ICON EQUIPMENT DISTRIBUTORS, INC. TERMS & CONDITIONS FOR RENTALS AND SALES

This Exhibit B, all quotations are collectively referred to herein as the “Agreement.”

A.                   ICON EQUIPMENT DISTRIBUTORS, INC. RENTAL TERMS

  1. All sums due upon the account shall be due and payable net 30 days. Past due accounts shall bear interest at the rate of 18% per annum.
  2. In the event of non-payment of any account when due, and should the account be turned over to a collection agency or an attorney for reasonable collection, attorney’s fees and or costs may be charged there upon, whether or not a suit is involved, and the Customer shall be responsible for those fees and costs.
  3. Rentals will be charged on a time-out – time-in basis, whether or not equipment is actually The commencement date (the “Commencement Date”) of the term of the equipment lease is the date that the equipment leaves the Company’s yard or owned rental yards and the expiration date of the lease (the “Expiration Date”) is the day immediately following the day that the Customer completes the project for which the equipment is being rented (such project is more specifically set for on the quotation which is attached to this Exhibit B). If the Customer fails to return the rented equipment to the Company’s yard in East Brunswick, NJ on the Expiration Date, then the Customer shall pay rent for all additional time at the rental rate specified in this Agreement until the date that the Customer actually returns the rented equipment to the Company’s yard in East Brunswick, NJ. Notwithstanding anything to the contrary in this Agreement, the Customer shall make rent payments to the Company for the minimum period set fo1th in the quotation, even if the Customer returns the equipment prior to the expiration of the minimum period. For purposes of illustration, if the quotation indicates that the equipment rental is for a minimum period of 1 month, and the Customer completes the project and returns the equipment to the Company in 1 week, the Customer shall nevertheless be obligated to make rental payments to the Company for the entire 1-month period.
  4. By accepting the rented equipment from the Company, the Customer is deemed to have inspected the equipment and to have acknowledged that the equipment is in good operating condition.
  5. The Customer agrees to take good and reasonable care of all rented equipment pursuant to these terms and to use the equipment in a proper The Customer shall comply in full with all federal, state, and local statutes, laws, regulations, and ordinances governing the possession, use and/or operation of the rented equipment. The Customer shall not, without the prior consent of the Company, affix or install any addition, attachment or accessory on any equipment. The Customer shall not modify or otherwise alter the equipment in any way without the prior written consent of Company.
  6. The Customer agrees that in the event any of the rented equipment is lost or destroyed before it is returned, or if it is not returned to the Company within thirty (30) days after the Expiration Date or the earlier termination of this Agreement, the Customer will promptly pay the full market value of said rented equipment. If the equipment is damaged or injured in any way, the Customer will pay an amount equal to the reasonable cost of repairing the same, The Company shall have the right to determine, in its sole and absolute discretion, whether said rented equipment is able to be repaired, or whether said equipment is destroyed beyond repair.
  7. The Customer assumes all risk of damage or injury to the equipment or occasioned by the equipment. The Customer shall defend, indemnify and hold the Company harmless from and against any and all losses, damages, expenses, claims or liabilities of whatever kind or nature arising from the Customer’s (i) possession, use or misuse of the equipment, (ii) operation of the equipment, including, without limitation, any disputes with customers, employees, labor unions, personal injury, death and/or damage real or personal, however caused, (iii) failure to comply in full with all federal, state, and local statutes, laws, regulations, and ordinances governing the Customer’s use of the equipment or (iv) breach of any term or condition of this Agreement.
  8. The Customer shall promptly report to the Company all accidents involving rented equipment, whether or not injury to property or person results.
  9. The Customer shall promptly report to the Company all accidents involving rented equipment, whether or not injury to property or person results Calling in for a pick-up does not relieve the Customer of its responsibility for protecting and preserving the rented equipment, and the Customer shall continue to make rental payments for the equipment until the date the Customer returns the equipment to the Company’s yard in East Brunswick, NJ.
  10. Customer agrees to pay all applicable taxes as imposed upon the Company for the use of rented equipment.
  11. The Customer agrees to notify the Company if rented equipment fails to operate properly, at the time failure is first observed.
  12. The Company shall not be required to obtain written purchase order or other written designation authorizing any employee or agent of the Customer to pick up equipment on behalf of the Customer’s account and the Customer shall be responsible for all equipment rentals made in good faith by the Company to or on behalf of Customer’s Account.
  13. The Customer shall not sublet, pledge, mortgage, sell or attempt in any other manner to dispose or transfer control of the equipment to any third party, or to suffer any liens, encumbrances, or legal process to be incurred or levied upon the equipment without the prior written consent of the Company. The Customer agrees to pay, immediately upon demand, amounts required to release any and all liens against the equipment.
  14. The Customer shall not sublet, pledge, mortgage, sell or attempt in any other manner to dispose or transfer control of the equipment to any third party, or to suffer any liens, encumbrances, or legal process to be incurred or levied upon the equipment without the prior written consent of the Company. The Customer agrees to pay, immediately upon demand, amounts required to release any and all liens against the
  15. If for any reason the rented equipment described herein is exchanged for another piece of equipment by the Company, the terms stated herein shall remain in force with respect to the replacement equipment.
  16. Title to the rented equipment shall remain in the Company and a continuing security interest in favor of the Company is hereby created in the equipment, including any replacements, additions and improvements to the equipment or proceeds resulting from any disposition thereof, and any insurance proceeds resulting from any damage or destruction thereof. No option or right to purchase said equipment is granted by this Agreement, unless expressly otherwise set forth in this Agreement.
  17. The Customer shall provide to the Company, upon request, such instruments and assurances, including UCC financing statements, as the Company deems advisable for the protection of its ownership of the equipment. The Customer hereby authorizes the Company or its agent to create, sign, and execute on its behalf any and all UCC- l forms or amendments as may be necessary to notify third parties of, or perfect, the Company’s interest in the equipment.
  18. The Agreement terms between the Company and the Customer are severable provisions and should any provision hereof be found unenforceable as a matter of law, all other remaining provisions of the Agreement shall remain in full force and effect between the Company and the Customer.
  19. The Customer assumes all responsibility for training employees in proper use of all equipment as well as application of all OSHA standards.
  20. The Customer shall not assign this Agreement, and any such assignment shall be null and void.
  21. If the Customer defaults under this Agreement, the Company may, at its option, cancel the Customer’s right of possession of any or all of the equipment, whereupon all rights of the Customer to use such equipment shall cease and terminate. In such event, the Customer shall, at its own expense, immediately return the equipment to the Company. If the Customer fails to return the equipment, the Company may, at the Customer’s expense, repossess the equipment by entering upon any premises where the equipment may be located, at any reasonable time, without liability for any damages occasioned by such repossession. All rights and remedies of the Company are concurrent, and the exercise or partial exercise of any remedy shall not restrict the Company from further exercise of that remedy, or any other remedy provided for or otherwise available at law, in equity or otherwise.

