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TERMS AND CONDITIONS

1. Deposit & Payment Requirements: Both signed agreement and deposit are required to hold the equipment for the event date.  Any deposit will be applied to the final invoice. Entire balance will be due 14 days prior to the event date.

 

2. Cancellations: We understand plans change.  The deposit is nonrefundable, however, we would be happy to transfer it to a new date for you.

 

3. Delivery: The Customer must make sure the site is ready for delivery on the agreed delivery date and time.  If the site is not ready or accessible when the Company arrives for delivery, the Customer will be charged an additional fee based on the additional time required to deliver the equipment or if the Company cannot deliver the equipment within the Company’s business hours on the rental period start date, this agreement shall be considered completed by the Company and the Customer agrees to forfeit the deposit and pay the balance on the rental charges on the rental period expiry date.

 

4. Inspection: The Customer acknowledges that he has had an opportunity to personally inspect each of the equipment and find it suitable for his needs, is in good working condition and that he understands its proper use.  It is the Customer’s duty to inspect the equipment prior to use and notify the Company of any defects.

 

5. Replacement of Equipment: The Company does not warrant that the equipment will be free from defects.  If any of the equipment becomes unsafe for use or defective as a result of normal use, the Customer agrees to notify the Company immediately and the Company will replace the defective equipment with equipment in good working condition, if available.  The Company is not responsible for any incidental or consequential damages caused by any defective equipment, delays or otherwise. 

 

6. Use of Goods: The Customer agrees that the equipment shall be used only by persons competent in its proper use and that the Customer is solely responsible for ensuring that users of the equipment are competent users.

 

7. Prohibited Uses: The Customer agrees that use of the equipment in the following circumstances is prohibited and constitutes a breach of this agreement:

  • Use for illegal purposes or in an illegal manner

  • Use when equipment is defective, unsafe or not in good working condition

  • Improper, unintended use or misuse

  • Use of anyone other than the Customer or his employees or guests

  • Use at any location other than the address specified by the Customer or the room where the equipment was set up by the Company

  • Tampering with any of the equipment.

8. Return: The rental period shall expire after 24-48 hours from delivery by the Company and the Customer’s right to possession terminates at such time and retention of any of the equipment thereafter constitutes a breach of this agreement.

 

9. Late Returns: The Customer agrees to return the equipment during the Company’s business hours.  If not timely returned, the Customer agrees to pay additional rental fees equal to 100% of the rental charges for every day of delay.  The Customer also agrees to pay for any damages to or loss of the equipment occurring between the time of return and the commencement of the Company’s next business day.

 

10. Repossession: Upon failure to pay any amounts due under this agreement or any other breach of this agreement, the Company may terminate this agreement and remove and take possession of the equipment from wherever it may be located, and the Customer shall hold the Company and its agents free and harmless from any liabilities or claims for damages or trespass arising from said removal or repossession.

 

11. Dirty, Damaged or Lost Equipment: The Customer agrees, as an insurer, to pay for any damages to or loss of any of the equipment arising from any causes other than reasonable wear and tear while the equipment is out of the possession of the Company.  The Customer also agrees to pay a reasonable cleaning charge for any equipment returned dirty beyond normal wear and tear.  Accrued rental charges cannot be applied against the purchase or cost of repair of damaged or lost equipment.  The cost of repairs will be borne by the Customer, whether performed by the Company or, at the Company’s option, a third party.  Equipment damaged beyond repair will be purchased by the Customer at its fair market value on the date of delivery.  Costs for damages, repair or replacement will be assessed within 2 days of return and presented in a separate invoice payable within 14 days from receipt thereof.

 

12. Collection Costs: The Customer agrees to pay all reasonable collection, attorney’s fees, court fees and other expenses involved in the collection of any charges or the enforcement of the Company’s rights under this agreement.

 

13. Loading and Unloading Goods: The Company is responsible for loading and unloading of the equipment.  If the Customer or anyone acting on behalf of the Customer assists in the loading or unloading of the equipment, the Customer agrees to assume the risk of, and hold the Company free and harmless from, any property damage or personal injuries, including damages or injuries attributable to the negligence of the Company or its employees.

 

14. Assignments: The Company may assign this agreement without the Customer’s consent, but will remain bound by all of its obligations herein.  The Customer may not assign, sublease or loan any of the equipment.  Any such purported assignment, sublease or loan by the Customer is void.

 

15. Disclaimer of Agency and Manufacture: The Customer agrees that it is not the agent of the Company for any purpose.  The Customer also agrees that the Company is not the manufacturer of the equipment nor the agent of the manufacturer.

 

16. Title: This agreement is not a contract of sale.  Title to the equipment remains in the Company.

 

17. Severability: The provisions of this agreement shall be severable.

 

18. Indemnity: The Customer agrees to assume the risk of, and hold the Company free and harmless from, property damage or personal injuries caused by any of the equipment or the Company’s negligence. Customer also agrees to indemnify and reimburse the Company for all liabilities to any third parties, arising out of the use of the equipment or breach of this agreement by Customer.

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