The monthly rental charges and/or unit purchase prices listed are based on current unit purchase prices and are subject to adjustment to the prevailing rental charge and unit purchase price in effect at the time of invoicing. Rentals on all leased items commence immediately upon the date of shipment and cease on date of return to Dayton warehouse as shown on shipping documents. All rentals, which shall be invoiced monthly, and purchases are due and payable within 30 days from date of invoice. For leased items, each week is presumed to have 7 days and each month 28 days, and pro-rations will be made on this basis. Invoices not paid in full by the due date are subject to a late charge of 1 and 1/2% per month or the maximum amount allowable by law, whichever is less, on the unpaid balance from the due date until payment is made in full. Customer shall have the right to return leased items at any time, it being strictly understood and agreed that there shall be a minimum rental period of one month and all rental charges shall be prorated after the expiration of the minimum period.

Unless otherwise provided on the reverse side hereof, this Agreement does not include wood of any kind (except that which is part of a prefabricated panel or item), or the unloading, cleaning, assembly or erection of the items after delivery.

All leased items shall, at the termination of the lease, be returned to the shipping point, unless otherwise directed by Dayton, in the same condition as at the beginning of the rental, reasonable wear through careful use excepted. Any leased items not returned shall be billed at the prevailing unit price in effect at time of such billing and any leased items damaged shall be repaired in such manner as is deemed necessary in Dayton’s sole discretion, at the expense of the Customer. Dayton shall have the right to collect from the Customer such amounts it has expended for repair as though such charges were additional rental.

The Customer agrees to pay in addition to the rental charge and/or purchase price listed on the reverse side hereof, all transportation charges from the shipping point to destination and in the case of leased items the return thereof, it being agreed that all transactions are F.O.B. shipping point. Transportation charges will be billed at the applicable tariff classification rate lawfully on file with the Interstate Commerce Commission and/or governing bodies, at the time of shipment. All carriers shall be the agents of Customer and all arrangements for the return of leased items are the responsibility of the Customer.

Customer agrees to inspect the equipment against shipping documents upon receipt of the shipment at destination. All claims for loss or damage in transit must be made against the carrier by Customer. Claims for shortages or improper or damaged equipment for which Dayton would be responsible, will not be recognized by unless a written notification specifying in detail the nature of the claim shall be furnished to Dayton within 72 hours after receipt of shipment at destination.

In the event additional items, other than those specifically covered by this Agreement, are requested by Customer to be shipped, such additional items shall be subject to these terms and conditions and must be accompanied by a written purchase order.

Dayton shall not be responsible for delays in performance and reserves the right without penalty or obligation, to suspend shipment of items covered by this Agreement in the event of strikes, labor or transportation interruption, accident to plant or equipment, fire, floods, acts of God, failure or delay in Customer approving design drawings or other contingencies beyond the control of Symons.

In the case of leased Symons brand forming equipment, Customer shall carry insurance to the full insurable value of the items leased, against loss by fire, theft and other insurable hazards, for the benefit of Dayton Superior, its successors and assignees. Customer shall be responsible for all damages for any injury or death sustained by any person or persons and for all damage to property growing out of any act or deed, or any omission to act by the Customer or any subcontractor or any servant, agent or employee of the Customer. Customer shall indemnify, save and keep Dayton
Superior harmless against all liabilities, judgments, costs, damages and expenses which may in any way come against Dayton Superior for or on account of injury received or death sustained by any person or persons and for all damage to property caused by any act or deed, or any omission to act of the Customer or any subcontractor, or any servant, agent or employee of the Customer, in the performance of work with the items specified herein or any of them, or in which such items are used, except where such liability results from the negligence of Dayton Superior, agents or employees, or from the faulty design and/or manufacture of items manufactured by Dayton Superior.

Customer agrees not to subject the items to abuse or misuse and to comply with and conform to all laws, ordinances, rules and regulations relating to the possession, safe and proper use and maintenance of the items, and to save Dayton harmless against actual or asserted violations thereof. Customer agrees to pay promptly when due all taxes and other public charges against or upon the purchase, possession, use or rental of the items covered by this Agreement.

Title to the leased items is, and at all times remains in Dayton Superior’s name. In the case of leased items, Customer agrees to permit Dayton or its agents to enter the premises of the Customer, during reasonable hours, for the purpose of inspecting the leased items, and/or to inspect the leased items being used at a construction site. Customer agrees that leased items will not be moved or transferred from one construction jobsite to another nor shall any other person or entity be permitted to use the leased items for any purpose, without prior written consent of Dayton Superior.

