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Terms of Service agreement:
RENTAL
AGREEMENT
The RENTAL AGREEMENT is made between Axis Audio Video & PC Rental Inc (“Rentor”)
and the person and/or firm to whom this invoice is directed (“Rentee”)
1. TERMS/RENTAL/PAYMENT: This is a lease of the equipment and accessories
(hereinafter collectively referred to as “equipment”) described on the http://axisaudiovideopcrental.com/default.aspx
hereof and not for sale, conditional or otherwise thereof. The term of this
lease, unless otherwise specified, is from day to day with rental payable upon completion
of the equipment and Rentee agrees to
pay such rental promptly when due.
2. LOCATION: The equipment shall be used only at the locations shown on the http://axisaudiovideopcrental.com/default.aspx
hereof and shall not be removed from
these locations without Rentor’s prior written consent.
3. COMPLIANCE WITH LAWS, LABELS: Rentee shall comply with all laws, ordinances
and regulations in anywise relating to the use, operation or maintenance of the
equipment. Rentor’s property labels shall not be removed.
4. ACCEPTANCE: Rentee acknowledges that he has fully inspected and accepted
said equipment in good condition and repair.
5. INSPECTION: At all times during business hours, Rentor shall have the right
to inspect the equipment or observe it’s use.
6. ALTERATIONS: Rentee shall not make any alternations, additions or
improvements to the equipment without written consent of the Rentor.
7. LOSS AND DAMAGE: Rentee hereby assumes and shall bear the entire risk of
loss and damage to the equipment from any and every cause whatsoever, except as
otherwise provided in following paragraph.
8. SURRENDER: Upon the expiration or earlier termination of this lease, Rentee
shall return the equipment and all accessories (including, but not limited to,
sensors, connectors, cable, terminations, power cords operation, or maintenance
manuals, and test charts furnished by Rentor to Rentee in good repair, in the
same condition as said equipment was at the time of delivery thereof to Rentee,
ordinary wear and tear resulting from the proper use thereof alone excepted.
9. LIENS: Rentee shall keep the equipment free and clear of all liens and
encumbrances whatsoever.
10. WARRANTY: Rentee acknowledges and agrees that Rentor makes no warranty,
express or implied, regarding the equipment, including
without limitation any warranty or merchantability or fitness for any purpose.
Rentor’s obligation to Rentee shall be limited to the repair or replacement of
equipment which is defective when dlivered to Rentee, and Rentee agrees that
this shall be its sole and exclusive remedy against Rentor.
11. DEFAULT: Upon Rentee’s default or breach of any provision hereof, or upon
the happening of any event expressed in the following paragraph (12) hereof,
Rentor shall have, in addition to all legal remedies available to him, 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 and Rentee hereby waives any and all damages occasioned by said
taking. There is also a $35 administrative charge for bounced check
collection.
12. BANKRUPTCY: Neither this Rental Agreement 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 the Rentee, or if the Rentee is
adjudged insolvent, or makes any assignment for the benefit of his creditors,
of 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 Rentee is a
party with authority to take possession or control of any items of the
equipment, Rentor shall have and may exercise any one or more of the remedies
set forth in paragraph11 hereof. This Rental Agreement shall, at the option of
the Rentor, without notice, immediately terminate and shall not be treated as
an asset of Rentee after the exercise of said option.
13. RENTOR’S EXPENSES: Rentee shall pay Rentor all costs and expenses,
including attorney’s fees, incurred by Rentor in exercising any of its rights
or remedies hereunder or enforcing any of the terms, conditions, or provisions
hereof.
14. ASSIGNMENT, ETC: The Rental Agreement and/or the equipment, may not be
assigned, transferred, pledged, hypothecated, sublet or lent by Rentee to
anyone without prior written consent of Rentor. Rentor may assign the Rental
Agreement and/or mortgage and/or sell said equipment subject to the terms
hereof.
15. CANCELLATION: Cancellation prior to 24 hours of commencement of the rental
period is not subject to charge. Cancellation within 24 hours of commencement
of the rental period is subject to charge for technician’s time. Cancellation
once technician has departed for the rental site will be charged in full.
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