Terms and Conditions

INNOVATIV HOISTING LLC
STANDARD TERMS AND CONDITIONS OF RENTAL

ONLY TERMS AND CONTAINED IN STANDARD LEASE OR RENTAL AGREEMENTS PREPARED BY INNOVATIV HOISTING MAY SUPERSEDE, AMEND OR MODIFY THOSE HERE BELOW.

PART 1:

• IF THE EQUIPMENT DOES NOT WORK PROPERLY, NOTIFY THE OFFICE AT ONCE.
• MULTIPLE SHIFTS OR OVERTIME RATES MAY APPLY.
• CUSTOMER IS RESPONSIBLE FOR REFUELING, DAMAGES, AND REPAIRS.

1. The total charges are an estimate based on the estimated rental period and other information provided by Customer.
2. Customer assumes all risks associated with the Equipment during the Rental Period, including injury and damage to persons, property and the Equipment.
3. Customer is responsible for and shall only permit properly trained, Authorized Individuals to use the Equipment.
4. If the Equipment does not operate properly, is not suitable for Customer’s intended use, does not have operating and safety instructions or Customer has any questions regarding use of the Equipment, Customer shall not use the Equipment and shall contact Innovativ Hoisting immediately.
5. Equipment misuse or using damaged or malfunctioning Equipment may result in serious bodily injury or death and Customer agrees that Customer (i) assumes all risk associated thereunder, and (ii) indemnifies Innovating Hoisting entities for all claims or damages as a result of misuse or use of damaged or malfunctioning Equipment.
6. Customer must contact Innovativ Hoisting to request pickup of Equipment, retain the Pick-Up Number given by Innovativ Hoisting and will be responsible for Equipment until actually retrieved by Innovativ Hoisting.
7. COMMERCIAL PREPJUDGMENT REMEDY WAIVER OF HEARING AND NOTICE: THE PARTIES ACKNOWLEDGE THAT THIS CONTRACT CONSTITUTES A COMMERCIAL TRANSACTION AS SUCH TERM IS USED AND DEFINED IN CHAPTER 903A IF THE CONNECTICUT GENERAL STATUTES, SEC. 52-278A ET SEQ., AND THE CUSTOMER HEREBY EXPRESSLY WAIVES ANY AND ALL RIGHTS WHICH MAY BE CONFERRED UPON IT BY SAID STATUTES TO ANY NOTICE OR HEARING PRIOR TO A PRE-JUDGEMENT REMEDY. CUSTOMER HAS A RIGHT TO CHALLEGE ANY PREJUDGMENT REMEDY. CUSTOMER FURTHER AGREES TO THE ADDITIONAL TERMS/CONDITIONS IN SECTION 21 ON THE REVERSE SIDE OF THIS CONTACT.
8. By signing the rental agreement, customer has received, read, understands, and agrees to the estimated charges and all the terms and conditions on this page, as well as all additional terms and conditions below.

PART 2:

1. DEFINITIONS: “Authorized Individuals” are those individuals that Customer directly or indirectly allows to use the Equipment, are properly trained to use the Equipment and are not under the influence of any drugs, alcohol, substances or otherwise impaired. “Customer” is identified on the front side hereof and includes any of its representatives, agents, officers, employees or anyone signing this Contract on its behalf. “Equipment” is the equipment and/or services identified on the front side hereof, together with all replacements, repairs, additions, attachments and accessories and all future Equipment rented. “Incident” is any fine, citation, theft, accident, casualty, loss, vandalism, injury, death or damage to person or property, claimed by any person or entity that appears to have occurred in connection with the Equipment. Equipment is considered “Lost” when it is either stolen, its location is unknown or Customer is unable to recover it for a period of 30 days. “MSLP” is the Equipment manufacturer’s suggested list price on or about the date of the Incident relating to the Equipment. “One Shift,” means not more than 8 hours per day and 40 hours per week. “Ordinary Wear and Tear” means normal deterioration considered reasonable in the equipment rental industry for One Shift use. “Pick-Up Number” is the number Customer obtains from INNOVATIV HOISTING LLC evidencing the Customer’s call to pick up Equipment. “Rental Period” commences when the Equipment is delivered to Customer or the Site Address and continues until the Equipment is returned to the Store or picked up by INNOVATIV HOISTING LLC during normal business hours, provided Customer has otherwise complied with this Contract. “RPP” is the rental protection plan described in Section 10. “Site Address” is the location that Customer represents the Equipment will be located during the Rental Period (identified on the front side hereof). “Store” is the INNOVATIV HOISTING LLC location identified on the front side hereof.
