TERMS & CONDITIONS
New Product Sales
1. Unless noted otherwise in special conditions, all prices are quoted F.O.B Bigman Geophysical, LLC, Norcross, GA, USA
2. All sales will be considered ExWorks, unless noted otherwise under special conditions. Bigman Geophysical, LLC will prepare and submit shipping and export documents, if so requested by the buyer, and Bigman Geophysical, LLC assumes no responsibility or will carry no liability for goods that are seized, detained or otherwise delayed or confiscated by any agency, in the course of transfer of goods to the end user destination.
3. All correspondence and purchase orders must reference the quotation/pro forma invoice number referenced on this document.
4. Software licenses are non-transferable single user licenses.
5. A warranty for equipment, parts and labor on all Bigman Geophysical, LLC distributed equipment is in effect for based on manufacturers warranty terms. Check specific terms of warranty from the manufacturer of equipment customer purchased from Bigman Geophysical, LLC. Customer is responsible for knowing warranty expiration dates.
6. Except as expressly set forth in this document, Bigman Geophysical, LLC disclaims any and all promises, warranties and representations, expressed, implied, statutory or otherwise, with respect to the products quoted, and specifically disclaims any warranty of merchantability, fitness for a particular purpose (irrespective of any previous course of dealings between the parties or usage of trade) or non-infringement with respect to the products quoted.
7. Unless otherwise stated all sales require 100% payment prior to shipping. Credit terms are not normally extended and exceptions require submission of financial integrity information satisfactory to our Finance Department. In case of credit card sales, shipment my be held until payment has been fully transacted by the credit card and banking channels.
8. Bank information for payment (USD ONLY):
Bank Name: Bank of America Bank
Address: 2800 Lawrenceville-Suwanee Rd Suwanee, GA 30024
Bank Phone: (770) 932-7140
Acct #: 334044512085
Routing #: 061000052 (for ACH)
Routing #: 026009593 (for Wire Transfer)
Swift Code: BOFAUS3N (for International Wire)
9. Please make cheques payable to "Bigman Geophysical LLC”
10. All transactions related to this document shall be governed by and construed in accordance with the laws of the State of Georgia and the federal laws of the United States of America applicable in the State of Georgia and shall be treated, in all respects as a Georgia contract. Each Party to this transaction irrevocably attorns to and submits to the jurisdiction of the Courts of Georgia with respect to any matter arising under or relating to this agreement.
11. Force Majeure. Neither party hereto will be liable to the other for default or delay in the performance of any of its obligations hereunder (except for the obligation of payment) due to act of God, accident, fire, flood, storm, riot, war, sabotage, explosion, strike, labor disturbance, national defense requirement, governmental law, ordinance, rule or regulation, whether valid or invalid, inability to obtain electricity or other type of energy, raw material,
labor, equipment or transportation, or any similar or different contingency beyond its reasonable control whether or not the contingency is of the same class of those enumerated above, it being expressly agreed that such enumeration shall be non-exclusive. The party whose performance is delayed by any such contingency shall have the right to extend any periods during which performance is required hereunder for a period of time equal to the
period of time during which such performance is delayed by the contingency.
The following terms apply to your rental of equipment or provision of services provided by Bigman Geophysical LLC. (Please read carefully.)
This agreement includes an indemnification clause, a class action and jury waiver, and limitations of Bigman Geophysical’s liability. By accepting delivery of the Equipment or Services (defined below) or making payment(s) to Bigman Geophysical for the same, Customer agrees to be bound by the Rental and Service Terms and RPP Terms (if applicable), even if the Rental and Service Agreement has not been fully executed.
a. "Agreement" means the Reservation Details, together with any associated Rental and Service Agreement, including these Rental and Service Terms which are incorporated by reference therein.
a. “Business" means Bigman Geophysical, Inc.
b. “Customer" means the person or entity identified as such in the Reservation Details or any representative, agent, officer, or employee of Customer.
