Rental Terms & Conditions

EXHIBIT B
POWERCHAMPIONS OF GREENVILLE, LLC
RENTAL TERMS & CONDITIONS

Acceptance of Terms and Conditions: These Rental Terms and Conditions (“Terms”) govern the rental of equipment and related services (“Rental Services”) provided by PowerChampions of Greenville, LLC (“PowerChampions,” “we,” “our,” or “us”) to the Customer (“Customer” or “you”). By accepting a rental proposal, executing a rental agreement, issuing a purchase order, or taking possession of rented equipment, Customer agrees to be bound by these Terms. Any terms provided by Customer that conflict with these Terms are expressly rejected unless expressly accepted in writing by PowerChampions.

Equipment Rental: PowerChampions agrees to rent the equipment identified in the applicable proposal, quotation, rental agreement, or invoice (“Equipment”) for the agreed rental period. All Equipment remains the sole property of PowerChampions at all times. Customer acquires no ownership interest in the Equipment and shall not sell, assign, pledge, sublease, transfer, or otherwise encumber the Equipment without prior written consent from PowerChampions.

Rental Period: Rental charges begin upon delivery of the Equipment or customer pickup, whichever occurs first, and continue until Customer has notified PowerChampions that the Equipment is ready for pickup and PowerChampions has been provided reasonable access to retrieve it. Rental charges shall not be suspended or reduced due to weather, project delays, permitting delays, utility delays, force majeure events, or periods of non-use. Late returns or delayed pickup caused by Customer may result in additional rental charges.

Delivery and Site Access: Customer shall provide safe and unrestricted access for delivery and retrieval of Equipment. If delivery or pickup is delayed due to inaccessible sites, unsafe conditions, customer scheduling conflicts, or circumstances beyond PowerChampions’ control, additional mobilization, labor, transportation, or waiting time charges may apply.

Equipment Inspection and Acceptance: Customer shall inspect the Equipment immediately upon delivery. Unless Customer notifies PowerChampions within twenty-four (24) hours of delivery of visible damage, shortages, or operational concerns, the Equipment shall be deemed accepted in good operating condition. Customer shall immediately discontinue operation and notify PowerChampions if Equipment becomes unsafe or experiences mechanical failure.

Equipment Use: Customer agrees to: Operate Equipment only for its intended purpose. Ensure all operators are properly trained and qualified. Comply with all applicable federal, state, and local laws. Follow all manufacturer operating instructions. Maintain a safe operating environment. Prevent unauthorized use. Customer shall not modify, relocate, repair, overload, misuse, or tamper with the Equipment without prior written authorization from PowerChampions.

Site Conditions: Customer is responsible for: Safe site access. Proper equipment placement. Proper grounding where applicable. Required permits. Utility coordination. Compliance with applicable codes. PowerChampions is not responsible for delays caused by unsafe or inaccessible jobsite conditions.

Fuel and Consumables: Equipment will be delivered with the agreed fuel level. Customer is responsible for maintaining clean fuel meeting manufacturer specifications throughout the rental period. Customer shall return Equipment with the same fuel level unless otherwise agreed. Customer is responsible for damage resulting from contaminated, stale, improper, or incorrect fuel.

Maintenance and Repairs: Routine maintenance shall be performed by PowerChampions unless otherwise agreed. Customer shall immediately report any malfunction. Customer shall not authorize third-party repairs without prior written approval. PowerChampions may, at its sole discretion: Repair the Equipment. Replace the Equipment. Refund prepaid rental charges applicable to the unused rental period.

Damage, Loss and Theft: Customer assumes full responsibility for Equipment during the rental period. Customer shall promptly report any accident, theft, vandalism, or damage. Customer is responsible for damage beyond normal wear and tear, including: Theft. Vandalism. Fire. Flooding. Collision. Negligence. Misuse. Unauthorized repairs. Improper operation. Environmental contamination. If Equipment is lost, stolen, destroyed, or determined by PowerChampions to be beyond economical repair, Customer shall reimburse PowerChampions for the full replacement value of the Equipment.

Insurance: Upon request, Customer shall maintain insurance acceptable to PowerChampions including: Commercial General Liability. Workers’ Compensation. Inland Marine or Property Coverage sufficient to cover the full replacement value of rented Equipment. PowerChampions may require Certificates of Insurance before delivery.

Payment Terms: Unless otherwise stated, invoices are due according to the proposal or invoice. Past due balances accrue interest at the lesser of 1.5% per month or the maximum permitted under South Carolina law. Customer shall reimburse PowerChampions for all reasonable collection costs, including attorney’s fees where permitted by law.

Cancellation: Orders canceled after Equipment has been dispatched or delivered may be subject to mobilization, labor, transportation, and restocking charges. Rental charges begin once Equipment has been delivered.

Limitation of Liability: To the fullest extent permitted by South Carolina law, PowerChampions shall not be liable for indirect, incidental, consequential, special, punitive, or lost profit damages. PowerChampions’ maximum liability shall not exceed the rental charges actually paid by Customer.

Indemnification: Customer agrees to defend, indemnify, and hold harmless PowerChampions of Greenville, LLC, its officers, employees, affiliates, subcontractors, and agents from claims arising out of Customer’s possession, transportation, operation, misuse, or negligence involving the Equipment except to the extent caused solely by PowerChampions’ gross negligence or willful misconduct.

Default: Customer shall be in default upon failure to: Pay invoices. Return Equipment. Maintain required insurance. Comply with these Terms. PowerChampions may recover Equipment and pursue all remedies available under South Carolina law.

Force Majeure: PowerChampions shall not be liable for delays caused by weather, natural disasters, supplier delays, labor disputes, governmental action, pandemics, utility interruptions, transportation issues, or other events beyond its reasonable control.

Governing Law: These Terms shall be governed by the laws of the State of South Carolina. Any legal action shall be brought in a court of competent jurisdiction located in South Carolina.

Miscellaneous: These Terms, together with the applicable proposal, invoice, and rental agreement, constitute the entire agreement between the parties. If any provision is determined unenforceable, the remaining provisions shall remain in full force. PowerChampions reserves the right to revise these Terms. The version in effect on the date of rental shall govern the transaction.