Video.Equipment Rental Terms and Conditions
1. RENTAL EQUIPMENT SUBJECT TO THIS CONTRACT.
The Company shall rent the equipment from time to time listed on SCHEDULE"A" of each rental, provided to the Client by the Company.
2. PAYMENT TERMS.
The payment terms of the rental are defined in SCHEDULE“A”, including the Security Deposit Amount and the Rental Total, as well as additional taxes.
The full or remaining balance of the Rental Total is due and payable immediately on the Client’s last day of rental, upon return of equipment and shall be due whether or not the Client has received a notice of owed payment.
The Company reserves the right to ask the Client for the Rental Total up front, or include it in the Security Deposit.
Absent the presentment of payment, the Client authorizes the Company, with a receipt provided, to charge their credit card for the remaining balance as well as for any additional expenses as defined in this Agreement. Payments may be made by Interac Debit, E-Transfer, Cash or Credit Card. Cheques will not be accepted.
3. CREDIT CARD DEPOSITS.
The Company may request the Client to provide a valid credit card (Visa, MasterCard or AMEX) as a Security Deposit and/or Rental Total Deposit. Credit Card information will be held securely and safely on private, encrypted Company files.
Security Deposit - The Company shall pre-authorize the Client’s Credit Card for 100% of the replacement value of the rented gear as defined in SCHEDULE “A”. In the event of loss or damage, the Client’s Credit Card will be charged for the full value of the damaged or lost gear. If the replacement or repair value pre-authorized is lower than the actual replacement value, the Client must pay the difference.
Rental Total Deposit - The Company may also ask for a deposit of the Rental Total defined in SCHEDULE “A” to also be put on as a hold on a Credit Card combined with the Security Deposit. See HEADING 6 for our cancellation policy.
This Security Deposit will be returned to the Client at the termination of each Rental, subject to the option of the Client to apply it against Rental charges and damages. Any amounts refundable to the Client shall be paid at the time this Agreement is terminated. The security deposit shall not bear interest. If Client does not have proper credit limit, Company may refuse rental.
If Client cannot provide a valid Credit Card, they may present the Company with a Replacement Insurance Policy Certificate, see HEADING 4. When insurance is provided, the Company may ask the client for a Security Deposit of $1000 for the Insurance Deductible on a credit card.
4. INSURANCE AND INSURANCE CERTIFICATE.
The Client agrees to place and maintain insurance coverage, for the duration of the rental, for the rental equipment for at least 100% of its full replacement value (stated as the “Security Deposit” on SCHEDULE“A”) under an ALL RISKS POLICY, naming the Company as loss payee with a 3rd party insurance company. Failure to purchase and maintain insurance coverage is at the discretion of the Client, but highly advised by the Company.
A copy of the insurance certificate shall be provided to the Company prior to the commencement of each Rental, and before the Equipment leaves the Company’s premises.
The sole beneficiary of the insurance will be stated on the certificate as Creative Empire Productions Inc. - 783 Coopland Crescent, Kelowna, BC, V1Y 2V2
Client agrees to purchase this insurance at their own expense. The Client also acknowledges there may be a deductible associated with any insurance claims payable by the Client. Failure of the insurance company to honor a claim, or failure to place or maintain insurance coverage at the behest of the Client, in no way changes the obligation of the Client to compensate The Company for the full new replacement value of the equipment plus any incurred expenses, missed rental days, and/or administration fees, in the event of lost or damaged equipment.
5. RENTAL TERM.
Each Rental shall begin on the date defined in SCHEDULE “A”, and shall terminate on return in fully working condition to the Company’s facility. If the equipment has to be repaired to return it to a fully working state, or replaced because of loss, the equipment will continue to be Rented by the Client at proper rental rates until it is returned to a fully working state or replaced by similar piece of equipment at equal or greater value. At any time the Company has the right to terminate the Rental with 7 days notice. The Client may terminate the Rental after the initial period of the Rental has been completed as defined in SCHEDULE “A”.
6. RESERVATIONS / CANCELLATIONS
Reservations:
Availability not guaranteed without advance notice. Reservations made within 48 hours of booking date may be modified or cancelled by the Company due to unforeseen reasons.
