Terms & Conditions
All equipment including accessories and software rented by customer (Lessee) is and shall remain VENDOR’s property. Lessee shall not remove, alter or efface any stencil, plate, label or other indication of VENDOR’s ownership. Lessee shall have no rights or property interest in the equipment other than as set forth in this Agreement.
Unless otherwise noted on quote and invoice, all equipment details are minimum specifications. VENDOR reserves the right to upgrade equipment as necessary to fulfill orders at no cost to the Client. Client is liable for the value of the equipment delivered.
VENDOR reserves the right to require a security deposit for any rental order it deems necessary, up to the replacement cost of the rented equipment. Any deposit requirement will appear as a line item on the Rental Agreement.
Lessee shall pay the rent indicated on all executed Rental Agreements, prior to shipment of rental order. Lessee understands that any credit card number on record with VENDOR may be debited for any overdue or unpaid invoices or for damages occurring to equipment during rental, plus additional handling fees and taxes.
For orders that are hand-delivered the rental period begins on the date of delivery and ends the date of pick up. For shipped orders the rental period begins on the date of delivery by shipping carrier and ends the date of pick up.
Rental rates are based on the length of the rental period indicated in the Rental Proposal. Rates will not be adjusted if the Lessee terminates this Agreement prior to the expiration of the term indicated nor is VENDOR required to credit or prorate any rental fees if equipment is returned early.
USE & STORAGE
Lessee is responsible for providing safeguards against damage, loss or theft. Lessee shall not permit the equipment to be used in connection with any activity, legal or illegal, which could result in confiscation, attachment or removal of equipment by any authorities.
RETURN OF EQUIPMENT
For orders to be picked up by VENDOR, Lessee shall make all equipment available at the location, date and time indicated on executed Rental Proposal. For orders to be shipped, Lessee shall ship equipment back by date and time indicated on executed Rental Proposal and provide VENDOR a tracking number for said shipment. Lessee is responsible for late fees, up to the cost of an additional rental period that is at least as long at the duration that the equipment is late. Late fees will be due on a net 30 basis. Lessee agrees to authorize Vendor to charge card on file if late fees are not paid, plus an additional $100 service fee.
Lessee agrees to keep the equipment fully insured during the entire rental period by an all-risk policy. Lessee is responsible for all equipment damages and losses from the period of drop off or delivery until the period of pickup or return. VENDOR is not obligated to deliver or release any equipment until Lessee has provided satisfactory evidence of insurance coverage. VENDOR provides the equipment “as is” and makes no warranty, express or implied as to the equipment, its condition, merchantability, or fitness for particular purpose. VENDOR disclaims any and all liability for consequential or incidental damages hereunder including lost profits.
REPAIRS & SERVICE
Lessee is required and shall promptly notify VENDOR of any malfunction of the equipment. Repair or replacement will be made within forty eight (48) hours at the cost of VENDOR. Lessee shall bear the cost of service and repairs made necessary by Lessee’s fault or negligence.
LIABILITIES NOT ASSUMED
We will not be liable for misdelivery, nondelivery, misinformation, or failure to provide information in connection with any delivery or shipment caused by events we cannot control, including but not limited to acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions, or acts or omissions of public authorities (including customs and health officials) with actual or apparent authority.
LIMITATION OF LIABILITY
Lessee agrees to limit VENDOR’s liability arising out of or in connection with this Agreement to no more than the aggregate amount paid for all rental fees paid under this Agreement.
If Lessee breaches any part of this Agreement or if equipment is, in the opinion of VENDOR, in danger of being confiscated or damaged, VENDOR may terminate this Agreement. VENDOR will be entitled to repossess the equipment without notice to Lessee and without liability for any injuries or loss suffered by Lessee due to such repossession. Lessee grants authorization of judgment awarding VENDOR immediate possession of its equipment and acknowledges permission to Lessee’s landlord to allow VENDOR access to the equipment. Lessee will pay VENDOR all rental amounts for the entire rental term. Lessee will be liable for all reasonable damages, costs and expenses which VENDOR has sustained, including, but not limited to, reasonable attorney’s fees and other costs of collection.
VENDOR will not be obligated to deliver or release any equipment unless and until Lessee’s account is approved by VENDOR’s Underwriting Department. Approval could be dependent on business application and other factors. VENDOR reserves the right to deny service for any reason not explicitly prohibited by law.
This agreement shall be interpreted under and governed by the laws of the State of NEVADA. Legal jurisdiction for any problem arising out of this contract is the City of LAS VEGAS, County of CLARK, State of NEVADA.
Lessee understands and agrees that Lessee will be responsible for payment of all taxes related to this transaction, including, but not limited to any and all local sales, use and personal property taxes levied now or in the future.
This Agreement and any Rental Proposal(s) constitute the entire agreement and understanding between Lessee and VENDOR. If any difference in terms exists between this Agreement and any Rental Proposal than the terms on the Rental Proposal shall supersede the terms outlined in this Agreement. Any other changes or modifications must be made to and agreed upon in writing.
Any disputes arising out of or relating to this agreement or the breach thereof by either party shall be decided by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator(s) shall be final, and judgment thereon may be entered in any court having jurisdiction thereof. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration laws. Submission of a claim or dispute to arbitration shall not be a waiver of or limitation on any rights or remedies of VENDOR provided for in this agreement or otherwise available by law.
All order cancellations may be subject to a 3.5% transaction fee plus all shipping charges incurred in relation with the order, including but not limited to, any fees to stop or redirect a shipment in transit. Orders cancelled up to five working days prior to the requested deliver date are subject to an additional 20% restocking fee. All cancellations must be confirmed in writing. This provision does not apply to Rental Orders that are indicated as non-cancelable on the attached Rental Agreement.
The terms and conditions stated herein are declared to be severable. If any paragraph, provision, or clause in this Agreement will be found or be held to be invalid or unenforceable in any jurisdiction in which this Agreement is being performed, the remainder of this Agreement will be valid and enforceable and the parties will use good faith to negotiate a substitute, valid and enforceable provision which most nearly effects the parties’ intent in entering into this Agreement.