2. TERMS: Customer’s rental of Equipment is conditioned upon Customer’s agreement with this Contract and all of its terms. Customer’s execution of this Contract or taking possession of the Equipment shall be deemed acceptance of the terms herein. All of the terms herein (including on the front side of this Contract) are incorporated into this and all past and future contracts between INNOVATIV HOISTING LLC and Customer upon Customer’s receipt of INNOVATIV HOISTING LLC’s Equipment under those contracts. Any reference in Customer's purchase order or other Customer document to other terms that shall control this transaction shall be void. Customer rents the Equipment from INNOVATIV HOISTING LLC pursuant to this Contract. Customer shall pay INNOVATIV HOISTING LLC the rental rates (including any minimum rental on the front side hereof) and other charges described herein when due, return the Equipment to INNOVATIV HOISTING LLC as required herein and otherwise comply with this Contract. This Contract is a true lease. The Equipment (a) is and shall remain the personal property of INNOVATIV HOISTING LLC and (b) shall not be affixed to any other property.
3. PERMITTED USE: Customer agrees that INNOVATIV HOISTING LLC has no control over the manner in which the Equipment is operated during the Rental Period by Customer or any third party that Customer implicitly or explicitly permits. Customer warrants that: (a) prior to each use, Customer shall inspect the Equipment to confirm that it is in good condition, without defects, includes readable decals and operating and safety instructions and is suitable for Customer’s intended use; (b) any apparent agent at the Site Address is authorized to accept delivery of the Equipment (and if Customer requests, Customer authorizes INNOVATIV HOISTING LLC to leave the Equipment at the Site Address without requirement of written receipt); (c) Customer shall immediately notify INNOVATIV HOISTING LLC if the Equipment is Lost, damaged, unsafe, disabled, malfunctioning, levied upon, threatened with seizure, or if any Incident occurs; (d) Customer has received from INNOVATIV HOISTING LLC all information needed or requested regarding the operation of the Equipment; (e) INNOVATIV HOISTING LLC is not responsible for providing operator or other training unless Customer specifically requests in writing and INNOVATIV HOISTING LLC agrees to provide such training (Customer being responsible to obtain all training that Customer desires prior to the Equipment’s use); (f) only Authorized Individuals shall use and operate the Equipment; (g) the Equipment’s use shall be in a careful manner, in compliance with all operating and safety instructions provided on, in or with the Equipment and all applicable federal, state and local laws, permits and licenses, including but not limited to, OSHA, as revised; and (h) the Equipment shall be kept in a secure location.
4. PROHIBITED USE: Customer shall not (a) alter or cover up any decals or insignia on the Equipment or remove any operational or safety equipment or instructions; (b) assign its rights under this Contract; (c) move the Equipment from the Site Address without INNOVATIV HOISTING LLC’s written consent; (d) use the Equipment in a negligent, illegal, unauthorized or abusive manner, or in any publication (print, audiovisual or electronic); or (e) allow the use of the Equipment by any unauthorized individual (Customer acknowledging that the Equipment may be dangerous if used improperly or by untrained parties).
5. MAINTENANCE: Customer shall perform routine maintenance on the Equipment, including routine inspections and maintenance of fuel and oil levels, grease, cooling system, water, batteries, cutting edges, and cleaning in accordance with the manufacturer’s specifications. All other maintenance or repairs may only be performed by INNOVATIV HOISTING LLC or its agents, but INNOVATIV HOISTING LLC has no responsibility during the Rental Period to inspect or perform any maintenance or repairs unless Customer requests a service call. If INNOVATIV HOISTING LLC determines that repairs to the Equipment are needed, other than Ordinary Wear and Tear, Customer shall pay the full repair charges and rental of the Equipment until the repairs are completed. INNOVATIV HOISTING LLC has the right to inspect the Equipment wherever located. Customer has the authority to and hereby grants INNOVATIV HOISTING LLC and its agents the right to enter the physical location of the Equipment for the purposes set forth herein. INNOVATIV HOISTING LLC shall be responsible for repairs needed because of Ordinary Wear and Tear. Customer agrees that repair or replacement of the Equipment is Customer’s exclusive remedy for INNOVATIV HOISTING LLC’s breach of this Section. Notwithstanding INNOVATIV HOISTING LLC’s service commitment, INNOVATIV HOISTING LLC shall have no obligation if Customer breaches this Contract to stop the Rental Period, commence repairs or rent other equipment to Customer until Customer or its agent agrees to pay for such charges.
