PROMEDIA PRODUCTIONS, INC. / Rental Terms and Conditions – Rev 01.14.2014
1.0 General Business Terms – By its signature on this Agreement, the Customer agrees to rent and PROMEDIA PRODUCTIONS, INC. agrees to rent out, in accordance with the following terms and conditions, the equipment listed (the Equipment). The Customer further agrees to accept the Equipment rental under the terms and conditions of this Agreement. The Customer further agrees with respect to the Equipment to accept the responsibility for a) its selection to achieve the Customer’s intended results, b) its use, and c) the results obtained therefrom. This agreement shall not be binding upon PROMEDIA PRODUCTIONS, INC. until credit terms and engineering acceptance are approved by the PROMEDIA PRODUCTIONS, INC. order administration department and senior management.
2.0 Sales, Use Tax and Delivery Charges – PROMEDIA PRODUCTIONS, INC. will add any applicable taxes, permits, licenses, and delivery charges to the amount shown above.
3.0 Payment Terms – Unless otherwise specified on the Rental Agreement, one hundred percent (100%) payment of the Total amount shall be submitted with this signed Rental Order Form. All destination charges for each piece of Equipment from a designated PROMEDIA PRODUCTIONS, INC. location will be paid by the Customer in accordance with PROMEDIA PRODUCTIONS, INC. then current shipping and billing practices. In addition to the prices on this agreement, the Customer agrees to pay amounts equal to any sales or use or personal property taxes resulting from this Agreement, or any activities hereunder. On any third-party leasing transactions, Customer agrees to an immediate acceptance of all split shipment components delivered, and in all cases will render payment either directly or via financing immediately upon delivery.
4.0 Remit To Address – All payments should be mailed to: ProMedia Productions, Inc., 2593 Hamline Ave Roseville, Minnesota, 55113.
5.0 Security Interest – The undersigned Customer, for value received, hereby grants to PROMEDIA PRODUCTIONS, INC., a security interest under the Uniform Commercial Code in the foregoing Equipment, plus any additions and replacements of such Equipment, and all accessories, parts and connecting Equipment now or hereafter aðxed thereto. This security interest will be satisfied by payment in full unless otherwise provided for in a PROMEDIA PRODUCTIONS, INC. Installment Payment Agreement. The security agreement shall be security for the payment herein, plus 1.5% monthly interest from invoice due date detailed in section 3.0 above, and plus a 15% restocking charge on the merchandise and attorney fees for collection of the foregoing. A copy of this Agreement may be filed as a financing statement with the appropriate authority at any time after signature of the Customer.
6.0 Customer Responsibility – The Customer is wholly responsible for any loss or damage to the rental equipment. PROMEDIA PRODUCTIONS, INC. is not responsible for the compatibility of our equipment with outside/3rd party equipment of any kind.
6.1 Equipment Condition – The Customer shall at his own cost and expense, keep and maintain in his custody, the equipment in a good state of condition and repair, reasonable wear and tear excepted. At the termination of the rental period the Customer shall replace any of the equipment that is lost, stolen, missing, broken or damaged with equipment of a similar nature and of equal value or shall pay PROMEDIA PRODUCTIONS, INC. the replacement value of the equipment. The Customer agrees that the replacement value of the equipment in the event of any loss or damage is as per the manufacturer’s current list price. All equipment is available for inspection and testing by the Customer on the day of rental. Failures must be reported immediately. Any price adjustments due to failure will be determined by PROMEDIA PRODUCTIONS, INC. In the event of an equipment failure, back-up equipment will be supplied to the very best of our abilities. Unauthorized service or modification to any rental equipment will result in further charges. The Customer agrees to compensate PROMEDIA PRODUCTIONS, INC., in rent, for any time lost as a result of replacement or the necessity for making repairs on the equipment.
6.2 Insurance – PROMEDIA PRODUCTIONS, INC. does not oðer any insurance coverage for the rental items. In the event of loss or damage of the item, for any reason, or if the item is not returned on or before the agreement expires, the Customer will be liable for up to full replacement value of the equipment, and possible penalties given at the discretion of PROMEDIA PRODUCTIONS, INC. The renter agrees to insure the equipment for the period that it is in his possession against any loss and to assume full responsibility for the equipment.
6.3 Late Fees – A full additional day’s rental will be charged for equipment returned to PROMEDIA PRODUCTIONS, INC. later than 12:00pm. Equipment rental rates are per day, this rate will be charged for Sundays and holidays. Daily rate will be charged for a full day or any portion of a day.
6.4 Rental Length – The equipment shall be delivered and returned by the renter at his own risk, cost and expense. Rental of all equipment must be paid for the period of time until it is returned to PROMEDIA PRODUCTIONS, INC.
6.5 Access to Equipment – The renter shall allow PROMEDIA PRODUCTIONS, INC. or its agent, at all reasonable times, to enter the premises where the equipment is located for the purpose of inspecting the condition of the equipment. PROMEDIA PRODUCTIONS, INC. reserves the right to inspect the equipment at any time during the rental term and has the option to remove the equipment for failure to meet with the contract terms, without refund.
6.6 Use of Equipment – The Customer will not use, operate, maintain or store the equipment improperly, carelessly or in violation of these terms and conditions or in violation of any applicable laws nor use or operate the equipment other than in the manner and for the use contemplated by the manufacturer nor lease the equipment to another. Without the prior written consent of PROMEDIA PRODUCTIONS, INC., the Customer shall not assign rights nor delegate duties under these terms and conditions. The equipment shall at all times remain under the immediate control, supervision and direction of the Customer
6.7 Labels – The Customer agrees not to remove or cover any tags or name plates showing PROMEDIA PRODUCTIONS, INC. as the owner of the equipment.
