Equipment Rental Terms and Conditions
ESafetyRentals, a division of CIH Equipment Company, Inc.
RENTAL TERMS AND CONDITIONS
RENTAL TERMS: The rental term begins on the date and time the equipment is delivered to the Renter as agreed upon by ESafety Rentals and Renter and continues for the minimum term specified on the agreement until the equipment is sent back to ESafety Rentals. Monthly rates are based on a calendar month. Once the equipment leaves our facility, we will charge the minimum term. If the Renter needs to extend the rental period beyond the minimum term, ESafety Rentals must be notified immediately via phone or fax for approval and terms for the extension. Defects or discrepancies of the equipment must be reported within 24 hours of receiving equipment or ESafety Rentals will conclusively presume that the equipment was as ordered and is accepted.
PAYMENT TERMS: Credit Card is REQUIRED to secure rental. The rent for any and every item of equipment described on the RENTAL AGREEMENT shall be the amount therein designated and is payable when equipment is returned. The Renter will pay all collection costs, if collection becomes necessary.
SHIPPING: To maintain a timely schedule, all equipment is shipped to and from the Renter at the Renter’s expense using a shipping method with tracking capabilities unless otherwise specified.
INSURANCE: ESafety Rentals will add insurance costs to shipments over $1,000.00 value. Costs are figured as follows: $0.75 per $100.00. The equipment value is determined by current list price. Shipments should be returned to ESafety Rentals appropriately insured.
TAXES: Renter shall be responsible for and shall pay all taxes where applicable and other governmental charges assessed in connection with the rental use or possession of the equipment.
ESafety Rentals WARRANTY: If any equipment shall require repair or calibration, Renter shall immediately notify ESafety Rentals and obtain consent before any remedial action is taken or any equipment is returned. ESafety Rentals’s sole obligation under the foregoing warranty shall be to repair, recalibrate, or at its option, replace any equipment that shall fail to meet said warranty at its expense; and the Renter has the right to receive such repairs calibration or replacement.
The foregoing warranty shall not apply to any damage to equipment caused by accident, misuses or abuse by the Renter, and ESafety Rentals shall not be responsible for any delays or failures in making repairs, recalibration or replacement due to unavailability of parts of labor, strikes, delays in transportation or other causes beyond its reasonable control. ESafety Rentals, not being the manufacturer of any equipment, disclaims all other warranties, expressed or implied, including, without limitation, any warranty or merchantability or fitness for any particular purpose of the equipment or that the equipment will not impinge upon any patent or proprietary right of any third party. Unless Renter gives ESafety Rentals notice of any defect within 12 hours after receipt of each item of equipment, it shall be conclusively presumed that such equipment was delivered in good condition.
LIMITATION OF LIABILITY: In no event, whether as a result of breach of agreement or warranty, tort (including negligence) or otherwise, shall ESafety Rentals be liable for any consequential, incidental or exemplary damages, including, without limitation, any loss of profit or revenues, loss of use of its equipment or any other equipment, damage to other equipment, cost of substitute equipment or down time costs.
USE OF EQUIPMENT: Renter shall use the equipment in a careful and proper manner in compliance with all laws, governmental requirements and the manufacturer’s instruction and specifications, and shall keep the equipment free form all liens and encumbrances. Renter shall be responsible for the maintenance of the equipment during the rental period. Any equipment repair and maintenance work shall be done by ESafety Rentals and billed at normal hourly rates.. Except upon the prior written consent of ESafety Rentals, Renter shall not (1) assign or sublet the equipment or (2) allow any alterations, modifications or repairs of any equipment by anyone other than ESafety Rentals. Renter shall bear the entire risk of loss or damage to the equipment form any cause, and shall indemnify and hold ESafety Rentals harmless form any and all claims, liabilities, losses, costs and expenses (including attorney’s fees) arising out of the use, possession, operation or rental of the equipment.
RETURNING EQUIPMENT: Equipment shall be returned to ESafety Rentals, in substantially the same condition as when first received, ordinary wear and tear expected. Renter shall properly pack all equipment and accessories, in the same manner in which it was received, using original boxes and packing materials for shipment. Upon return, if seal has been tampered with/broken, additional fees may apply. (Instrument calibration & damage repair) Renter is responsible for any damage caused during the return shipment (in particular, if ink-type recorders, oil-filled pumps or containers of liquid or powder substances are returned without proper precautions to avoid spillage, Renter shall pay a $92.00 clean-up charge). Renter is responsible to pay to ESafety Rentals on demand the new replacement cost of any lost or damaged equipment (including any manuals, cables and other accessories) as well as cost of restoring any equipment that is returned with extraordinary wear and tear of minor damage. Renter shall also be fully responsible for the new replacement cost, with regard to equipment lost or damaged during shipping. Shipments should be returned to ESafety Rentals appropriately insured. ESafety Rentals, at its own discretion, may report as stolen all rented product (s) not received within 10 days after the date due back at ESafety Rentals.
DEFAULTS AND REMEDIES: Renter shall be in default hereunder if it shall fail to pay, when due, any sum due to ESafety Rentals, or shall fail to perform any other obligation owing to ESafety Rentals, or is any bankruptcy or similar proceedings under federal or state law shall be filed by or against Renter. Upon the occurrence of any such default, ESafety Rentals may at any time during the continuance thereof, and in addition to all other rights and remedies available herein, at law and inequity, (1) terminate the rental of all equipment rented to Renter, (2) requite Renter to assemble and return all such equipment, and/or (3) recover from Renter all amounts payable hereunder. ESafety Rentals shall not have any duty to account to Renter for the proceeds of any Disposition of equipment subsequent to return or repossession. All rights and remedies of ESafety Rentals on default are cumulative and may be exercised simultaneously or successively. No waiver of any default shall waive any other or subsequent default. Renters shall reimburse ESafety Rentals for all costs and expenses incurred by ESafety Rentals in enforcing its rights hereunder, including reasonable attorney’s fees.
SOLE AGREEMENT: The above terms and conditions are the only terms and conditions upon which ESafety Rentals is willing to rent the equipment. Any additional or different terms in any order or other response by Renter shall be deemed objected by ESafety Rentals without need of further notice of objection, and shall be of no effect or in any way binding upon ESafety Rentals. No waiver, alteration or modification of any of the provisions hereof shall in any event be effective or binding upon ESafety Rentals unless stated in writing and signed by a duly authorized employee of ESafety Rentals.