TERMS AND CONDITIONS OF RENTAL AGREEMENT
Poll Sound, hereinafter called Lessor, hereby leases to the party shown on any quotes, contracts or invoices, hereinafter called the Customer, the described equipment and services, and the Customer accepts said equipment and services under the following terms:
a. All of said and listed equipment shall be returned by the Customer to the Lessor’s place of business as specified at the time of rental in writing or on any rental quotes, contracts or invoices.
b. A full daily rental charge may be added to this lease for each day, or fraction thereof, that the Customer fails to return all of said equipment.
c. Upon the 3rd day of late return without communication with the Customer the rented goods will be considered stolen. Customer will be prosecuted in accordance with Utah State Law. Customer credit card on file can be charged for the full retail replacement of rented equipment. Customer is responsible for any and all repossession, attorneys fees and collections.
a. Lessor warrants that the equipment is in good condition at the time it is delivered to the Customer, but makes no other warranties or representations of any kind regarding the installation or use of said
b. Unless otherwise specifically provided for, all installations and connections shall be the responsibility of the Customer and not the Lessor.
c. Lessor agrees to replace or repair said equipment free of any additional charge during the term of this lease provided said repairs are caused by reasonable wear and tear on said equipment and provided that the Customer shall return the equipment to the Lessor’s place of business to have the repairs made upon it, unless other repair terms are specifically agreed to in writing on a quote or contract.
d. The Customer shall be liable for all repairs and replacements necessary when caused for any reason other than reasonable wear and tear.
e. Customer who has a technician from the Lessor on their rental is not released from damaged equipment liability. Customer is responsible for equipment damages caused by attendees, artists or others who are not hired by Lessor.
f. Customer is responsible for any damages that may occur to equipment during the transportation of equipment that is arranged by the Customer. Lessor is only liable if transportation was provided by Lessor. Customer is advised to take great care of equipment during transportation and to select shipping carriers that are familiar with entertainment industry equipment.
a. Day of Rental Cancellations – Customer is responsible for 100% of the total of the invoice if canceled the day of the rental or at any time during the rental period.
b. Less than 3 day’s notice Cancellations – Customer is responsible for 50% of the total invoice if notification of cancellation is received in less than 72 hours prior to the day of the rental, except for costs related to customized equipment, engineering fees and procurement of equipment from third-party sources for which the customer is 100% responsible.
c. More than 3 day’s notice Cancellations – Customer is responsible for costs related to customized equipment, engineering fees and procurement of equipment from third-party sources if the rental is canceled more that 48 hours before the rental.
d. Cancellations due to Force Majeure (including but not limited to: acts of God; acts of terrorism; riot; epidemics; flood; fires; unusually severe weather conditions; or other contingencies the non-occurrence of which was a basic assumption on which this rental agreement was made) will be charged only actual costs incurred by Lessor so long as the rental is re-scheduled within 6 months of the original rental date. If the rental is not re-scheduled within the 6-month window, then a fee of 100% of the total invoice will be incurred. Lessor does not provide refunds for cancellations due to Force Majeure; the Customer will have the opportunity to re-schedule the rental, if the Customer chooses not to, it is the same as canceling on the day of the rental.
a. Refunds are limited to value of the rented items in the rental quote, contract or invoice.
b. Customer discharges Lessor from liability or damages in excess of the rental amount in the event of equipment failure or unavailability.
c. Customer is responsible for immediately notifying Lessor of any equipment failure, missing equipment or other operational issue in order for a refund to be considered. Lessor can be notified 24/7 via the following methods: firstname.lastname@example.org and (801) 261-2500. Lessor maintains 24/7 technical support and will make every effort to replace missing or malfunctioning equipment.
d. Costs of equipment from third-party sources may not be refundable.
a. Title to all equipment leased herein shall remain exclusively with the Lessor regardless of how or when said equipment is attached to any real property or other equipment and upon failure of customer to redeliver said equipment Lessor is given the right upon the premises to remove the same.6. Subrental of Equipment and Laws / Ordinances
a. The Customer shall sublet no equipment, nor shall he assign or transfer any interest herein without written consent of Lessor.
b. Customers responsibility remains with the Customer in the event of subleases or assignments of the rental equipment to any other party.
c. Customer agrees to comply with all laws and ordinances in connection with the use of any equipment and where necessary the Customer shall procure the necessary licenses or permits in connection with the use of said equipment.
a. Time is of the essence of this agreement. In the event this agreement is placed by Lessor in the hands of an attorney to enforce any of the terms hereof the Customer shall be liable to pay a reasonable attorney’s fee in addition to all other claims or damages for which he may be liable.
b. Venue for any action under this agreement brought in the State of Utah shall be in Salt Lake County regardless of the place of residence of the Customer.
c. This rental quote, contract or invoice constitutes the only agreement between the Lessor and Customer, and no promise, representation or warranty, express or implied, not contained therein shall be binding upon wither party hereto.
a. Payment shall be due at the office of Poll Sound as stipulated on this agreement. Interest shall be charged at the rate of 18% per annum from the due date of payment in full.
b. Customer agrees to pay all costs and attorney’s fees if litigation is required to collect delinquent accounts.