c. "Equipment" means any one or more of the items identified as rental items in the Reservation Details and any accessories, attachments or other similar items delivered to Customer.
d. “Rental and Service Agreement” means the agreement made between Customer and Business for Business to rent Equipment and/or provided Services, whether that Agreement is made in person at the Store Location, online, or at the time of Equipment delivery, and which incorporates by reference these Rental and Service Terms and which identifies the Equipment to be rented by Customer. The Agreement incorporates these Rental and Service Terms by reference.
e. “Rental Period” means the period of time between the “Rental Out” and “Scheduled In,” set forth in the Rental & Service Agreement, except that the Rental Period may terminate earlier as provided in Sections 14 and 24 hereof or if Customer returns the Equipment earlier. “Credit Card” means the credit card provided by Customer as part of this Agreement or otherwise kept on file with Business.
f. “Reservation Details” means the Equipment, Rental Period, delivery information, payment information and other information set forth on the Confirmation/Order Summary Screen or the Rental and Service Agreement, as the case may be.
g. “Service” or “Services” means the services provided by Business in connection with the rental of Equipment including support
h. "Store Location" means the Business address set forth in the Rental & Service Agreement.
i. “Rental Protection Program” means optional damage waiver offered by Business for an additional charge, that limits Customer’s financial responsibility for resulting from damage to and/or theft of, the equipment.
2. Authority to sign; form contracts: Any individual signing the Agreement represents and warrants that he or she is of legal age and has the authority and power to sign this Agreement on behalf of Customer.
3. Indemnity/Hold harmless: To the fullest extent permitted by law, customer agrees to indemnify, defend and hold business , and any of its respective officers, agents, servants or employees, and affiliates, parents and subsidiaries, harmless from and against any and all liability, claims, loss, damage or costs (including, but not limited to, legal fees, loss of profit, business interruption or other special or consequential damages, damages relating to property damage, bodily injury or damages relating to wrongful death) arising out of or related to the (a) installation, operation, use, possession or rental of the equipment, or (b) errors, omissions or inaccuracies in the documents or other information provided by customer, or obtained from others, upon which business relies when providing the equipment or services. This indemnity provision also applies to any claims asserted against business based upon strict or product liability causes of action. However, customer shall not be obligated to
indemnify business for that part of any loss, damage or liability caused solely by the intentional misconduct or sole negligence of business. In furtherance of, but not in limitation of the indemnity provisions in this agreement, customer expressly and specifically agrees that the foregoing obligation to indemnify shall not in any way be affected or diminished by any statutory or constitutional limitation of liability or immunity customer enjoys from suits by its own employees. The duty to indemnify will continue in full force and effect notwithstanding the expiration or early termination of the agreement.
4. Inspection of equipment: Customer acknowledges that Customer has inspected the Equipment prior to taking possession thereof, finds it in good working order and repair, and suitable for Customer's needs. Customer has inspected or will inspect all hitches, bolts, safety chains, hauling tongues, and other devices and materials used to connect the Equipment to Customer's towing vehicle, if any. Customer acknowledges Business is not responsible for any damage to Customer's towing vehicle caused by detachable hitches or mirrors.
5. Limitation of liability: In no event shall Business be liable or responsible to Customer or any other party for: (i) any loss, damage or injury caused by, resulting from or in any way connected with the Equipment, its operation or its use; (ii) Business 's failure to deliver the Equipment as required hereunder or Business 's failure to repair or replace non-working Equipment; or (iii) any incidental, consequential, punitive or special damages, even if so advised of the possibility of such damages. Customer acknowledges and assumes all risks inherent in the operation, use and possession of the Equipment from the time the Equipment is delivered to Customer until the Equipment is returned to Business and will take all necessary precautions to protect all persons and property from injury or damage from the Equipment.
