Terms And Conditions

Thank you for Renting a Concrete Washout Basin(“CWB”) . The following terms and conditions (“Terms”) shall apply to you (“Renter”) and each subsequent Renter or user with respect to the CWB and all subsequent and prior CWBs rented from Basin Masonry. Please carefully review these Terms and contact Basin Masonry with any questions at 801-864-0429 or @basinmasonry.com. CWBs ARE DESIGNED FOR COMMERCIAL USE BY PROFESSIONALS AND SHOULD ONLY BE USED WHILE COMPLYING WITH INDUSTRY BEST PRACTICES REGARDING SAFETY AND THE TERMS SET FORTH HEREIN. Failure to comply with these terms, OR USE of a CWB IN AN IMPROPER OR UNSAFE MANNER, can result in personal injury (including, without limitation, SERIOUS BODILY HARM AND death), property damage, or other material losses or liability. Among other limitations on Basin Masonry’s liability set forth herein, Basin Masonry will not be responsible for any injury (including without limitation SERIOUS BODILY HARM AND death), property damage, or any other losses or liability incurred as a result of Renter’s use of a CWB. READ THESE TERMS CAREFULLY PRIOR TO rental AND/OR USE OF THE CWB, AND if the Renter does not agree with these Terms, do not use the CWB(s).

Terms of Use

Prior to each use of a CWB, Renter will ensure that the CWB is examined and inspected by an appropriately licensed engineer to verify that: (a) the CWB is in a safe and operable condition; (b) there are no cracks, gouges, excessive wear, rust, corrosion, warping, folding, or other damage (structural or otherwise) to the CWB, including the bed, sides, D-rings, and connection points; Any deviation from the foregoing factors is referred to as a “Discrepancy” for purposes of these Terms. DO NOT USE THE CWB WITHOUT ADEQUATE TESTING AND DO NOT USE THE CWB IF ANY INADEQUACY, DISCREPANCY, OR OTHER ISSUE (INCLUDING WITHOUT LIMITATION THOSE SET FORTH IN THIS SECTION) IS IDENTIFIED.

It is Renter’s responsibility to use safe lifting techniques and avoid dangerous conditions, and Renter will ensure that each CWB is at all times properly craned and/or hoisted, including without limitation adequately securing the CWB, using equipment that is adequately serviced and in a condition sufficient to support the CWB, and which can bear the weight of the CWB while fully loaded. DO NOT USE THE CWB IF OR WHILE IT IS IMPROPERLY HOISTED OR CRANED, WHEN WEATHER, ENVIRONMENTAL, OR LOCATION CONDITIONS CREATE A RISK OF DANGER, OR IN WHICH THE APPLICABLE LIFT OR CRANE IS NOT ADEQUATELY SECURED. DO NOT USE THE CWB WITH IMPROPER OR INADEQUATE EQUIPMENT.

Each CWB, when in good condition and without any Discrepancies, has a limited capacity or 0.75 Cubic Feet.

Renter will test the weight capacity and seams prior to each use to verify that the structural integrity of the CWB is unimpaired, the CWB is capable of bearing the weight associated with the intended use, and the seams remain watertight, such testing to be completed with respect to the lift method to be used for the applicable CWB. DO NOT FILL A CWB WITH MORE WEIGHT THAN THE LESSER OF: (A) THE WEIGHT SET FORTH IN THE FOREGOING PARAGRAPH FOR THE APPLICABLE LIFTING METHOD USED; OR (B) THE WEIGHT THE CWB IS CAPABLE OF BEARING BASED ON THE TEST CONDUCTED PRIOR TO THE APPLICABLE USE.

The CWB should be stored in a dry and room temperature location. Exposure to moisture, extreme cold or extreme heat may cause the CWB, the welding, to warp, fold, or otherwise become damaged or lose structural integrity. Any modification, alteration, or other adjustment of the CWB which has not been approved, in writing, by Basin Masonry is strictly prohibited, and any such modification, alteration, or other adjustment of the CWB may: (i) result in Discrepancies, (ii) compromise of the structural integrity or weight capacity of the CWB, or (iii) otherwise result serious bodily harm, personal injury, or other material damages or losses.

Renter IS SOLELY RESPONSIBLE FOR AT ALL TIMES MAINTAINING A SAFE WORKING ENVIRONMENT. UNDER NO CIRCUMSTANCES SHOULD ANY PERSON BE LOCATED UNDER OR ADJACENT TO A LIFTED OR HOISTED CWB OR IN A POSITION SUCH THAT ANY FAILURE, SLIPPAGE, CRACK, BEAK, ERROR, MIS-OPERATION, OR OTHER EVENT OR CIRCUMSTANCE COULD CAUSE THE CWB OR ITS CONTENTS TO FALL ON, SWING INTO, OR OTHERWISE IMPACT (DIRECTLY OR INDIRECTLY) ANY PERSON OR PROPERTY OR RESULT IN THE CWB OR ITS CONTENTS FALLING, SWINGING INTO, OR OTHERWISE IMPACTING (DIRECTLY OR INDIRECTLY) ANY PERSON. IF, IN THE COURSE OF USING THE CWB, THE CWB FLEXES, CRACKS, WARPS, STRETCHES, FOLDS, OR THE INTEGRITY OF THE CWB OTHERWISE BECOMES IMPAIRED IN ANY MANNER, IMMEDIATELY STOP ALL USE OF THE CWB AND TAKE CORRECTIVE ACTION. ALWAYS WEAR APPROPRIATE PERSONAL SAFETY GEAR WHILE USING THE CWB AND KEEP BYSTANDERS AND SPECTATORS A SAFE DISTANCE FROM THE CWB. NEVER LEAVE A HOISTED OR CRANED CWB UNATTENDED OR IN A POSITION WHICH IS UNSECURED.

