Rental Agreement

By your signature, you, the Customer (as defined below) agree and acknowledge that Customer has read, understands, accepts full responsibility for and is bound by the terms and conditions contained in this Rental Agreement (as defined below), which also consists of any optional products purchased by Customer in connection with this rental and the Order form (as defined below) hereof for the Rental Period (as defined below) whether or not subsequent agreements are executed by Customer or if Production Zone LLC/Media 2-Way Radio assigns a new agreement number during the Rental Period for the purpose of invoicing Customer.

1. DEFINITIONS. “Rental Agreement” means this Online Rental Agreement, including the Reservation Details. “PZ/Media 2-Way” means Production Zone LLC and/or dba Media 2-Way Radio, from whom the Customer has rented the Equipment. “Equipment” means any one or more of the items identified in the Order Form and any accessories, attachments or other similar items delivered to Customer. “Customer” means the person or entity identified as such in the Order Form or any representative, agent, officer or employee of Customer. “Rental Period” means the period of time between the date “From” and date “To,” set forth in the Order Form, except that the Rental Period may extend or terminate earlier as provided in Sections 17 and 22 hereof. Order details means the Equipment, Rental Period, Delivery Information, Payment Information and other information.
2. AUTHORITY TO SIGN. Any individual agreeing to this Rental Agreement represents and warrants that he or she is of legal age, and has the authority and power to sign this Rental Agreement on behalf of the Customer.
3. INDEMNITY/ HOLD HARMLESS. To the fullest extent permitted by law, customer agrees to indemnify, defend and hold PZ/Media 2-Way, and any of its respective officers, agents, servants, or employees, and affiliates, parents and subsidiaries, harmless from and against any and all liability, claims, loss, damage or costs (including, but not limited to, attorneys’ fees, loss of profit, business interruption or other special or consequential damages, damages relating to property damage, bodily injury, or damages relating to wrongful death) arising out of or related to the operation, use, possession or rental of the equipment. This indemnity provision also applies to any claims asserted against PZ/Media 2-Way based upon strict or product liability causes of action. However, customer shall not be obligated to indemnify PZ/Media 2-Way for that part of any loss, damage or liability caused solely by the intentional misconduct or sole negligence of PZ/Media 2-Way. In furtherance of, but not in limitation of the indemnity provisions in this agreement, customer expressly and specifically agrees that the foregoing obligation to indemnify shall not in any way be affected or diminished by any statutory or constitutional limitation of liability or immunity customer enjoys from suits by its own employees. The duty to indemnify will continue in full force and effect notwithstanding the expiration or early termination of the contract.
4. INSPECTION OF EQUIPMENT. Customer acknowledges that Customer will inspect the Equipment prior to taking possession thereof, and Customer will only accept delivery of the Equipment if Customer determines that the Equipment is in good working order and repair, and is suitable for Customer’s needs. Customer further acknowledges that PZ/MEDIA 2-WAY acts ONLY as a broker for any vehicle rental that PZ/Media 2-Way Radio may procures or invoice to Customer. Customer acknowledges that PZ/Media 2-Way does not own any of the vehicles that Customer may rent and ONLY acts only as an agent to provide “service’ to Customer. Customer. Customer acknowledges that Customer is familiar with the proper operation and use of each item of Equipment. Customer acknowledges that, prior to taking possession of the Equipment, Customer will obtain and read all safety bulletins, operator manuals, and tabulated data for each item of Equipment.
5. LIMITATION OF LIABILITY. In no event shall (I) PZ/Media 2-Way be responsible to Customer or any other party for any loss, damage or injury caused by, resulting from or in any way connected with the Equipment, its operation or its use, PZ/Media 2-Way’s failure to deliver the Equipment as required hereunder, or PZ/Media 2-Way’s failure to repair or replace non-working Equipment or (ii) PZ/Media 2-Way be liable for any incidental, consequential, punitive or special damages. Customer acknowledges and assumes all risks inherent in the operation, use and possession of the Equipment from the time the Equipment is received by Customer until the Equipment is returned to PZ/Media 2-Way and Customer will take all necessary precautions to protect all persons and property from injury or damage from the Equipment.
6. USE OF EQUIPMENT. Customer will not use or allow anyone to use the Equipment: (a) for an illegal purpose or in an illegal manner; (b) without a license, if required under any applicable law, or (c) who is not qualified to operate it. Customer agrees, at Customer’s sole expense, to comply with all applicable municipal, state, and federal laws, ordinances and regulations (including O.S.H.A. and the Internal Revenue Code) which may apply to the use of the Equipment. Customer agrees to check filters, oil, fluid levels and tire air pressure, to clean and visually inspect the Equipment daily, to immediately notify PZ/Media 2-Way when Equipment needs repair or maintenance and to cease using the Equipment. Customer acknowledges that PZ/Media 2-Way has no responsibility to inspect the Equipment while it is in Customer’s possession. PZ/Media 2-Way shall have the right to replace the Equipment with other similar equipment at any time and for any reason.