Cancellations:
In order to avoid last minute cancellations which could cause financial loss to the Company, our cancellation policy is as follows:
- Over 36 Hours notice - No Penalty - 100% of Deposit is refunded (minus $0.50 transaction fee)
- Under 36 Hours notice - Rental Total Deposit is Non-Refundable
- Last Minute / No Shows - No refunds will be given for no shows and last minute cancellations in full or individual items.
7. RENTAL PERIOD
The Rental Period shall be defined in SCHEDULE “A”. Rentals picked up at or after 3:00pm on the Pickup Date will not be charged for that day. All rentals are due back by 11:00am on the Return Date.
Client agrees to pay for an additional ½ day if any item is returned after the 11:00am deadline on the return date without proper notice to the Company. Customers who return the rented equipment within 3 hours of pickup will receive a 15% refund on their rental price.
8. RISK OF LOSS OR DAMAGE.
The Client assumes all risks of loss or damage to the equipment from any cause or any individual, and agrees to return it to the Company in the condition received from the Company, with the exception of normal wear and tear. The Company or their appointed agent will determine normal wear and tear. All determinations made by the Company are final.
The Client agrees that the value of the rented equipment, in the event of damage and/or loss requiring replacement rather than repair, is the replacement value as determined by the manufacturer’s list price at the time of said loss.
9. CARE AND OPERATION OF EQUIPMENT.
The equipment may only be used and operated in a careful and proper manner. It’s use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any.
10. MAINTENANCE AND REPAIR.
The Company assures the Client that the gear is rented out in good and operable condition. The Client shall maintain the equipment in good repair and operating condition, allowing for reasonable wear and tear.
The Client shall pay all costs required to maintain the equipment in good operating condition. Such costs shall include labor, material, parts, and similar items.
11. ACCEPTANCE OF EQUIPMENT.
The Client shall inspect each item upon commencement of each Rental agreement. The Client shall immediately notify the Company of any discrepancies between such item of equipment and the description of the equipment on SCHEDULE “A”.
If the Client fails to provide such notice in writing to the Company within 4 hours of pickup of the equipment rental, the Client will be conclusively presumed to have accepted the equipment as specified in the Equipment Schedule as in good and working order. Any subsequent claim that the equipment was not provided in fully functional order will not be considered. If equipment is shipped by or setup by the Company on the Client’s behalf, the Client will presume acceptance of equipment into their possession upon departure of the Company and indemnify Company of all liability thereafter.
Upon possession of the equipment, through delivery or pickup from the Company’s premises, the Client is now in care, custody & control of equipment and must abide by all requirements from this contract.
12. FAILURE TO PERFORM
If the equipment fails to perform after the initial acceptance it will be the responsibility of the Client to repair and correct the problem. The Company will not be held responsible for any failure of equipment for any reason and the equipment will remain on rental unless a dispensation is granted in writing by the Company to waive the rental fees for the period of non-performance. The company will not be held responsible for any errors or omissions due to the Client’s lack of operational or technical capability.
13. INDEMNITY OF COMPANY FOR LOSS OR DAMAGES.
If the equipment is damaged or lost, the Company shall have the option of requiring the Client to repair the equipment to a state of good working order, or replace the equipment with like equipment in good repair, which equipment shall become the property of the Company and subject to this contract.
14. LIABILITY AND INDEMNITY.
Liability for injury, disability, and death of workers and other persons caused by operating, handling, or transporting the equipment during the term of each Rental is the obligation of the Client, and the Client shall indemnify and hold the Company harmless from and against all such liability.
15. RETURN OF EQUIPMENT.
At the end of the Rental period as defined in SCHEDULE “A” , the Client shall be obligated to return the equipment to the Company at the Client's expense. Any freight, insurance or customs charges related to the rented equipment incurred during or at the end of the rental will be billed to the Client’s account.
Acceptance by the Company of the returned equipment does not waive any claims that the company may have against the Client for patent, latent, or hidden damage to the equipment. The Company shall have a reasonable period of 48 hours after return of said equipment to discover said damages, and communicate with Client.
