These terms, published for AJFieldingRentals LLC, set out the ground rules that govern the Company website and the professional services the firm supplies. The site itself is maintained online by its named developer, AJFieldingRent, while the operating business that enters contracts and stands behind the work is AJFieldingRentals LLC.
By opening this website, by continuing to browse it, or by submitting an enquiry through it, a visitor agrees to be bound by these terms of service. If a visitor does not agree with any part of these terms, that visitor should leave the site and should not request services through the contact desk.
These terms form a written agreement between the visitor or the client, whoever is acting, and AJFieldingRentals LLC. The Company may revise these terms from time to time, and the date shown at the top of this page always reflects the most recent revision. The revised terms apply to any use of the site or any new order placed after they are published, so a returning client is responsible for reading them afresh before placing further work.
Where a visitor acts on behalf of a business, that visitor promises that they hold the authority to bind that business to these terms. The words you and your in this document mean the visitor or the client as appropriate to the situation, and the words we, us and the Company mean AJFieldingRentals LLC.
The Company operates in the professional, scientific and technical services sector, specifically in computer systems design and related services that support computer integrated systems design. In practical terms, it designs, builds and maintains software, wiring and process systems for businesses that rent out equipment, tools and machinery to other businesses and to the public.
The ordinary person of contact for an enquiry is the systems desk, reached by email at notify@ajfieldingrent.buzz or by telephone at +18145304336. The named developer and technical publisher of the site is AJFieldingRent, and the site is presented on behalf of the Company, which remains the controller of the content and the principal behind every offer made through these pages.
The website is provided to describe the services of the Company, to let a visitor read about the disciplines that the Company supports and to let that visitor contact the desk. A visitor is entitled to read the pages, to view them on any device they own and to share a link to a page, provided that the page is not altered or presented as belonging to someone else.
A visitor must not misuse the website. It is prohibited to attempt to break into a private part of the site, to overload or harm the servers, to send automated traffic that damages the service, to scrape the pages for a competing purpose, or to place on the site any unlawful or offensive material through the contact form. The Company may block an address or a visitor who behaves in a way that threatens the site or the people who use it, with or without warning.
The information on the site is offered for guidance only. It does not form a technical specification for a particular job, and it does not replace a written proposal prepared after a proper survey of a specific yard.
The Company provides services across six related disciplines, each described on the services page of this site.
These lines are given by the developer AJFieldingRent together with the staff and contractors of the Company. Every job begins with a discussion and a survey, and no discipline is promised until the Company has understood the fleet and the workflow of the client.
An enquiry through the website does not create a contract. A conversation, a survey and a written proposal sit between the first message and the start of any paid work. The Company prepares a scope of work that lists the tasks, the deliverables, the assumptions, the timeline and the price for each stage of the engagement.
A contract is formed only when both sides agree on the scope. That agreement may take the form of a signed proposal, a counter docket signed by the client, a written confirmation by email of a quoted figure, or an invoice that is accepted and paid. Where the terminology of the rental trade is used, the word docket simply means the order document that starts a piece of work.
Any assumption written into the scope is important. If a later stage shows that an assumption is wrong, for example that the yard does not hold the hardware the plan expected, the Company may need to revise the scope and, where the extra work is genuine and material, to revise the price with the agreement of the client before continuing.
Professional services are billed according to the agreement in the accepted proposal. A typical engagement carries a fixed fee, split across clear stages, so the client knows the total of the work before it starts. Ongoing support and hosting, where supplied, are billed monthly in arrears under a separate service agreement.
Invoices are payable within the number of days written on the invoice, counting from the date the invoice is issued. If a payment is late, the Company may pause work or support until the account is brought up to date, and the Company may charge the late payment interest or expense that is lawful in the region governing the contract. An overdue balance must be cleared before any new stage is released.
Quoted prices are usually stated in United States dollars and exclude any tax that applies, unless the proposal says otherwise. Where a tax is added by law, it is shown separately on the invoice. Travel and reasonable out of pocket expenses are invoiced at cost against the receipts, only where the accepted scope provides for them.
For a project to succeed, the client must provide accurate information and reasonable access. The client agrees to give the Company the records it needs, which can include the fleet list, the count of machines, the current software logins, the yard layout, the staff roles and the copies of the forms that the business used in the past.
The client also agrees to name a single responsible contact who can answer questions and approve decisions during the engagement, and to make that person available at the agreed points in the schedule. Delays caused by a missing decision, a late answer or withheld information can push back the timeline, and the Company will say so in writing rather than quietly overrunning.
The client confirms that any software licence, hardware agreement or account it shares with the Company is one the client is entitled to use and to let the Company use for the work. The client keeps ownership of that material and keeps responsibility for the correctness of the information it supplies about itself and about its own customers.
