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Fantasee Lighting
(734) 699-7200
www.fantaseelighting.com
Rental Terms and Conditions
Effective 1/1/2010
Subject to Change without Notice
1. LEASE. Cust. has agreed to
rent from FL the equip. listed on the rental invoice and, if
applicable, to obtain services from FL as detailed on the rental
invoice, subject to these T&C's.
2. TERM. The initial term of
this rental or service commences upon receipt and ends on the date
specified on the rental invoice, unless renewed in advance, by fax,
email or signed agreement. An additional charge will apply to
late equipment returns by Customer.
3. CANCELLATION. Customer may
cancel this rental agreement by written notice delivered to FL no less
than 36 hours prior to delivery or pickup by Customer. If cancellation
is attempted less than 36 hours before equipment pick up, Customer must
pay any reasonable costs incurred by FL to prepare the equipment for
rental, transportation costs, etc.
4. RENT. Cust. will pay
rentals for term indicated, whether or not equip. is used and will pay
rent for each continuation term, which shall be due up to complete
equip. return to FL. Requests for goods, labor, or other costs incurred
due to circumstances beyond FL's control will be additional charges to
Cust. All payments must be made in U.S. Dollars.
5. SPECIAL ORDERS.
If an order is cancelled after issuing a Purchase Order or making a
deposit, FL may pass along any restocking fee charged to them for the
cancellation. FL may also charge for any irreversible costs
incurred by the cancellation, i.e. credit card fees. A credit
will be issued for any remaining balance from the deposit. No
cash refund will be issued. FL will invoice for any charges not
sufficiently covered by deposit monies received.
6. SECURITY DEPOSIT. A
security deposit will be required, if indicated on the rental invoice.
FL reserves the right to apply the security deposit to cover any
Customer default. Upon lease termination, if Customer has fulfilled all
terms/conditions, FL will return the security deposit balance.
7. DELIVERY AND PICKUP CHARGE /
WAITING TIME. Cust. agrees to pay the Del and P/U charges. Wait
time after 30 min. is $45/hr.
8. INSPECTION. Customer will
inspect all equipment upon receipt prior to any use and shall
continuously inspect the equipment on a regular basis throughout the
rental term. Unless Customer gives FL written notice of a defect within
48 hours after receipt of equipment, it shall be conclusively presumed
that equipment is in acceptable condition.
9. USE. Customer shall use
equipment in careful manner and comply with all laws and industry
standards pertaining to its possession, use or maintenance. Customer
agrees to have persons with experience and training to setup, operate
and dismantle the equipment. Time spent correcting failures due to
operator error will be billed to Customer.
10. LOCATION. The equipment
shall be delivered and thereafter kept at the address on the contract
and shall not be removed without prior written consent of FL. If the
equipment is to be used on a tour, the dates and locations are to be
provided as part of this contract.
11. RESPONSIBILITY.
Unless the renal invoice states that FL will dismantle the equipment at
the end of the rental term and return the equipment to the FL
warehouse, Customer shall return all of the equipment in good repair
with cable neatly coiled and with equipment in the cases as received.
Equipment shall not be considered returned until completely counted and
checked by FL personnel on site or at the warehouse. Customer is to
plan time on site to review equipment to be returned prior to the
equipment leaving the building. The customer is responsible for being
familiar with the proper use, care and operation of the equipment.
12. ALTERATIONS. Customer
shall not make any alterations, additions or improvements to the
equipment without FL prior written consent.
13. INDEMNIFICATION. Customer
shall indemnify and hold FL harmless, and defend FL at Customer's
expense from all claims, actions and suits arising from the use of
equipment by any person, including Customer employees, arising for any
reason or cause, except for willful misconduct on the part of FL.
14. LOSS AND DAMAGE. Cust.
shall bear the entire risk of loss, theft, damage or destruction of the
equipment from any cause. In the event of damage, loss, theft or
destruction of equipment for any reason; Cust. shall notify FL in
writing within 12 hours of discovery. If equipment is stolen, a police
report is to be made by the Cust. on site. If FL determines that
any item of equipment is damaged beyond repair, Cust. shall pay FL all
of the following (a) all amounts then owed by Cust. to FL under this
lease, (b) the fair market value of said item on the date of such loss.
