Terms and Conditions
of Product Rentals
This Equipment Lease Agreement is made between LaserLight.house (“The Rental Company”) and the Customer as listed on the Rental Contract (“Customer”) and is effective as of the date of order shown above.
AUTHORIZATION. I/We hereby acknowledge receipt of a copy of this Agreement and hereby represent that I/we have the specific capacity and/or authority to enter into this contract and/or sign this contract on behalf of a corporate or like business entity.
TERMS/RENTAL/PAYMENT. This is a lease of the equipment and accessories (collectively referred to as “equipment”) described above. The Customer acknowledges that it has examined the equipment and it is in good working condition. LaserLight.house guarantees all equipment to be operational when it leaves its premises and LaserLight.house cannot be responsible for Lessees failure to operate the equipment properly. The term of this Agreement, unless otherwise specified, is from day to day and the Customer acknowledges that liability for payments accrues on a daily basis. If the Customer fails to return the equipment by the return date specified herein the Customer shall be liable for the daily cost of the equipment until returned or, if lost, replaced. If no return date is specified. The Customer is liable for the daily rental cost of the equipment until it is returned. The Customer agrees to pay the rent within the earlier of thirty (30) days after invoice and/or the commencement of use of the equipment. Terms of payment are based upon credit information the Customer supplies at time of rental. Should there be any change in such information; the Customer agrees that LaserLight.house may demand immediate payment without prior notice. A service charge of 1.5% per month will be assessed on all past due accounts
POSSESSION OF THE EQUIPMENT. The Customer is considered to have taken delivery of the equipment and therefore assume all risk of loss from the time that the Equipment is picked up or delivered–when you take possession of the equipment. You are responsible for any damage you cause to equipment, property or person(s), during testing. After completing your tests you must notify the Rental Company of any defective or inoperable equipment immediately upon discovering the defect. Unless you notify the Rental Company of a defect or problem with the equipment supplied, you agree that the Equipment is in good working order and that the Equipment is acceptable to you.
PICKUP AND DROP OFF. The Customer is to pick up and return the equipment at LLH in Vancouver 9am-5pm Monday through Friday. If you do not pick up and/or return The equipment to LaserLight.house you are responsible for transportation to and from any location. At your request and expense, the Rental Company may arrange shipment of the Equipment to your designated location. You are responsible for all costs (transportation charges, taxes, duties, brokers fees, bonds, insurance and any other costs) incurred during transit. The Rental Company is not responsible for shipping delays once the Equipment is delivered to your carrier. The Rental Company will not accept collect shipments from you.
AUTHORIZED USE. The equipment shall be used only at the locations shown above and shall not be removed from these locations without LaserLight.house’s written consent. The Customer agrees that the equipment shall be used only by duly qualified employees and/or agents of the Customer. The equipment will be used in strict compliance with standard operating procedures prescribed for the equipment and only for the purpose or production contemplated, except in those circumstances where labor is supplied by LaserLight.house. The Customer shall not remove the equipment from its location without LaserLight.house’s written consent.
COMPLIANCE WITH LAW/LABELS. The Customer shall comply with all laws, ordinances regulations in any way relating to the use, operation and maintenance of the equipment. LaserLight.house’s property labels shall not be removed. The Customer is responsible for removing the Customer’s identifying labels before returning the equipment.
ALTERATIONS. The Customer shall not make any alterations, additions or improvements to the equipment without the written consent of LaserLight.house.
INSPECTION. LaserLight.house shall have the right to inspect the equipment or observe its use at all reasonable times.
DEPOSITS. Any and all equipment rentals shall at LaserLight.house’s election be subject to a deposit charge by cash, cashier’s check or bank credit card which shall be based upon a percentage of the value of the equipment and set forth herein.