6. Customer responsibilities: Customer shall provide Business with the information and the documentation Business requests to assess, plan, and perform the Services and/or provide the Equipment. All Equipment is provided, and Services are performed based on information provided by Customer or others and Business is relying on the accuracy and completeness of such information in providing the Equipment and performing such Services. Customer recognizes that it is impossible for Business to assure the accuracy, completeness and sufficiency of information provided by others, either because it is impossible to verify, or because of errors or omissions that may have occurred in assembling such information. Customer is responsible for providing a secure and safe work environment for all parties, including Business and its employees, and for ensuring that the Services are carried out in compliance with applicable laws.
7. Use of equipment: Customer is familiar with the proper operation and use of each item of Equipment. Customer has selected the Equipment based on its requirements and will not use or allow anyone to use the Equipment for an illegal purpose or in an illegal manner; without a license, if required under any applicable law; or who is not qualified to operate it. Customer agrees to: (i) clean and visually inspect the Equipment daily; and (ii) immediately cease using the Equipment and immediately notify Business if Equipment needs repair or maintenance. Customer acknowledges that Business has no responsibility to inspect the Equipment while it is in Customer's possession. Business shall have the right to replace the Equipment with other reasonably similar equipment at any time and for any reason.
A. Cleaning. Prior to return, Customer shall clean the Equipment in accordance with the following requirements: (i) Cleaning must be performed by an independent contractor acceptable to Business ; (ii) it must be documented to Business ’s satisfaction; (iii) When a NDCL is required, Equipment must be triple-rinsed using a solvent capable of removing Regulated Materials, then purged to remove any vapors. Equipment can also be cleaned by another method capable of achieving equivalent removal to a NDCL; (iv) For Radioactive Materials, cleaning must comply with cleaning procedures set forth in the U.S.
Nuclear Regulatory Commission’s (“NRC”) Regulatory Guide 1.86 to achieve a NDCL; and (v) the independent contractor must certify that the cleaning meets the above specifications.
B. Return. Customer shall return the Equipment in a RCRA Empty Condition or NDCL in accordance with the terms set forth herein. If the Equipment does not meet the standard, Customer will undertake additional cleaning of Equipment, in accordance with all applicable law, to meet the standard, and will provide Business with written evidence of same. Business will not pick up the Equipment and Customer will continue to pay rental charges until the Equipment has been cleaned to the standards specified herein. If Customer is unable to clean the Equipment in accordance with the terms set forth herein, Customer shall pay Business for the full replacement value of the Equipment, plus any applicable taxes. Customer agrees that in such event it assumes full ownership of and responsibility for the Equipment and any residual contents and all related liability for the management, transportation, and disposal of such Equipment in accordance with all applicable laws. Customer agrees that it shall be the generator of any hazardous, solid, or radioactive waste generated as a result of Customer’s failure to return the Equipment in a RCRA Empty Condition or NDCL, and of any residual materials resulting from Customer’s attempt to clean the Equipment. Customer further agrees to indemnify, defend and hold Business harmless for any liability incurred by Business as a result of Customer’s breach of its obligations in this Section or as a result of Business being deemed a "generator" under applicable environmental laws. The foregoing indemnity obligation shall survive the termination or expiration of this Agreement.
8. Compliance with applicable laws: Customer shall, at Customer's sole expense, comply with all applicable municipal, state, and federal laws, ordinances and regulations (including but not limited to those relating to worker safety or the environment), building and zoning codes, professional licenses, and licenses and permits which may apply to the use of the Equipment (“Licenses and Permits”). Licenses and Permits include, without limitation, the discharge of treated water, and disposal of waste or spent Specialty Media or other materials, and security, traffic control and road crossings associated with the use of the Equipment. Customer shall ensure that the Equipment at all times remains movable personal property. Customer shall not permit or allow the Equipment to be incorporated, attached, or joined to any real or immovable property such that it causes the Equipment to be deemed a fixture.
