Returns. Renter agrees to return all items in the same condition as received. All cables must be properly coiled and tied and hardware must be removed from units, or Renter agrees to pay a service charge. If the Equipment is not returned in good condition on the Return Date, prorated rental fees continue on a daily basis. IMPACT’s acceptance of the return of the Equipment is not a waiver by IMPACT of any claims it may have against Renter, including claims for latent damage to the Equipment. If repairs or replacements are required, Renter agrees to pay all labor, material and shipping charges. Renter shall pay IMPACT Full Replacement Value (see paragraph 6 below) to replace any Equipment which is lost, stolen or damaged beyond repair. Renter will also be responsible for any costs incurred by IMPACT in the subrental of missing items to cover our prior business obligations that occur between the time equipment was due back in the Impact Warehouse and the time it is received from manufacturer and made fully operational. In the event that IMPACT is not able to fulfill it’s prior business obligations through the subrental of said missing equipment, the client shall be responsible for any lost revenue that occurs as a result of said missing equipment not being available to IMPACT.
Responsibility for Equipment, Indemnity. Upon acceptance by Renter of the Equipment on a will-call basis, or upon delivery of the Equipment to Renter’s destination, Renter agrees to inspect the Equipment within twenty-four (24) hours after acceptance or delivery. All defects or malfunctions must be reported to IMPACT within that time. Renter shall hold IMPACT harmless and indemnify IMPACT from all claims, liabilities, damages, costs or losses arising from or related to injury or damage to the Equipment or to persons or property arising from or related to the use, maintenance, storage or transport of the Equipment during the period of Renter’s responsibility. Renter shall indemnify and hold IMPACT harmless from any claims, liabilities, damages, costs or losses arising from claims against the Equipment asserted by Renter’s creditors.
No Damages, Assumption of Risk. Renter acknowledges there is a risk of losses, injuries or damages arising from or related to the use or transportation of the Equipment and assumes all risk of such losses, injuries or damages. Renter for itself and its Customers releases IMPACT from any and all responsibility or liability for such losses, injuries or damages which Renter or its Customers may experience arising from or related to the failure, use, maintenance, storage or transport of the Equipment.
Location. Renter shall not remove the Equipment from the “Ship To” site without the prior written consent of IMPACT.
Use. Renter shall use the Equipment in a prudent and proper manner and in compliance with all applicable manufacturer’s specifications and government requirements. Renter shall not make any alterations, additions, repairs or improvements to the Equipment. The Equipment may not be used for any Event other than described in this Agreement nor may the Equipment be pledged, used, loaned, sublet or assigned to third parties.
Losses & Insurance. This paragraph is applicable only if the amount of a Security Deposit is not set forth on this Rental Agreement. Renter shall keep the equipment insured against all risks of loss or damage from every cause whatsoever for not less than the Full Replacement Value and shall carry public liability and property damage insurance covering the equipment. Full Replacement Value is agreed to be the Manufacturer’s Suggested Retail Price for each item rented plus all shipping and handling as well as labor costs associated with making the lost pieces fully operational. All said insurance shall be in form and with companies approved by IMPACT and shall be in the joint names of Renter and IMPACT. Renter shall pay the premiums thereof and deliver said policies, or duplicates thereof, to IMPACT. Each insurer shall agree, by endorsement upon the policy or policies issued by it or by independent instrument furnished to IMPACT, that it will give IMPACT ten (10) days written notice before the policy shall be altered or cancelled. The proceeds of such insurance, at the option of IMPACT, shall be applied toward any or all of the following: (a) the replacement, restoration, or repair of the equipment; (b) the payment of the obligations of Renter hereunder; (c) the reimbursement of costs associated with the sub-rental of said missing equipment in order for IMPACT to fulfill it’s prior business obligations; or, (d) the re-imbursement of lost revenue that occurs as a result of said missing equipment not being available to IMPACT to fulfill it’s prior business obligations in the event that IMPACT is unable to secure an acceptable sub-rental. Renter hereby appoints IMPACT as Renter’s attorney-in-fact to make claim for, receive payment of, and execute and endorse documents, checks, or drafts for loss or damage under any such insurance policy.
Default. If Renter is unable to timely meet any of its obligations to IMPACT under this or any other agreement, or if the Equipment is levied upon or seized, Renter shall immediately notify IMPACT and IMPACT may pursue whatever remedies it has under the law or in equity. Renter hereby authorizes IMPACT to enter the premises upon which the Equipment is located to take possession and remove all of the Equipment from such site without court order or other process of law and to use what force is reasonably necessary to remove such Equipment. Renter hereby waives any and all claims or damages occasioned by such entry or removal. All amounts past due shall bear interest at the highest rate permitted by law.
Title to Goods. The Equipment is the sole and exclusive property of IMPACT and Renter has no right, title or interest therein, except as set forth in this Agreement. Renter will not alter ownership markings on the Equipment. Renter will keep the Equipment free from the claims of third parties.
Specifications, No Warranty. Renter has selected the Equipment to its own specifications and THERE IS NO WARRANTY, EXPRESS OR IMPLIED, THAT THE EQUIPMENT IS MERCHANTABLE OR FIT FOR RENTER’S PARTICULAR PURPOSE.
Attorneys’ Fees. If either party shall retain legal counsel or bring an action against the other for matters arising from or related to this Rental Agreement, the unsuccessful party shall pay to the prevailing party reasonable attorneys’ fees and other costs incurred, in addition to any other relief to which it may be entitled. Renter agrees to pay all attorneys’ fees and costs incurred by IMPACT in enforcing its right pursuant to paragraph 7 against third parties, regardless of whether litigation is commenced.
Security Deposit. IMPACT shall have the right to use all or part of any security deposit given by Renter to remedy any default under this Rental Agreement or to compensate IMPACT for damage to the Equipment. IMPACT will return the remaining balance of the security deposit to Renter within thirty (30) days after termination of this Agreement, provided Renter has fully performed all its obligations hereunder.
Costs of Labor. Estimates of labor costs are based upon information provided by Renter but are subject to change depending upon availability of labor, changes in staffing or event attendance or existence of labor contracts governing labor conditions, wages, etc.
Governing Law, Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles, and Renter agrees that all disputes shall be resolved in San Francisco, California.
Proposition 65 Warning: Some of these products may contain chemicals known to the State of California to cause cancer and/or birth defects or other reproductive harm.