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1. Physical Condition of Rental Item(s) You acknowledge that prior to taking possession of the rented item(s), you examined it, saw it in operation (if applicable), and are aware of its condition and agree that it is in good condition, except for defects noted on the rental agreement. It is your responsibility to return the rented item(s) to ACAV in the same condition.
2. Use of Item(s) You agree that you are satisfied with the instruction given by ACAV in the proper and safe manner of using the item(s) or that you are familiar with the equipment and have advised ACAV as such. You further agree that the item(s) will be used only at the address designated and only for the purpose for which the item(s) was manufactured and intended.
3. Responsibility for Use You are responsible for the use of the rented item(s). You assume all risks inherent in the operation and use of the item(s) and agree to assume the entire responsibility for the defense of, and to pay, indemnify and hold ACAV harmless from, and hereby release ACAV from, any and all claims for damage to property or bodily injury (including death) resulting from the use, operation or possession of the item, whether or not it be claimed or found that such damage or injury resulted in whole or in part from ACAV’s negligence, from the defective condition of the item or, from any cause. If the item is lost, stolen, or damaged under any circumstances while rented, regardless of fault, you shall be responsible for all charges, including labor costs, to replace or repair the item(s). You agree that no warranties, expressed or implied, have been made in connection with this rental. Credit for non-working equipment (hardware problems) will be granted only if ACAV is given the opportunity to resolve any problems.
4. Item(s) Failure You agree to immediately discontinue the use of the rented item(s) should it at any time become unsafe or in a state of disrepair, and will immediately (one hour or less) notify ACAV of the facts. ACAV agrees in it’s discretion to make the item(s) operable within a reasonable time, or provide you with a like item if available, or make a like item available at another time, or adjust the rental charges. This provision does not relieve you from the obligations imposed by other Paragraphs. In all events, ACAV shall not be responsible for any injury or damage, including consequential damage, resulting from failure or defect of a rented item(s).
5. Return of item(s) The rented item(s) is the property of ACAV and is rented to you subject to this contract for rental charges for a period of time. If you desire to extend the term of this rental beyond the time and date specified, you must immediately notify ACAV to obtain our approval, the terms for the extension, and a modification of this contract. If this contract has not been extended and you fail to return the item(s) when due, ACAV, to enforce its property ownership of the item(s) and to protect its interests under this contract, may retake the items(s) at any time and to do so ACAV, or its representatives, may enter your property and you hereby waive any right of action against ACAV for such entry and retaking. In addition, you acknowledge that the failure to return rented item(s) within the contracted time and the sale or concealment of rented items(s) are prohibited, and that such action may constitute a crime. In addition to any other action ACAV may take, ACAV may notify the authorities and take other action, including the filing of criminal complaints, subjecting you to prosecution.
6. Charges and Payments Return the item(s) promptly, clean and in good condition. You are responsible for rental charges from the time the item(s) is “rented out”, as specified, until it is “returned”. You, your representative, agent, or principal shall be responsible for and shall pay ACAV all charges herein. All charges are due upon delivery of the item(s), and on demand. If the rental charges are charged to someone other than the Renter, the Renter, represents he is the agent of such party and has the right to charge this rental; the Renter nevertheless will remain liable for the charges and for the other obligations and responsibilities of the Renter herein. If rental charges are not paid within 10 days of their due date, ACAV, at its discretion may recalculate all charges on a daily rental rate basis. ACAV functions under the following domains on the Internet: bestcomputerrentals.com; innovativerental.com; precisionrentals.com. All rental agreements are with Action Computer & Audio Visual (ACAV) and all payments will be processed by ACAV. Checks should be made payable to ACAV, and mailed to ACAV, Accounts Payable, 3880 Greenhouse Rd., Suite 202, Houston, TX 77084. Credit Card charges will show on renter’s credit card statement as a charge from ACAV.
7. Rental Fulfillment At times ACAV supplies and delivers equipment on behalf of other rental companies, and the pre-arranged rental costs are ultimately their responsibility. However, item(s) that are delivered on behalf of another rental company to an end-user are subject to the same stipulations outlined above. Damage to, or loss of item(s), item(s) not returned on time may be subject to additional rental, and/or repair/replacement costs. The end-user and/or the originating rental company may be held liable for any or all additional charges.
8. Collection Costs You agree to pay attorney fees, collection fees, court costs, and any other expenses incurred in collecting any charges under this agreement, in retaking the rented item(s) or otherwise in enforcement of the terms of this contract.
9. Modification of Contract This paper, along with the Rental Agreement, represents our entire contract, and there are no collateral, oral, or other agreements outstanding. None of ACAV’s rights may be changed and no extension of the term of this contract may be made except in writing signed by ACAV and made a part of the contract. |
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