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Conditions of Sale

  1. PRICE

    All prices are subject to change without notice and are not guaranteed, except that prices for an order that have been accepted by Bishop Lifting Products, Inc. and/or its affiliates (“Seller”) are not subject to change after acceptance. Prices stated do not include any sales, use or excise tax or any other tax, duty or charge which is now in effect or may be hereafter imposed by any Federal, State or other authority. All such taxes, duties or other charges shall be paid by Buyer unless Buyer shall provide Seller an exemption certificate acceptable to the appropriate authorities.

  2. TERMS

    Terms are net 30 days from the date of Seller’s invoice. For Seller’s invoices which are not paid within the foregoing terms, Seller shall have the right, in addition to all other rights and remedies, to assess a late payment charge of one and one-half percent (1½%) (or the maximum allowed by law, if less) per month on the outstanding balance. In addition, Buyer shall be responsible for any and all fees and expenses incurred by Seller in collecting any payments due hereunder, including, but not limited to, attorneys’ fees and collection costs. If any check tendered by Buyer in payment is dishonored upon presentment for payment, then Seller, in addition to all other rights and remedies contained herein, may assess a dishonor charge of Fifty Dollars ($50.00).

  3. ORDERS AND ACKNOWLEDGEMENTS

    Seller reserves the right to refuse orders which may be submitted to it and will not be bound to fill any orders unless or until they have been accepted by Seller. Except as otherwise specifically set forth in writing, executed by Seller and Buyer, these Terms and Conditions of Sale shall govern the rights and obligations of the parties to the exclusion of any other terms and conditions. These Terms and Conditions of Sale shall govern in the event of any conflict with any terms proposed by Buyer, and are not subject to change by reason of any written or oral statements by Buyer or by any terms stated in Buyer's purchase order or confirmation of its order, unless such conflicting or additional terms are accepted in a writing making reference to this order and signed by an authorized representative of Seller.

  4. ORDER CHANGES

    Any Buyer requested changes to an existing order may result in new scheduled ship date for that order. If, pursuant to Buyer written direction or request, any change is made in the products to be furnished or any work to be performed, the agreed price will be equitably adjusted to reflect such change and the time for completion will be extended to the extent required to make such change. No change is binding on the parties unless mutually agreed in writing by the parties. These Terms and Conditions of Sale are subject to revision and change by Seller without notice, however, the then current Terms and Conditions of Sale shall be applicable to an order at the time it is accepted by Seller. Submission of an order by Buyer shall be conclusive evidence of acceptance of these Terms and Conditions of Sale.

  5. SHIPMENTS

    Prices and deliveries of products are Ex Works Seller’s facility. Upon delivery of shipments to the carrier, title to, and the risk of loss or damage in transit for, such shipments passes to Buyer. Shipping schedules are estimates only which cannot be guaranteed because of the nature of Seller’s products, and material, labor and manufacturing conditions beyond Seller’s reasonable control. Under no circumstances shall Seller be responsible for any inability or delay in meeting shipping schedules or for any loss or damage (whether direct or consequential) resulting therefrom.

  6. CLAIMS

    Claims on prices must be submitted within seven (7) days from the date of Seller’s invoice. Claims on errors in shipments must be submitted within seven (7) days from the date of delivery of the products.

  7. RETURNS

    All returns require prior approval and are subject to our full return policy as posted at https://lifting.com/return-policy.html. This includes restocking fees of up to 35%, a 30-day return window, and exclusions for fabricated, special-order, or cut-to-length items. Please review the full policy before initiating a return or requesting an exchange.

  8. CANCELLATIONS

    Order cancellations are subject to the terms outlined in our full cancellation policy, available at https://lifting.com/return-policy.html. Orders cannot be canceled once fabrication has begun or once the product has shipped. Cancellations may be subject to a fee of up to 25%, payable at the time of cancellation. Please review the full policy before attempting to cancel an order.

  9. MATERIAL AND FINISHES

    Specifications, weights, dimensions and descriptions are estimates but are not guaranteed and are subject to change without notice. Seller reserves the right to furnish materially equivalent substitutes for materials which cannot be obtained in sufficient quantities due to existing shortages. Cosmetic blemishes which do not affect performance shall not be considered a defect.

