PHYSICAL CONDITIONS OF RENTAL UNIT (S)
You acknowledge that prior to taking the rented item(s), you examined it,
saw it in operations, and are aware of its condition and that it is in good
condition except for any defect noted on this contract. It is your responsibility
to return the rented item(s) to ERDMAN VIDEO SYSTEMS, INC. in the same condition.
USE OF AND MAINTENANCE OF THE ITEM (S)
We agree that you are satisfied with the instruction given by ERDMAN VIDEO
SYSTEMS, INC. in the proper manner of using the item(s) or that you are familiar
and told ERDMAN VIDEO SYSTEMS, INC. that you were. You further agree that
the item(s) will be used for the purpose for which the item(s) was manufactured
and intended. Subleasing or improper use is prohibited. You have to read and
understand all manuals, written operating instructions, and warnings as supplied
for the equipment.
RESPONSIBILITY FOR USE AND DISCLAIMER OF WARRANTIES
You are responsible for the use of the rented item(s). You assume all risks
inherent in the operation and use of the item(s) and agree to assume the entire
responsibility for the defense of, and to pay, indemnify and hold ERDMAN VIDEO
SYSTEMS, INC. ; harmless from, and hereby release ERDMAN VIDEO SYSTEMS, INC.
from any and all claims from damage to property or bodily injury (including
death) resulting from the use, operation or possession of the item(s) whether
or not it be claimed or found that such damage or injury resulted in whole
or in part from ERDMAN VIDEO SYSTEMS, INC. negligence, from the defective
condition of the item(s) or from any cause. YOU AGREE THAT NO WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING MERCHANT ABILITY OR FITNESS FOR A PARTICULAR
PURPOSE HAVE BEEN MADE IN CONNECTION WITH THE EQUIPMENT RENTED.
RESPONSIBILITY FOR EQUIPMENT
From the time the item(s) is rented out until it is returned, you are responsible
for it. If the item(s) is lost, stolen, or damaged under any circumstances
while rented, regardless of fault, you shall be responsible for all charges,
including labor costs, to replace or repair the item(s).
NO WARRANTY ON SERVICE
ERDMAN VIDEO SYSTEMS, INC. makes no warranties, express or implied, including
without limitation, and any implied warranty of merchantability of fitness
for a particular purpose to customer in connection with its use of the service.
In no event shall ERDMAN VIDEO SYSTEMS, INC. be liable for incidental or consequential
damages to the full extent the same may be disclaimed by law. Customer acknowledges
that service interruptions will occur from time to time and agrees to hold
company harmless for all such interruptions. ITEM (S) FAILURE You agree immediately
to discontinue the attempt to use the rented item(s) should it, at any time,
become unsafe or in a state of disrepair and will immediately (one hour or
less) notify ERDMAN VIDEO SYSTEMS, INC. of the facts. ERDMAN VIDEO SYSTEMS,
INC. agrees in its discretion to make the item(s) operable with a reasonable
time, or provide you with a like item if available, or make a like item available
at another time, or adjust the rental charges. This provision does not relieve
you from the obligations imposed by other paragraphs, including consequential
damage, resulting from failure or defect of a rented item(s)
RETURN OF ITEM
The rented item(s) is ERDMAN VIDEO SYSTEMS, INC. property and is rented to
you subject to this contract for rental charges and for the period of time
noted on the leasing contract under “Schedule return date.” You
must immediately notify ERDMAN VIDEO SYSTEMS, INC. to obtain or approve, the
terms for such extension and modification of this contract. If this agreement
has not been extended and you fail to return the item(s) when due in; and
to do so ERDMAN VIDEO SYSTEMS, INC. or its representatives may enter your
property and you hereby waive any right of action against ERDMAN VIDEO SYSTEMS,
INC. for such entry and retaking. In addition, you acknowledge that the failure
to return the rented item(s) within the contracted time and the sale or concealment
of rented item (are) prohibited, AND THAT ANY SUCH ACTION MAY CONSTITUTE A
CRIME. ERDMAN VIDEO SYSTEMS, INC., in addition to any other action we may
notify the authorities and take other action, including the filing of criminal
complaints, subjecting you to prosecution.
CHARGES AND PAYMENTS
Time is money. You are responsible for rental charges from the time the item(s)
is “Out” as specified on the leasing contract, until it is returned,
and other charges hereunder Return the item(s) promptly, and in good condition.
You and your representative, agent, or principal shall be responsible for
and shall pay ERDMAN VIDEO SYSTEMS, INC. all charges hereunder. All charges
are due upon return of the item(s) and on demand. If the rental charges are
charged to someone other that the customer, the customer represents he/she
and is the agent of such party and has the right to charge this rental. The
customer nevertheless will remain liable for the charges and for the other
obligations and responsibilities of the Customer hereunder if rental charges
are not paid within 10 days of the due date. ERDMAN VIDEO SYSTEMS, INC., at
its discretion, may recalculate all charges on a daily rental rate basis.
COLLECTION COST
You agree to pay attorney fees, collection fees, court costs, and any other
expenses incurred in collection of any charges under this agreement, in retaking
the rented item(s) or otherwise in enforcing the terms of this contract.
MODIFICATION OF CONTRACT
This paper represents our entire contract, and there are no collateral, oral,
or other agreements outstanding. None of ERDMAN VIDEO SYSTEMS, INC. rights
may be changed and no extension of the term of this contract may be made except
in writing signed by ERDMAN VIDEO SYSTEMS, INC. and made a part of this contract.