RENTAL CONTRACT TERMS AND CONDITIONS
TERM
The rental shall commence on the day the property is delivered to you and shall continue until the property is returned to us, complete and in good working order, either by being picked up by us, or by you returning the equipment to our location.
TITLE
You acknowledge that the property rented by you belongs to us and that you cannot sell, pledge, mortgage or otherwise dispose of the property unless you exercise your Purchase Option and we have been paid in full for all payments due to us.
LOCATION
Except for laptops, projectors and cameras, the property shall be kept at the Equipment Location you have provided us and may not be moved or relocated without prior written permission.
USAGE
You may use our property, but you may not abuse it. In particular, you must provide a suitable location, including appropriate electrical power, for our property and comply with the manufacturer's operating instructions. You may not physically alter or modify our property without our written permission. It is crucial that you maintain regular back-ups of your data. EGADS will not be held responsible for data loss of any kind.
PRINTING, FAX AND COPIER SUPPLIES
Black & white laser printer and fax rentals include a starter toner which is guaranteed to print at least 500 printed pages. Desktop copiers include a starter toner which is guaranteed to print at least 300 printed pages. If less pages are produced, a replacement toner cartridge will be supplied to you within one business day free of charge. Purchase and installation of additional printing supplies as well as ink-jet print cartridges are your sole responsibility.
REPAIRS
During the term of the rental, we are responsible for the maintenance of our property resulting from normal usage. If the property malfunctions or is damaged in any way, you must notify us immediately and we will, at our discretion, repair or replace the defective property within one business day. However, if the malfunction is the result of your abuse, neglect, misuse, alterations or modifications, you will be responsible for the costs associated with such service calls including replacement parts.
ACCIDENTAL DAMAGE INSURANCE
This insurance covers any damage during your rental period that was accidental. Unless you have accepted this optional coverage, you will be responsible for all costs resulting from damage to EGADS property including service and repair charges. This coverage does not extend to misuse, intentional abuse, or weather related damage and is subject to a deductible of $500 for laptops and projectors, $100 for LCD panels up to 20", $500 for 32" plasma/LCD displays, $750 for 42" plasma/LCD displays, $1,250 for 50"-52" plasma/LCD displays, and $2,500 for 61"-65" plasma/LCD displays. This coverage does not extend to lost or stolen property. In the event of any such loss, you agree to promptly pay us within 10 days as if you had exercised your Purchase Option.
CREDIT APPROVAL
We are not obligated to deliver the property unless and until your credit is approved by us.
WARRANTY
Other than providing you with our property in good working order, WE MAKE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Specifically, you acknowledge that the property and, where applicable, the software was selected by you as being suitable for your needs. Computer virus software, if installed, is not guaranteed to stop all computer virus attacks. Costs incurred by you for virus protection/removal, file repair and data recovery are your sole responsibility.
MICROSOFT SOFTWARE
If Microsoft Software is installed on the rental equipment, the undersigned RENTAL CUSTOMER hereby acknowledges that its use of the Microsoft Products accompanying the computer equipment rented/leased is governed by the applicable Microsoft End User License Agreement attached hereto.
DISCLAIMER
We are not responsible and have NO LIABILITY FOR DAMAGES DIRECTLY OR INDIRECTLY INCLUDING CONSEQUENTIAL DAMAGES that may result from the rental of our property unless it is the result of our negligence, in which case our total liability shall be limited to no more than the total rental amount listed on page 2.
PAYMENT
All Payments including applicable taxes and/or shipping and delivery charges are due in full at the beginning of the initial rental term and on the first day of each subsequent rental period. All other payments are due when billed. If payment is made by check and the check does not clear there will be a $25 bounced check fee billed to your account.
LATE CHARGES
If any payments have not been made within 30 days of the due date, we may impose a late charge equal to the lesser of 1.5% per month or the maximum rate permitted by law. We may also consider you in default.
RENEWALS AND RATE CHANGES
The rental will automatically be renewed for successive rental periods following the initial rental term. However, we reserve the right to adjust our rate provided we have given you written notice of such changes at least 10 business days in advance.
LONG TERM RENTAL DISCOUNT
To qualify for our long term discount program ("Pre-pay for 2 months, get 1 month FREE! Pre-pay for 3 months, get 3 months FREE!"), full payment must be made by the day the equipment is delivered. Failure to do so will result in normal monthly rates being billed on a monthly basis.
TERMINATION
Prior to the conclusion of the initial rental term or any subsequent extension(s), you may terminate the rental by our receiving at least five business days advance notice in writing or by telephone.
CANCELLATION, EARLY TERMINATION AND LATE RETURN CHARGES
Unless we receive notice of cancellation at least thirty days prior to the commencement date of the initial rental term, you are responsible for a cancellation fee equal to the greater of 25% of the initial rental term charge or $150.00. For orders placed using the EGADS Expo Order Form, there are no refunds for orders cancelled with less than 48 hours notice.
If the rental is terminated prior to the conclusion of the initial rental term, you are responsible for any additional charges in accordance with our rates for such a shorter term.
Beyond the initial rental term or any subsequent extension(s), or for late returns, the rental charges will be prorated accordingly. If, however, the pickup of the property has been rescheduled for our convenience, you will not be responsible for additional rental charges resulting from such a rescheduling.
WAITING FEE / RESCHEDULE FEE
In the event that an EGADS technician has arrived for a scheduled delivery or pickup, and you are not ready to receive or return the rented equipment, there will be a charge of $37.50 per 30 minutes of waiting time. Alternatively you can reschedule the delivery or pickup for a later date and/or time for a $50 rescheduling fee.
SERVICE CALLS
In the event an EGADS technician is needed on-site to troubleshoot an issue (ex: printer connectivity, internet connectivity, etc.), and the problem was not due to EGADS equipment, a service charge will be billed at a rate of $37.50 per half hour plus travel time.
SETUP REFUSAL
If you refuse to allow an EGADS technician to setup your equipment at delivery time and subsequently an EGADS technician needs to return to setup the equipment for you, it will be considered a service call and will be billed at a rate of $37.50 per half hour.
DEPOSIT
Upon the return of our property, complete and in good working order, and the payment of all outstanding charges, we will return your security deposit within ten business days.
PURCHASE OPTION
At the conclusion of the initial rental term or any subsequent extension(s), you may purchase our property for the amount listed on our packing slip provided all rental payments have been made and we have received at least ten business days advance notice in writing or telephone.
DEFAULT
We may terminate the rental if:
a) you fail to honor your obligations under this agreement; or
b) you file for creditor protection under Federal or State laws; or
c) we believe you are experiencing business difficulties.
Under any of these circumstances, you will remain liable for the return of our property, complete and in good working order, all outstanding payments and any payments due for the balance of the initial rental term or its extension. Furthermore, you will be responsible for agreed collection and/or attorney's fees of 20% together with all other related expenses.
GENERAL PROVISIONS
a) This contract is the entire agreement between you and us and cannot
be changed except in writing and signed by both of us.
b) The laws of the State of New York shall govern this Agreement between you
and us.
c) Although you do not have the right to assign this Agreement, we do.
If we exercise this right, we may direct you to make all future
payments to another party at their address.
d) Paragraph headings are for convenience only.
ATTACHMENT
Microsoft End User License Agreement
THIS COMPUTER SYSTEM CONTAINS ONE OR MORE MICROSOFT PRODUCTS
WHICH ARE LICENSED TO EGADS COMPUTER CORPORATION. AS A SUBLICENSEE OF EGADS COMPUTER CORPORATION YOU ARE BOUND BY THE TERMS OF THIS RENTAL SUBLICENSEE LICENSE AGREEMENT
LIST OF SOFTWARE ON PC: MICROSOFT OFFICE
Microsoft License Agreement for End Users using a Microsoft Product on a Rental Computer
Microsoft Corporation has licensed the software listed above to EGADS Computer Corporation and EGADS Computer Corporation is sublicensed the use of this software to you on the terms below. You will not be able to use this Microsoft software unless you agree to the following terms:
MICROSOFT SOFTWARE LICENSE
1. GRANT OF LICENSE. This Microsoft License Agreement ("License") permits you to use one copy of the specified version of the Microsoft software product(s) identified above ("SOFTWARE") on the Rental Computer, provided the SOFTWARE is in use on only one computer at any time during the period you are a rental customer. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD ROM, or other storage device) of that computer.
2. COPYRIGHT. The SOFTWARE is owned by Microsoft or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording). You may not copy the software or written materials accompanying the SOFTWARE.
3. OTHER RESTRICTIONS. This Microsoft License Agreement is your proof of license to exercise the rights granted herein. You may not rent or lease the SOFTWARE or otherwise transfer your rights here under. You may not reverse engineer, decompile, or disassemble the SOFTWARE.
WARRANTY
SOFTWARE PROVIDED "AS IS". THE PRODUCTS, PRODUCT MATERIALS AND ANY OTHER SERVICES, MATERIAL AND SOFTWARE PROVIDED BY MICROSOFT AND/OR SUBLICENSED TO YOU ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. NO OTHER WARRANTIES. Microsoft disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, the accompanying written materials, and any accompanying hardware.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Microsoft or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the SOFTWARE, even if Microsoft has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
The Microsoft End User License Agreement is governed by the laws of the State of Washington. |