If Brunson Pump Service approves credit for the Customer, the Customer agrees to pay invoices according to the payment terms stated on the applicable invoice, quotation, work order, credit approval, or other written agreement.
Unless otherwise agreed in writing, standard approved credit terms are:
NET 30
Past-due accounts may be subject to, to the extent permitted by law:
- Late charges
- Suspension of service
- Removal of rental equipment
- Collection activity
- Reasonable collection costs
- Court costs
- Attorney’s fees where recoverable
- Other lawful charges associated with collecting the account
Past-due balances may be assessed a late charge at the maximum rate permitted by applicable law or at such lower rate as specifically stated on the applicable invoice or written credit agreement.
Acceptance of a partial payment does not waive Brunson Pump Service’s right to collect the remaining balance.
SECTION 8 — RENTAL EQUIPMENT
All portable toilets, handwashing stations, holding tanks, restroom trailers, temporary fencing, waste containers, and other rental equipment remain the property of Brunson Pump Service unless otherwise agreed in writing.
The Customer receives only the right to use the equipment during the applicable rental period.
The Customer shall not sell, sublease, lend, transfer, modify, alter, dispose of, encumber, or allow unauthorized persons to take possession of Brunson Pump Service equipment without authorization.
SECTION 9 — CUSTOMER RESPONSIBILITY FOR EQUIPMENT
Once equipment has been delivered and placed at the Customer’s requested or approved location, the equipment shall be considered in the care, custody, and control of the Customer until physically retrieved by Brunson Pump Service.
The Customer is responsible for taking reasonable precautions to protect the equipment from:
- Damage
- Theft
- Vandalism
- Misuse
- Unauthorized relocation
- Construction activity
- Vehicle impact
- Fire
- Negligence
- Other preventable loss
The Customer shall promptly notify Brunson Pump Service if equipment is damaged, stolen, tipped over, vandalized, moved, destroyed, or otherwise involved in an incident.
SECTION 10 — EQUIPMENT PLACEMENT
Brunson Pump Service will make reasonable efforts to place equipment at the location requested or approved by the Customer.
The Customer is responsible for selecting or approving a location that is reasonably:
- Safe
- Stable
- Level
- Accessible
- Clear of known hazards
- Suitable for the equipment being provided
The Customer represents that it has permission and authority to have the equipment placed at the selected location.
Brunson Pump Service may refuse to place equipment at a location it considers unsafe, unstable, inaccessible, or unsuitable.
SECTION 11 — MOVING OR RELOCATING EQUIPMENT
The Customer, its employees, contractors, subcontractors, property owners, representatives, agents, or other persons acting under the Customer’s authority shall not move, relocate, reposition, lift, drag, tow, or otherwise disturb Brunson Pump Service equipment without prior authorization.
If equipment is moved without authorization, Brunson Pump Service shall not be responsible for damage, tipping, instability, bodily injury, property damage, or other loss resulting from or related to the unauthorized relocation.
The Customer shall contact Brunson Pump Service whenever equipment needs to be moved.
Additional relocation charges may apply.
SECTION 12 — CONSTRUCTION SITES & CHANGING SITE CONDITIONS
The Customer acknowledges that conditions at construction sites may change after equipment is delivered.
The Customer is responsible for maintaining a reasonably safe location for Brunson Pump Service equipment as work progresses.
If excavation, grading, landscaping, paving, sidewalk work, utility work, demolition, building work, traffic changes, or other activity affects the original placement area, Customer shall contact Brunson Pump Service before moving the equipment.
Brunson Pump Service shall not be responsible for incidents resulting from equipment being moved or site conditions being materially changed without Brunson Pump Service’s knowledge.
SECTION 13 — ANCHORING, STAKING & SECURING EQUIPMENT
When appropriate, Brunson Pump Service may anchor, stake, strap, weight, block, or otherwise secure rental equipment if requested
Any anchor, stake, strap, restraint, block, weight, or securing device installed or provided by Brunson Pump Service shall not be removed, loosened, altered, relocated, disconnected, disturbed, or rendered ineffective without authorization.
