Description of Equipment
The Equipment subject to this Agreement shall be the specific item(s) of Equipment listed on the Rental Agreement executed at the time of delivery of such Equipment (the “Equipment”). Upon pickup of the Equipment by Customer at Dodd Camera’s place of business, or upon receipt by Customer after shipment of the Equipment by Dodd Camera, it is the Customer’s responsibility to determine that the order is complete and to notify Dodd Camera, prior to taking delivery, of any discrepancies.
Unless otherwise specified herein or in the Rental Agreement, all Equipment shall be rented on a day-to-day basis and all rental rates shall apply to each full day or any fraction thereof which has elapsed between the time the Equipment is delivered to the Customer and the time it is returned to Dodd Camera. The initial rental term begins at 3:00 p.m. and ends at 10:00 a.m., forty-three hours later. Pickup or return is available any time during the initial rental term. A full day’s rental shall be charged even for a partial days use. Additional days following the initial rental term are billed in twenty-four hour increments. Pickups or returns outside of the date specified in the Rental Agreement will be subject to additional rental fees. Regardless of the period of rental specified in the Rental Agreement, Dodd Camera, by notice to the Customer, may cancel any Rental Agreement at any time during the term of the rental if, in the sole discretion of Dodd Camera, it is determined that the Customer is misusing equipment, the terms of this Agreement are not being met, or the Customer has breached this Agreement in any other manner.
Except as otherwise provided herein, the Equipment shall be deemed “returned” to Dodd Camera when it has been returned to and received by Dodd Camera at Dodd Camera’s place of business. The customer shall continue to bear any and all risks of loss and/or damage to the Equipment until return has been accomplished in this manner. Equipment that has been damaged or destroyed while in the possession of the Customer, an agent of the Customer or any third party carrier, shall not be deemed to have been “returned” to Dodd Camera until such time as it has been repaired and the Customer has been released in writing by an authorized representative of Dodd Camera from liability for any further rent, or Dodd Camera has received full replacement value from the Customer or the Customer’s insurer. Likewise, Equipment that has been lost, stolen or seized by a governmental agency prior to being returned to and received by Dodd Camera shall not be deemed to have been “returned” to Dodd Camera until Dodd Camera has received full replacement value from the Customer or the Customer’s insurer or the Equipment has been released by the governmental agency or third party and is in the physical custody of authorized Dodd Camera employees in an undamaged condition.
Dodd Camera warrants that, when delivered to the Customer, all Equipment will be operational to accepted manufacturers specifications. In the event of malfunction, Customer must notify Dodd Camera immediately. Dodd Camera will have no responsibility for any malfunction reported after termination of the rental for such Equipment. Customer shall not attempt to service or repair any of the Equipment and any attempt by the Customer to service or repair Equipment will void the limited warranty provided herein. The limited warranty provided herein shall not apply to any malfunction resulting from mishandling or improper operation of the Equipment after delivery to the Customer. Dodd Camera shall have no liability arising out of the Customers inability to operate the Equipment in accordance with manufacturer’s instructions and contemplated use. Dodd Camera shall not be liable for any consequential damages suffered by the Customer or any third party. Dodd Camera shall not be liable for any bodily injury, personal injury, or property damage arising out of Customer’s operations.
A deposit for the full replacement cost of the Equipment is required at time of pickup or prior to Equipment scheduled for delivery to the Customer. Acceptable forms of deposit are cash or major credit cards. Checks will not be accepted for deposit. Dodd Camera reserves the right to run a separate authorization on the Customer’s credit card for the total amount of the rental at the time the Rental Agreement is executed, or at any time thereafter. The customer hereby authorizes Dodd Camera to charge the credit card listed on the Credit Card Authorization Form for all invoice amounts, without subsequent prior written or verbal notification to the cardholder. It is the Customer’s responsibility to contact Dodd Camera if any changes on the Customer’s credit card account occur, in order to arrange for an alternative card to be used. A full day’s rental shall be charged even for a partial days use. The Customer agrees to pay the regular rental rate for each day that the Equipment is in the Customer’s possession or until it is “received” by Dodd Camera. If the Equipment is being delivered via third party carrier, the rental begins when the Equipment leaves Dodd Camera and ends when the Equipment is received at Dodd Camera’s place of business.
The customer, by signing this Rental Account Agreement, acknowledges that the Equipment will be deemed “delivered” when it leaves Dodd Camera’s place of business in the possession of the Customer or any third party carrier. The Customer bears full responsibility for all selection of and payment to any third party carrier and for any other obligations under applicable transportation agreements, unless other arrangements are made in writing and signed by the Customer and an authorized representative of Dodd Camera. Under all circumstances, the Customer agrees to bear the entire risk of loss and/or damage to the Equipment once it is no longer in the physical custody of authorized Dodd Camera employees.
