1. We guarantee the workmanship and materials in all of our equipment used in the proper service for which we or the manufacturer recommend to the extent of correcting any defects if the equipment is returned to our business location only. We will not be responsible for any claims for labor or other expenses or consequential or secondary damages in any case. The total liability for all possible damages from any possible failure of the rented equipment shall not exceed the rental cost paid for this individual rental. The warranty expressed in this paragraph is in lieu of all other warranties either expressed or implied. With respect to warranties, this paragraph states renter’s exclusive remedy and our exclusive liability.
2. The renter shall at his own cost and expense, during the term of rental, keep and maintain, in his own custody at the stated address the equipment in good state of condition and repair, reasonable wear and tear excepted and shall at the termination of the rental , replace such of the said equipment as may be lost, stolen, missing, broken or damaged otherwise than by reasonable wear and tear, by other equipment of a similar nature and of equal value or shall pay to the owner compensation on the account of said articles which may be lost, stolen, broken or damaged.
3. The renter further agrees to insure the equipment for the period that the equipment is away from the premises of Audio Communications Systems, Inc. (hereafter described as "ACS"), against any loss whatsoever and to assume full responsibility for all the equipment rental and also agrees to compensate ACS to the full value should said equipment be lost, stolen, missing, broken or damaged otherwise than by reasonable wear and tear.
4. The renter shall not remove any equipment from the address set forth, without first having notified ACS and first obtained from ACS consent in writing for such removal there from.
5. The equipment herein shall be delivered and returned by the renter at his own risk, cost, and expense unless other arrangements are made in advance. Rental of all equipment taken out must be paid for the period of time until it is returned to ACS. No allowances will be made for reason that any part of it was not used, or any other reason.
6. The renter shall, at his or her own expense, but for the benefit of ACS, immediately insure the said equipment for the full value against loss, damage by fire, theft, water or act of God, in a qualified, reputable insurance company. Renter shall deliver the said insurance policy to ACS, together with the receipt for premiums there under, if requested. If ACS, by reason of such insurance against loss by fire, theft, water or act of God, shall receive any sum or sums of money, such amounts may be retained and applied by it towards the repair or replacement of the said equipment, or it may remove the damaged equipment whether repaired or substituted, shall be subject to all the terms, provisions and conditions herein.
7. It shall be lawful for the owner or its agent’s at all reasonable times to enter the premises upon which equipment is kept for the purpose of viewing the state and condition of said equipment.
8. If the renter shall default on any of the term, covenants and conditions herein, or in punctually making any of the payments due, of if any execution or other writ or process shall be issued in any action or proceeding against the insolvency shall be instituted by or against the renter or his property, or if the renter shall enter into any arrangement or composition with his creditors, or in the event that any judgment and , for such purpose, ACS, its agents or employees, may enter upon any premises where said equipment may be, and may remove the same there from, with or without force and with or without notice of intention to retake the same, without being liable to any suit or action or other proceeding by the renter.
9. Upon ACS retaking possession of the said equipment, pursuant to the provisions of the preceding article hereof, this agreement shall henceforth terminate without prejudice to any right or claim for arrears of rent, if any, or an account of any preceding breach or breaches of this agreement, or the loss of rental for the balance of the unexpired term herein or for any other claim that ACS may have against the renter.
10. The renter shall not under-lease or sub-lease the said equipment or loan the same to any other person, firm or corporation, and said equipment shall at all times remain under the immediate control, supervision and direction of the renter personally.
11. The renter agrees not to remove, cover, tamper with, or in any way disfigures any tag, nameplate, or serial number on the equipment including those showing ownership by ACS.
12. The renter does herby grant to ACS an option to terminate this agreement on 24 hours written notice by registered mail or personal service. On the occurrence of said event the rental shall immediately return to ACS at the renter's risk and expense, the equipment, in the same condition as when first rented, and ACS shall upon said receipt, refund the unexpired portion of the rental.
13. The renter agrees to pay all reasonable attorney's fees and costs incurred by the ACS in protecting its rights or property under this agreement, or in suing the renter for breach of agreement.
14. The acceptance of the return of their rented equipment is not a waiver by ACS of any claims that it may have against the renter, nor a waiver of claims for latent or patent damage to the equipment.
15. ACS requires a monetary security deposit for some rentals at the complete discretion of ACS. ACS may rent or refuse to rent equipment to any customer or potential customer without expressed reason or cause at the complete discretion of ACS. ACS may require that payment be made by credit card for certain rentals or a credit card imprint or transference of credit card information from the renter to ACS prior to finalization of a rental transaction. The renter agrees that any credit card or credit card information passed or given to ACS can be charged by ACS for late rental fees or damage to rented equipment at the discretion of ACS. The renter hereby authorizes such transactions in the case of missing, lost, stolen or damaged equipment or late returns and will pay such charges in accordance with his or her credit card agreement.
16. The renter agrees that items returned late will be charged at the charged rental rate or the rate published on the ACS web site (www.acsweb.com) for that equipment, whichever is higher. The renter agrees to pay the charged or published rate for each item returned late for the number of days the equipment was late or the minimum time period that ACS prices rentals for such items.
17. ACS may require a cash or bank check security deposit prior to the finalization of a rental agreement from the renter at the complete discretion of ACS. Security deposit payments will be returned to the renter by ACS when the customer returns all of the equipment in the expected condition as described above on or before the time stated in the agreement. ACS will keep security payments to apply toward late charges, or missing, stolen, or damaged equipment. The renter agrees that liability for damages may exceed the security deposit and in such cases will pay such damages immediately upon return of the rented equipment.
18. This agreement contains the entire understanding between the parties, including representations, and may not be modified except by another agreement in writing signed by both parties to this agreement.
19. No terms, representation or warranty, expressed or implied, not herein set forth in writing shall bind ACS.
20. The renter agrees not to pledge, mortgage, sell, or in any way encumber or convert the property rented herein.