6.8 Return – The acceptance of the return of the rented equipment is not a waiver by PROMEDIA PRODUCTIONS, INC. of any claims that it may have against the Customer, nor a waiver of claims for any type of damage to the equipment.
6.9 Title – PROMEDIA PRODUCTIONS, INC. retains title to the merchandise and the right to end this lease and take possession of the merchandise if it is not returned upon request. The Customer will also pay PROMEDIA PRODUCTIONS, INC. for any charges incurred to recover merchandise not promptly returned when requested.
7.0 Liability – Customer hereby agrees to indemnify and hold harmless PROMEDIA PRODUCTIONS, INC., its oðces and employees from any and all claims, suits, damages, losses, liabilities (including Worker’s Compensation for Customer’s employees and agents either full-time or day- hired), including attorney fees for: loss of life or injury to any person, damage to property or other damages or losses whatsoever, resulting directly or indirectly from a cause or occurrence in, upon, at or from the use of rented equipment or facilities, including but not limited to such damage or injury which may be caused by the negligence of PROMEDIA PRODUCTIONS, INC., its agents, oðces, or employees. Customer acknowledges that he/she has examined and tested the equipment and it is in good working condition and accepts it as is. Customer acknowledges that the equipment is leased without warranty either expressed or implied, including the warranty of merchantability for a specific purpose and that PROMEDIA PRODUCTIONS, INC. assumes no responsibility for the performance or non-performance of the equipment.
8.0 Remedies – Upon default by Customer, PROMEDIA PRODUCTIONS, INC. shall have all the rights and remedies of a secured party under the Uniform Commercial Code and under any other applicable laws. Any requirements of reasonable notice by either party to the other shall be met when such notice is mailed, postage prepaid, to the address of the receiving party shown on the first page of the Agreement (or to such other mailing address as either party in writing later furnishes to the other) at least ten calendar days before the time of the event or contemplated action set forth in said notice. Customer agrees to pay all expenses of retaking, holding, preparing for sale, selling and attorneys’ fees and legal expenses as may be allowed by law and incurred by PROMEDIA PRODUCTIONS, INC. in enforcing its rights under this Agreement. The rights to remedies herein conferred upon PROMEDIA PRODUCTIONS, INC., shall be cumulative and not alternative and shall be in addition to and not in substitution of or in derogation of rights and remedies conferred by the Uniform Commercial Code and other applicable laws.
9.0 Limitation of Remedies – PROMEDIA PRODUCTIONS, INC’s entire liability and the Customer’s exclusive remedy shall be as follows: in all situations involving performance or nonperformance of Equipment or services furnished under this Agreement, the Customer’s remedy is the adjustment or repair of the Equipment or replacement of its parts by PROMEDIA PRODUCTIONS, INC., or, at PROMEDIA PRODUCTIONS, INC. option, replacement of the Equipment. In no event will PROMEDIA PRODUCTIONS, INC. be liable for any damages caused by the Customer’s failure to perform the Customer’s responsibilities, or for any lost profits or other consequential damages, even if PROMEDIA PRODUCTIONS, INC. has been advised of the possibility of such damages, or for any claim against the Customer by any other party, or for any damages caused by performance or non-performance of Equipment located outside the United Sates or Puerto Rico.
10.0 Acceleration of Obligation and Default – Upon the occurrence of any event of default by Customer, PROMEDIA PRODUCTIONS, INC. may, at its option, with or without notice, declare the whole unpaid balance of any obligation secured by the Agreement immediately due and payable. If the Customer defaults on any of the terms and conditions of this agreement or in a timely making of any payments or if any execution or other writ or process shall be issued in any action or proceeding against the Customer, where the equipment may be seized, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted by or against the Customer, or if the Customer shall enter into an agreement with his creditors or in the event that any judgment is obtained against the Customer, then PROMEDIA PRODUCTIONS, INC. shall have the option to immediately retake possession of the equipment and the Customer agrees that PROMEDIA PRODUCTIONS, INC. may enter the premises where the equipment is located and remove the equipment with or without notice and without being liable to any suit or action or other proceeding by the Customer.
11.0 Legal Action – Any dispute arising under or pursuant to this agreement shall be controlled by Minnesota Law. Should Renter default, or fail to perform under any provision herein, Renter agrees to pay reasonable attorney’s fees and other costs actually incurred by PROMEDIA PRODUCTIONS, INC. in enforcing such provisions. This agreement involving equipment, facilities, and services shall not be amended or modified except by mutual agreement, in writing, signed by both parties.
12.0 General – This Agreement is not assignable without the prior written consent of PROMEDIA PRODUCTIONS, INC. Any attempt to assign any of the rights, duties, or obligations of the Agreement without such consent is void. This Agreement can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the Customer and of PROMEDIA PRODUCTIONS, INC., and variance from the terms and condition of the Agreement in any order or other written notification format he Customer will be of no eðect. The term “Agreement” as used herein, includes any applicable installment payment agreement, supplement or future written amendment made in accordance herewith. If any provision or provisions of the Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be aðected or impaired thereby. Unless otherwise agreed to in writing by Customer and PROMEDIA PRODUCTIONS, INC., if any printed term or condition contained in any purchase order or other form used by Customer to order products or services pertaining to this Agreement, or in any acknowledgement or other form used by Customer is inconsistent with any term or condition contained herein, the provisions hereof shall apply and take precedence. PROMEDIA PRODUCTIONS, INC. is not responsible for fault to fulfill its obligations under this Agreement due to cases beyond its control or, except as agreed herein, to provide any services hereunder for Equipment located outside the United States or Puerto Rico. This Agreement will be governed by the laws of the state of Minnesota.