If a securing device is removed, altered, or rendered ineffective by the Customer or another party at the site, the Customer may be responsible for resulting damage or loss to the extent caused by that action.
Customer shall promptly notify Brunson Pump Service if equipment appears unstable or requires additional securing.
SECTION 14 — WEATHER, WIND & ACTS OF GOD
Brunson Pump Service shall not be responsible for damage or loss caused solely by circumstances beyond its reasonable control, including:
- High winds
- Severe thunderstorms
- Tornadoes
- Flooding
- Hail
- Lightning
- Natural-event fires
- Falling trees
- Flying debris
- Natural disasters
- Other severe weather
- Acts of God
Nothing in this section is intended to waive liability that cannot legally be waived.
SECTION 15 — ACCESS FOR SERVICE
The Customer shall provide Brunson Pump Service with safe and reasonable access to rental equipment for:
- Scheduled servicing
- Cleaning
- Pumping
- Maintenance
- Repairs
- Delivery
- Relocation
- Exchange
- Removal
- Pickup
Blocked or unsafe access may result in missed service or additional charges.
Examples include:
- Locked gates
- Blocked access
- Vehicles
- Construction equipment
- Unsafe ground conditions
- Excessive mud
- Flooding
- Animals
- Barricades
- Restricted-access areas
SECTION 16 — SERVICE FREQUENCY
Service frequency shall be based on the Customer’s order, quotation, invoice, work order, or other applicable agreement.
Brunson Pump Service will make reasonable efforts to provide service as scheduled.
Service dates may change because of:
- Weather
- Holidays
- Road closures
- Emergencies
- Equipment breakdowns
- Unsafe conditions
- Site-access issues
- Government restrictions
- Other circumstances outside Brunson Pump Service’s reasonable control
SECTION 17 — DAMAGE, THEFT, VANDALISM & ABUSE
The Customer may be responsible for reasonable repair or replacement costs caused by:
- Abuse
- Misuse
- Theft
- Vandalism
- Unauthorized relocation
- Vehicle impact
- Construction activity
- Customer negligence
- Intentional damage
- Fire not caused by Brunson Pump Service
- Failure to maintain a reasonably safe location
Normal wear and tear is excluded.
Reasonable charges may include:
- Parts
- Labor
- Transportation
- Cleaning
- Disposal
- Environmental charges
- Repair
- Replacement
SECTION 18 — LOST OR STOLEN EQUIPMENT
The Customer shall promptly notify Brunson Pump Service if rental equipment is missing or stolen.
The Customer may be responsible for reasonable replacement value to the extent permitted by law.
The Customer agrees to reasonably cooperate with:
- Police reports
- Insurance claims
- Incident reports
- Supporting documentation
- Investigation of the loss
SECTION 19 — REPORTING ACCIDENTS, DAMAGE & CLAIMS
The Customer shall promptly notify Brunson Pump Service of any:
- Accident
- Personal injury
- Property damage
- Tipped equipment
- Theft
- Vandalism
- Fire
- Vehicle impact
- Equipment damage
- Other incident involving Brunson Pump Service equipment
Customer agrees to preserve reasonably available evidence, including photographs, videos, witness information, incident reports, security footage, and other relevant documentation.
Customer shall reasonably cooperate with Brunson Pump Service and its insurance carrier regarding investigation of any claim.
SECTION 20 — PROHIBITED MATERIALS
The Customer shall not place hazardous, prohibited, or inappropriate materials into portable toilets, holding tanks, handwashing units, restroom trailers, or other sanitation equipment.
Prohibited materials include:
- Hazardous waste
- Petroleum products
- Oil
- Paint
- Chemicals
- Concrete
- Construction debris
- Batteries
- Medical waste
- Syringes
- Clothing
- Rags
- Large trash items
- Materials that may damage pumping equipment
- Materials prohibited by law or disposal facilities
Additional cleaning, disposal, environmental, handling, or repair charges may apply.
SECTION 21 — RENTAL PERIOD
The rental period begins when equipment is delivered unless otherwise stated in writing.
Rental charges continue until Customer requests pickup and Brunson Pump Service has been provided a reasonable opportunity to retrieve the equipment.