9. Warranty/ Disclaimer of warranties: Business warrants that the equipment will be in good working order upon delivery and the services will be performed in a good and workmanlike manner. Except as expressly set forth herein, Business makes no warranties, express or implied with respect to the equipment, specialty media, or services and makes no warranties as to the merchantability of the equipment or its fitness for any particular purpose, including the performance of any filtration equipment to meet any applicable regulatory standard. There is no warranty that the equipment is suited for customer's intended use, or that it is free from defects or contaminants. Except as may be specifically set forth in the agreement, Business disclaims all warranties, either express or implied, made in connection with this rental transaction. In the event of a breach of the above equipment warranty, Business shall, at its sole cost and expense, repair or replace the equipment. In the event of a breach of the above service warranty, Business shall, at its sole cost and expense, re-perform the service.
10. Malfunctioning equipment: Should the Equipment be involved in an accident, become unsafe, malfunction, or require repair, Customer shall immediately cease using the Equipment and immediately notify Business. If such condition is the result of normal operation, Business will repair or replace the Equipment with reasonably similar Equipment in working order, if such replacement Equipment is available. Business has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse, or neglect. Customer's sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the
time of failure. Customer must return the Equipment to the Store Location within twenty-four (24) hours from the time of defect to terminate rental charges.
11. Return of equipment/ Damaged & lost equipment: At the expiration of the Rental Period, Customer will return the Equipment to the Store Location during Business 's regular business hours or if Business has agreed to pick up the Equipment, Business shall endeavor to pick up the Equipment within a commercially reasonable period of time after Customer notifies Business that the Equipment is called “off rent.” Customer is obligated to restore the Equipment to the same condition as when delivered, reasonable wear and tear (as defined below) excepted. Customer shall be responsible for all damages to or loss of the Equipment from the time the Equipment leaves the Store Location until the Equipment is either returned to the Store Location, including any damage during transit to or from Customer, or picked up by Business . In the case of the loss or destruction of any Equipment, or inability or failure to return same to Business for any reason whatsoever, Customer will pay Business the then full replacement list value of the Equipment together with the full rental rate as specified until such Equipment is replaced. If the Equipment is returned in a damaged or excessively worn condition, Customer shall pay Business the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been completed. Business shall be under no obligation to commence repair work until Customer has paid to Business the estimated cost therefor. Customer agrees that Business reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to damaged or lost Equipment within 30 days of the rental completion/check-in date by Business.
Disinfecting: During a widespread and/or global occurrence of an infectious disease, for Equipment handled by a person known or suspected to be infected or used in a known or suspected zone of infection including but not limited to permanent or temporary healthcare facilities and testing facilities, ambulance interiors, and biological laboratories, Customer shall disinfect the Equipment in accordance with the following: (i) disinfection must be performed by an independent contractor acceptable to Business; (ii) it must be documented to Business ’s satisfaction; (iii) in the event Customer is unable to disinfect in accordance the Equipment, Business will disinfect it and charge Customer for the costs incurred.
12. Reasonable wear and tear: Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one -shift basis (as defined in Section 14 below). The following shall not be considered reasonable wear and tear: (i) damage resulting from lack of lubrication, insertion of improper fuel or maintenance of necessary oil, water and air pressure levels; cavitation; or freezing; (ii) except where Business expressly assumes the obligation to service or maintain the Equipment, any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer's operation and maintenance manual; (iii) damage resulting from any collision, overturning or improper operation, including overloading or exceeding the rated capacity of the Equipment; (iv) damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of the Equipment or any part thereof; (v) wear resulting from use in excess of shifts for which rented; and (vi) any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry.
13. Late return: Customer agrees that if the Equipment is not returned by the end of the Rental Period, Business, in its sole discretion, may require Customer to do any of the following: (A) continue to pay the rental rate(s) applicable to the Equipment as specified in the Agreement; (B) for periods less than 24-hours, pay the full daily rental rate applicable to the Equipment; (C) pay any increased rental rate(s) in effect at the time of, or after, the expiration of the Rental Period; or (D) assess a pickup charge if the Tanks are not in RCRA Empty Condition. Customer agrees that Business reserves the right to charge the Credit Card, and/or Customer’s account for any amount owed by Customer pursuant to this section due to late return of Equipment.