Renter shall (a) maintain and replace safety and instruction labels on the CWB as necessary to ensure such safety and instruction labels are always visible and legible; and (b) only allow repair, service, or replacement of any portion of the CWB by an appropriately licensed professional to conduct such repair, servicing, or replacement of the CWB. Basin Masonry may, upon Renter’s request, identify such appropriately licensed professionals, but any such identification shall not constitute a representation or warranty with respect to such person and Renter is solely responsible for performing its own evaluation and making its own decision with respect to the skill, sufficiency, licensure, and insurance coverage of such person. Basin Masonry will have no liability for the failure of any referred person to adequately or properly repair, service, or replace the CWB.

The useful life of a CWB varies largely based on frequency of use, usage conditions, wear and tear, maintenance, storage conditions, and other factors. Renter is solely responsible for maintaining the condition of the CWB and evaluating the condition of the CWB prior to use as set forth herein. Basin makes no representation or warranty with respect to the useful life of the CWB.

Inspection, Acceptance of Goods, and Returns

Renter shall have 30 days to inspect the CWB and verify that the CWB meets the designated specifications. Basin Masonry will not accept any returns from, or issue any refunds to a Renter that rented the CWB directly from Basin Masonry unless: (a) the CWB is returned to Basin Masonry, at Renter’s expense, in the same condition as which the CWB left Basin Masonry’s yard; (b) Renter identifies, and Basin Masonry after its reasonable inspection agrees, that the CWB does not meet the specifications designated for such CWB; and (c) the CWB is returned within the 30 day inspection period from Basin Masonry’s shipment of the CWB (or, if applicable, the Renter’s pickup of the CWB from Basin Masonry’s yard). Any failure by the Renter to return the CWB and request a refund within such 30 day period shall be deemed an acceptance of the goods and acknowledgment that such goods are merchantable, free of defects and meet the specifications designated for such CWB.

If the CWB was rented by Renter from a third party vendor, Basin Masonry will have no obligation to accept any return of the CWB or issue any refund with respect to the CWB. Renter’s sole recourse will be to return the CWB to the third party vendor from whom the CWB was rented and request a refund from such third party, subject to and in accordance with the return and refund policies of such third party vendor. Basin Masonry makes no representation or warranty with respect to the return and refund policies of third party vendors and it is Renter’s obligation to evaluate such policies prior to purchasing the CWB from such vendor.

The Renter will inform Basin on the 28th day from their rental agreement’s start, to request Basin to pick up the CWB and end the rental agreement. If the renter dose does not inform Basin by the 28th day, Basin will assume CWB is still In use and will extend the rental agreement for an additional month. If Renter wants to end the rental agreement, the renter must contact Basin and inform basin when the rental agreement needs to be terminated.

Assumption of Liability

Renter understands that use of the CWB is inherently dangerous and that improper use may result in serious bodily harm or property damage (including, without limitation, permanent disability and death). By using a CWB, Renter assumes all risks and liabilities resulting from the use of such CWB. Basin Masonry neither assumes nor authorizes any person to assume on behalf of Basin Masonry any liability in connection with the rent or use of the CWB.

Payment Terms

With respect to CWB(s) rented directly from Basin Masonry, unless otherwise agreed to by Basin Masonry, the Renter shall pay all amounts due with respect to the Renter’s order of the CWB(s) and Basin Masonry will be under no obligation to deliver the CWB(s) to the applicable carrier until such time as all Previous amounts have been paid. To the extent Basin Masonry permits payment after shipment of the CWB(s), the payment terms associated with such order will be as set forth on the applicable quote and/or rental order. However, if the payment terms are not specified on the quote or the rental order, the following payment terms shall apply: the amount shall be payable in full within 30 days of issuance of the rental order and, to the extent not paid when due, all past due amounts will accrue a Fee equal to the lesser of: (a) $35 per day; or (b) the maximum rate permissible by law. Renter grants to Basin Masonry, and Basin Masonry shall maintain, a rental money security interest in the CWBs until such time as the rental price for the CWB(s) and all accrued interest thereon has been paid in full. Basin Masonry will charge Renter, and Renter will pay to Basin Masonry, a fee of $35 for each payment made by Renter that is returned, charged back, rejected, bounced, or otherwise reversed in not completed. In the case of a failed or returned credit card payment transaction, Renter agrees to be held liable for all charges. Payments received from Renter will be applied first to any outstanding fees, second to any accrued interest, and last to any principal balance outstanding. Basin Masonry may apply amount received from Renter against any past-due amounts, including fees, interest, or principal, even if such amounts are specified as payments for any other product or service.

