Following are the terms and conditions made between OnCue Audio Visual, Inc. (the Lessor) and the person or firm to whom this rental contract is directed (the Lessee).
Rental: This is a rental of the equipment and accessories (referred to as “equipment”) described on the rental invoice document, and not a sale, conditional or otherwise.
Identification: Lessee shall present, at time of rental, a valid photo ID with a street address. P.O. boxes are not accepted as an address. A credit card used for rental must have the same address as noted in Lessee’s photo ID.
Delivery and Return: For purposes of this agreement, Lessee shall be deemed to have taken “delivery” of the equipment from the time equipment is set aside from Lessor’s general inventory for Lessee’s use. Lessee shall be deemed to have returned equipment once equipment has arrived in Lessor’s facility during regular business hours and after Lessor has accepted the same. Acceptance by Lessor of returned equipment is not a waiver by Lessor of any claims Lessor may have against Lessee, nor a waiver of claims for latent or after discovered damage to equipment.
Use and Transport: Lessee shall operate and use equipment in accordance with manufacturer’s instructions and recommended use and shall not abuse or misuse, or use or store the equipment in any manner or at any location which will subject it to abnormal or hazardous conditions or risk. Lessee shall comply with all laws, ordinances and regulations relating to the use, operation and maintenance of the equipment. The equipment shall be sued and operated by qualified employees or agents of Lessee. Lessee may not take equipment out of the continental United States or take from the ground other than on a regular scheduled flight by a recognized airline, nor shall equipment be removed from a location delivered to by Lessor as specified on the invoice (reverse side) without the prior written permission of the Lessor.
Indemnification: Lessee agrees to defend, indemnify and hold Lessor harmless against any claim, liability loss, costs, damages, expenses or demands arising directly or indirectly out of, or in connection with the use of the equipment leased (rented) from Lessor by Lessee, its agents, servants, subleases, contractors, representatives, guests, invitees or customers. Leese will also hold Lessor harmless for any loss or damage arising from the services of technicians, drivers, or any other personnel or services provided by Lessor.
Acceptance: Lessee acknowledges that he/she has fully inspected and accepted said equipment is in good condition and repair. For equipment shipped or delivered, Lessee shall inspect the property immediately on delivery and shall notify Lessor at that time if Lessee determines that the property is not in good working condition. After such delivery and inspection, Lessee acknowledges that the property is hereby rented without any express or implied warranty or guarantee of any kind.
Inspection: At all times during the rental period, Lessor shall have the right to inspect the equipment or observe its use.
Alterations: Lessee shall not make any alterations, additions or improvements to the equipment without prior written consent of the Lessor. Lessor’s property labels shall not be removed from the rental equipment.
Loss and Damage: From the delivery of the equipment to Lessee until its return to Lessor, as those terms are defined herein, including during any time of transit or shipment of the equipment per section below, Lessee shall bear any and all risk of loss and/or damage to the equipment regardless of whether such loss or damage may have been caused by Lessee, Lessee’s agent Sub-lessee, shipper or any third party. If the equipment is damaged, such liability shall include Lessor’s actual cost of repair and the payment of all continuing rental charges until Lessor can restore the repaired equipment to rental use. If the equipment cannot be timely repaired, then Lessee shall be liable for Lessor’s full actual replacement cost for the equipment as well as the payment of all continuing rental charges until the equipment is replaced and restored to rental use by Lessor. The decision as to whether the damaged equipment shall be replaced or repaired shall be solely Lessor’s and shall be conclusive on Lessee. If the equipment is lost, stolen or seized (by a third party or government agency) while in possession of the Lessee or any agent or Sub-lessee of the Lessee or any carrier or storage facility, Lessee shall be liable for full replacement cost of the property and all continuing rental charges until the replacement equipment is restored to rental use by Lessor. Lessee shall by under no obligation to replace or repair equipment until Lessee has paid for the damaged, lost or stolen equipment. Accrued rental charges cannot be applied against the replacement cost, or cost of repair of damaged, lost or stolen equipment.
Shipping: In the event that equipment is transported or shipped, whether from Lessor to Lessee, or to any third party or location, or upon return to Lessor, or anytime between “delivery” and “return” of the equipment as defined in section 3 of this agreement, the risk of loss or damage during transport or shipment is solely Lessee’s. Lessor shall bear risk of loss during transport only during times when Lessors own employees are directly handling transport. If the equipment is to be shipped, it is sent by airfreight, prepaid by the customer on the day of their choice. Lessee shall be required to insure all equipment shipped for the full replacement value of the equipment. The equipment is to be returned via prepaid airfreight and must be marked fir delivery to Lessor. Lessor will allow one day shipping each way in the rental price, so the rental day begins the day after equipment is shipped and ends the day the Lessee ships the equipment back, provided it is sent next day air. Lessor is not responsible for delays caused by the carrier. If it is critical that the equipment be received by a certain date, Lessor suggests Lessee ships equipment at least 48 hours in advance. All equipment is thoroughly tested and operated before shipment, however air handling can be hard on equipment and this is totally out of the Lessor’s control, therefore in the event of malfunction Lessee should inform Lessor immediately; Lessee is still responsible for transportation and rental costs (refer to section 3).