14. Rental period/ Calculation of charges: Rental charges commence when the Equipment leaves the Store Location and end when the Equipment is either returned to the Store Location during Business ’s regular business hours or picked up by Business after Customer notifies Business that the Equipment is “off rent” and obtains an “off rent” confirmation number from Business. Pick-up and delivery by Business is subject to a “Delivery and Pick-up Service Charge,” the amount(s) of which are disclosed on the Rental and Service Agreement. Rental charges do not include the cost any applicable Taxes (as defined below), the Delivery and Pickup Service Charge, transportation surcharges, the cost of the Environmental Service Charge or other miscellaneous charges, the amount(s) of which are disclosed on the Rental and Service Agreement. Additionally, Business shall invoice Customer for any additional excess cleaning or repair costs, including: (i) removal of any alterations made by Customer to the Equipment; (ii) restoration of the Equipment to its original configuration; or (iii) transportation to and from an approved repair facility. As set forth herein, “Taxes” shall mean sales tax, goods and services tax, property taxes (including, without limitation, the Estimated Personal Property Tax Reimbursement Charge) or other taxes, levies and assessments required to be collected by Business from Customer at any time upon, or in respect of, the Equipment and/or this Agreement. Rental charges accrue during Saturdays, Sundays, and Holidays. Rental rates are for normal “one-shift” usage based on an eight (8) hours per day, 40 hours per week and 160 hours per four-week period. Customer's right to possess the Equipment terminates on the expiration of the Rental Period and retention of possession after this time is a material breach of the Agreement.
In California Only: Customer acknowledges that an estimated personal property tax reimbursement charge will be applied to all rented Equipment at a rate of up to 0.75% of the rental amount. By signing this Agreement, Customer agrees to pay this charge.
Deposit: In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the terms of this Agreement to be performed by Customer. Business reserves the right to require a 50% deposit on all rentals. In the event of any breach by Customer, the deposit will be credited against any damages, cost or expense incurred by Business because of the breach.
Payment: All amounts due hereunder shall be payable in full upon receipt of invoice by Customer. Customer acknowledges that timely payment of rental and service charges is essential to Business 's business operations and it would be impractical and extremely difficult to fix the actual damages caused by late payment. Customer and Business agree that there shall be added to all past due rental charges a late payment fee equal to the lesser of two percent (2%) per month (24% per annum) on any such payments outstanding after 30 days, or the maximum amount allowed by applicable law. Rental rates do not include sales tax, goods and services tax or other taxes, levies and assessments required to be collected by Business from Customer at any time upon, or in respect of, the Equipment and/or the Agreement (collectively, “Taxes”). Customer agrees that Business reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to late or past due payment(s) or rental charges or Taxes. In the event Customer asserts that a transaction is exempt from Taxes, Customer agrees to provide a valid tax exemption certificate. Should the transaction later be deemed taxable, Customer is obligated to reimburse Business for any Tax assessed that was attributable to Customer.
16. Title/ No purchase option/ No liens: Without exception, the Agreement is not a contract of sale, and title to the Equipment shall always remain with Business. Unless covered by a specific supplemental agreement signed by Business, Customer has no option or right to purchase the Equipment. Customer shall keep the Equipment free and clear of all mechanics and other liens and encumbrances.
