as defined below) is a cause, in whole or in part, of Loss to one or more of the Indemnitees, including without limitation Loss arising out of or relating to any of the following:

(a) a failure to comply with any term or condition herein or otherwise a breach of the Contract;

(b) bodily injury, sickness, disease, or death;

(d) failure to comply with any applicable law, regulation, ordinance, or directive of any authority with jurisdiction over the subject project or work.

As used herein, “Fault” shall mean a breach of contract; negligent, reckless, or intentional act or omission constituting a tort under applicable statutes or common law; or violations of applicable statutes or regulations.

As used herein, “Derivative Parties” of Customer shall mean any of Customer’s agents, employees, subcontractors, or other persons or entities for which Customer may be liable or responsible as a result of any statutory, tort, or contractual duty.

9.2 For the avoidance of doubt, Customer, not B&B, is liable for acts and omissions of Customer and all of its Derivative Parties, and to any extent that Customer or any of its Derivative Parties cause a Loss to B&B or to a third party that brings a claim against B&B for such Loss, Customer shall defend, indemnify, and hold B&B harmless from any such Loss.

9.3 Customer's obligation to defend, indemnify and hold harmless B&B shall be absolute, regardless of whether such claims or causes of actions are found to be invalid, groundless, or arise in part from the negligence of any B&B, except to the extent that such is prohibited by law. To the extent that the any indemnification language in the Contract conflicts with law, the prohibited language shall be modified to comply with the standard permitted for indemnity by applicable law.

9.4 The indemnification obligations herein shall not be limited by any limitation on the amount or type of damages, compensation, or benefits payable under workers compensation or other employee benefit laws.

10.0 Suspension and Termination

10.1 In the event of nonpayment of any B&B invoice within three calendar days of its due date, B&B shall have the right to suspend performance pending receipt of payment, and if payment due is not made within five calendar days after suspension, along with all applicable static charges due, B&B may terminate its obligations under the Contract.

10.2 B&B may immediately suspend operations if Customer fails to timely and property comply with any of the site conditions or safety requirements of the Contract, or if circumstances are such that B&B’s operator or representative believes in good faith that operation poses a reasonable risk to persons, property, or B&B equipment.

10.3 B&B may terminate the Contract for cause upon notice to Customer and passage of seven days’ without cure of the default cause, along with any applicable static charges. In such event, B&B shall be entitled to immediately remove its equipment from the site and to recover all amounts due per the Contract, plus other damages allowed by law.

10.4 B&B has the right to terminate the Contract for the convenience of B&B and without cause upon fourteen days’ notice Customer. In such event, B&B shall be entitled to immediately remove its equipment from the site and to recover payment of all amounts earned or due under the Contract as of the effective date of termination.

10.5 Termination for default or for convenience shall only be termination of B&B’s obligations to perform per the Contract, and shall not impair B&B’s rights to recover amounts due per the Contract nor release Customer from any of its indemnity or other obligations under the Contract.

11.0 Consequential Damages

11.1 Except for losses and damages covered by insurance required by the Contract, and except for Customer’s obligation to pay for down time and loss of use pending repair as provided herein, B&B and Customer waive all claims against each other for any consequential damages that may arise out of or relate to the Contract or the provision of equipment or personnel by B&B to Customer or the subject project.

12.0 Environmental; Drawings; Special Inspections

12.1 Customer must comply with all environmental rules and regulations and shall not permit the discharge of hazardous substances, including, but not limited to petroleum, flammables, explosives, radioactive materials, PCBs, asbestos, acid, sludge, or other items as defined by federal or state law as hazard materials on the site.

12.2 Customer agrees that any drawing or submittal provided by B&B relating to the project, a lift plan, load chart, means and methods, etc. are not for construction, are solely for convenience, and will not have been verified for correctness. B&B will provide no engineering or professional design services of any kind. All erection drawings, structural design, bracing design or sequencing, engineering, and the like are the responsibilities of others or Customer, not B&B.

12.3 In the event that special inspections, certifications, permits, or the like are required with respect to the B&B equipment or work, Customer will arrange for and pay for such.