16. OPTION TO RENEW.
If the Client is not in default upon the expiration of each rental, the Client shall have first option to rent the equipment on such terms as the parties may agree at that time. If another party has already pre-booked the same gear at the same time as potential renewal, then the gear must be returned in favour of the other party.
17. INSPECTION / REPOSSESSION OF EQUIPMENT
The Client agrees to admit any employee or agent of the Company to enter premises upon which equipment is kept, for the purposes of checking the condition of the Company’s equipment and/or repossessing the equipment in the event the Client is in default of any term of this Agreement whatsoever.
18. EXCLUSIVE POSSESSION / NON-ASSIGNABILITY
The Client shall not sublease or loan the equipment or assign this Agreement to any other persons, firms or corporation and said equipment shall at all times remain under the immediate exclusive control and direction of the Client, without prior written consent from the Company.
19. WARRANTY OF AUTHORITY
Client hereby warrants that any person which it directs or allows to receive equipment from the Company and who shall sign for acceptance of said equipment is authorized by Client to do so. Client herein waives obligation on part of the Company to confirm said person’s authority to act on behalf of Client
20. EXCLUSION OF WARRANTIES
Client herein acknowledges that all equipment is to be rented from the Company will be as a result of the Client’s sole selection, discretion and opinion as to equipment which it requires. All equipment is accepted by Client “as is”. No warranties or representations are made by the Company of any type or nature whatsoever, expressed or implied, regarding the performance of any equipment, services, or supplies rented. The Company herein expressly excludes any and all warranties, guarantees expressed or implied, statutory, by operation of law, or otherwise, including any implied warranties of merchantability or fitness for a particular purpose.
In no event, under no circumstances, shall the Company be responsible or liable to Client or anyone else for any damages, including lost profits, lost savings or other direct or indirect incidental or consequential damages arising out of the use or misuse any equipment rented or the alleged breach of any agreement described herein, even in the event that the Company or it’s agents have been advised of the possibilities of such damages.
21. REPORTS
If any of the equipment is damaged, lost, stolen, or destroyed, or if any person is injured or dies, or if any property is damaged as a result of its use, maintenance, or possession, the Client will promptly notify us of the occurrence, and will file all necessary accident reports, including those required by law and those required applicable insurers. The Client, their employees, and agents will cooperate fully with the Company and all insurers providing insurance under this agreement in the investigation and defense of any claims. The Client will promptly deliver to the Company any documents served or delivered to the Client, their employees, or its agents in connection with any claim or proceeding at law or in equity begun or threatened against the Client, the Company, or both parties.
22. DEFAULT.
The occurrence of any of the following shall constitute default under each Rental:
A - The failure to make a required payment under each Rental when due.
B - The violation of any other provision or requirement that is not corrected within 4 day(s) after written notice of the violation is given.
C - The insolvency or bankruptcy of the Client.
D - The subjection of any of Client's property to any levy, seizure, assignment, application or sale for or by any creditor or government agency.
23. RIGHTS ON DEFAULT.
If the Client is in default under any Rental, without notice to or demand on the Client, the Company may take possession of the equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Client responsible for any deficiency. The Company shall be obligated to re-rent the equipment, or otherwise mitigate the damages from the default, only as required by law.
24. ENTIRE AGREEMENT AND MODIFICATION.
This contract constitutes the entire agreement between the parties. No modification or amendment of this contract shall be effective unless in writing and signed by both parties. This contract replaces any and all prior agreements between the parties.
25. GOVERNING LAW.
This contract shall be construed in accordance with the laws in the Province of British Columbia, Canada.
26. SEVERABILITY.
If any portion of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
27. WAIVER.
The failure of either party to enforce any provision of this contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this contract.
28. HEADLINES
The headings in this Agreement are for the purpose of organization only and are not intended to inform, alter, or control the terms of this Agreement.
29. CERTIFICATION
Client certifies that the application, statements, trade references, and financial reports submitted to the Company are true and correct and any material misrepresentation will constitute default under this contract.