The RENTAL AGREEMENT is made between Panorama Media Group LTD. (“Lessor”) and the person and/or firm to whom this invoice is directed (“Lessee”).
This is a lease of the equipment and accessories (hereinafter collectively referred to as “equipment”) described.
1.1 The term of this lease, unless otherwise specified, is from day to day with rental payable within terms specified and agreed to by Lessor and Lessee; Lessee agrees to pay such rental promptly when due.
The equipment shall be used only at the locations specified and shall not be removed from these locations without Lessor’s prior written consent.
3.0 COMPLIANCE WITH LAWS, LABELS
Lessee shall comply with all laws, ordinances and regulations in anywise relating to the use, operation or maintenance of the equipment.
3.1 Lessor’s property labels shall not be removed. Lessee is responsible for removing Lessee’s identifying labels before returning the equipment. Failure to remove identifying labels or anything that was not on the equipment when rented will result in additional charges.
Lessee acknowledges that he/she has fully inspected and accepted said equipment in good condition and function.
At all times during business hours, Lessor shall have the right to inspect the equipment or observe its use.
Lessee shall not make any alternations, additions or improvements to the equipment without written consent of the Lessor.
7.0 LOSS AND DAMAGE
Lessee hereby assumes and shall bear the entire risk of loss and damage to the equipment from any and every cause whatsoever, except as otherwise provided in following paragraph.
Upon the expiration or earlier termination of this lease, Lessee shall return the equipment and all accessories (including, but not limited to, sensors, connectors, cable, terminations, power cords operation, or maintenance manuals, and test charts furnished by Lessor to Lessee in good repair, in the same condition as said equipment was at the time of delivery thereof to Lessee, ordinary wear and tear resulting from the proper use thereof alone excepted.
Lessee shall keep the equipment free and clear of all liens and encumbrances whatsoever.
Lessee acknowledges and agrees that Lessor makes no warranty, express or implied, regarding the equipment, including without limitation any warranty or merchantability or fitness for any purpose. Lessor’s obligation to Lessee shall be limited to the repair or replacement of equipment which is defective when delivered to Lessee, and Lessee agrees that this shall be its sole and exclusive remedy against Lessor.
Upon Lessee’s default or breach of any provision hereof, or upon the happening of any event expressed in the following paragraph 12 hereof, Lessor shall have, in addition to all legal remedies available to him, the right to take possession of any or all items of equipment, without demand or notice, wherever the same may be located, without any court order or other process of law and Lessee hereby waives any and all damages occasioned by said taking.
12.0 ASSIGNMENT, ETC The Rental Agreement and/or the equipment may not be assigned, transferred, pledged, hypothecated, sublet or lent by Lessee to anyone without prior written consent of Lessor.
12.1 Lessor may assign the Rental Agreement and/or mortgage and/or sell said equipment subject to the terms hereof.
Cancellation prior to 48 hours of commencement of the rental period is not subject to charge. Cancellation within 48 hours of commencement of the rental period is subject to charge.
13.1 Cancellation once technician has departed for the rental site will be charged in full.
14.0 ACCEPTANCE OF TERMS
Lessee may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of the Lessee and Lessor, as well as their respective principals, employees, representatives, and successors. Lessee and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
14.1 No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Lessee is bound by, Lessee’s oral authorizations for any additional Equipment, fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the Rental.
14.2 This Agreement will be deemed to be a contract made under the laws of Canada and the Province of British Columbia, and for all purposes will be interpreted in its entirety in accordance with these laws. Lessee specifically and irrevocably confers personal jurisdiction over it by the courts of the district of Vancouver, British Columbia, Canada. Lessee will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favour of the Lessor.
14.3 If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
14.4 In addition to oral and written agreements, use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.
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