13.0 Dispute Resolution

13.1 All claims, disputes, controversies, and other matters in question between B&B and Customer arising out of or relating to the Contract or the subject job or construction project shall be decided by binding arbitration, except that at its option, B&B may elect to commence a civil action against Customer in Brunswick County, North Carolina, rather than an arbitration, in order to obtain a money judgment for amounts owed by Customer resulting from an alleged breach of this Subcontract. No demand for arbitration may be made after the date when commencement of legal proceedings would be barred by the applicable statute of limitation or statute of repose. The party making the demand for arbitration must assert all claims then accrued to that party, and the opposing party shall respond within 20 days and must assert all counterclaims then accrued. It is specifically agreed for matters asserting $250,000 or less in dispute, the arbitrator shall be J. Jack Hooks, Jr., Retired Superior Court Judge, unless he is unable or unwilling to serve, and in such event, the parties shall attempt to agree on the arbitrator, and if they are unable, the arbitrator shall be selected per N.C. Gen. Stat. § 1-569.11. In matters greater than $250,000, each side may appoint a professional engineer to serve as an arbitrator and a retired North Carolina Superior Court or District Court Judge shall serve as the third arbitrator. The arbitration shall be conducted in Brunswick County, NC. The arbitration shall be conducted per the provisions of the North Carolina Revised Uniform Arbitration Act, except that discovery shall be limited as follows: (a) the parties shall voluntarily exchange Project related documents relevant to claims, counterclaims, and disputes between them within forty-five (45) days of the commencement of the arbitration, and the parties shall have a continuing duty to supplement their production; (b) within thirty (30) days after the voluntary exchange, each party may request other documents believed to be relevant and material to the issues but not otherwise provided and not readily available to the requesting party, which documents shall be produced or objected to in good faith within fifteen (15) days; any unresolved objection or other discovery issue shall be determined by the arbitrator(s); (c) discovery of experts shall be similar to that permitted by Rule 26(b)(4) of the North Carolina Rules of Civil Procedure, and such information shall be provided by the claimant within five (5) months of the commencement of the arbitration and by other parties within six (6) months of commencement of the arbitration; (d) discovery depositions shall be limited to one (1) party representative per side and designated experts, and no deposition shall exceed eight (8) hours. For good cause shown, the arbitrator(s) shall have the discretion to permit other discovery, yet the exercise of discretion shall take into consideration the parties’ agreed goals of a proceeding that (i) allows fair opportunities to present claims and defenses, and (ii) is concluded in a timely manner. Absent extraordinary circumstances of good cause found by the arbitrator(s), the hearing shall commence within nine (9) months of the commencement of the arbitration. Dates for pre-hearing exchange of exhibits and witness identification lists shall be mutually agreed or set by the arbitrator(s). The award rendered by the arbitrator(s) shall be final and judgment may be entered upon it in accordance with applicable law.

13.2 The prevailing party in any arbitration or litigation shall be entitled to recover reasonable attorneys’ fees and expenses.

13.3 Customer consents to exclusive jurisdiction and venue, of any arbitration or litigation, in Brunswick County, North Carolina.

14.0 Miscellaneous

14.1 The Contract represents the entire agreement between B&B and Customer with respect to the subject project, and supersedes all prior negotiations, representations, or agreements, either oral or written, with respect to the subject matter hereof. The Contract shall have priority over any inconsistent terms and conditions contained in any purchase order, addendum, or other document of Customer regarding provision by B&B of equipment or personnel.

14.2 The Contract may be amended only by the written agreement of B&B and the Customer. No waiver of any provision nor consent to any exception to the terms of the Contract shall be effective unless in writing and signed by the party to be bound, and then only to the specific purpose, extent, and instance so provided.

14.3 Should any term or provision of the Contract be found invalid, illegal or unenforceable, such term or provision shall be deemed severed from the Contract and it shall not affect the validity and enforcement of all remaining provisions and conditions of the Contract.

14.4 Any notice required, permitted, or given under the Contract may be given by certified mail, return receipt requested, or electronically transmitted to the e-mail address indicated above. If the sending party receives notice of any type of delivery failure, the sending party shall thereafter immediately serve the communication in person, by certified mail, or by overnight or same day courier. Either party who desires to change said address has the affirmative duty of notifying the other party.

14.5 If Customer’s signature below is transmitted electronically and/or signed and transmitted electronically, such shall be deemed effective as an original.

14.6 The Contract shall be deemed to have been executed in the State of North Carolina and shall be governed by the North Carolina laws, statutes, and case law precedent (other than choice of law principles if such would indicate law other than North Carolina).