Any erection drawings furnished by Dayton to the Customer are provided as a service to Customer to conceptually illustrate the assembly of all Dayton equipment and products only. Such drawings are not intended to be fully directive nor cover engineering details on Symons brand equipment or products or materials not furnished by Dayton Superior, or their interconnection. Inasmuch as Dayton Superior does not control jobsite assembly or procedures, grade or quality of materials, or equipment supplied by others, it is the responsibility of the Customer to integrate drawings into composite drawings suitably complete for construction purposes, consistent with safe practices and overall project objectives. In the case of custom designed formwork, design drawings shall be furnished by Dayton Superior for Customer’s approval prior to any fabrication of custom formwork. Dayton Superior shall not be responsible in the event of any deviations, changes or alterations to the recommended assembly details described in forming equipment layout drawings unless such deviations, changes or alterations are illustrated in a revised drawing or are approved in writing by an authorized Dayton Superior representative.

Dayton Superior warrants that all items covered by this Agreement (which for purposes of this paragraph shall include products, drawings and engineering services) will be free from defects in material and workmanship at the time of delivery, and in the case of custom designed formwork will possess the characteristics contained in the approved design drawings. Any claim under this warranty must be made within a reasonable time after delivery. Upon satisfactory demonstration of the merits of the claim, Dayton Superior will, within a reasonable time, make any necessary repairs or corrections, or at the option of Dayton Superior, replace defective items free of charge. Charges for correcting defects will not be allowed, nor can items returned for credit be accepted, unless Dayton Superior is notified in writing and the return or correction authorized in writing. This warranty will not apply to any items which have been subjected to misuse, neglect or accident. Dayton Superior shall in no way be liable for indirect, consequential, special or resultant damages, including, without limitation, personal injuries, loss or damage to any property of any kind, or any other injury whatsoever, whether caused directly or indirectly by, or arising in connection with, the rental, purchase, installation or use of items. The sole liability of Dayton Superior in connection with the rental, purchase, installation or use of the items, shall be for the repair or replacement of defective items as provided herein, and except as expressly hereinabove provided, Dayton Superior Corporation MAKES NO OTHER GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED.

In case of default of any installment of rent or payment of purchase price when due, or upon the breach of any other condition of this Agreement, or if Dayton Superior shall deem the items to be in jeopardy, the full amount of the rent or purchase price unpaid herein shall become due and payable forthwith at the election of Dayton Superior, and may, at its option without notice or demand and without legal process, take possession of such items wherever they may be located, whereupon all rights of Customer in such items shall terminate absolutely, but Customer shall not be released from its obligations under this Agreement until the full amount of the unpaid rent or purchase price, together with all other obligations to pay under these terms, have been paid in full. If it is necessary for Dayton Superior to file suit to enforce any provision of this Agreement, Dayton Superior shall be entitled to receive its costs of suit and attorney’s fees from the Customer.

Customer shall, when applicable, have the option to purchase any or all of the leased items in accordance with the terms and conditions of the then prevailing standard purchase option, by contacting a Dayton Superior sales representative.

In the event Customer has issued or does issue a purchase order or orders covering the items contained in this Agreement, it is agreed and understood by the parties hereto, that said purchase order or orders shall have been issued only for the administrative convenience of Customer, and all terms and conditions thereon shall be of no legal effect, nor binding upon Dayton Superior and this agreement for a credit account with Dayton Superior shall be superior to any other agreement

Customer payment with credit card(s) can only be accepted by Dayton Superior at the time of lease and/or purchase.

This Agreement contains the full and entire agreement between the parties hereto, and shall be effective from and after its approval by Dayton Superior as signified by signature of customers authorized representative hereon, subject to credit approval by Dayton Superior. Credit by Dayton Superior will not be granted without a signature affixed to this agreement by an authorized party with contract binding power representing the customer. This Agreement shall not be amended or altered in any manner unless such alteration or amendment is in writing and executed on behalf of Dayton Superior by one of its officers. This Agreement shall be construed in accordance with the laws of the State of Illinois and shall be binding upon the heirs, personal representatives, successors and assignees of the parties hereto. The venue for any litigation and/or arbitration shall be in the County of Cook, State of Illinois.

Dayton Superior Corporation assumes no liability for charges resulting from noncompliance with “Made In America” requirements if Buyer / lessor does not notify Dayton in writing at the time the order is placed. Buyer / lessor will be responsible for all charges up to and including restocking fees, the full cost of replacement products and any and all damages incurred due to the failure to communicate the proper Made In America requirements to Dayton Superior Corporation in advance of shipment.