TERMS & CONDITIONS
This is a rental agreement between the renter, hereinafter known
as “LESSEE”, and the renting company DK Audio Video, LLC,
hereinafter known as “DKAV”. In accordance with the terms and
conditions contained on this
contract the LESSEE agrees to rent from DKAV the equipment listed.
CREDIT CARDS: LESSEE authorizes DKAV to charge said credit/debit
card(s) the amount equal to the Contract “Total”, any extension charges, any
damage repairs, and/or the full replacement cost of lost, stolen or damaged
equipment equal to the stated value of the rented equipment. Rental charges are
in addition to and do not apply to replacement or repair cost.
CREDIT: If credit is granted DKAV will send an invoice of charges
to the LESSEE at the stated address or by established email. Terms for payment
are listed next to “Terms:” on the front page. A 5% late charge will be
assessed on each invoice paid after the due date. A 10% late charge will be
assessed on each invoice paid 30 days after the due date. A 25% late charge
will be assessed on each invoice paid 60 days after the due date.
RENTAL PERIOD: The rental period for this agreement is stated on
this contract. If an extension is desired, LESSEE must contact DKAV and request
an extension prior to the “Return Date:”. DKAV will do everything in its power
to grant extensions but in rare cases may deny an extension due to previous
customer reservations. In the event that DKAV denies an extension the LESSEE
must return rented equipment on the “Return Date:” and “Time” stated on the
contract. If a contract extension is granted the LESSEE agrees that the
extension will be for an additional period equal to the initial rental period
for the same cost, unless otherwise stated on the initial contract. Any portion
of an extension is charged at a full rate. Early return
refunds will not be given on extensions. All Terms &
Conditions contained in this rental contract apply to subsequent extensions.
DAMAGE, LOSS & THEFT: While rented equipment is out of DKAV
possession, LESSEE, under all
circumstances is responsible for any damage, loss and theft. In
the instance of damaged equipment, DKAV will be the sole judge of damages
incurred but will not charge more than actual repair costs. DKAV will use the
repair facility of its choice or if DKAV elects to repair the equipment
in-house, will not charge more than current industry standards for parts and/or
labor. If the rented equipment is lost, stolen or in any way non-returnable,
LESSEE agrees to pay immediate restitution as determined by DKAV. Rental
charges are in addition to and do not apply to replacement cost.
EQUIPMENT PERFORMANCE: All equipment has been checked and is
operable at time of delivery. All hardware problems must be reported to DKAV
immediately and reasonable time must be given to allow DKAV to repair or
replace malfunctioning equipment. DKAV will not support software problems on
computers. It is assumed that the LESSEE is competent in the operation of all
operating system, software and hardware rented by LESSEE. Conditions that
prevent satisfactory use do not relieve LESSEE of responsibility for rental
charges.
INSURANCE: LESSEE states that they have insurance and or have the
ability to self-insure, covering damage, loss and/or theft of the rented
equipment, and is responsible for the replacement cost that is listed on the
front
page of this contract.
GENERAL: LESSEE agrees not to modify, add to or alter the
equipment in any manner or to open any equipment to access the internal
workings. This agreement is not assignable. The LESSEE acknowledges the right
to immediate repossession by DKAV, without judicial process, upon default of
any terms or conditions of this contract. LESSEE agrees to pay all collection,
repossession and all reasonable attorney fees associated with and incurred by
DKAV in the event of default by the LESSEE.
THEFT OF RENTAL PROPERTY: Failure to return rental equipment by
the “Return Date” stated on the contract will result in the prosecution under
Colorado Revised Statute Section 18-4-402. Theft of rental property is a Class
2 misdemeanor where the value of the property involved is $100.00 or more and
less than $400.00, a class 5 felony if the value of the property is $400.00 or
more and less than $15,000.00 and a class 3 felony where the value of the
property involved is more than $15,000.00.
CANCELATION OF EVENT: In the event the LESSEE cancels for any
reason the event or need to rent the gear. A full refund will be given if
cancelation is made before 60 days to the scheduled event. If the event or
rental is canceled between 59-30 days of the event a 75% refund will be given.
After 30 days no refund will be available as gear has already been scheduled to
arrive.
DKAV MAKES NO EQUIPMENT WARRANTY OR REPRESENTATION EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANT ABILITY, SUITABILITY, DURABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT ON THE BASIS OF ITS OWN
JUDGEMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE UPON ANY REPRESENTATIONS MADE BY
DKAV. LESSEE SHALL DEFEND, INDEMNIFY AND HOLD DKAV HARMLESS FROM AND AGAINST
ANY AND ALL LIABILITY OR LOSS WHATSOEVER RESULTING FROM THE EQUIPMENT OR ITS
USE WHILE IN THE LESSEE’S POSSESSION OR UNDER THE LESSEE’S CONTROL.
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