Rental Terms & Conditions

EXHIBIT B
TRIPLE T CRITICAL POWER SERVICES, 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 Triple T Critical Power Services, LLC (“Triple T,” “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 Triple T.

Equipment Rental: Triple T 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 Triple T 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 Triple T.

Rental Period: Rental charges begin upon delivery of the Equipment or Customer pickup, whichever occurs first, and continue until Customer has notified Triple T that the Equipment is ready for pickup and Triple T 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 Triple T’s control, additional mobilization, labor, transportation, or waiting-time charges may apply.

Equipment Inspection and Acceptance: Customer shall inspect the Equipment immediately upon delivery or pickup. Unless Customer notifies Triple T within twenty-four (24) hours of delivery of any visible damage, shortages, or operational concerns, the Equipment shall be deemed accepted in good operating condition. Customer shall immediately discontinue operation and notify Triple T if the Equipment becomes unsafe or experiences a 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 of the Equipment. Customer shall not modify, relocate, repair, overload, misuse, or tamper with the Equipment without prior written authorization from Triple T.

Site Conditions: Customer is responsible for: Safe and adequate site access. Proper equipment placement. Proper grounding where applicable. Required permits and inspections. Utility coordination. Compliance with all applicable codes and regulations. Identification of underground utilities, overhead obstructions, and other site hazards. Triple T shall not be responsible for delays or damages resulting from unsafe, inaccessible, or improperly prepared jobsite conditions.

Fuel and Consumables: Equipment will be delivered with the agreed fuel level. Customer is responsible for maintaining adequate quantities of clean fuel meeting manufacturer specifications throughout the rental period. Customer shall return the Equipment with the same fuel level unless otherwise agreed in writing. Customer is responsible for any damage resulting from contaminated, stale, improper, or incorrect fuel, including contamination caused by water, dirt, algae, or other foreign substances introduced during the rental period.

Maintenance and Repairs: Routine maintenance required during normal operation shall be performed by Triple T unless otherwise agreed in writing. Customer shall immediately report any malfunction or unsafe operating condition. Customer shall not perform repairs or authorize third-party repairs without prior written approval from Triple T. Triple T may, at its sole discretion: Repair the Equipment. Replace the Equipment with comparable equipment. Terminate the rental and refund prepaid rental charges applicable to the unused rental period. Triple T will make commercially reasonable efforts to restore service as quickly as practical but shall not be liable for delays caused by equipment availability, transportation, parts availability, site conditions, or events beyond its reasonable control.

Damage, Loss and Theft: Customer assumes responsibility for the Equipment throughout the rental period. Customer shall promptly notify Triple T of any accident, theft, vandalism, loss, or damage involving the Equipment. Customer is responsible for all damage beyond normal wear and tear, including but not limited to: Theft. Vandalism. Fire. Flooding. Collision. Negligence. Misuse. Unauthorized repairs or modifications. Improper operation. Fuel contamination. Environmental contamination. Damage caused by improper electrical connection, grounding, overloading, or backfeeding. If Equipment is lost, stolen, destroyed, or determined by Triple T to be beyond economical repair, Customer shall reimburse Triple T for the full new replacement value of the Equipment, together with applicable transportation, recovery, inspection, administrative, and loss-of-use costs.

Insurance: Upon request, Customer shall maintain insurance coverage acceptable to Triple T, including: Commercial General Liability Insurance. Workers’ Compensation Insurance. Property or Inland Marine Coverage sufficient to cover the full new replacement value of the Equipment. Triple T may require certificates of insurance before delivery. When requested, Customer’s insurance shall name Triple T Critical Power Services, LLC as an additional insured and loss payee and shall be primary and non-contributory to any insurance maintained by Triple T.

Payment Terms: Unless otherwise stated in the applicable proposal or invoice, payment is due in accordance with the invoice terms. Past-due balances may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum amount permitted under South Carolina law. Customer shall reimburse Triple T for all reasonable costs incurred in collecting overdue amounts, including attorney’s fees, court costs, collection agency fees, and related expenses where permitted by law. Customer is responsible for all applicable taxes, permits, tolls, fees, assessments, and governmental charges unless otherwise stated in writing. Customer shall not offset or withhold payment due to disputes unrelated to the specific invoice or rental transaction.

Cancellation: Orders canceled after Equipment has been prepared, dispatched, or delivered may be subject to mobilization, transportation, labor, administrative, or restocking charges. Once Equipment has been delivered or picked up by Customer, rental charges begin in accordance with these Terms. Any cancellation or early return does not automatically entitle Customer to a refund unless otherwise agreed in writing by Triple T.