With respect to CWB(s) rented from any vendor or reseller, Renter will be responsible for complying with the rental policies and procedures of such vendor or reseller. Basin Masonry makes no representation or warranty with respect thereto and Renter is solely responsible for evaluating such policies and procedures prior to making its rental. If Renter rents CWB(s) with a credit card, and a credit card dispute is initiated after the CWB(s) are delivered to Renter, both Parties will work to resolve the dispute within six months of product delivery. If the dispute cannot be resolved within six months of product delivery, the Renter will return the CWB(s) to Basin Masonry at Renter’s expense in the original condition as received.

Delivery

All CWBs are Rented: (a) if Basin Masonry has charged Renter and Renter has paid, pursuant to Incoterms 2010 CPT terms; and (b) if Basin Masonry has not charged Renter and Renter is coordinating its own shipping, pursuant to Incoterms 2010 FCA terms.

To the extent Basin Masonry coordinates shipping for the CWBs, Basin Masonry’s sole responsibility is to relay to the carrier the shipping terms specified in the order, provided Renter has paid for such shipping terms. Basin Masonry makes no representation or warranty regarding the delivery date as shipping, delivery, and performance dates are approximate and not guaranteed. Renter’s sole recourse with respect to any delay in the delivery date shall be against the third party carrier pursuant to the terms negotiated between Renter and such third party carrier if any. Basin Masonry will under no circumstances have any liability to the Renter for any losses, fees, costs, expenses, or damages of any type or nature resulting from any delay in shipment or delivery or which occurs during or in connection with shipping. Cancellation of any part of this contract shall not affect Renter’s obligation to pay (or Basin Masonry’s right to receive payment for) all amounts due from the Renter. A small Trip Fee will be added to deliveries delivered by Basin outside of a 50-mile radius from the point of shipping.

Compliance

Renter will comply with all requirements of law applicable to Renter’s in connection with its use of the CWB, including without limitation maintaining appropriate licenses and permits. Further, during any such time as Renter may, or may permit any third party, to use a CWB Renter will maintain a commercial general liability insurance policy and an errors and omissions policy, each in good standing, with policy and coverage limits sufficient to cover any liability which may arise in connection with or as a result of such use.

Liability

In addition to other limitations on liability set forth in these Terms, in no event will Basin Masonry be liable for: (a) any special, incidental, consequential, or punitive damages of any nature or for any reason (including without limitation any loss of profits, loss of reputation, loss of contract, work outage, delay, or increase in expenses), regardless of the form or action, whether in tort, contract, or otherwise, even if advised of the possibility; (b) any amounts arising out of any use of the CWB if the Terms of Use herein were not followed; or (c) any amounts which are paid for or covered by, or would be paid for or covered by, the insurance policies Renter is required to maintain pursuant to this Agreement. The aggregate liability, if any, of Basin Masonry to Renter will not exceed the amount paid to Basin Masonry by the Renter for the rental of the CWB or, if the Renter rented the CWB from a third party vendor or reseller, the amount paid to Basin Masonry by such third party vendor or reseller for such CWB. Basin Masonry makes no warranty, express or implied, regarding merchantability or fitness for a particular purpose, or any purpose.

Successors

If Renter sells, gifts, or otherwise transfers a CWB to any person or entity (“Successor”), Renter shall simultaneously provide such Successor with a copy of these Terms. Successor will be deemed to have assumed these Terms from Renter in all respects and these Terms will be fully binding upon such Successor with respect to the CWB.

Indemnification

Renter shall defend, indemnify and hold harmless Basin Masonry and its directors, officers, employees, parent, subsidiaries, divisions, affiliates, successors, and assigns (“Indemnitees”) from any and all costs, expenses, fees, fines, losses, or other damages incurred or sustained by Basin Masonry in connection with or as a result of, whether directly or indirectly: (a) Renter’s use or misuse of any CWB (including without limitation negligence and willful misconduct); (b) Renter’s failure to comply with any of the Terms; or (c) any other claims, actions, disputes, or proceedings with respect to the CWB(s). Renter hereby waives and releases Basin Masonry and all other Indemnitees from all rights of contribution or indemnity to which Renter may otherwise be entitled.

Survival

The rights and obligations of the parties set forth in these Terms will survive and continue in full force and effect, notwithstanding the termination of any order or contract.

Integration

These Terms constitute the entirety of the terms between Basin Masonry and Renter and supersede all conflicting provisions of Renter’s quotation or another document unless such other document is in writing and signed by an authorized representative of Basin Masonry.  This agreement shall be construed under the laws of the State of Utah and jurisdiction and venue to enforce the terms hereof shall be appropriate only in Salt Lake County, State of Utah, with the prevailing party entitled to an award of costs and attorney fees whether resolved through litigation or arbitration.