B.                   ICON EQUIPMENT DISTRIBUTORS, INC. SALE TERMS

  1. Payment for certain purchases shall be by transferable commercial Letter of Credit. Failure to provide the Letter of Credit shall void the contract of sale and the Customer shall be liable for all costs and expenses.
  2. Past due accounts shall bear interest at the rate of 18% per
  3. In the event of non-payment of any account when due, and should the account be turned over to a collection agency or an attorney for collection, reasonable collection and attorney’s fees and costs may be charged thereupon, whether or not suit is brought. The Customer shall be responsible for these fees and costs.
  4. By accepting the equipment from the Company, the Customer is deemed to have inspected the equipment and to have acknowledged that the equipment is in good operating
  5. The Customer assumes all risk of damage or injury to the equipment or occasioned by the equipment. The Customer shall defend, indemnify and hold the Company harmless from and against any and all losses, damages, expenses, claims or liabilities of whatever kind or nature arising from the Customer’s (i) possession, use or misuse of the equipment, (ii)operation of the equipment, including, without limitation, any disputes with customers, employees, labor unions, personal injury, death and/or damage real or personal, however caused, (iii) failure to comply in full with all federal, state, and local statutes, laws, regulations, and ordinances governing the Customer’s use of the equipment or (iv) breach of any term or condition of this Agreement.
  6. The Company shall not be required to obtain written purchase order or other written designation authorizing any employee or agent of the Customer to pick up equipment on behalf of the Customer’s account and the Customer shall be responsible for all equipment rentals made in good faith by the Company to or on behalf of Customer’s Account.
  7. The Customer agrees to assemble and use the products in strict accordance with the manufacturers’ recommended instructions. The Customer shall use all products in accordance with the local, state and federal laws.
  8. If the Company ships the equipment to the Customer prior to receiving payment in full for the equipment, then a continuing security interest in favor of the Company is hereby created in the equipment, including any replacements, additions and improvements to the equipment or proceeds resulting from any disposition thereof, and any insurance proceeds resulting from any damage or destruction thereof. In such event, the Customer shall provide to the Company, upon request, such instruments and assurances, including UCC financing statements, as the Company deems advisable for the protection of its ownership of the equipment. The Customer hereby authorizes the Company or its agent to create, sign, and execute on its behalf any and all UCC-1 forms or amendments as may be necessary to notify third parties of, or perfect, the Company’s interest in the equipment. Upon the payment in full of the purchase price of the equipment, the Company shall file UCC-3 termination statements with respect to all UCC-1 statements filed by the Company in connection with the purchased equipment.
  9. The Agreement terms between the Company and the Customer are severable provisions and should any provision hereof be found unenforceable as a matter of law, all other remaining provisions of the· Agreement shall remain in full force and effect between the Company and the Customer.
  10. The Customer assumes all responsibility for training employees in proper use of all equipment as well as application of all OSHA standards.
  11. The Customer shall not assign this Agreement, and any such assignment shall be null and void.