No Warranties: Except as expressly stated in these Terms, the Equipment is provided “as is.” Triple T disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, capacity, design, compatibility, or suitability for Customer’s intended application. Customer is responsible for confirming that the Equipment is properly sized and suitable for the intended load and application unless Triple T has expressly agreed in writing to perform engineering or equipment-sizing services.

Limitation of Liability: To the fullest extent permitted by South Carolina law, Triple T shall not be liable for indirect, incidental, consequential, special, exemplary, punitive, or lost-profit damages arising out of or relating to the rental, delivery, operation, failure, or use of the Equipment. Triple T’s total liability arising from any rental transaction shall not exceed the rental charges actually paid by Customer for the specific Equipment giving rise to the claim.

Indemnification: Customer agrees to defend, indemnify, and hold harmless Triple T Critical Power Services, LLC, its parent companies, affiliates, officers, directors, employees, agents, representatives, and subcontractors from claims, damages, liabilities, losses, expenses, or costs arising from or related to: Customer’s possession, operation, transportation, storage, or use of the Equipment. Customer’s negligence, misuse, or unauthorized modification of the Equipment. Improper installation, connection, grounding, fueling, or operation. Injury to persons or damage to property arising during the rental period. Customer’s violation of applicable laws, regulations, codes, or manufacturer instructions. This obligation shall not apply to the extent a claim is caused solely by Triple T’s gross negligence or willful misconduct.

Environmental Responsibility: Customer is responsible for spills, leaks, contamination, cleanup, remediation, fines, penalties, and related expenses arising during the rental period, except to the extent caused solely by Triple T’s gross negligence or willful misconduct. Customer shall immediately notify Triple T and all applicable governmental authorities of any reportable spill, leak, or environmental incident involving the Equipment.

Default: Customer shall be considered in default upon failure to: Pay invoices when due. Return Equipment upon expiration or termination of the rental period. Maintain required insurance. Protect the Equipment from loss or damage. Provide access for inspection or retrieval. Comply with these Terms. Upon default, Triple T may immediately terminate the rental, recover or disable the Equipment, enter the site where legally permitted to retrieve the Equipment, and pursue all remedies available under South Carolina law. Customer shall remain responsible for rental charges, recovery costs, repair or replacement costs, loss of use, attorney’s fees, and other amounts arising from the default.

Inspection and Monitoring: Triple T reserves the right to inspect the Equipment at reasonable times during the rental period. Customer shall provide reasonable access to the Equipment for inspection, maintenance, repair, replacement, or retrieval. Triple T may use GPS, telematics, or other equipment-monitoring technology when installed on the Equipment for location tracking, theft prevention, maintenance, utilization, and operational purposes.

Force Majeure: Triple T shall not be liable for delays or failures in performance resulting from events beyond its reasonable control, including but not limited to: Severe weather. Natural disasters. Fire or flooding. Labor disputes. Supplier or manufacturer delays. Transportation interruptions. Governmental actions. Acts of terrorism or civil unrest. Pandemics or public health emergencies. Utility interruptions. Parts or equipment shortages. Other events beyond Triple T’s reasonable control.

Governing Law and Venue: These Terms shall be governed by and interpreted under the laws of the State of South Carolina. Any legal action arising from or relating to these Terms or the rental of Equipment shall be brought in a court of competent jurisdiction located in South Carolina, unless otherwise agreed in writing by the parties.

Successors and Assigns: These Terms shall be binding upon and benefit the parties and their respective successors, permitted assigns, affiliates, subsidiaries, and any entity acquiring substantially all of the assets or business of Triple T. Customer may not assign or transfer its rights or obligations without prior written consent from Triple T.

Miscellaneous: These Terms, together with the applicable proposal, quotation, rental agreement, purchase order accepted by Triple T, and invoice, constitute the entire agreement between the parties concerning the rental of the Equipment. Any conflicting or additional terms contained in a Customer purchase order or other document are expressly rejected unless specifically accepted in writing by an authorized representative of Triple T. No verbal statement, representation, or agreement shall modify these Terms unless confirmed in writing by an authorized representative of Triple T. If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Failure by Triple T to enforce any provision shall not constitute a waiver of its right to enforce that provision or any other provision in the future. Triple T reserves the right to revise these Terms from time to time. The version in effect on the date Customer accepts the applicable rental proposal or takes possession of the Equipment shall govern the transaction.