TERMS & CONDITIONS - ASSESSMENT AGREEMENT AND REGISTRATION FORM
1. CUSTOMER understands and agrees that by performing services hereunder RWS Crane & Rigging "RWS" does not assume, abridge, abrogate, or undertake to discharge any duty or responsibility of CUSTOMER to any other party or parties. CUSTOMER AGREES, IN CONSIDERATION OF RWS UNDERTAKING TO PERFORM THIS ASSESSMENT, TO RELEASE, PROTECT, DEFEND, INDEMNIFY, AND SAVE HARMLESS RWS AND ITS EMPLOYEES FROM ANY AND ALL CLAIMS, DAMAGES EXPENSES, DIRECT, INDIRECT, OR CONSEQUENTIAL FOR INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR IN CONSEQUENCE OF THE PERFORMANCE OF THE ASSESSMENT, REGARDLESS OF THE FAULT, NEGLIGENCE OR STRICT LIABILITY OF RWS OR ITS EMPLOYEES.
2. Unless otherwise specified therein in writing, nothing contained in the Reports of RWS shall be deemed to imply or mean that RWS has analyzed or opined on any crane maintenance, report, training or safety program of CUSTOMER or any other person.
3. RWS represents that the Services shall be performed within the price limit agreed with CUSTOMER, and in a manner consistent with the level of care and skill ordinarily exercised by other providers of similar services under similar circumstances. RWS MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. IT IS AGREED THAT IF RWS SHOULD BE FOUND LIABLE FOR ANY LOSSES OR DAMAGES ATTRIBUTABLE TO THE SERVICES HEREUNDER IN ANY RESPECT, ITS LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT OF THE FEE PAID BY CUSTOMER FOR SUCH SERVICES, AND CUSTOMER's SOLE REMEDY AT LAW OR IN EQUITY SHALL BE THE RIGHT TO RECOVER UP TO SUCH AMOUNT. CUSTOMERS HEREBY RELEASES RWS FROM ANY SUCH EXCESS LIABILITY, REGARDLESS OF THE FAULT, NEGLIGENCE, OR STRICT LIABILITY OF RWS.
5. INSURANCE - A certificate of insurance will be provided upon request. RWS does not sell insurance. Anyone seeking insurance coverage related to the ownership or operation of cranes should contact an insurance agent.
6. RWS shall retain copies of training files for a period of Five years after which such files will be destroyed.
7. These RWS Terms and Conditions of Sale (the “Terms”), along with the purchase order document issued by CUSTOMER (but excluding any terms and conditions in such purchase order document which conflict with these Terms) constitutes the entire agreement between RWS and CUSTOMER. RWS rejects any conflicting terms contained in any order or acceptance submitted by CUSTOMER. CUSTOMER understands and agrees that but for CUSTOMER’s acceptance of these terms and conditions of sale, RWS would not have contracted with CUSTOMER, and RWS has relied upon CUSTOMER’s acceptance of all these terms in entering into this contract.
8. Whenever performance by either party is delayed or prevented by war, insurrection, fire or other casualty, strikes or embargoes, shortage of transportation facilities or any other similar or dissimilar causes, beyond the control of such party, such delay or prevention shall be excused and the time of performance hereunder extended for the duration of the causative factor, provided however, that CUSTOMER shall not be relieved of its obligations hereunder to make timely payment when due.
9. Any use by CUSTOMER of RWS's Reports or the information contained therein is conditional upon timely payment of all fees and expenses.
10. ALL PAYMENTS ARE DUE THE WEEK BEFORE YOU ARE SCHEDULED FOR CLASS. ALL COURSES ARE NON-REFUNDABLE BUT CAN BE RESCHEDULED.
11. THE CUSTOMER shall pay all costs associated with compliance to any subpoena for documents, testimony in a court of law or for any other purpose relating to work performed by RWS in connection with work performed for CUSTOMER, at RWS's then applicable rates. Costs include but are not limited to hourly personnel charges, travel and accommodations, advice of counsel and all other.
12. CERTIFICATE(S) - Upon completion, attendee certificate(s) will be sent to the Company/Contact Person who ordered the training. Invoices must be paid in full before certificate(s) will be released.
