Customer acknowledges that he has examined
and tested the items of equipment listed herein and that the equipment is in
good working condition and customer accepts the same as is, and without
any rental reductions or claims therefore. Customer acknowledges that this
equipment is leased without warranty or guarantee of any kind, express or
implied, and that Gotham Sound and Communications, Inc. (herein referred
to as "Gotham") assumes no responsibility, implied in fact or law, for the
performance or non-performance of the equipment. Customer shall return to
Gotham, at Customer's expense, for exchange for other equipment, any item
of equipment listed herein which subsequent to delivery becomes inoperable.
This provision shall not relieve Customer of responsibility in the event of
damage, destruction or non-return.
All recordable media provided with rental items is for testing or backup purposes. It is strongly recommended that the customer purchase their own recordable media. Gotham Sound and Communications assumes no responsibility for any recordable media in rented audio recorders, and cannot guarantee data recovery in the event of a loss or failure.
This equipment, or any part thereof, may not be removed
from the county of regional Gotham office, without prior written consent
of the Gotham representative endorsed hereon. The equipment leased hereunder shall be
used only by duly qualified employees and/or agents of Customer and in
strict accordance with the laws and regulations of its location and with the use
contemplated in this Agreement. Customer shall keep the equipment leased
hereby in Customer's sole custody and shall not permit the leased equipment
to be used in violation of any federal, state or municipal statutes, rules or
regulations, and indemnifies and holds Gotham harmless from any and all fines, forfeitures, penalties, and for the violation of any statute, law, ordinance,
rule or regulation of any duly constituted public authority.
If any item of equipment is returned
in a damaged or destroyed condition or if any such item is not returned for
any reason (including, but not limited to, destruction, confiscation, theft or act
of God.), Customer shall pay to Gotham the monetary value of such item.
Customer specifically agrees that the monetary value of each item of leased
equipment is as per replacement value list posted in Gotham's office, a copy of
which will be furnished to Customer upon request. If any item is returned in a
repairable, damaged condition, Customer shall pay to Gotham the cost of such
repairs as determined by Gotham. In determining whether equipment shall be
replaced or repaired, Gotham's judgment shall be conclusive upon Customer.
Notwithstanding anything to the contrary in this Agreement, and regardless
of when Customer pays Gotham the monetary value of the leased equipment
or the cost of repairing the leased equipment in the event of loss or damage
to the leased equipment, Gotham reserves the right to hold Customer liable
for payment of rent at the rate provided in this Agreement until the equipment
has actually been repaired or replaced and returned to Gotham's rental
inventory, and Customer acknowledges that there may be delays in repair or
replacement attributable to causes beyond Gotham's control. The acceptance
of the return of the leased equipment is not a waiver by Gotham of any claims
that it may have against Customer, nor a waiver of claims for latent or patent
damage to the equipment.
The terms of payment are based upon credit
information at the time of rental. Should there be any change in such
information, Customer agrees that Gotham is privileged to revise the terms of
payment without further notice. The first rental day shall be the day the rental
equipment leaves Gotham's premises. The last rental day shall be the day
the rental equipment is returned to Gotham’s premises unless equipment is
returned before 10:00 AM then no rental shall be charged for the day of return.
If the equipment is returned to Gotham’s premises after 10:00 AM then the
last rental day is the day of return. When on daily schedule, daily rate will be
charged for all days including Saturdays, Sundays and Holidays if equipment
is used. When equipment is rented for less than the Weekly rate it will be
charged at the Daily rate until charges equal the Weekly rate. Rent is payable
upon receipt of invoice. All past due accounts bear interest at the rate of 1 1/
2% per month (18%annually). If Gotham places the account in the hands of
an attorney for collection, Customer agrees to pay reasonable attorneys' fees
and court costs which may accrue. Rental rates paid will not be applied to the
purchase price of any equipment listed herein.
Customer specifically acknowledges Gotham's
superior title and ownership of the equipment and shall keep the equipment
free of all liens, levies and encumbrances. Customer acknowledges that it
shall be responsible for all taxes, transportation charges, duties, broker's fees,
bonds, and all other costs imposed upon the leasing or use of said equipment.
Customer agrees not to remove or cover the name, tag or nameplate on
equipment showing ownership by Gotham.
Upon termination of the lease period or upon the
breach of any provision hereof, or in the event of a proceeding in bankruptcy
with regard to Customer, or the levying of any legal process upon any item
of equipment herein described, or upon any use of equipment in derogation
or violation of Gotham's superior title and ownership, Gotham and its agents
shall be at liberty at any time thereafter to remove all of said equipment without
notice or demand or any liability for damage caused by any such entry for such
purpose and without prejudice to Gotham's right to receive rent due or accrued
to and including date of removal of said equipment.
Customer agrees to indemnify Gotham and
to hold Gotham harmless from any and all claims, actions, suits, proceedings,
costs, expenses, damages and liabilities, including attorneys' fees, arising out
of, connected with, or resulting from the equipment or the personnel provided
hereunder, including without limitation, manufacture, selection, delivery, possession, use, operation, conduct, or return of said equipment. Gotham
shall not be liable for any loss or damage of any kind, whether caused by
negligence or otherwise resulting from any delay, detention, late-delivery, non-
delivery, defect or deficiency in leased equipment or other materials supplied,
handled, stored, repaired, transported, received or processed or the services
of technicians, drivers, or any other personnel or service provided by Gotham.
Customer shall, at its expense, at all times from the time
of removal of equipment from lessor's premises maintain property damage
insurance in amounts and with insurance companies satisfactory to Gotham,
protecting Gotham as an additional insured and providing for 10 days' written
notice to Gotham before any policy shall be modified or canceled. Customer
shall deliver to Gotham, upon request, evidence of the insurance coverage
satisfactory to Gotham. Should Customer fail to procure or pay the cost of
maintaining in force the insurance specified above or to provide Gotham upon
request with satisfactory evidence of the insurance, Gotham may, but shall
not be obligated to, procure the insurance, and Customer shall reimburse
Gotham on demand for its cost. Suffering lapse or cancellation of the required
insurance shall be an immediate and automatic default by Customer under this
All leased equipment that is due to leave the United States
must be registered with U.S. Customs prior to departure. Gotham will furnish
Customer with a statement giving serial number, county of origin and value of
equipment at Customer's request. Adequate bonds and customs fees are to
be provided by and paid by Customer. Any delay due to the Customer's failure
to register leased equipment, or due to use of leased equipment outside of the
U.S. shall be charged as a normal day until equipment is returned to Gotham.
All air or surface shipments of leased equipment made
on behalf of Customer by Gotham will be shipped collect for freight charges
and insurance. All leased equipment returned to Gotham by Customer must be
Customer must adhere to all rules, laws, guidelines, and regulations when shipping any gear that contains lithium batteries or other dangerous goods. Gotham is not liable for any shipping of lithium batteries or dangerous goods when the rented equipment is in the possession of the Customer. Customer must observe all laws and standard industry practices when handling dangerous good.
In the event of cancellation while on daily schedule
for any reason including weather, the following charges shall apply in
consideration of Gotham preparing equipment and holding it available:
This Agreement shall be governed by the laws of the state
of regional Gotham rental office and should any legal proceedings arise out of this Agreement, the
prevailing party, in addition to any other recovery, shall be entitled to recover
all reasonable expenses including attorneys fees.
This Agreement expresses the entire agreement between the
parties and any change thereto must be in writing.
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