RENTAL TERMS AND CONDITIONS
1. Renter agrees to promptly notify and obtain agreement from Broadcast Rentals, Inc. to any extension of the rental term. The rental agreement and/or equipment can not be assigned, pledged, sublet or lent to anyone without the prior written consent of Broadcast Rentals. Renter acknowledges s/he has full understanding of the operation of equipment. If the equipment is subject to a separate lien agreement between Broadcast Rentals and a third party, Renter’s rights under this Rental Agreement are subject, junior, and subordinate to any and all rights of the third party.
2. Rental prices are quoted based on a 24-hour period from the time the equipment leaves the premises of Broadcast Rentals until it is retuned. Early pick-up can be arranged. Weekly and monthly rates are available upon request. Applicable state and local taxes are in addition to prices for rental, purchase, and other taxable items. Equipment is not to be taken outside of the United States without the written consent of Broadcast Rentals.
3. Terms are C.O.D. except where an approved account has been established. Terms are net 30 days on established credit accounts. A service charge of 1.5% per month (18%) annually will be charged on all past due accounts.
4. Renter agrees Broadcast Rentals makes no express or implied warranty with respect to the equipment, including without limitation, warranty and merchantability or fitness for any purpose. Broadcast Rentals’s obligation to Renter shall be limited to the repair or substitution of equipment which when delivered was defective. Renter agrees that his shall be its sole and exclusive remedy against Broadcast Rentals. Equipment problems must be reported immediately to Broadcast Rentals. Validity of all reported claims will be determined by Broadcast Rentals. No adjustments will be made for problems reported after termination of rental. Broadcast Rentals shall not be liable to Renter for, and Renter shall indemnify and hold Broadcast Rentals harmless from all liability, claim, suit, or expense of any kind asserted against Broadcast Rentals arising from claims of the inadequacy, operation, use, or performance of the equipment, any interruption of loss of service or business, or any other consequential damages, whether or not resulting from any of the foregoing.
5. Broadcast Rentals can recommend equipment operators, but makes no representation as to an operator’s ability and accepts no liability for an operator’s actions, whether the operator is paid directly or through Broadcast Rentals. Renter agrees to indemnify and hold Broadcast Rentals harmless for any action of an operator and further agrees to indemnify Broadcast Rentals from any claim, suit, liability, damages or expense which results from an operator’s actions or performance.
6. Renter shall not make any alterations or improvements to the equipment and agrees at termination or expiration of the rental agreement to return the equipment to Broadcast Rentals in good repair, in the same condition it was at the time of delivery to Renter, ordinary wear and tear resulting from proper us excepted. If equipment is altered, modified, or damaged, Renter agrees to pay Broadcast Rentals all costs and expenses incurred to return the equipment to its original condition, including the daily rental rate while equipment is being repaired. Spare bulbs and blown lamps must be paid for if not returned.
7. Upon Renter’s default or breach of any provisions of this contract, Broadcast Rentals shall have, in addition to all legal remedies available, the right to take possession of any or all items of equipment, wherever it is located, without demand, notice, court order, or the process of law and Renter waives all damages occasioned by said taking. Further, Broadcast Rentals shall have the right to terminate this agreement in whole or in part. Should Broadcast Rentals take any action to collect any monies due, Broadcast Rentals shall be entitled to attorney’s fees and costs and interest at 18% per annum from the date the monies are first due. Should any dispute arise between the parties, the dispute shall be resolved based upon Arizona law and be under the jurisdiction of the Arizona courts.
8. Renter agrees to have a Certificate of Insurance on file with Broadcast Rentals when renting equipment. The certificate must be in a sufficient amount to cover replacement/repair of the items rented, including the daily rental rate during replacement or repair, and name Broadcast Rentals, Inc. as loss payee. The certificate must cover equipment the total time the equipment is rented including its shipment by common carrier if applicable. The value of the equipment shall be the current manufacturer’s list price at the time of loss plus shipping and taxes. In lieu of a Certificate of Insurance, Renter will be charged a fee totaling 10% of the rental amount. In this situation the Renter will be held responsible for up to $2500 of the loss or damage.