7. DISCLAIMER OF WARRANTIES. PZ/MEDIA 2-WAY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER’S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS RENTAL AGREEMENT, PZ/MEDIA 2-WAY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL TRANSACTION.
8. MALFUNCTIONING EQUIPMENT. Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and immediately notify PZ/Media 2-Way. If such condition is the result of normal operation, PZ/Media 2-Way will repair or replace the Equipment with similar Equipment in working order, if such replacement Equipment is available. PZ/Media 2-Way has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Customer’s sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure. Customer must return the Equipment to PZ/Media 2-Way within 24 hours from the time of defect in order to terminate rental charges.
9. RETURN OF EQUIPMENT/DAMAGED & LOST EQUIPMENT. At the expiration of the Rental Period, Customer will return the Equipment to PZ/Media 2-Way during PZ/Media 2-Way’s regular business hours, such Equipment to be in the condition and repair as when delivered to Customer, subject to reasonable wear and tear, as defined below. In the event that PZ/Media 2-Way has agreed to pick up the Equipment from Customer, Customer shall notify PZ/Media 2-Way in writing that the Equipment is “off rent” and shall obtain an “off rent” confirmation in writing from PZ/Media 2-Way. PZ/Media 2-Way shall endeavor to pick up the Equipment within a commercially reasonable period of time after the Equipment is called “off rent.” Customer shall be liable for all damages to or loss of the Equipment from the time the Equipment leave PZ/Media 2-Way until the Equipment is (a) returned to PZ/Media 2-Way, including any damage during transit to or from Customer; or (b) picked up byafter Of “Off rent written confirmation. In the Case Of the Or destruction Of Equipment, Or inability Or failure to return Same to PZ/Media 2-VVay for any reason whatsoever, Customer will pay PZ/Media 2-\Noy the then full replacement list value of the Equipment together with the full rental rote as specified until such Equipment is replaced. If the Equipment is returned in a damaged or excessively worn condition, Customer shall pay PZ/Media 2-XNay the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been completed. PZ/Media 2-v,/ay shall be under no obligation to commence repair work until Customer has paid to PZ/Media 2-Way the estimated cost therefor. Customer agrees that PZ/Media 2-Way reserves the right to charge the credit card provided by Customer as part Of this Rental Agreement, a credit card On file if applicable, and/or Customer’s account for any amount owed by Customer pursuant to this section due to damaged or lost equipment.
10. REFUELING SERVICE GARGE, REASONABLE WEAR AND TEAR. Customer acknowledges that a “Refueling Service Charge” will be applied to all Equipment not returned full Of fuel. The exact COSt Of the Refueling Service may Vary depending on the date Customer returns the Equipment, CU$tOrner acknowledges that the Refueling Service Charge is o Of Customer avoid the Refueling Service Charge if the Equipment With o fuel tank at the same fuel level as when Customer received it. Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one shift basis (as defined in Section 1 2 below). The following shall not be deemed reasonable wear and tear: (a) damage resulting from lack of lubrication, insertion of improper fuel, or maintenance of necessary oil, water and air pressure levels; (b) except where United expressly assumes the obligation to service or maintain the Equipment, any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer’s operation and maintenance manual; (c) damage resulting from any collision, overturning, or improper operation, including overloading or exceeding the rated capacity Of the Equipment; (d) damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of the Equipment or any part thereof; (e) wear resulting from use in excess of shifts for which rented; and (f) any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry.
11. LATE RETURN. Customer that if the Equipment is not by the end Of the Rental Period, in its discretion, requir CUStOmer to do any Of the following: (a) continue to the rental rate(S) to the Equipment os specified in the order Form, (b) for periods hours, pay the full daily rental rate applicable to the Equipment, or (c) pay any increased rental rate(s) in effect at the time of, or after, the expiration of the Rental Period. Customer agrees that PZ/Media 2-\Nay reserves the right to charge the credit card provided by Customer as part of this Rental Agreement, a credit card on file if a pplicable, and/or Customer’s account for any amount owed by Customer pursuant to this section due to late return of equipment.
12. RENTAL PERIOD/CALCULATION OF CHARGES. Rental charges commence when the Equipment leaves the PZ/Media 2-VVay location and end when the Equipment is returned to PZ/Medic 2-Way. Rental charges do not include the cost of fuel, any applicable taxes, cost of delivery and pick-up of the Equipment, transportation surcharges, environmental charges or other miscellaneous charges. In the event that PZ/Media 2-Way has agreed to pick up the Equipment from Customer, Customer Shall notify P Z/ Media in writing that the Equipment is “Off obtain an “Off written confirmation from Ot Which time rental no longer be assessed, unless otherwise provided herein. OCCrUe during Holidays CUStOmer has received written confirmation otherwise
13. DEPOSIT. In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit required shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the terms, covenants, and agreements to be performed by Customer hereunder, and in the event Of any breach by Customer, the deposit Will be credited against any damages, COSt Or expense incurred by PZ/Media 2-Way as a result Of the breach.