Insurance: Lessee shall, at his or her own expense, cover by insurance the full replacement value of all the equipment rented for all loss and damage, name Lessor as a payee and an additional insured and shall evidence this by providing Lessor with a certificate of insurance which covers the rental period from Lessor portal to portal. The customers insurance must include rented or leased equipment during the entire time of the rental, including transportation of the equipment from or to Lessee’s place of business, even if such transportation is accomplished by a third party carrier. Lessee’s insurance should include continued use coverage as rental charges accrue until insurance claims are settled in full. The certificate must also cover all liabilities incurred by use and operation of the equipment and personnel under the control of Lessee and shall indemnify and hold harmless Lessor from all and any expenses, damages and liabilities. Policies with Unattended Vehicle Disclaimers will not be accepted. An original of this certificate of insurance must be presented to Lessor 36 hours prior to the release of equipment. All certificates and attached forms are subject to verification and approval by the management before the equipment is released. A credit card is required to cover any insurance deductible as well as to guarantee rental payment.
Deposit: At Lessor’s discretion, Lessee can use a credit card or cash in the amount of the full replacement cost of equipment rented in lieu of insurance. The rental deposit will be returned to Lessee on the return of the equipment, barring any damage, missing equipment or late charges. Please note that deposits on credit cards can take up to fourteen days to be cleared from your account. Lessee and/or charge card holder waives the right to dispute with the credit card company and agree to resolve disputes as if charges were made as cash payments. In certain cases, as with some portable or handheld equipment (including but not limited to as noted in the Company Policies), a deposit in the full replacement value will be charged. The election by Lessor to request and accept a security deposit in lieu of a certificate of insurance from Lessee, or for any other reason, does not constitute a waiver or limitation by Lessor of any of Lessor’s rights or Lessee’s obligations under this agreement.
Sublease by Lessee: The grant by Lessee of a sublease of the equipment shall not affect Lessee’s obligation to procure insurance for the benefit of Lessor as provided herein, nor shall sublease otherwise effect or diminish Lessee’s obligations under this agreement.
Surrender: Upon the expiration or earlier termination of this lease, Lessee shall return the equipment and all accessories (including but not limited to, sensors, connectors, cables, power cords, operation or maintenance manuals, and adapters furnished by Lessor) to Lessor in good repair, in the same condition as said equipment was at time of delivery (or pickup) to Lessee, ordinary wear and tear resulting from the proper use thereof excepted. Lessee shall return all burnt-out lamps and expendables, even if such expendables are partially used. If Lessee fails to do so, Lessee shall be billed for the replacement value of the same.
Liens: Lessee shall keep the equipment free and clear of all liens and encumbrances whatsoever.
Warranty: Lessee acknowledges and agrees that Lessor makes no warranty, express or implied, regarding the equipment, including without limitation any warranty of merchantability of fitness for any purpose. Lessor’s obligation to Lessee shall be limited to the repair or replacement of equipment which is defective when delivered (or picked up by) to Lessee or which is damaged due to Lessee’s reasonable and common use. Lessee agrees that this shall be Lessor’s sole and exclusive remedy against Lessor.
Severability: The provisions of this contract shall be sever-able so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
Default: Upon Lessee’s default or breach of any event provision thereof, or upon the happening of any event expressed in the following paragraph (17) hereof, Lessor shall have, in addition to all legal remedies available to Lessor, the right to take possession of any or all items of equipment, without demand or notice, wherever the same may be located, without any court order or other process of law. Lessee assumes responsibility for any and all damages occasioned by said taking and shall compensate Lessor for any cost in repossessing the rented equipment.
Bankruptcy: Neither this Rental Contract nor the equipment is assignable or transferable by operation of law. If any proceeding under the Bankruptcy Act, as amended, is commenced by or against Lessee, or if Lessee is adjusted insolvent, or makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on any item or items of the equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Lessee is a party with authority to take possession or control of any item or items of the equipment, Lessor shall have the right to recover from Lessee’s all the sums then due and repossess the equipment as stated in Section 17. This Rental Contract shall at the option of the Lessor, without notice, immediately terminate and shall not be treated as an asset of Lessee in exercise of said option.
Lessor’s Enforcement Expenses/Venue: Lessee shall pay Lessor all costs and expenses, including attorney’s fees, incurred by Lessor in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof. This contract shall be deemed entered into and to be performed in Monrovia, CA.
Assignment, Etc: This Rental Contract and/or the equipment may not be assigned, transferred, pledged, hypothecated, sublet or lent by Lessee to anyone without prior written consent of Lessor. Lessor may assign the Rental Contract and/or mortgage and/or sell said equipment subject to the terms thereof.
Cancellation and Late Charges: In the event of cancellation, charges may appear in consideration of Lessor’s preparing, holding in reserve, or sub-renting equipment on Lessees behalf. Lessor shall be entitled to compensation from Lessee for canceling of all or part of an order. A cancellation fee of the daily rate will be charged to Lessee if notice of cancellation is not received before 3:00PM the day preceding the day of rental. A late charge applies to equipment returned to the place of rental after 1:00PM on the day of return. The late charge is 20% of the daily rate for each hour after 1:00PM, maximum five hours per each day late, which then incurs one (1) additional daily rate.