Delivery takes place when a finished stage or system is handed to the client for review. For hosted work, delivery can be access to a live environment; for configuration work, it can be a tested set of settings and documents; for wiring work, it can be the completed site installation together with its instructions.
The flow of the work follows an accepted rhythm, described on the site as the checkout process: survey, build, integrate, train and support. After each stage is delivered the client has a reasonable review window to point to genuine faults. Any fault that the Company agrees is its responsibility is corrected without an extra charge within the warranty. Comments that ask for a new scope to be added to the work lead to a fresh proposal.
Timelines written into a proposal are honest estimates and are measured from the moment all information needed to start is available. The Company works to meet them and will warn the client early when a real delay appears, but a timeline is not a guarantee that external factors such as a slow vendor or a third party data source will cooperate.
The pages of this site, its layout, its written descriptions and its trade dress are owned by or licensed to AJFieldingRentals LLC. Nothing on the site gives a visitor a right to copy the design, to reuse the text for a competing business, or to take the AJFieldingRent brand as their own.
During a project, the material handed in by the client, such as their fleet records, their logo and their own content, remains the property of the client. The Company uses that material only to deliver the work and handles it in line with the privacy policy that sits alongside these terms.
For work created new during an engagement, ownership is described in the section below on software and system licensing, because the correct answer depends on whether the work is bespoke code or work that builds on the standard tools of the Company.
Where the Company builds a bespoke system or a bespoke configuration for a client, ownership of the newly written bespoke component passes to the client once the invoice for that component is paid in full. That client can then use the bespoke component for their own business as they wish.
The Company keeps and continues to own its underlying tools, its frameworks, its templates, its configurations that predate the project and its know how. These are granted to the client under a non exclusive, non transferable licence that runs for the life of the service agreement and lets the client use the delivered system for its own rental business only.
The client may not resell, relicense or give the layered system away to a third party, may not reverse engineer a protected component, and may not use the delivered work to start a competing software house. These limits keep the value of the underlying tools with the Company while the client keeps full use of the system in its own yard.
Much of the work touches software that the Company does not create and does not own, such as Point of Rental, a telematics vendor console, an operating system or a cloud platform. That software sits under its own licence and its own terms, which continue to apply to the client.
Where third party software is used, the Company clearly names it and configures it to the best of its ability, but the client accepts that the behaviour, reliability and support of that third party tool is governed by the third party, not by the Company. When a third party alters its product or ends a feature, the Company will help adapt the design where a practical answer exists, and any such adaptation is treated as support work under the service agreement.
The Company selects third party tools for what they promise today, and it tells a client when a choice involves a newer or less proven product so that the client can weigh the risk with open eyes before the design is locked down.
Where a client holds a service agreement, the Company provides a defined level of support that is described in writing at the start of that agreement, including the response time for a problem from the desk. The desk number shown on the site answers urgent questions around the clock, while routine requests are handled on the business hours stated on the contact page.
Support covers restoring a service after a fault in the delivered system, answering operational questions, applying agreed security updates and monitoring the hosted environment. It does not cover teaching a new employee from scratch using a new session package, restoring data damaged by a cause the Company did not control, or adapting the system to a request that amounts to new development; each of those is quoted separately.
Preventive maintenance visits and remote checks run to a schedule agreed with the client so that a problem is found while it is still small. The Company keeps a record of each visit and gives the client a readable log of the health of the fleet system across time.
For a period that is written on each accepted proposal, usually ninety days from delivery, the Company warrants that the delivered system meets the description in the scope of work when used with the software and hardware named in that scope. Any fault that the Company accepts as its own is corrected without charge within that window.
Except for that express warranty, and apart from rights that a consumer cannot lawfully give away, the service is supplied as is. The Company does not promise that the system will be error free at every moment, that the telematics of a third party will never drop a signal, or that a hosted service will never be interrupted for planned or emergency maintenance.
The Company warrants only what it can reasonably control. Because a yard depends on outside data sources and outside hardware, the wider behaviour of that outside world is outside the warranty, and the Company states that honestly rather than pushing a promise it does not hold.
To the fullest extent the law allows, the Company is not liable for indirect, special or consequential losses. That covers lost profit, lost business, lost data beyond the reasonable backup duty, loss of reputation, and any cost that a yard argues it suffered because a machine or a booking was handled badly while a third party signal was down.
Where the Company is found liable for a loss that the law does not let it exclude, that liability is limited, for each calendar year of an engagement, to the total fees the client paid the Company in the twelve months before the event that caused the loss. This ceiling is shared across all claims that arise in that period and is a fair trade for work priced as it is.
Nothing in these terms removes a liability that the law says cannot be removed, including liability for fraud, for death or injury caused by negligence where the applicable law forbids that exclusion, or for a duty that a court decides cannot be limited. Where a conflict appears, the law wins over any sentence in this document.