The Customer acknowledges that when the Equipment is delivered to the Customer, the Customer will have examined the Equipment and found it to be in good working order. The Customer shall have full responsibility and liability to Dodd Camera for the actual cost to repair or replace any Equipment which during the period between delivery to the Customer and return to Dodd Camera has been lost, stolen, or damaged from any cause whatsoever (other than from a malfunction to which Dodd Camera’s limited warranty applies or ordinary wear and tear). The Customer assumes any and all risks of loss once the Equipment leaves Dodd Camera’s place of business until such time as the Equipment is returned to Dodd Camera in the manner provided herein, except at such times as the Equipment is in the exclusive control of authorized Dodd Camera employees. The Customer shall also be liable to Dodd Camera for any continued rental fees during a reasonable time required to repair or replace damaged Equipment. To the extent the Customer is responsible under this Rental Account Agreement for such damage or loss, the Customer shall be liable to Dodd Camera for the full replacement cost of all Equipment which must be replaced as a result of damage, loss or customer’s failure to return the Equipment to Dodd Camera. The liability of the Customer hereunder is primary and shall not be reduced in the event Dodd Camera received proceeds from its own insurance. Dodd Camera reserves the right to run a separate authorization on the Customer’s credit card for 20% of the replacement value for any potential repair costs at the time the Rental Agreement is executed, or at any time thereafter.
Insurance is the responsibility of the Customer and a Certificate of Liability may be required before the Rental Account Agreement is accepted. The Certificate of Liability must list Dodd Camera as Additional Insured and Loss Payee, be in a form and amount satisfactory to Dodd Camera, evidencing Customer’s insurance covering all risk of loss to the Equipment at replacement cost value plus any continuing rental fees at the same rate set forth on the Rental Agreement, including coverage of the Equipment while in transit. The Customers insurance must include rented or leased Equipment coverage and must provide coverage during the entire time of the rental or lease, including transportation of the Equipment to and from Dodd Camera’s place of business, even if such transportation is accomplished by a third party carrier. The Customers insurance binder must have an expiration date of no less than thirty (30) day past the end of the rental period. If the certificate is to be modified, amended, or changed, a new certificate must be on file prior to the expiration date of the original. Dodd Camera reserves the right to run a separate authorization on the Customer’s credit card for the total amount of the deductible at the time the Rental Agreement is executed, or at any time thereafter.
Cancellations with less than 24 hours notice may be subject to up to one day’s rental fee.
Use of Equipment
The Customer shall at all times retain the Equipment in its own custody. The Customer shall operate the Equipment in accordance with the manufacturer’s instructions and contemplated use and shall not use the Equipment in any manner which will subject it to abnormal or hazardous conditions, including, but not limited to: not using the Equipment in accordance with manufacturer’s instructions and contemplated use, negligence, or misuse. The Customer shall not make any alterations or improvements to the Equipment without the prior written consent of Dodd Camera and shall not deface, remove, or cover any nameplate on the Equipment showing Dodd Camera’s ownership. All Equipment shall be operated in accordance with applicable Federal, State and local laws.
This Rental Account Agreement, and any Rental Agreement, constitutes a lease and not a sale of the Equipment or the creation of a security interest therein. Title to the Equipment shall remain at all times with Dodd Camera.
Right of Entry and Inspection
Dodd Camera shall have the right to inspect the Equipment at any time during the rental term. If a breach of any of the provisions of the Rental Agreement occurs, Dodd Camera has the right to take possession of the Equipment without legal process, without liability to the Customer, and without prejudice to Dodd Camera’s right to receive rent due or accrued, up to and including the date of removal of the Equipment.
If you’d like to purchase the same equipment you’ve rented, we’ll apply 50% of up to a one month rental to the purchase of that gear. Equipment purchased must be the same as rented.
A full days rental shall be charged even for a partial days use. The renter agrees to pay the regular rental rate for each day that the equipment is in their possession or until it is returned. If being shipped, the rental begins when we ship it and ends when it is received at our dock. The renter will also pay Dodd Camera for any charges incurred to recover equipment that is not returned by the specified time due. Dodd Camera retains title to the equipment and the right to end the lease and take possession of the equipment if it is not returned on request. Dodd Camera assumes no responsibility for damage to film materials or other liability of any kind resulting from use of the equipment.