  10. WARRANTY

    As a distributor of products manufactured by others, Seller extends to Buyer any and all assignable warranties from the manufacturer of the product. Seller makes no warranties beyond those extended by the respective manufacturers. For products customized by Seller, Seller warrants to Buyer that such products sold hereunder shall be in compliance with the written specifications accepted by Seller. This warranty does not cover any damage or defect which arises in whole or in part from any act or omission by Buyer or by any other person or entity after delivery of the products Ex Works. No claim against Seller will be allowed unless asserted in writing within 90 days from the date of shipment of the products alleged to be defective. Notwithstanding anything to the contrary, Buyer’s exclusive remedy for Seller’s breach of the warranty set forth in this Section 11 shall be limited to either repair or replacement of non-conforming products or, in the sole discretion of Seller, an adjustment in the purchase price of the non-conforming products. In no event shall Seller’s liability under this Agreement exceed the purchase price of the allegedly non-conforming products.

  11. LIMITATION OF WARRANTY

    EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 10 ABOVE, SELLER MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS.

  12. LIMITATION OF LIABILITY

    SELLER SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION LOSSES) AS A RESULT OF THIS AGREEMENT (OR THE BREACH HEREOF) OR SUCH DAMAGES SUFFERED BY ANY PURCHASER OR END USER OF ANY PRODUCTS, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE.

  13. DEFAULT

    If Buyer shall become overdue on its account or otherwise defaults in any payment to Seller or if its financial condition shall at any time seem to Seller otherwise inadequate to warrant further shipment on an open account basis, Seller shall have the right, without liability, to refuse to accept any or all orders, to cancel any and all orders, to delay shipments to Buyer, or to require advance payment before accepting or shipping any orders.

  14. NON-ASSIGNMENT

    Buyer shall not assign its orders nor any of its rights or obligations thereunder without Seller’s prior written consent.

  15. CHOICE OF LAW

    These Terms and Conditions of Sale and any subsequent sales agreements between Seller and Buyer shall be governed by the laws of the State of Texas without regard to its conflicts of law principles. Each party hereto irrevocably consents to the jurisdiction of the courts of the State of Texas and agrees that the exclusive venue for any suit arising from or relating to these Terms and Conditions of Sale is Houston, Texas. EACH PARTY TO THIS AGREEMENT WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION BROUGHT IN CONNECTION WITH THESE TERMS AND CONDITIONS OF SALE. The United Nations Convention on Contracts for the International Sale of Goods expressly does not apply to this sale of goods

  16. WAIVER AND MODIFICATION

    No waiver or modification of any of the terms and conditions contained herein shall be effective unless such waiver or modification is in writing and signed by an authorized representative of Seller.

  17. EXCUSABLE DELAY

    Seller will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of products, or for any damages suffered by Buyer by reason of such delay, when such delay is, directly or indirectly, caused by, or in any manner arises from any Act of God, or the public enemy, war, compliance with law, governmental act or regulation, fire, flood, quarantine, embargo, epidemic, unusually severe weather, strike, work stoppage, acts or omissions of carriers or other cause (whether or not similar in nature to any of these herein before specified) beyond the control of Seller. In the event of such delay, there will be no termination and the date of delivery or of performance shall be extended for a period equal to the time loss by reason of the delay.

  18. PATENT INFRINGEMENT

    Seller takes no responsibility for the suitability of Buyer’s designs or installation procedures. If any products are manufactured or sold by Seller to meet Buyer’s particular specifications or requirements and are not part of Seller’s standard line offered by it to the trade generally in the course of Seller’s business, Buyer agrees to defend, protect and save harmless Seller against all suits at law or in equity and from all damage, claims and demands for actual or alleged infringement of any United States or foreign Letters Patent and to defend any suit or action which may be brought against Seller for any alleged infringement because of the manufacture or sale of the products covered hereby.