The client agrees to hold the Company harmless against loss that arises from the fault of the client rather than the Company. In particular, the client covers the Company against a claim that the client supplied the Company with material the client did not have the right to use, or that the client used a delivered system in a way that the scope and licence did not permit.
The Company, for its part, agrees to stand behind its own work. Where a third party claims that a bespoke deliverable built by the Company infringes that third party rights, the Company will defend the client against the claim, at the cost of the Company, provided the client tells the Company of the claim at once, lets the Company control the defence and does nothing that harms that defence.
Each side keeps the other informed of any relevant claim promptly, and neither side admits fault on behalf of the other without that side written agreement. These duties survive the end of the contract to the extent a claim is still live.
Because the two sides must share real detail for a survey to mean anything, each side treats what the other shares as confidential. Confidential information covers the fleet lists, the financial figures, the rate book, the plan of the yard, the drawings and the software access details that one side hands to the other for the work.
Confidential information is used only for the engagement, is shown only to the people who need it, and is protected to the same care each side uses for its own secrets. This duty does not apply to information that is already public, that a side receives independently without breach, or that the law or a court compels a side to disclose.
On request, or when the engagement ends, each side returns or deletes the confidential files of the other that it no longer needs, keeping only what a tax, legal or audit rule requires for the period that rule demands.
The way personal information is collected and protected is set out in full in the separate privacy policy of the Company, which is published and linked from these pages. That policy is part of the relationship, and a client agrees to its terms by providing the personal data of its people or its customers to the desk.
Where a yard uses a system that holds the personal details of an end customer, the yard remains the controller of that data under the law of its own region, and the yard must publish its own notices and honour its own duties to that customer. The Company acts as the processor that runs the tooling, follows the reasonable and lawful instructions of the yard, and keeps the data under the security described in the privacy policy.
Records of the engagement itself, such as the proposal, the invoices and the survey notes, are kept for the period that tax and accounting rules require and are then deleted on a schedule. Access to a client own file can be arranged by writing to the desk.
An engagement that runs by stage or by a fixed term ends when the agreed work is finished and the final payment is made. A recurring service agreement can be ended by either side by giving the notice that is written into that agreement, commonly thirty days, and the service then winds down cleanly to the end of the paid period.
Either side may end an agreement at once, in writing, if the other side breaks a serious term and does not fix the break within a reasonable cure period of at least fourteen days after being told about it. The Company may also act promptly where a client fails to pay, abuses confidential material, or makes the work unsafe or unlawful to continue.
When an engagement ends, each side pays the amounts that are already earned and due, and the client receives its data and a handover note to keep its own records in order. Sections of these terms that are meant to survive, including the limits of liability, the warranty, the confidentiality duty and the licence rules, continue to apply after the work has stopped.
These terms are governed by the laws of the state of Utah, United States, and by the federal laws of the United States where they apply, without regard to the conflict of law rules that would send the matter elsewhere. The court properly assigned to the Company county is the forum for any dispute that the parties cannot settle in another way.
Before taking a dispute to court, both sides agree to try to resolve it informally. A party must first write to the other describing the issue, and the two sides, or their named representatives, must meet or talk within a reasonable time to seek a fair settlement. Only if that attempt fails may the matter proceed to the law, and the prevailing side is entitled to its reasonable costs of enforcing the terms where the law allows.
A visitor acting as a consumer rather than as a business keeps the rights that the consumer law of their own region gives them, and nothing in this clause tries to take those rights away. Where the law of the consumer region forces a higher protection, that protection applies despite the sentence above.
If a court decides that one sentence of these terms is unenforceable, the rest of the document stands on its own and the unenforceable part is treated as removed. The headings in this document are for quiet reading only and carry no legal meaning of their own.
The Company may delegate part of the hands on work to a trusted contractor or a sub consultant, provided that the person it delegates to gives the same standard of care and keeps the client information confidential in the same way the Company does. The Company may also transfer the benefit of these terms to a buyer of the business in the ordinary sale of that business, and the client is told of that transfer in writing.
Overlooking by either side of a single failure does not waive that term for a later failure, and a delay in acting on a breach is not a promise to overlook the next one. A term may only be varied in writing that both sides sign, and an email chain that changes a small practical detail is treated as a written agreement of that detail where both sides plainly agree to it.
The most direct route to a question about these terms or about an engagement is the systems desk, reached by the email and number below. The desk aims to answer inside one business day and to route a written notice to the person it concerns.
AJFieldingRentals LLCFormal notices about a dispute should be sent in writing to the street address shown above, marked for the attention of the named representative of the Company, and are treated as delivered on the date of receipt. These terms are published and kept current on behalf of the Company by its developer, AJFieldingRent, and this page is the record of the rules that bind the work of the desk.
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