6. CUSTOMER LIABILITY: DURING THE RENTAL PERIOD, CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE POSSESSION, CONTROL OR USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, RENTAL CHARGES, THEFT, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING CUSTOMER TRANSPORTATION, LOADING AND UNLOADING, WHETHER OR NOT THE CUSTOMER IS AT FAULT. After an Incident, Customer shall (a) immediately notify INNOVATIV HOISTING LLC, the police, if necessary and Customer’s insurance carriers; (b) secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident, until INNOVATIV HOISTING LLC or its agents investigate; (c) immediately submit copies of all police or other third party reports to INNOVATIV HOISTING LLC; and (d) as applicable, pay INNOVATIV HOISTING LLC, in addition to other sums due herein the rental rate for Equipment until the repairs are completed or Equipment replaced plus either (i) the MSLP or (ii) the full charges of repairs of damaged Equipment. Accrued rental charges shall not be applied against these amounts. INNOVATIV HOISTING LLC shall have the immediate right, but not obligation, to reclaim any Equipment involved in any Incident.
7. NO WARRANTIES: INNOVATIV HOISTING LLC does not design or manufacture the Equipment and is not the agent of those that do. INNOVATIV HOISTING LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST INNOVATIV HOISTING LLC. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES INNOVATIV HOISTING LLC ENTITIES FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF INNOVATIV HOISTING LLC’S OBLIGATIONS HEREIN.
8. RELEASE AND INDEMNIFICATION: TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, HOLDS INNOVATIV HOISTING LLC HARMLESS AND AT INNOVATIV HOISTING LLC’S REQUEST, DEFENDS INNOVATIV HOISTING LLC (WITH COUNSEL APPROVED BY INNOVATIV HOISTING LLC), FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEY’S AND/OR LEGAL FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO ANY INCIDENT, DAMAGE TO PROPERTY, INJURY OR DEATH OF, ANY PERSON, CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR CONNECTED WITH THE (a) USE, POSSESSION OR CONTROL OF THE EQUIPMENT DURING THE RENTAL PERIOD OR (b) BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED IN PART BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. CUSTOMER ALSO AGREES TO WAIVE ITS WORKERS’ COMPENSATION IMMUNITY, TO THE EXTENT APPLICABLE. Customer’s indemnity obligations shall survive the expiration or termination of this contract. All of Customer’s indemnification obligations under this paragraph shall be joint and several.
9. INSURANCE: During the Rental Period, Customer shall maintain, at its own expense, the following minimum insurance coverage: (a) general liability insurance of not less than $1,000,000 per occurrence, including coverage for Customer’s contractual liabilities herein such as the release and indemnification clause contained in Section 8; (b) property insurance against loss by all risks to the Equipment, in an amount at least equal to the MSLP thereof, unless RPP is elected and paid for at the time of rental; (c) worker’s compensation insurance as required by law; and (d) automobile liability insurance (including comprehensive and collision coverage, and uninsured/underinsured motorist coverage), in the same amounts set forth in subsections (a) and (b), if the Equipment is to be used on any roadway. Such policies shall be primary, non-contributory, on an occurrence basis, contain a waiver of subrogation, name INNOVATIV HOISTING LLC and its agents as an additional insured (including an additional insured endorsement) and loss payee, and provide for INNOVATIV HOISTING LLC to receive at least 30 days prior written notice of any cancellation or material change. Any insurance that excludes boom damage or overturns is a breach. Customer shall provide INNOVATIV HOISTING LLC with certificates of insurance evidencing the coverages required above prior to any rental and any time upon INNOVATIV HOISTING LLC’s request. To the extent INNOVATIV HOISTING LLC carries any insurance, INNOVATIV HOISTING LLC’s insurance will be considered excess insurance. The insurance required herein does not relieve Customer of its responsibilities, indemnification, or other obligations provided herein, or for which Customer may be liable by law or otherwise.