The equipment remains in the Customer’s care, custody, and control until physically retrieved by Brunson Pump Service.
SECTION 22 — ADDITIONAL CHARGES
Additional charges may apply for:
- Extra service
- Emergency service
- After-hours service
- Equipment relocation
- Return trips
- Excessive cleaning
- Equipment damage
- Missing or stolen equipment
- Contaminated waste
- Inaccessible equipment
- Special disposal
- Special delivery requirements
- Delivery or pickup outside the normal service area
SECTION 23 — TAXES & GOVERNMENT CHARGES
The Customer is responsible for applicable sales taxes, disposal fees, environmental charges, governmental fees, regulatory charges, or similar charges unless Brunson Pump Service has valid documentation establishing an exemption.
SECTION 24 — RIGHT TO SUSPEND SERVICE OR REMOVE EQUIPMENT
Brunson Pump Service may suspend service or remove equipment if:
- Customer’s account is materially past due
- Equipment is being misused
- Site becomes unsafe
- Access is repeatedly denied
- Equipment is being used unlawfully
- Continued service creates a safety concern
- Continued service creates an environmental concern
- Continued service creates a legal or regulatory concern
Brunson Pump Service will make reasonable efforts to notify Customer when practical.
SECTION 25 — CUSTOMER PROPERTY & UNDERGROUND CONDITIONS
Customer is responsible for notifying Brunson Pump Service of known:
- Underground utilities
- Electrical lines
- Water lines
- Gas lines
- Pipelines
- Irrigation systems
- Septic systems
- Communication lines
- Other concealed conditions
that could be affected by equipment placement, anchoring, staking, delivery, service, relocation, or pickup.
Brunson Pump Service shall not be responsible for damage to concealed or undisclosed conditions that could not reasonably have been identified.
SECTION 26 — SITE SAFETY
Customer is responsible for maintaining the jobsite in a reasonably safe condition for Brunson Pump Service employees, vehicles, and equipment.
Brunson Pump Service personnel may refuse to enter, deliver, service, relocate, or retrieve equipment from a location presenting an unsafe condition.
SECTION 27 — INDEMNIFICATION
To the extent permitted by applicable law, Customer agrees to indemnify, defend, and hold harmless Brunson Pump Service, its owners, officers, employees, representatives, and agents from claims, damages, expenses, or losses arising out of or relating to:
- Customer negligence
- Misuse of rental equipment
- Unauthorized relocation
- Customer’s violation of law
- Customer’s failure to maintain a reasonably safe equipment location
- Acts or omissions of Customer or persons acting under Customer’s authority
This provision does not require Customer to indemnify Brunson Pump Service for liability that cannot legally be shifted or waived.
SECTION 28 — LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Brunson Pump Service shall not be liable for indirect, incidental, special, punitive, or consequential damages arising from the rental, placement, servicing, or use of its equipment or services.
Nothing in this Agreement is intended to waive rights or liabilities that cannot legally be waived.
SECTION 29 — NO WAIVER
Failure by Brunson Pump Service to enforce any provision of this Agreement on one occasion shall not constitute a waiver of its right to enforce that provision later.
SECTION 30 — SEVERABILITY
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain effective to the fullest extent permitted by law.
SECTION 31 — GOVERNING LAW
This Agreement shall be governed by the laws of the State of Texas, unless applicable law requires otherwise.
SECTION 32 — ELECTRONIC SIGNATURES
The Customer agrees that electronic signatures, including signatures obtained through DocuSign or another electronic-signature platform, shall have the same force and effect as original handwritten signatures to the extent permitted by applicable law.
Electronic copies of this Agreement may be maintained as official business records.
SECTION 33 — SMS COMMUNICATION CONSENT
SMS communication is optional and is not a condition of receiving rental services or being considered for credit.
☐ I agree to receive SMS messages from Brunson Pump Service related to my account, rentals, deliveries, pickups, service, billing, scheduling, and other account-related communications.
Message frequency may vary. Message and data rates may apply.
Reply STOP to unsubscribe and HELP for assistance.