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Temporary Fencing Service Schedule

All Project Work Orders (‘PWO”) that include temporary fencing and/or other related portable barriers (hereinafter collectively referred to as (“Equipment” or “Fence” or “Fencing”), shall be subject to the terms set forth in this Schedule and the terms herein shall be deemed to be included in the Service Agreement (“Agreement”) as if fully rewritten therein. In the event of any conflict between the provisions of this Schedule and the Agreement, the provisions of this Schedule shall prevail as it relates to temporary fencing and/or other related portable barriers.

1. Equipment

Customer shall inspect the Equipment within twenty-four (24) hours of completed installation and immediately notify Company in writing of any objection to or defect in the Equipment. Customer’s failure to do so shall constitute an acceptance of the Equipment "As Is" and an acknowledgment that the Equipment is in good repair and in a safe, usable condition.

Unless otherwise arranged, the Equipment will follow ground level. Customer shall fully cooperate in allowing Service Provider’s installation by: (a) clearing sufficient working area of all obstructions and removable hazards; (b) surveying, grading, locating, staking a fence line and verifying all property lines and identifying all utility lines; (c) notifying and safeguarding Service Provider’s crew of all potential work area hazards; and (d) coordinating Service Provider’s work with the activities of all other persons at the job site, including but not limited to other contractors, crews, supervisors, architects and owners.

If Customer fails to provide, in a timely manner, a safe and unobstructed work area, Company may, at its option, terminate this Agreement or postpone the installation until Customer complies herewith. In either case, Company may recover all expenses incurred as a result of such delay. If Customer, after Service Provider has begun or completed its installation, requests relocation of the Equipment or other departure from the information on the PWO, Customer shall pay all expenses associated with such change order.

Customer authorizes the Service Provider to drive on the premises, identified in the PWO, in order to deliver and place the Equipment. Customer warrants to Company that it owns the premises or has express authorization to place the Equipment on the premises identified as the service address. Customer shall be responsible for personal injury and/or property damage (“Damages”) arising from or relating to Customer’s or its agent’s negligence or unauthorized movement, use or misuse of the Equipment and except in the case of recklessness or intentional misconduct, Customer assumes full risk of all Damages to persons or property resulting from the delivery, placement, or retrieval of the Equipment and releases Company and Service Provider from any and all responsibility for such Damage.

Upon the delivery of the Equipment to the location as designated in the PWO, Customer shall not move, transport or attempt to move or transport (either directly or indirectly) the Equipment from the designated site without prior notice to and consent from Company, which may be withheld within the sole discretion of Company. In the event that a relocation of the Equipment is required in order to comply with applicable laws and regulations and/or to allow the Service Provider to perform the Services, then a relocation charge may be assessed by Company within its discretion. Customer, shall be solely responsible for any fees, penalties, fines, assessments, charges, costs and expenses incurred in connection with the movement, placement, damage and/or use of the Equipment. Company may arrange for the pick-up of the Equipment at any time if required to do so by local, county and/or state law or as required by order of any local, county and/or state government or agency.

2. Care of Equipment

While at Customer's location and until returned to Service Provider's facility, Customer shall bear the risk of loss and damage to Equipment including but not limited to damage or loss caused by theft, vandalism, forces of nature, use, or misuse of the Equipment. Customer shall not: (a) allow any lien, charge or encumbrance to be levied against the Equipment; (b) sell, dispose of, transfer, assign, pledge or relocate the Equipment; (c) allow others to take or assume possession of or control over the Equipment or allow it to become affixed to any real property; (d) allow any alteration of or diminution to the Equipment; or (e) allow any personal property to be connected to the Equipment.

Customer agrees that all Equipment furnished under this Agreement to Customer must be returned to Service Provider in the same condition as delivered, subject only to normal wear and tear. In the event of damage, Customer shall pay the lesser of (a) the cost of repair, or (b) the cost of replacement, which will be billed to the Customer in the event of loss. No loss or damage to Equipment, in whole or in part, shall impair Customer’s payment obligations under this Agreement.

3. Safety Warning

Customer acknowledges that Customer has read and understood the following WARNING and will provide a copy of this WARNING to all persons who have safety oversight or responsibility for the area in which the temporary Fence is located.

WARNING: Service Provider’s trained personnel take special precautions to ensure that the Fencing is properly installed and securely anchored so that it will not fall over under reasonably foreseeable conditions. Fencing that is anchored by above-ground stands, however, presents a higher risk of falling over than Fencing that is anchored directly into the ground. A falling Fence can cause serious injury or death to persons, or damage to property, in the vicinity of the Fence. To reduce these risks, follow these rules:

  • Never relocate, reposition, or alter fencing from its original installation. If you need to relocate, reposition, or alter the fence, contact the Company.
  • Never attach a shade screen, banner, advertisement, or signage to a temporary Fence anchored on stands that could increase the force of wind on the fence.
  • Keep all persons and property at least 10 feet away from temporary Fencing during high winds or when other environmental conditions might affect its stability.
  • Before deciding to use temporary Fencing on stands, consider whether a Fence anchored into the ground is a feasible and safer alternative given the site-specific and work-specific conditions and hazards.
  • Never use temporary Fencing for anything other than its intended purpose.

4. Permits

Customer acknowledges that certain locations and/or uses of the Equipment may require a permit, license, certification or other local, municipal, city, county and/or state approval relating to the possession, placement, storage and/or transportation of the Equipment (collectively referred to hereinafter as a “Permit”). Unless otherwise stated in the applicable work order, Customer (and not Company) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession and use of the Equipment. In the event that Customer fails to obtain and/or maintain all necessary and required Permits, Company may arrange for the pick-up of the Equipment without prior notice to Customer and without any liability to Customer.

Effective 2.22.2024