  19. CERTIFICATIONS

    All certification and verifications related to products (and the documentation associated therewith), including, but not limited to, certifications for testing and re-verification of products, shall be and remain the property of Seller.

  20. DISCLOSURE OF INFORMATION

    Any information, suggestions, or ideas transmitted by Buyer to Seller in connection with the performance hereunder shall not be deemed a secret or confidential or submitted in confidence to Seller, except as may be specifically agreed to in writing by Seller.

CONDITIONS OF RENTAL

  1. Applicability

    These terms and conditions apply to all quotations, invoices, Contracts, and transactions for the rental of goods, materials or equipment (the “Equipment”) described on the Rental Contract (“Contract’) cover page to which these terms and conditions are attached.

  2. Term, Automatic Renewal and Termination

    All rentals shall remain in force for the term set forth on the front hereof. Renewal thereafter for additional rental periods shall be automatic until either Customer or Company terminates this Contract. After the term set forth herein, the Contract may be terminated; I) by Company, by demanding the return of the Equipment; II) by Customer, by returning the Equipment to Company’s designated receiving point, or III) by Customer, by notifying Company, in writing or by telephone, that Customer does not wish rental to be renewed, and by Customer obtaining a termination number from Company for Equipment to be picked up by Company. Rent will accrue as outlined above until the Equipment is delivered to the Company in good working order.

  3. Customer Obligations

    1. Inspections and Acceptance of Equipment
      Customer’s receipt and possession of Equipment constitutes Customer’s acknowledgment that it has inspected the Equipment and accepts the Equipment in good condition, working order and repair as adequate, sufficient, and proper for the purposes for which Customer intends to use it; unless Customer notifies Company to the contrary, in writing, within three (3) days of Customer’s receipt of the Equipment. Customer’s use of the Equipment constitutes a full and complete acceptance of the terms and conditions of this Contract. If Customer receives any of the Equipment from a carrier in a damaged condition, or with any parts missing, Customer will obtain from carrier written acknowledgment of same.
    2. Payment
      1. Rental Amount
        Customer shall pay the rental amount in accordance with the terms specified on the rental invoices, together with charges for all services furnished by and all damages and sums due to Company under this Contract. Interest shall be charged at a rate of up to One and one-half percent (1-1/2%) per month, or portions thereof, from date of the invoice, on all amounts not paid when due. Customer’s obligation to pay all rentals due under this Contract shall not be affected by Customer’s inability to use the Equipment for any reason whatsoever.
      2. Computation of Rental Amount
        A day’s rental period comprises eight (8) hours. The minimum charge shall be one full day. A week’s rental period comprises seven (7) consecutive days. Days in excess of one week are charged at the daily rate. A month’s rental period comprises four (4) consecutive weeks. Days in excess of one month are billed at the daily rate. Weeks in excess of one month are billed at the weekly rate. Any use or operation of the equipment in excess of either eight (8) hours or a single shift in one day, forty (40) hours in any one week, or one hundred sixty (160) hours in any period of four consecutive weeks is considered overtime use. For overtime use Customer agrees to pay Company “Overtime Rent”, at the rate of fifty percent (50%) of the regular rate shown per day, per week, or per month, whatever the case may be, in addition to the minimum rent as provided above. The minimum rent shall be payable in all events for the entire term and until the Equipment is returned to Company, without regard to the time during which Equipment may have been used operated.

  4. Operation of Equipment

    Customer shall use the Equipment only for the purposes for which it is intended. Customer warrants that; 1. it and it’s appropriate personnel will read and comply with all the safety instructions; 2. it has received and reviewed the Operator’s Manual for the Equipment and understands the proper and safe operation and intended use of, and the maintenance requirements for the Equipment; 3. no person shall use or operate said Equipment if the operation instructions and/or safety/warning labels are missing, damaged, or in any way obscured; 4. it’s operators have been properly trained, and, if applicable, licensed, in the safe and proper operation and intended use of the Equipment; 5. it will ensure that all fluid levels (water, oil, etc.) are properly maintained at all times when equipment is in use. 6. CUSTOMER AGREES TO IMMEDIATELY NOTIFY COMPANY ABOUT ANY ACCIDENTS INVOLVING THE EQUIPMENT OR DAMAGE TO THE EQUIPMENT FROM ANY CAUSE WHATSOEVER, AND TO PRESERVE THE EQUIPMENT AND THE ACCIDENT AREA UNTIL SUCH TIME AS COMPANY HAS COMPLETED ITS INVESTIGATION.