10. RENTAL RATES: The total charges specified in this Contract are: (a) estimated based upon Customer’s representation of the estimated Rental Period identified on the front side hereof (rental rates beyond the estimated Rental Period may change) and other information conveyed by Customer to INNOVATIV HOISTING LLC; and (b) for the Equipment’s use for One Shift, unless otherwise noted. Weekly and 4 week rental rates shall not be prorated. Rental charges accrue during Saturdays, Sundays and holidays. The rental rates do not include and Customer is responsible for, in addition to all rental rates and other charges shown in this Contract, (i) all consumables, fees, licenses, present and future taxes and any other governmental charges based on Customer’s possession and/or use of the Equipment, including additional fees for more than One Shift use; (ii) delivery and pickup charges to and from the Store, including but not limited to any freight, transportation, delivery, pickup and surcharge fees listed in this Contract; (iii) maintenance, repairs and replacements to the Equipment as provided herein; (iv) a cleaning fee if required; (v) miscellaneous charges, such as fees for lost keys; (vi) fuel used during the Rental Period and for refueling Equipment as described below; (vii) fines for use of dyed diesel fuel in on-road Equipment; and (viii) an Environmental Fee (described below). The convenience charge for off road diesel fuel does not include governmental motor fuel taxes or charges. INNOVATIV HOISTING LLC collects these fees as revenue and uses them at its discretion.
11. PAYMENT: Customer shall pay amounts due, without any offsets, in full at the time of rental, unless INNOVATIV HOISTING LLC approves Customer’s executed credit application (credit customers must pay, upon receipt of INNOVATIV HOISTING LLC’s invoice). Customer must notify INNOVATIV HOISTING LLC in writing of any disputed amounts, including credit card charges, within 15 days after the receipt of the invoice/contract or Customer shall be deemed to have irrevocably waived its right to dispute such amounts. At INNOVATIV HOISTING LLC’s discretion, any credit account with a delinquent balance may be placed on a cash basis, deposits may be required and the Equipment may be picked up without notice. Due to the difficulty in fixing actual damages caused by late payment, Customer agrees that a service charge equal to the lesser of 1.5% per month or the maximum rate permitted by law shall be assessed on all delinquent accounts, until paid in full. Customer shall pay a fee of $75 for each check returned for lack of sufficient funds to compensate INNOVATIV HOISTING LLC for its overhead for processing missed payment. Deposits will only be returned after all amounts are paid in full. Customer agrees that if a credit card is presented to pay for charges or to guarantee payment, Customer authorizes INNOVATIV HOISTING LLC to charge the credit card all amounts shown on this Contract and charges subsequently incurred by Customer, including but not limited to, loss of or damage to the Equipment and extension of the Rental Period.
12. RETURN OF EQUIPMENT: INNOVATIV HOISTING LLC may terminate this Contract at any time, for any reason. At the end of the Rental Period, the Equipment shall be returned to INNOVATIV HOISTING LLC in the same condition it was received, less Ordinary Wear and Tear and free of any hazardous materials and contaminants. Customer will continue to be responsible for rental and other charges after the Rental Period if the Equipment is not returned in the condition required herein. If INNOVATIV HOISTING LLC delivered the Equipment to Customer, Customer shall notify INNOVATIV HOISTING LLC that the Equipment is ready to be picked up at the Site Address and obtain a Pick-Up Number, which Pick-Up Number Customer should keep as proof of the call; provided Customer remains liable for any loss, theft, damage to or destruction of the Equipment until INNOVATIV HOISTING LLC confirms that the Equipment is returned in the condition required herein. Customer will not be charged the rental charges after the date the Pick-Up Number is given, provided Customer has otherwise complied with this Contract. No pickups occur on Sundays or statutory holidays and Saturday pickups are dependent on specific Store hours. If Customer picked up Equipment, Customer shall return Equipment to the same Store during that Store’s normal business hours. If the Equipment is not returned by the estimated end of the Rental Period specified on the front side hereof, Customer agrees to pay the applicable rental rate for the Equipment until the end of the Rental Period.
13. PURCHASES: If this Contract identifies any Equipment, materials or other items that is to be purchased by Customer, INNOVATIV HOISTING LLC sells and delivers such items to Customer on an “AS IS, WHERE IS” basis, with all faults and without any warranties (other than manufacturer warranties, if any) in consideration for Customer’s payment to INNOVATIV HOISTING LLC of the full purchase price of the item, INNOVATIV HOISTING LLC retains title to the item until Customer has paid in full.