14. PAYMENT. All amounts due hereunder shall be payable in full upon receipt of invoice by Customer. Customer acknowledges that timely payment of rental is essential to business Operations and it WOUld impractical and extremely difficult to fix the actual by payment. CUStOmer P Z/ Media agree that there be added to all past Charges late payment fee to the lesser Of 20/0 per month (240/0 per annum) on any such payments outstanding after 30 days, or the maximum amount allowed by applicable law. Customer agrees that PZ/Medio 2-Way reserves the right to charge the credit card provided by Customer as part of this Rental Agreement. a credit card on file if applicable, and/or Customer’s account for any amount owed by Customer pursuant to this section due to late or past due payment(s) or rental charges.
15. TITLE / NO PURCHASE OPTION / NO LIENS. This Rental Agreement is not contract Of sale, and title to the Equipment shall Ot all times remain with PZ/Media 2-VVay. IJnless covered by a specific supplemental agreement signed by PZ/Media 2-XNay has no option or right to purchase the Equipment. Customer shall keep the Equipment free and clear of all mechanics and other liens and encumbrances
16. DEFAULT. Customer shall be deemed to be in default should Customer in any way fail to pay any amount when due hereunder, or to perform, observe or keep any provision Of this Rental Agreement, Or should Customer become “Insolvent” (as defined herein), Or should PZ/Media 2-VVay anticipate that Custorner may become Insolvent or that Customer may otherwise become in default. If Customer is in default, PZ/media 2-v,/ay may do any one or more of the following: (c) terminate the Rental Period; (b) declare the entire amounts due hereunder immediately due and payable and commence legal action therefor; (c) cause PZ/Media 2-Way employees or with notice but without to enter Up-On property take action to and the Equipment, Customer hereby consents to such entry, re—possession hereby waives for losses, physical thereby Shall all costs and expenses incurred by PZ/Medio 2-vqay in retaking and repossessing; or (d) pursue ony other remedies available by law. Customer shall be considered “Insolvent” if Customer (i) shall generally not pay, or shall be unable to pay, or shall admit its inability or anticipated inability to pay its debts cs such debts become due; or (ii) shall make an assignment for the benefit of creditors, or petition or apply to any tribunal for the appointment of a custodian, receiver, or trustee for it or a substantial part of its assets; or (iii) shall commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law Or Statute Of any iurisdiction, whether now or hereafter in effect; Or (iv) Shall have had any Such Or application filed Or any such proceeding Cornmenced against it in which an order for relief is entered or an adiudication or appointment is made; or (v) shall take any action indicating its consent to, approval of, or acquiescence in any such petition, application, proceeding, or order for relief or the appointment of a custodian, receiver, or trustee for all or any substantial part of its properties.
17. COVERAGE. Customer agrees to and Corry, at Customer’s cost, the following insurance: (o) insurance with at least a per occurrence limit of $1 million; (b) commercial general liability insurance (“CGL”) (providing coverage equal to or greater than the standard ISO CG 00 01 12 04 form) with limits of insurance not less than $1 million per occurrence and $2 million in the aggregate; and (c) property insurance for the full replacement cost of the Equipment, including coverage for all risks of loss or damage to the Equipment. Customer shall obtain insurance policies that provide, or are endorsed to provide, that all insurance required hereunder is primary and non-contributory to any other insurance maintained by PZ/Media 2-SNay. PZ/Media 2-Way shall be named as an additional insured for liability insurance and, if applicable, additional loss payee for property insurance. Any deductibles Or self-insured retentions shall be the sole responsibility of the Customer. All insurance required by this agreement shall include a waiver of rights of recovery against PZ/Media 2-V•/ay or its insurers by the Customer and its insurers, as well as a waiver of subrogation against PZ/Media 2-Way or its insurers. The policies required hereunder shall provide that must receive not than 90 notice prior to any cancellation.
18. NO ASSIGNMENT, LENDING OR SUBLETTING. Customer shall not sublease. subrent, assign or loan the Equipment without first obtaining the written consent of PZ/Media 2-\Nay, and any such action by Customer, without PZ/Media 2-\Nay’s written consent, shall be void. PZ/Media 2-\Nay may at any time, without notice to Customer, transfer or assign this Rental Ag reement or any Equipment or any moneys or other benefits due or to become due hereunder.
19. ENTIRE AGREEMENT / ONLY AGREEMENT. The Rental Agreement, including the Order Form, represents the entire agreement between Customer and PZ/Media 2-VVay with respect to the Equipment and the rental of the Equipment. There are no oral or other representations or agreements not included herein. None of PZ/Media 2-Way’s rights or Customer’s rights may be changed and no extension of the terms of this Rental Agreement may be made except in writing, signed by both