  5. Repairs

    Customer is responsible for any damage to the Equipment while in Customer’s possession or care, except for reasonable wear and tear. Without limiting the foregoing, Customer is responsible for any losses or damage to equipment that occurs while being rigged, hoisted, or transported by the Customer or its subcontractor or agents. Customer shall not make, or allow anyone else to make, any alteration to the Equipment without Company’s written consent. If the equipment is returned in a damaged or inoperable condition, Customer shall pay to Company the prevailing rental rate for periods during which the Equipment shall remain unavailable for rent. If the Equipment cannot be repaired to the same condition as when first delivered to Customer, Customer shall pay the Company’s full list price for the Equipment in new and unused condition.

  6. Insurance

    Customer shall carry Commercial General Liability Insurance with limits of at least $2,000,000.00 General Aggregate and $1,000,000.00 Each Occurrence covering premises/operations, products and completed operations, personal injury liability with employment exclusion deleted and property insurance covering the rented Equipment. All policies must name Company as Additional Insured, must be primary in relation to any policies carried by Company to the extent of the liability assumed by Customer hereunder and must provide for waiver of all subrogation rights against Company. These insurance requirements are intended to cover indemnity obligations of Customer, however, Customer’s indemnity obligations shall not be limited to the amount of insurance required by this Contract. Customer waives all claims it may have against the Company to the extent any such claims are covered by insurance required to be carried by Customer. Customer shall provide Company with certificates of insurance coverage prior to acceptance of the Equipment. Failure of the Company to identify a deficiency in the insurance coverage required by this Contract shall not be construed as a waiver of the Customer’s obligation to provide and maintain such coverage.

  7. Indemnification

    TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, SETTLEMENTS, LIABILITIES, COSTS, EXPENSES, DAMAGES, LOSSES, FINES, AND JUDGMENTS (INCLUDING, WITHOUT LIMITATION, COURT COSTS, EXPERTS’ FEES AND ATTORNEY’S FEES)... [text continues with full indemnification clause as supplied] [Additional sections will be added sequentially until the full rental agreement text is incorporated.]

  8. Rental Rates

    (a) Shall be published
    (b) Will begin from the time the equipment is put on rent and until it is returned by the customer unless negotiated and / or agreed upon by both parties.
    (c) One day minimum will be charged for all equipment unless otherwise negotiated by rental parties.
    (d) Long term rentals may be negotiated.
    (e) Equipment exchanged due to misuse or damages shall be considered separate rentals.
    (f) Any additions or modifications to standard equipment setup (TLP’s, Special operations, etc.) will result in a separate charge for additional items / labor to meet individual company requirements in addition to the rental rate listed. Standard setup is listed above each type of equipment in this booklet. Call for pricing.
    (g) Published monthly rental rates are based on a 28 day billing cycle.

  9. Responsibility of Renter

    (a) Renter responsible for any loss, damage, or breakage and all maintenance while the equipment is in your possession and to hold us harmless from all claims arising there from.
    (b) Inspect all equipment upon delivery.
    (c) Proper preventive maintenance to include fuel filters, anti-freeze and lubricants, etc.
    (d) Proper and safe operation of equipment.
    (e) Insure that the equipment is not in any way altered or tampered with.
    (f) Payment at full replacement cost plus accrued rental on any item not returned.
    (g) Excluding normal wear and tear, payment in full for parts and labor to repair improperly used or damaged equipment.
    (h) Advise Bishop Lifting Rentals of purchase order numbers, job charges, offshore location, tax status or any other pertinent information. If your company requires purchase order numbers, it is your responsibility to issue them.
    (i) In case of a swap out, the rented equipment that is being swapped, must be returned to Bishop Lifting Rentals within 72 hours or it will be placed back on rent as a separate unit.
    (j) Equipment returned from rent is accepted subject to further inspection to determine if there are any missing parts or hidden damages.

