Rental contract. Lessee agrees that he has rented the items listed on the accompanying Work Order/Invoice and upon the express condition that it will at all times remain the property of the Action Communications Inc. (Lessor). These policies stated herein, along with the Work Order/Invoice, Credit Information, Credit Card Authorization and other documents are all part of the same rental contract.
Rental period. Daily rentals are for 24-hours. Weekly rentals are for seven consecutive days and monthly rentals are for 30 consecutive days.
Weekend rentals are from 3 p.m. Friday until 8 a.m. Monday.
Rental period begins when the equipment leaves Action Communications' premises and ends when returned to Lessor. Liability for all equipment begins at the start of the rental period.
A late fee of 1/6 of the one-day rate will be charged for each hour the equipment is retained beyond the expiration of the rental period. Overtime of six or more hours shall be charged at the full, one-day, per radio rate.
Equipment is charged for on a time-out basis whether it is in use or not.
Time of return. Time is the essence of this contract since the radios may be promised to others. Extensions must be approved at least 24-hours in advance of the expiration date.
Equipment is expected to be returned during normal business hours which are 8 a.m. to 5 p.m. Monday through Friday.
Rental rates. Rates are specified on the Work Order/Invoice accompanying this contract. The rental rate does not include delivery or pick up charges, fuel, applicable taxes, cleaning or repair charges, assessments or any other incidental costs or expenses. All such charges will be paid by the Lessee.
Delivery. Pickup or delivery is charged at $7 each way for delivery within 4 hours.
Deliveries made before 8 a.m. or after 5 p.m., or on weekends, may be subject to an additional $25 charge. Deliveries on a holiday are charged at an additional $100.
Damage to any equipment which is delivered or picked up by Lessor is the responsibility of the Lessee. Lessor shall be acting the Lessee's agent in transporting any such property and all risks for loss or damage shall remain the Lessee's responsibility.
Insurance. Certificates of insurance are not considered security for the equipment rented. The Lessee is solely responsible for all charges directly to the Lessor. Lessor will enforce its remedies directly against the Lessee without resort to its insurance company. To this end, an imprint of a major credit card is required.
Credit card guarantee. Lessee agrees, requests and authorizes Lessor to charge the blank credit card imprint provided for any of the following charges:
* 50% of total order for reservations canceled 24 hours or less prior to pickup time.
* Replacement cost of any equipment not returned by due date which is lost or stolen.
* Charges which have not been paid within 30 days of invoice date including repairs or replacement of any equipment which is lost, damaged or stolen.
Liability. Lessor is in no way responsible for any liability, claims, costs or expenses arising from the use or possession of this equipment. All parties using the equipment are subject to FCC rules and regulations, local and state ordinances.
Cancellation. Any order canceled 24 hours or less before the start of the rental period will be charged at 50 percent of the total order.
Inoperable equipment. Lessor's equipment is offered for inspection and test at the time of rental. Lessor must be notified within 24 hours if any equipment fails to operate. Unless notified, Lessor will consider all equipment, regardless of its actual condition, to be on rental. Please return inoperable equipment to the Lessor immediately for evaluation. The Lessor will make a reasonable effort to repair or replace the equipment in the shortest amount of time.
Payment. First-time customers who do not have pre-approved credit shall pre-pay the total cost of the rental and repeater costs and provide a credit card imprint to cover loss, damage and repairs prior to equipment leaving Lessor's shop.
All customers on monthly contracts shall pay the monthly charge as invoiced every month. A credit card imprint and proof of insurance is required.
Existing customers who have an open account will be billed as customary, net 30 days. A credit card imprint is required.
Return of equipment. The Lessor is not responsible for shipping delays once the equipment is delivered to your carrier. The Lessor will not accept collect shipments for the return of the equipment and all rental fees shall remain in force until the equipment is returned satisfactorily.
Replacement or repair. Upon return of damaged equipment, Lessor will make a determination of the extent of damage and required repairs. In determining whether equipment shall be replaced or repaired, the judgment of Lessor shall be conclusive
Should Lessor determine that the equipment shall be replaced, Lessee shall be responsible for the cost to replace the same item or the closest comparably-equipped model, at current manufacturer's list prices without deduction for depreciation.
Damage includes any type of damage by fire or water; attempts to make repairs by the Lessee or anyone else other than Action Communications; installation of parts or accessories, product modification or failure to follow instructions contained in the operator's manual is also considered damage.
Lessor disclaims any liability for range and coverage.
Rental will be charged at full price on damaged equipment until repair or replacement has occurred to the satisfaction of Lessor.
Serial numbers. The Lessee shall pay full manufacturer's list price to replace any equipment which has had the serial numbers removed or altered.
Lost, stolen or destroyed equipment. In the event that, after delivery to Lessee, any of the equipment is lost, stolen, damaged beyond repaired, destroyed or otherwise disappears or is not returned for any reason, you will be responsible for the cost to replace the same item at current manufacturer's list price deduction for depreciation. Rental will be charged at full price on such equipment until it is paid for.
Theft. In all instances, immediately report any missing, lost or stolen equipment to Lessor.
Purchase price. Rental payments may not be applied to the repair cost, replacement cost or purchase price of any equipment.
Local use only. Equipment is rented under the stipulation that it is to be used in Southern Arizona unless mutually agreed to in writing.
Violation of laws. Lessee shall not permit the equipment to be used in violation of any laws or applicable regulations.
Sublease. The Lessee may not sublease any part of the equipment without written consent from the Lessor.
No warranty or guarantee. The equipment rented is provided without warranty or guaranty of any kind, express or implied.
Applicable laws. This contract shall be deemed to have been made in Pima County, Arizona and shall be interpreted in accordance with the laws of the State or Arizona.
Authorized representative. The person signing this invoice and contract certifies that they have read the Work Order/Invoice and these policies; that they are duly authorized to sign such an agreement for the company or government entity they represent; and that the execution of this document has been authorized by all necessary officers or owners of the business or governmental entity.
Foreign use. The Lessee must have the permission of Action Communications to use any equipment outside the USA
Attorney's fees. If necessary to enforce collection of the amount due under this contract, Lessee agrees to pay all collection costs and charges including court costs and attorneys fees plus service or finance charges of 1.5% per month (annual percentage rate 18%) on all balances 30 days or more delinquent.
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