14. DEFAULT: Customer shall be in default if INNOVATIV HOISTING LLC deems itself insecure or if Customer: (a) fails to pay sums when due; (b) breaches any Section of this Contract; (c) becomes a debtor in a bankruptcy proceeding, goes into receivership, takes protection from its creditors under any insolvency legislation, ceases to carry on business, or has its assets seized by any creditor; (d) fails to insure the Equipment as required, or otherwise places the Equipment at risk; (e) fails to return Equipment immediately upon INNOVATIV HOISTING LLC’s demand; or (f) is in default under any other contract with INNOVATIV HOISTING LLC. If a Customer default occurs, INNOVATIV HOISTING LLC shall have, in addition to all rights and remedies at law or in equity, the right to repossess the Equipment without judicial process or prior notice. Customer shall pay all of INNOVATIV HOISTING LLC’s costs, including reasonable costs of collection, court costs and/or reasonable attorneys incurred in exercising any of its rights or remedies herein, including but not limited to filing a lawsuit. The use of false identification to obtain Equipment or the failure to return Equipment by the end of the Rental Period may be considered theft, subject to criminal prosecution and civil liability where permitted, pursuant to applicable laws. INNOVATIV HOISTING LLC shall not be liable due to seizure of Equipment by order of governmental authority. CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST INNOVATIV HOISTING LLC FOR SUCH REPOSSESSION.
15. FUEL: For Equipment that uses fuel, Customer has three options: (a) Prepay Fuel Option - Customer may purchase a full tank of fuel for the Equipment at the start of the rental, in which case a “convenience charge” will appear on this Contract (calculated by multiplying the estimated fuel capacity of Equipment by the Prepay per gallon rate). As an added benefit, Customer may return the Equipment full of fuel and the convenience charge will be refunded (however, if not returned full, Customer will not obtain any credit for fuel left in the Equipment upon return); (b) Pay on Return Option- if Customer returns Equipment with less fuel than when received, Customer shall pay a refueling charge (calculated by multiplying gallons required to refill tank with fuel to level when received, by the Pay on Return per gallon rate); and (c) Return Full Option – if Customer returns the Equipment with at least as much fuel as when it was received (most INNOVATIV HOISTING LLC Equipment comes with a full tank of fuel, but not all), no fuel charge will be assessed. The cost of Customer refueling Equipment itself will generally be lower than the Prepay Fuel Option or the Pay on Return Option; however these options each allow for the convenience of not refueling.
16. LIMITATION OF INNOVATIV HOISTING LLC’S LIABILITY: IN CONSIDERATION OF THE RENTAL OF EQUIPMENT, CUSTOMER AGREES THAT INNOVATIV HOISTING LLC’S LIABILITY UNDER THIS CONTRACT, INCLUDING ANY LIABILITY ARISING FROM INNOVATIV HOISTING LLC’S OR ANY THIRD PARTY’S COMPARATIVE, CONCURRENT, CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY STRICT OR ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER THIS CONTRACT.
17. JURY TRIAL WAIVER: IN ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THIS CONTRACT, CUSTOMER AND INNOVATIV HOISTING LLC HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY, THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTERING INTO THIS CONTRACT.
18. COMPLIANCE WITH EXPORT AND IMPORT LAWS: Removal of the Equipment from the United States (“U.S.”) is prohibited under this Contract. If Customer desires or causes the transport and/or operation of the Equipment outside of the U.S., Customer must (a) obtain INNOVATIV HOISTING LLC’s consent prior to taking such action, and (b) execute an amendment to this Contract, which amendment is incorporated herein. If Customer exports or re-exports without complying with the above sentence, Customer agrees that (i) the Equipment is subject to and must comply with all applicable export laws, including but not limited to the Export Administration Regulations; and (ii) Customer is responsible for: (A) determining whether and obtaining if necessary, export or re-export licenses or other authorizations as required prior to exporting or re-exporting the Equipment, (B) obtaining any required documentation necessary for return of the Equipment, and (C) ensuring no unauthorized transfers or diversions of the Equipment occur. Refer to www.bis.doc.gov for information.