17. Default: Customer shall be deemed in default should Customer fail to pay any amount when due hereunder; fail to perform, observe or keep any provision of the Agreement; become “Insolvent” (as defined herein), or should Business anticipate that Customer may become Insolvent; or otherwise be in default. If Customer is in default, Business may do any one or more of the following: (i) terminate the Rental Period; (ii) declare the entire amounts due hereunder immediately due and payable and commence legal action therefor; (iii) cause Business ’s employees or agents, with notice but without legal process, to enter upon Customer's property and take all action necessary to retake and repossess the Equipment, and Customer hereby consents to such entry, re-taking and repossession and hereby waives all claims for damages and losses, physical and pecuniary, caused thereby and shall pay all costs and expenses incurred by Business in retaking and repossessing the Equipment; or (iv) pursue any other remedies available by law. Customer shall be considered “Insolvent” if Customer shall generally not pay, or be unable to pay, or admit its inability or anticipated inability to pay its debts as such debts become due; make an assignment for the benefit of creditors, or petition or apply to any court or tribunal for the appointment of a custodian, receiver, or trustee for it or a substantial part of its assets; commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or hereafter in effect; have had any such petition or application filed or any such proceeding commenced against it in which an order for relief is entered or an adjudication or appointment is made; or take any action indicating its consent to, approval of or acquiescence in any such petition, application, proceeding or order for relief or the appointment of a custodian, receiver or trustee for all or any substantial part of its properties.
18. Customer's insurance coverage: Customer agrees to maintain and carry, at Customer’s sole cost, property insurance for the full replacement cost of the Equipment, including coverage for all risks of loss or damage to the Equipment. Customer shall obtain insurance policies that provide, or are endorsed to provide, that all insurance required hereunder is primary and non-contributory to any other insurance maintained by Business. Business shall be named as an additional insured for liability insurance and, if applicable, additional loss payee for property insurance. Any deductibles or self-insured retentions shall be the sole responsibility of the Customer. All insurance required by the Agreement shall include a waiver of rights of recovery against Business or its insurers by the Customer and its insurers, as well as a waiver of subrogation against Business or its insurers. The policies required hereunder shall provide that Business must receive not less than 90 days’ notice prior to any cancellation.
19. Rental Protection Program “RPP”: For all rentals of equipment Customer must either provide proof of property insurance in accordance with section 18 of the Rental & Service Terms above, or the Customer can purchase the optional RPP offered by Business. While the RPP is not an insurance policy, it offers a damage waiver to limit your financial responsibility for damage to, and/or theft of, the equipment. The purchase of the RPP is not mandatory. The RPP must be purchased or declined simultaneously with the execution of the executed Rental & Service Agreement.
In return for payment of the fee set forth in the Rental and Service Agreement, Business agrees to limit its rights under Sections 11 and 18 thereof as follows:
A. Damage Waiver: Subject to the conditions set forth herein, Business waives its right to collect amounts from Customer exceeding:
· 50% of cost for repairs or retail value for replacement cost of equipment under $10,000
· 60% of cost for repairs or retail value for replacement cost of equipment between $10,001-$20,000
· 70% of cost for repairs or retail value for replacement cost of equipment between $20,001-$30,000
· 75% of cost for repairs or retail value for replacement cost of equipment between $30,001-$60,000
· Coverage is not available on equipment with a replacement value over $60,000
B. Exclusions: Business will not waive any claim for loss or damage to tires and tubes caused by blow out, bruises, cuts, punctures or other causes inherent in the use of the Equipment: or resulting from intentional abuse or misuse of the Equipment. Such losses shall remain subject to Section 11 of the Rental and Service Agreement.
C. Fee: Customer shall pay a fee equal to 15% of the rental charges under the Rental & Service Agreement, plus applicable state and local taxes, plus applicable state and local taxes, in exchange for participation in the RPP as set forth in section.
20. No assignment, lending or subletting: Customer shall not sublease, sub rent, assign or loan the Equipment without first obtaining the written consent of Business, and any such action by Customer, without Business ’s written consent, shall be void. Customer agrees to use and keep the Equipment at the job site set forth in the Agreement unless Business approves otherwise in writing. Business may at any time, without notice to Customer, transfer or assign the Agreement or any Equipment or any moneys or other benefits due or to become due hereunder.