If any item of equipment is damaged, and in the opinion of FL may be
repaired, Cust. agrees to pay the cost of complete repair, including
freight and lost rentals while in repair or transit.
15. OWNERSHIP. The equipment
is the property of FL. Customer will not acquire title to the
equipment. Rental charges cannot be applied to any subsequent equipment
purchase.
16. LIENS. Customer shall keep
the equipment free and clear of all liens and encumbrances Customer
shall pay all charges and taxes (local, state and federal) imposed upon
possession and use of the equipment, excluding, however, taxes on the
income of FL.
17. ASSIGNMENT. Cust. shall
not (a) assign, transfer, pledge or otherwise dispose of this lease or
(b) sublet or lend the equipment or permit it to be used by anyone
other than Cust. employees or individuals under Cust. direct
supervision. Cust. assumes all responsibilities for loss, theft, or
damage to the equipment while in Cust. possession.
18. DEFAULT. If Cust. fails to
pay monies owed or if Cust. fails to perform any other provision
of this contract, FL shall have the right to exercise any of the
following options: (a) sue for and recover all monies due accrued under
this lease, (b) take possession of any or all of the equip., wherever
located, without demand or notice, without any court order or other
process of law, and without incurring any liability to Cust., for any
damages occasioned by such taking of possession, (c) terminate this
lease as to any or all items of equipment, (d) pursue any other remedy
now or hereafter existing at law or in equity. Any action that FL may
take, the Cust. shall remain liable for all its obligations. In
addition, Cust. shall pay FL all costs and expense, including
reasonable attorney fees, incurred by FL in enforcing this Lease.
All such remedies are cumulative, not exclusive.
19. NOTICES. Any notice under
this agreement shall be given in writing by mailing it to the recipient
at the address on the rental agreement or at such address as the party
may provide in writing. Notices shall be effective when deposited in
the U.S. mail.
20. WARRANTY All equipment is
tested in advance and offered for inspection prior to receipt. FL does
not guarantee equipment against failure. FL will make every effort to
correct a malfunction when notified. Customer is also to plan for time
to thoroughly review, approve and then sign for the equipment when
delivered on site or at time of pickup at FL. Customer is liable
for consequential or incidental damages, repair and/or replacement of
any components, including lamp burnouts not included in the rental
inventory.
21. MULTIPLE LESSEES. If more
than one Customer is named in this lease, then each lessee will be
jointly and severally liable for all obligations under this Lease.
22. NOTIFICATION. The Cust.
SHALL NOTIFY FL of all information related to an "occurrence" involving
or in any way related to the leased equipment IMMEDIATELY, but in no
event more than 12 hours, after the Cust. discovery of the same. An
"occurrence" is defined as a disappearance, theft or injury to person
or property by or around the leased equip.
23. ENTIRE AGREEMENT. This
contract constitutes the entire agreement between FL and the Cust. A
provision may be changed only in writing and assigned by an FL agent.
24. INSURANCE. The Customer
agrees to maintain, carry, and provide proof of adequate liability,
physical damage, public liability, property damage, and casualty
insurance for the replacement cost of the equipment, including all
risks or loss or damage covered by the standard extended coverage
endorsement to cover any damage or liability, arising from the
handling, transportation, maintenance, operation or use or equipment
during entire rental period. The certificate of insurance and policy
shall provide that FL shall receive not less than thirty (30) days
prior notice to any cancellation.
25. OTHER TERMS. FL agrees to
rent equipment to Cust. only on the terms stated here. FL does not
agree to any different or additional terms proposed by Customer.
Customer's acceptance of the equipment constitutes its agreement to be
bound by the terms stated in the rental invoice for that equipment and
these Equipment Rental Terms and Conditions.
26. MICHIGAN LAW. This
Agreement will be governed by Michigan law, without regard to its
conflict of laws rules. Customer consents to the exclusive jurisdiction
of state or federal courts located in Michigan as the forum for any
litigation concerning this Agreement.
27. If you do not sign this quotation, but authorize us to proceed with
services by email, purchase order or verbal contract, you will be bound
by our contract terms as stated.
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