Rental Agreement Terms and Conditions
In connection with the equipment rented to Lessee hereunder (the "Equipment"), Lessee and Chicago Sound Services, LLC. (CSS) agree to be bound by the following terms and conditions as well as current rental sales policies of CSS:
1. At the time of rental and prior to the equipment removal of CSS's offices, Lessee or their representative shall have the opportunity to inspect the Equipment.
2. Rent at daily rates or package price specified in the rental invoice shall accrue from the date of the Equipment's departure from CSS's premises, or when given to Lessee's representative for rental preparation and inspection on CSS's premises prior to its use, through the date the Equipment is physically returned to CSS's premises (the "Rental Period"). However, no rent shall accrue for the date on which the equipment is returned if it is returned before 10:00 AM on the return date. No credit against the amount of rent shall be allowed on the basis that the Lessee did not use any part of the Equipment during the Rental Period.
3. Lessee herby assumes full responsibility for the Equipment during the entire rental period and shall keep and maintain, at its own cost and expense, the Equipment in a good state of condition and repair, ordinary wear and tear excepted, during the entire Rental Period. At Lessee's request, CSS shall ship the Equipment to Lessee at LESSEE'S OWN RISK, cost, and expense. Shipments of the Equipment to Lessee by CSS shall be shipped either COLLECT or prepaid with freight fees and carrier insurance charges added to the invoice for the equipment rental. Return shipments of the equipment by Lessee to CSS shall be shipped PREPAID for freight and carrier insurance charges.
4. If any part or portion of the Equipment is destroyed, damaged, lost or stolen during the Rental period, the Lessee shall be liable to CSS for repair cost or full replacement cost, including freight charges and taxes, and without deduction for betterment or depreciation of that Equipment, as the case may be. The replacement value or repair cost of the Equipment shall be determined by the actual cost of CSS to replace or repair the Equipment, at CSS's option.
5. Lessee hereby acknowledges that CSS is the owner of the Equipment, and agrees not to remove any tag or nameplate on the equipment indicating CSS's ownership.
6. Lessee shall use the Equipment at its own risk and expense and assume the full responsibility for injuries to any person or property resulting from the use or possession of the Equipment during the Rental Period. CSS SHALL NOT BE LIABLE WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OR FOR THE COSTS OF SHIPMENT ARISING IN CONNECTION WITH THE USE OR POSSESSION OF THE EQUIPMENT BY LESSEE OR ANY THIRD PARTY DURING THE RENTAL PERIOD. UNDER NO CIRCUMSTANCE SHALL CSS'S LIABILITY OR LESSEE'S REMEDY FOR DAMAGE AGAINST CSS EXCEED THE AMOUNT OF THE RENT PAID BY CSS BY LESSEE UNDER THIS AGREEMENT.
7. Lessee hereby agrees to indemnify and hold CSS harmless from any and all liability, claims, costs, damages or losses resulting from the use or possession of the equipment by Lessee or any third party during the Rental Period.
8. CSS Reserves the right prior to the rental of the Equipment to require Lessee to obtain adequate insurance coverage for the replacement value of the Equipment and for any injuries to person or property resulting from the use or possession of the Equipment during the Rental Period and to submit evidence of such insurance to CSS. CSS may require Lessee to name CSS as an additional named insured under any insurance policies obtained pursuant to this paragraph.
9. CSS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION AS TO THE EQUIPMENT'S PERFORMANCE, DESIGN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
10. Lessee shall maintain the Equipment under its control, supervision, and direction and shall not sublease, pledge, or encumber the Equipment or assign its rights and duties under this agreement to any third party without CSS's prior written consent.
11. Lessee shall not cause the Equipment to be removed from the continental United States without CSS's prior written consent.
12. In the event the Lessee breaches any of the terms, covenants, or conditions set forth herein, or fails to promptly remit to CSS any amount of rent due hereunder, or if any execution, judgment or other writ or process shall be issued in any action or proceeding against Lessee whereby the Equipment may be seized or taken, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted by or against Lessee, or any property of the Lessee, CSS shall have the right to enter the premises where the Equipment is located and retake immediate possession of the equipment, with or without force and with or without notice to the Lessee, without being held liable by Lessee for any damages incurred by Lessee as a result of such seizure. CSS shall not waive or otherwise prejudice any claim for unpaid rental charges or any other claim, which CSS may have against Lessee by taking immediate possession of the Equipment in accordance with this paragraph.
13. During the Rental Period, if deemed necessary by CSS, it shall be permissible for a representative of CSS to enter at reasonable times where the Equipment will be or is believed to be maintained for the purpose of inspecting the Equipment's state and condition.
14. The acceptance of Equipment by CSS upon its return from Lessee shall not waive or prejudice any claim that CSS may have against Lessee.
15. Lessee hereby agrees to pay all reasonable attorneys' fees and costs incurred by CSS in protecting or enforcing CSS's rights under this agreement.
16. No amount paid by Lessee as rent hereunder shall be applied toward any purchase of the Equipment by Lessee.
17. This agreement, and CSS's sales invoice, of which the Lessee has been given a copy, represents the final complete and exclusive expression of this agreement between Lessee and CSS. No terms, warranties, or representations, express or implied, including any and all representations or warranties made by any agent or representative of CSS to Lessee, which are not set forth in this agreement or rental sales invoice, shall be binding upon CSS.
18. This agreement cannot be modified except by the written agreement of both parties.
19. This agreement shall be interpreted under and governed by the laws of the State of Illinois.
