Terms and conditions of Rental Agreement
This rental agreement (agreement) will be effective on last signature (date of signature) and is made between Rhino Audio Visual Limited (owner) and the Renter (signatory). The owner of this rental equipment is Rhino Audio Visual Limited. On some occasions Rhino Audio Visual Limited may lease some or all of the equipment from another company but this does not affect the agreement and the renter’s responsibilities stay the same.
The Owner rents the equipment to renter subject to the terms and conditions in this document. The Equipment to be rented (equipment), Rental Term, Payment, Deposit and Additional Restrictions are agreed and signed on the issued invoice.
- Agreed and signed on the invoice and will commence on the date shown. The Term will remain in full force until the equipment is returned to the owner unless terminated early by the owner or agreed by the owner consistent with the terms and conditions
- The renter shall pay the full amount shown on the invoice and authorise the owner to charge the debit or credit card given by the renter. The renter must also pay in full any fees due under these terms and conditions included but not limited to:
- Loss of, damage or repair to the equipment, diminution of the equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
- Applicable taxes;
- A charge of £75 per day for late return of the equipment to the owner.
- Every day late a charge of the rental value plus half a day until the return of the equipment to the owner.
- Unless due to the fault of the owner, all fines, penalties, court costs and other expenses relating to the equipment assessed against owner or equipment during the rental term.
- All expenses owner incurs due to renter’s failure to return the equipment including costs to locate and recover the equipment.
- All cost incurred to collect unpaid monies.
- Any deposits are agreed and signed on the issued invoice and renter shall pay in full before the issue of the equipment. Owner may use the deposit to cover any amounts due under this agreement.
- Late Payment. If renter fails to make full payment or instalment agreed and signed for on the issued invoice renter shall pay a surcharge of £75 per day for late payments.
- Location of Equipment. During the term, equipment shall not be located anywhere which the equipment is likely to be lost, damaged or cause damage to property or persons.
- Care of Equipment. Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with owner’s instructions or manuals.
- Repair and Alterations. The costs of all repairs made during the term shall be paid by the renter, including but not limited to labour, materials, parts and other items. Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without owner’s prior consent.
- Renter must carry insurance satisfactory to owner equal to the value of the equipment to ensure its full replacement, unless agreed otherwise in writing by the owner.
- Restrictions on Use. Renter shall not:
- Permit the equipment to be used by any person who is not authorised to use such equipment.
- Operate or use the equipment or permit it to be operated or used in violation of law.
- Operate or use the equipment or permit it to be operated or used to commit a violation of law.
- Operate, use, maintain or store the equipment in a manner likely to cause damage to the equipment.
- Loss or Damage. Renter shall alert the owner to any damage to the equipment. Renter shall be responsible for any loss or damage to equipment and loss of use, diminution of the equipment’s value caused by damage to it or repair to it and missing equipment.
- Condition of Equipment. On signing the issued invoice the renter agrees to the condition of the equipment specified on the invoice by the owner. If nothing is specified then there is no notable damage to that equipment and is in good working order.
Owner makes no warranty, express or implied, course of dealing, course of performance, usage of trade or otherwise, and expressly excludes and disclaims all warranties and representation of any kind, including any warranties of merchantability, fitness for a particular purpose, title and non-infringement.
- This agreement shall terminate on the date specified on the issued invoice. Owner reserves the right to terminate this agreement earlier upon notice to renter.
- Indemnification and Liability. Renter shall indemnify, defend and hold harmless owner from and against any claim, demand, cause of action, loss or liability (including legal fees) for any property damage or personal injury arising from renter’s use of equipment by any cause, except to the extent caused by owner’s gross negligence or wilful misconduct. The provisions of this article shall survive the termination of this agreement with respect to any claims or liability accruing before such termination. In no event shall owner be liable for any indirect, special or consequential loss or damages arising from renter’s use of equipment, including but not limited to loss profits and loss revenue, even if informed of the possibility of damages.
- Owner shall at all times retain ownership and title to the equipment. Renter shall immediately notify owner in the event equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold owner harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
- No failure of owner to exercise or enforce any of its rights under this agreement shall act as a waiver of subsequent breaches and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by renter shall not constitute a waiver of any breach.
- In the event any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this agreement, they will begin negotiations for a suitable replacement provision.
- Entire Agreement. This agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
- Renter may not, without the prior written consent of owner, transfer or assign this agreement or any part thereof. Any attempt to do so shall be a material default of this agreement and shall be void.
- Paragraph headings used in this agreement are for reference only and shall not be used or relied upon in the interpretation of this agreement.
- This agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
BY SIGNING THE ISSUED INVOICE THE RENTER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE AGREEMENT.