GENERAL INSURANCE. The Customer hereby agrees to insure the equipment with an insurance carrier for the full value thereof; and shall name LaserLight.house as an additional insured and loss payee on their liability and equipment policies and shall provide LaserLight.house with a Certificate of Insurance upon demand by LaserLight.house or upon hire of the equipment. The insurance shall cover loss or damage in Canada or abroad, in transit or otherwise. The Customer must notify LaserLight.house of Lessees intention to use equipment outside Canada, and gain their permission to do so. For rentals outside Canada, the Customer is responsible for prepayment of all customs duties, excise taxes, brokerage charges, shipping fees and taxes and/or other charges that may be imposed by any country. Any additional equipment rentals needed, due to impound or delays in shipping or customs are the responsibility of the Customer. The Customer hereby acknowledges that daily rental charges shall accrue for time in transit, including time equipment may be in the hands of customs and are the responsibility of the Customer. Should the Customer fail to procure or pay the cost of maintaining in force the insurance specified in the terms of this Agreement, or to provide the Rental Company upon hire of the equipment with satisfactory evidence of insurance, the Rental Company may, but shall not be obligated to, procure the insurance and the Customer shall reimburse the Rental Company on demand for its cost. Lapse or cancellation of the required insurance shall be an immediate and automatic breach of this agreement. The Customer shall also be liable for any loss or damage sustained by LaserLight.house including but not limited to the daily rental value of the equipment from the pick-‐up date until return, repair, and/or replacement
LOSS AND DAMAGE. In addition to the insurance, the Customer shall be responsible for any loss or damage to the equipment from any cause whatsoever occurring after delivery to the Customer and the Customer’s acceptance of the equipment and before possession of the equipment is returned to LaserLight.house. In the event of theft, the Customer agrees to immediately report loss to Renter and file a police report. The Customer shall keep the equipment in its custody and in good condition and repair, ordinary wear and tear excepted. In the event the equipment is lost, stolen, missing, destroyed or not returned for any reason, the Customer shall be responsible for the cost to replace the same item with the closest comparably equipped model, at current retail prices less any discounts available, without deduction for depreciation. If the equipment is damaged, broken or returned incomplete, the Renter will make a determination of the extent of the damage and the required repairs. The Customer and/or the Customer’s representative(s) will have a reasonable amount of time to inspect the damage. In determining whether equipment shall be replaced or repaired, the Rental Company’s judgment shall be conclusive upon the Customer. Should LaserLight.house determine that the equipment must be replaced, the Customer will be responsible for the cost to replace the same item or the closest comparably equipped model, at current retail prices less any discounts available, without deduction for depreciation. The Customer shall be responsible and shall pay LaserLight.house the repair or replacement cost of any equipment damaged, lost, stolen, missing, broken or otherwise. Should any damage or loss cause the equipment not to be rentable, the Customer shall be liable for daily rental costs until equipment has been repaired or replaced.
SURRENDER. Upon the expiration or earlier termination of this Agreement, the Customer shall return the equipment and all accessories (including, but not limited to, sensors, connectors, cables, terminations, power cords, operation or maintenance manuals, and test charts furnished by LaserLight.house) to LaserLight.house in the same condition as at the delivery to the Customer, ordinary wear and tear excepted. LaserLight.house’s acceptance of the return of the equipment is not a wavier by it of any claims it may have against the Customer nor a waiver of claims or latent or patent damage to the equipment.
DISCLAIMER OF WARRANTY. LaserLight.house makes no warranty, express or implied, regarding the equipment, including without limitation, any warranty of merchantability or fitness for a particular purpose. LaserLight.house’s obligation to the Customer shall be limited to the repair or replacement of equipment which is defective when delivered to the Customer and the Customer agrees that this shall be its sole and exclusive remedy against LaserLight.house.
DOWNTIME. LaserLight.house shall be entitled to use up to ten percent (10%) of the billed daily time on the job at its discretion for maintenance, etc., without any deduction for such ‘Down Time’ from the total charges payable by the Customer. LaserLight.house shall make a reasonable effort to have its equipment functioning to meet the Customer’s schedule; however, LaserLight.house shall not be liable for and the Customer shall indemnify and hold LaserLight.house harmless from any and all general and consequential damages suffered by the Customer or third party beneficiaries of the Customer, including compensation to personnel, from any cause including malfunction of the equipment. In the event of equipment failure or malfunction at a job site, the Customer should notify LaserLight.house immediately by telephone. LaserLight.house cannot accept responsibility for malfunctions reported after termination of rental.
