General Terms and Conditions

Except to the extent of any willful misconduct or gross negligent act by Company, the Customer shall indemnify and hold Company harmless from any claim, proceeding, judgment or order (judicial or administrative), lien, security interest, liability, loss, damage, cost, expense (including reasonable attorneys’ fees), penalty or fine, or forfeiture or seizure (collectively, “Damages”) that the Company may sustain or be subjected to, to the extent, directly or indirectly caused by: (a) any damage to or loss of the mats while in the Customer’s possession due to any cause, including, without limitation, collision, fire, lightning, theft, explosion, flood, windstorm, or act of God; (b) any injury to or death of any third party or any employee, contractor, or agent of Customer, or any damage to the property of any third party as a result of the Customer’s use or the condition of the mats; (c) the failure, actual or alleged, of the Customer to properly use or maintain the mats as provided under this Agreement and in compliance with any applicable laws; and (d) any negligent act or omission of the Customer, its employees, agents, representatives, or subcontractors.

The Company shall indemnify and hold the Customer harmless from any Damages (as defined above) that the Customer may sustain or be subjected to as a result of, directly or indirectly, any willful misconduct or gross negligent act by the Company, its employees, agents, representatives, or subcontractors for any injury or death of any third party, or any damage to the property of any third party.

MAT RENTAL AND LEASE

The Customer agrees to obtain comprehensive general liability insurance, covering any damage to, or loss or theft of the mats while in the possession of, and used by, the Customer, and in the event of any personal injury or property damage claims relating to the mats while in Customer’s possession.

Upon request by the Company, the Customer shall furnish to the Company a certificate of insurance evidencing the foregoing coverage in amounts and with insurance companies reasonably approved by the Company and naming the Company, its affiliates, and subsidiaries, as an additional insured and a loss payee. Such insurance shall provide for no less than thirty (30) days prior notice to the Company for any termination or cancellation of such coverages.

  • The Company either has good and marketable title to the mats shipped to the Customer hereunder or has full rights to provide the mats to the Customer.
  • The mats shall conform to Company specifications.
  • The mats will not infringe the intellectual property rights of any third party.
  • Company will use commercially reasonable efforts to deliver mats to the Customer per the Customer’s requirements. However, Company will not be liable for any damages associated with mat deliveries by a third-party carrier.
    THE WARRANTIES SET FORTH IN THIS PARAGRAPH ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY, OR OTHERWISE, AND WHETHER IN CONTRACT, TORT, OR OTHERWISE. SALE, RENTAL, OR LEASE OF THE MATS IS MADE ON THE BASIS THAT THERE ARE NO ADDITIONAL EXPRESS OR IMPLIED WARRANTIES THAT THE PRODUCT DELIVERED HEREUNDER WILL BE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE.