Terms of Service
TIME OF RETURN. Customer’s right to possession terminates on the expiration of the rental period and retention of possession after such time constitutes a material breach of this contract. Time is of the essence in this contract. Any extension must be mutually agreed upon in writing. Customer agrees that the Company may enter customer’s property or any location where rental property of the Company is located and retake the same without any claim arising against the Company for so doing. Customer will be responsible for normal pick-up charges.
Failure, refusal or neglect to return the rental property within 24 hours after the agreed rental period has expired, or the presenting of false, fictitious or misleading identification to the Company, shall be considered a gross deviation from the rental contract and shall constitute prima facie evidence of an intention to commit theft.
MAINTENANCE AND CARE AND INSPECTION. Customer is responsible for the care and normal service of equipment and is responsible for all damages direct or indirect due to lack of care and service. Specifically, customer has been specifically advised to keep the equipment free of dust, debris, moisture and impact and that the presence of such conditions may result in damage to the equipment for which customer will be liable to the Company. Further, the Company shall have the right at any time to enter the premises where the equipment is being used or is thought to be located without becoming liable for trespass or fraud and shall be given free access thereto for the purpose of inspection or service of such equipment.
INSPECTION. Customer acknowledges that customer has had an opportunity to personally inspect the equipment, and finds it suitable for customer’s needs and in good condition, and that customer understands its proper use. Customer further acknowledges customer’s duty to inspect the equipment prior to use and to notify the Company of any defects.
MALFUNCTIONING EQUIPMENT. If the equipment malfunctions during use, customer agrees to discontinue use and notify the Company. If available, the Company will replace the equipment with similar equipment in good working order. The Company shall not be responsible for any incidental or consequential damages to persons or property caused by delays relating to malfunctioning equipment.
DIRTY, DAMAGED OR LOST EQUIPMENT. Customer agrees to pay for any damage to or loss of the equipment, as an insurer, regardless of cause, while the goods are out of the possession of the Company, reasonable wear and tear expected. Customer also agrees to pay a cleaning charge for equipment returned dirty. Rental charges cannot be applied against the purchase or cost of repair of damaged or lost goods.
Equipment damaged beyond repair will be charged for at its replacement market value. The cost of the repairs will be borne by the customer, whether performed by the Company, or at the Company’s option, by others.
INDEMNITY; HOLD HARMLESS. Customer agrees to indemnify, reimburse and hold the Company harmless for any and all claims, causes of action, or liabilities, regardless of theory of liability, asserted against the Company by customer, customer’s agents or third parties, arising out of the use of the equipment or a breach of this contract by customer.
SEVERABILITY. The provisions of this contract shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
COLLECTION COSTS. Should any of the provisions of this contract require enforcement through legal means, customer agrees to pay all costs including costs of collection, court costs, interest and attorneys fees for enforcement of the Company’s rights under this contract. When paying by check, customer expressly authorizes merchant to debit customer’s checking account for the amount of any check returned plus any applicable returned check fees.
LIMITATION OF LIABILITY; WARRANTIES. THE COMPANY makes no warranties OF merchantability, satisfactory quality, capability, operation, performance, suitability or fitness for any particular purpose. IN NO EVENT SHALL THE COMPANY BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR CLAIMS FOR LOSS OF BUSINESS OR PROFITS, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE COMPANY’S TOTAL LIABILITY PURSUANT TO THIS CONTRACT, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED AN AMOUNT EQUAL TO THE PROFITS EARNED BY THE COMPANY UNDER THIS AGREEMENT.
SUBRENTING. The equipment shall not be subrented by the customer, nor shall customer assign or transfer any interest in this contract without the prior written consent of the Company.
INSURANCE. Acme Camera Company does not provide insurance of any kind. If customer has insurance covering damage, customer shall exercise all rights available under said insurance, take all action necessary to process a said claim and customer shall further agree to assign said claim and all proceeds from such insurance to the Company. Upon request of the Company, customer shall furnish the name of his insurance agent, insurance company and complete information concerning insurance coverage carried.
TIME AND CHARGES. Unless otherwise agreed by the Company, the Company will charge from the time equipment is picked up or delivered until equipment is returned, including Saturdays, Sundays, and Holidays.
CREDIT CARD AND BLANK CHECK AUTHORIZATION. Customer, and any person who has signed this Contract, authorizes the Company to at any time charge the credit card(s) or other payment accounts given in connection with equipment rented or parts, equipment and services purchased, including without limitation all repair or replacement costs necessitated by customer’s use or misuse of the equipment and any future, on-going rentals or purchases and ADDITIONAL BILLING FOR LOST, STOLEN OR DAMAGED RENTAL EQUIPMENT.
INTEREST ON PAST-DUE AMOUNTS. All amounts accruing hereunder which are not paid when due shall bear interest at the rate of 1 ½% per month from the date due.