ASSIGNMENT/LIENS. This Agreement and/or the equipment may not be assigned, transferred, pledged, hypothecated, sublet or lent by the Customer to anyone without prior written consent of LaserLight.house. LaserLight.house may assign this Agreement and/or mortgage and/or sell the equipment subject to the terms hereof.
CANCELLATION. In the event of cancellation, charges may apply in consideration of the Rental Company’s preparing, holding in reserve or sub-‐ renting equipment on the Customer’s behalf. By keeping the Rental Company informed of your schedule the Customer can either minimize or avoid cancellation fees.
TIME CODE. Additional equipment and supplies will be billed separately on completion of job. S.M.P.T.E. time coding is available, however, LaserLight.house assumes no responsibility whatsoever for the performance or accuracy of this coding equipment.
DEFAULT. In the event the Customer shall fail to make any of the lease payments when due or shall fail to perform any other covenant or condition required hereof or any of the events described in the following paragraphs occur, LaserLight.house may, in addition to all other remedies provided by law, exercise any one or more of the following, with or without demand, notice or legal process;
Recover from the Customer all sums then due;
Repossess the leased equipment (by entering upon the Customer’s premises, if necessary) without liability for trespass, or responsibility with respect to the leased equipment or to any article left in or attached to same, and recover from the Customer all damages sustained by LaserLight.house as a result thereof;
Recover from the Customer any and all damages which LaserLight.house shall have sustained by reason of non-‐performance by the Customer of the terms and conditions of this lease;
Retain, free from any claim by the Customer, all payments or other property theretofore received under this lease;
Recover from the Customer all expenses incurred by LaserLight.house protecting its rights under this agreement, including, without limitation, attorney’s fees, court costs, and costs of locating, repossessing, repairing, reconditioning and storing the leased equipment.
BANKRUPTCY. Neither this Lease Agreement nor the equipment is assignable or transferable by operation of law. If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Customer, or it the Customer is judged insolvent, or makes any assignment for the benefit of his creditors or if a writ of attachment or execution is levied on any item or items of the equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Customer is a party with authority to take possession or control of any item or items of the equipment, LaserLight.house shall have and may exercise any one or more of the remedies set forth in paragraph (16) hereof. This Rental Agreement shall, at the option of the Rental Company, without notice, immediately terminate and shall not be treated as an asset of the Customer after the exercise of said option and LaserLight.house shall recover from the Customer any and all costs or damages associated with recovery of this equipment.
THE RENTAL COMPANY’S EXPENSES. The Customer shall pay LaserLight.house all costs and expenses including attorney’s fees, incurred by the Rental Company in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof. This contract shall be governed by the applicable laws of the Province of British Columbia, and the Customer shall agree that any proceedings which it may institute shall be brought in the Province of British Columbia.
SEVERABILITY. The provisions of this Agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
PARTIES BOUND. This Lease Agreement shall be binding and inure to the benefit of the heirs, executors, administrators and assignees of the parties hereto.
INDEMNIFICATION. The Customer agrees to indemnity the Rental Company and to hold the Rental Company, its employees and agents harmless from and against any and all losses, damages, claims, demands or liability of any kind or nature whatsoever, including legal expenses, arising from the use, condition (including, without limitation, latent and other defects) or operation of the equipment, and by whosoever used or operated during the rental term. This indemnification shall continue in lull force and effect during and after the term of the rental for causes arising during the term of the rental.
COMPUTER RENTAL AND USE. The Customer acknowledges that it has received and reviewed the Computer Equipment Rental and Use Agreement which is incorporated herein and which shall apply to all rentals and/or use of computers, including but not limited to PC, Laptops, Avid equipment and their accessories.
ENTIRE AGREEMENT. This contract contains the complete and final agreement between LaserLight.house and the Customer, and no other agreement in any way modifying any of said terms and conditions will be binding upon LaserLight.house unless made in writing and signed by LaserLight.house.