  10. Wire Rope and Rigging Disclaimer

    (a) Bishop Lifting Rentals assumes no responsibility for the misuse, abuse or misapplication of any wire rope, chain, synthetic webbing or hardware sold. Improper use could cause property damage or personnel injury.

  11. Terms of Payment

    (a) Standard terms are net 30 days.
    (b) Litigation charges for the collection of delinquent accounts will be charged to the customer.

  12. Mechanic Rate

    (a) Mechanics are available for Bishop Lifting Rentals equipment only

  13. Pickup and Delivery

    (a) Permits are not included in regular pickup and delivery rates.
    (b) Any stand-by time in excess of one hour during delivery or pickup will be charged at $75.00/hour.
    (c) 24 Hour service available at all locations.
    (d) Delivery or pickup greater than 15 miles are quoted at the time of delivery or return to Bishop Lifting Rentals.
    (e) Any local delivery after normal working hours (7:00 AM - 5:00 PM) will be charged $50.00.

  14. Company’s Limitation of Liability

    Company shall not be liable to Customer, its affiliates or any third party for any damages in excess of amounts actually paid by Customer to Company hereunder, or for any special, consequential, exemplary, punitive or incidental damages (including lost or anticipated revenues or profits relating to the same), arising from any claim relating to this Contract. Customer’s sole remedy for any failure or defect in the Equipment shall be the termination of the rental charges at the time of failure, provided the Equipment is returned to the Company within 24 hours. Customer acknowledges and agrees that such remedy shall not be deemed or alleged by Customer to have failed of its essential purpose, at either law or in equity.

  15. Master Lessor or Secured Lender

    1. Customer acknowledges that the Equipment listed herein may be leased by Company from a third party (the “Master Lessor”) pursuant to a master lease or other contract (“Master Lease”) or may secure financing provided to Company by a lender (“Secured Lender”) pursuant to a loan and security contract or other contract (“Loan Contract”), and that notwithstanding anything to the contrary contained in the Contract, Customer’s interest in this Contract and the Equipment shall be subordinate to the rights of the Master Lessor and the Secured Lender, and their respective successors and assigns, under the Master Lease or Loan Contract, including but not limited to the right of the Master Lessor or Secured Lender to take possession of the Equipment upon default of the Company under the Master Lease or Loan Contract.
    2. Notwithstanding anything to the contrary contained in this Contract, any provision hereinafter, or any agreement that purports to be invalid under any applicable law, statute, or regulation shall be ineffective and deemed omitted, but this shall not affect any remaining provisions, nor shall it be construed as a waiver of Company’s rights or remedies.

  16. Severability

    If any provision of this Contract is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be ineffective only to the extent of such invalidity without affecting the remaining provisions of the Contract. All other provisions shall remain in full force and effect.

  17. Entire Contract; Amendment and Waiver

    This Contract and all Exhibits attached hereto and incorporated herein by this reference contain the entire Contract between the parties with respect to the subject matter and supersede any previous understandings or Contracts, whether written or oral, with the exception of any credit Contract between the Company and the Customer. No terms and conditions contained in any document issued by Customer shall apply. Additionally, the Company’s act of delivering Equipment to Customer or any other similar act by Company shall not be deemed an acceptance of any terms and conditions other than those set forth in this Contract. This Contract may be amended or any provision of this Contract may be waived only if such amendment or waiver is set forth in a writing executed by the Company.

  18. Further Assurances

    Customer agrees to execute and deliver such other documents and to take all such actions as Company, its successors, assigns, or other legal representatives may reasonably request to effect the terms of this Contract and the execution and delivery of any and all documentation as may be required.

  19. Governing Law

    These Terms and Conditions, their interpretation, and any disputes relating to or arising from them shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions.

  20. Notices

    All notices shall be written, delivered in person, by telecopy, or by first-class mail, postage prepaid, to the other party at its address on the front of this Contract or to such other address as may be specified to the other party by written notice.