21. Services provided in connection with rental of equipment: Rentals may include on-site training for Customer’s employees, 24/7 technical assistance and on-site support, and monitoring of selected installing trades. Customer hereby consents to Business’s use of a third-party technician to perform installation and hook-up
services of the Equipment, if necessary. Unless otherwise agreed to in writing by the parties, Customer shall (i) perform daily inspection and maintenance of Equipment during the Rental Period; (ii) decontaminate Equipment of any chemical or hazardous fluids; (iii) obtain all necessary permits and regulatory inspections; (iv) load and unload all rental Equipment from trailers (if applicable); (v) allow Business to arrange and/or perform service on all Equipment when necessary for long-term rentals; and (vi) shall provide a safe and secure location for the storage of equipment during the rental period.
22. Order of precedence: These terms and conditions and the Agreement shall control over any terms and conditions contained in Customer’s purchase order or similar documents and such other terms are hereby rejected by Business. In the event that Business signs Customer’s purchase order or similar document, such signature shall be solely for the purpose of acknowledging the order; it being the express intent of the parties that the Agreement and these terms and conditions shall govern all rental and service transactions.
23. Class action waiver: Customer agrees that any claims or proceedings brought by Customer relating to this Agreement will be conducted on an individual basis, and not on a class-wide, collective, or representative basis, and that any one person’s claims or proceedings may not be consolidated with any other claims or proceedings. Customer will not sue Business as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Business. Nothing in this paragraph, however, limits Customer’s right to bring a lawsuit as an individual plaintiff.
24. Jury waiver: The federal and state courts in the county in which the Store Location is located shall have exclusive jurisdiction over all matters relating to this Agreement. Trial By Jury Is Waived. In order to effect service of process on Business, please contact the Secretary of State Corporations Division or the equivalent office in your state to obtain the name of the registered agent and the registered office address that is on file with the Secretary of State for Business. Business shall be entitled to decrees of specific performance (without posting bond or other security) in addition to such other remedies as may be available.
1. Any failure of Business to insist upon strict performance by Customer of any terms and conditions of this Agreement shall not be construed as a waiver of Business 's right to demand strict compliance. Customer has carefully reviewed this Agreement and waives any principle of law which would construe any provision hereof against Business as the drafter of this Agreement. Any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement.
2. Customer agrees to pay all reasonable costs of collection, court costs, attorneys' fees and other expenses incurred by Business in the collection of any charges due under this Agreement or in connection with the enforcement of its terms.
3. Customer shall pay the rental charges without any offsets, deductions, or claims.
5. Business shall have the right to immediately repossess the Equipment, without any liability to Customer, in the event of (i) permanent closure of the Store Location; (ii) declaration of any emergency, disaster or similar situation by any federal, state or local government; or (iii) as otherwise set forth in this Agreement.
26. Criminal warning: The use of false identification to obtain Equipment or the failure to return the Equipment by the end of the Rental Period may be considered a theft subject to criminal prosecution pursuant to applicable criminal or penal code provisions.
27. GPS tracking: Customer and Business each consent to the collection and monitoring of electronic information, including Global Positioning System (“GPS”) data, generated by or in connection with Customer’s use of or the location of the Equipment. Customer agrees that Business owns the data described in this paragraph and may use such data, including GPS data, for any purpose, including commercial purposes.
28. Force Majeure: Neither party shall be liable to the other party for failure to comply with the terms of the Rental and Service Agreement or performance of its obligations hereunder to the extent such failure has been caused by Force Majeure, provided that the non-performing party shall give notice to the other party as soon as commercially possible and shall exercise reasonable efforts to resume performance. For the purposes of the Rental and Service Agreement, “Force Majeure” shall mean fire, war, insurrection, act of terrorism, riots, flood, hurricane, typhoon, earthquake, tornado, mudslide, tsunami, and any other natural disaster, pandemic, or other causes beyond the reasonable control and not due to the fault of the non-performing party.