19. GOVERNING LAW: The parties expressly and irrevocably agree: (a) this Contract, including any related tort claims, shall be governed by the laws of Connecticut, without regard to any conflicts of law principles and (b) if any Section of this Contract is prohibited by any law, such Section shall be ineffective to the extent of such prohibition without invalidating the remaining Sections and (c) the State courts in the State of Connecticut, County of Litchfield, shall be the sole, only and exclusive forum/venue for any and all litigation arising out of or relating to this Contract (the “Acceptable Forum”) and Customer agrees that the Acceptable Forum is fair, convenient and reasonable; and (d) Customer irrevocably waives any and all objection to change the venue/forum to another state or federal court under any circumstances whatsoever and shall be liable for all of INNOVATIV HOISTING, LLC’S attorney’s fees and costs incurred, as approved by a court, in connection with any Motion by Customer that challenges the jurisdiction of the Acceptable Forum.
20. MISCELLANEOUS: This Contract, together with any Customer executed credit application, is hereby deemed to be made, negotiated and/or substantially performed in Connecticut and constitutes the entire agreement of the parties regarding the Equipment and may not be modified except by written amendment signed by the parties. Customer’s obligations hereunder shall survive the termination of this Contract. This Contract and all of Customer’s rights in and to the Equipment are subordinate to all rights, title and interest of all persons (including INNOVATIV HOISTING LLC’s lenders) who have rights in the Equipment. Headings are for convenience only. To the extent that any terms in this Contract conflict, the parties agree that the more specific terms control. A copy of this Contract shall be valid as the original. Any failure by INNOVATIV HOISTING LLC to insist upon strict performance of any Section of this Contract shall not be construed as a waiver of the right to demand strict performance in the future. Customer and the person signing this Contract represent that: (a) they both have full authority to execute, deliver and perform this Contract and (b) this Contract constitutes a legal, valid and binding obligation of Customer, enforceable in accordance with its terms.
21. COMMERCIAL PREPJUDGMENT REMEDY WAIVER OF HEARING AND NOTICE:  CUSTOMER HEREBY ACKNOWLEDGES THAT THE TRANSACTION OF WHICH THIS AGREEMENT IS A PART IS A COMMERCIAL TRANSACTION, AND TO THE EXTENT ALLOWED, UNDER CHAPTER 903A OF THE CONNECTICUT GENERAL STATUTES OR BY OTHER APPLICABLE LAW, CUSTOMER HEREBY WAIVES (A) ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER IN CONNECTION WITH ANY AND ALL PREJUDGMENT REMEDIES TO WHICH GTC, THE PRESENT AGREEMENT HOLDER, INNOVATIV HOISTING, LLC, OR ANY SUBSEQUENT HOLDER OF THIS AGREEMENT MAY BECOME ENTITLED BY VIRTUE OF ANY DEFAULT OR PROVISION OF THIS CONTRACT AND (B) ALL RIGHTS TO REQUEST THAT PRESENT THE AGREEMENT HOLDER OR ANY SUBSEQUENT HOLDER OF THIS CONTRACT POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT CUSTOMER OR ANY OTHER LIABLE PARTY AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY THE PRESENT AGREEMENT HOLDER OR ANY SUBSEQUENT HOLDER OF THIS AGREEMENT BY VIRTUE OF ANY DEFAULT OR OTHER PROVISION OF THIS CONTRACT, AND CUSTOMER HEREBY CONSENTS TO THE ISSUANCE OF ANY SUCH PREJUDGMENT REMEDY WITHOUT SUCH A BOND.

AS PART OF THE SAID COMMERCIAL PREJUDGMENT REMEDY WAIVER ABOVE, BUT NOT AS AN EXCLUSIVE REMEDY, CUSTOMER ACKNOWLEDGES, UNDERSTANDS, AGREES AND CONSENTS THAT INNOVATIV HOISTING, LLC MAY ATTACH OR GARNISH ANY AND ALL OF THEIR FUNDS HELD IN ANY BANK ACCOUNT AT A BANKING INSTITUTION IF THAT BANKING INSTITUTION HAS A BRANCH, ATM OR OFFICE PHYSICALLY LOCATED IN CONNECTICUT AND/OR IS REGISTERED TO CONDUCT BUSINESS IN CONNECTICUT. CUSTOMER HAS THE RIGHT TO CHALLEGE ANY PREJUDGMENT ATTACHMENT/GARNISHMENT IN ACCORDANCE WITH CONNECTICUT LAW.