RENTAL & SALE RESPONSIBILITES and Policies

Contractors Responsibilities:

  1. Provide Icon with the correct information about the project so they can design the safest and most cost-effective shoring solution for your company. This includes soil information, and exact dimensions of what you are building. Icon is not responsible for information that was not made aware to us prior to the start of the job. Contractor must install shoring support systems in accordance with the manufacturer’s recommendations and instructions. Contractor must comply with all Local, State, and Federal Safety Laws.
  2. Contractor is responsible for providing all machines, labor, lifting hardware, clevises or shackles required for loading, unloading, installing and removal of the supplied support system from Icon.
    Water must be controlled by either dewatering, setting deep wells or other methods by the contractor. (Icon equipment does not supply watertight shoring systems)
  3. All shoring equipment are to be returned to Icon in the same condition as delivered. (Normal wear and tear is to be expected, extensive damage will be repaired and invoiced to the contractor).
  4. All rentals of shoring support systems and equipment will begin the date the equipment leaves Icon’s yard and will end the date the equipment is returned. Any special agreements or conditions must be submitted in writing prior to the shipping date and have Icon’s approval.
  5. If shoring support systems or rented equipment is used in contaminated soils, it is the contractor’s responsibility to have the rented equipment decontaminated before returning equipment to Icon’s yard. If rental equipment is re­turned to Icon contaminated, the contractor will be invoiced for all charges incurred by Icon Equipment Distribu­tors, Inc. for decontaminating the returned equipment.

Icon’s Freight and Delivery Policy:

  • Icon can provide transportation of equipment to your jobsite as a service through outside carrier companies and at the customer’s expense. Icon cannot be held responsible for unexpected changes in rates. Deliveries will be scheduled due to availability. Icon will allow a maximum of 1 1/2 hours for unloading at the jobsite, any additional wait time will be billed at $90.00 per 1/2 hr.

Icon’s Responsibilities:

  • Provide Safety and Assembly Guide which includes tabulated data designed by a registered professional engineer for the shoring support systems delivered to job. (meets OSHA requirements)
  • If needed Icon will provide the customer with an experienced field technician to advise and work with your crew during installation of the system. This service is typically free for one day (8 Hours) any additional time required will be billed at $85 p/hr plus expenses (May include room and board). Weekends will be billed at $125 p/hr. If your jobsite is more than 3.5 hours away from our nearest location, you may be required to take care of Travel Expenses such as Mileage or Air Fare and Per Diem expenses for overnight stays.  Remember, Icon Field Technicians are not part of your crew and as a result will not provide labor.

Note: These Terms and Conditions apply to all rental and sale quotations and provided services of Icon Equipment Distributors, Inc. to our customer.  As a result, we reserve all rights regardless of any other terms and conditions

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**Privacy Policy**

Icon Equipment Distributors, Inc. is committed to protecting your privacy. This Privacy Policy explains how we collect, use, and safeguard your information when you visit our website, www.iconjds.com

1. Information We Collect

We may collect the following types of information:

Information You Provide to Us

  • Name

  • Email address

  • Phone number

  • Any information submitted through contact forms, order forms, or email

Automatic Information

When you visit our website, certain information may be collected automatically, such as:

  • IP address

  • Browser type

  • Pages visited

  • Cookies and similar tracking technologies

2. How We Use Your Information

We may use your information to:

  • Respond to inquiries or provide customer support

  • Process orders or deliver services

  • Improve our website and user experience

  • Send updates, promotions, or newsletters (you may unsubscribe at any time)

3. How We Share Your Information

We do not sell or rent your personal information.

We may share your information with:

  • Service providers who help operate our website or business (e.g., hosting providers, payment processors)

  • Legal authorities if required to comply with law, protect our rights, or respond to lawful requests

4. Cookies & Tracking Technologies

We may use cookies to:

  • Improve website functionality

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  • Personalize user experience

You may disable cookies in your browser settings, though some features may not function properly.

5. Data Security

We take reasonable measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no method of transmission over the internet is completely secure.

6. Your Rights

Depending on your location, you may have rights regarding your personal information, such as:

  • Accessing the information we hold

  • Requesting corrections or deletion

  • Opting out of marketing communications

To exercise these rights, contact us at: [Your Email Address]

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Our website may contain links to third-party sites. We are not responsible for the privacy practices or content of those websites.

8. Changes to This Policy

We may update this Privacy Policy from time to time. Any changes will be posted on this page with an updated date.

9. Contact Us

If you have any questions about this Privacy Policy, please contact us:

Icon Equipment Distributors, Inc.
Website: www.iconjds.com