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U-DJ
Terms and conditions of rental
1.
Subject Matter of the Lease
Equipment shall be rented out only under the terms and conditions
set out below. The following terms and conditions shall be acknowledged
as contractual at the latest upon delivery of the equipment
to its place of use. The subject matter of the contract is constituted
by the equipment detailed in the delivery note.
2. Period Of Rental
The period of rental shall be calculated in days. Days begun
shall be counted in full. The period of rental begins with the
arrival of the equipment at the place of use; it ends when the
equipment picked up from the purchaser’s premises. Should
the return of the equipment to the purchaser be delayed beyond
the period of rental originally agreed, the rent shall be recalculated
accordingly. The minimum period of rental is one day.
3. Delivery and Passage of Risk
Delivery of the equipment shall be affected at the expense of
UD-DJ by means of the lowest-priced mode of transport, unless
U-DJ has expressly stipulated a particular mode of delivery.
The cost of a transport insurance policy taken out at the request
of the U-DJ shall be at the U-DJ’s expense. Passage of
risk shall come into effect at the time of collection or delivery
(delivery note) and end upon return or collection of the rental
equipment by the purchaser.
4. Safeguarding the Equipment
The purchaser undertakes to secure the equipment rented against
loss or damage for a maximum of 24 hours following the end of
the event. The purchaser shall thereafter be liable only for
any loss or damage caused by willful intent or gross negligence.
5. Insurance of the Equipment
In order to protect himself from the consequences of loss or
damage, the purchaser should take out appropriate indemnity
insurance.
6. Use of the Rented Equipment
The rented equipment is the property of U-DJ. The purchaser
must treat all rented equipment with all due care, perform all
duties connected with the possession, use and preservation of
the equipment, and follow U-DJ’s recommendations with
in good repair of the equipment, and purchaser must keep the
equipment in his own direct possession and only use it at the
location delivered at said address. In no way shall the equipment
be removed from delivered premises without notice in write to
U-DJ.
7. Guarantee
The purchaser shall be responsible for ensuring that the rented
equipment is in good working order at the time of the passage
of risk. Any further claims are excluded as follows: should,
at the time of the passage of risk, the equipment rented have
a defect rendering it unsuitable for use in accordance with
the terms of the contract, or reducing its usefulness to an
extent equaling unsuitability for use, U-DJ may either rectify
the defect, exchange the defective equipment or rescind the
contract as he deems fit. The rental shall be reduced accordingly,
proportionate to the time taken to restore good working order.
The purchaser shall only be made liable for damages to U-DJ
while using the hired equipment if and as far as damage to property
was caused intentionally or through gross negligence on the
part of the purchaser or his vicarious agents, and if and as
far as injury to life, body or health was caused at least through
the negligence of the purchaser or his vicarious agents.
8. Liability of the Purchaser
The purchaser shall be liable to U-DJ for all damage arising
out of the improper use of the rented equipment. The purchaser
shall be liable for the accidental loss or accidental damage
of the equipment. In the event of an actual total loss, the
purchaser must indemnify to U-DJ for the replacement value.
9. Rescission of the Contract by the Purchaser
If the purchaser withdraws from the rental contract for reasons
for which U-DJ is not responsible, 30% of the value of the order
will be charged to the purchaser as flat rate damage compensation.
If notice of rescission is given less than 2 days prior to commencement
of hire, 50% of the rent shall be due and payable; than one
day before, the full 100%. The purchaser reserves the right
to prove to the U-DJ that the extent of the loss was smaller.
10. Third-Party Rights
The purchaser shall be liable for all charges, claims and rights
of lien of third parties in connection with the equipment hired.
He is obliged to notify the U-DJ and furnish all necessary documents
without delay if, during the life of the lease, the equipment
is nonetheless taken in execution or in any other way claimed
by third parties. The purchaser shall bear all costs which may
become necessary in order to secure the discontinuation of such
interference by third parties, in so order to secure the discontinuation
of such interference by third parties, in so.
11. Delivery
The agreement of a date for rental is subject to punctual availability
for delivery. Unforeseeable events for which the U-DJ is not
answerable, irrespective of whether they arise with the U-DJ
or one of his suppliers, for example, strike, lockout, damage
resulting from an accident, stoppages, etc., entitle the U-DJ
to rescind the lease or postpone the commencement of the lease
by the duration of the hindrance, whereby the U-DJ is not entitled
to claim for damages.
12.
Return of the Rented Equipment
The purchaser must return the rented equipment to U-DJ upon
expiry of the life of the lease without delay and at his own
expense and risk
13. Late Return
Should the purchaser fail to return the equipment on time, he
must indemnify to U-DJ for all damages incurred as a result.
If the equipment is not returned in proper condition, the purchaser
must pay the full rental for the time required to restore it
to such condition, all further claims for damages of the purchaser
notwithstanding.
13. Provisions
No verbal agreements have been reached. All amendments to the
present lease must be made in writing. Should any individual
provision of the lease be or become void, the validity of the
remaining provisions hereof shall remain unaffected. The place
of performance shall be the Purchaser’s domicile. The
venue for the settlement of disputes for both parties has been
agreed as the nearest local first instance court or first instance
district court within the jurisdiction of which the purchaser’s
domicile falls. Additional provisions are subject to as follows:
a.
Models, prices and delivery terms are subject to modification.
b. You must be 21 years of age or
older to rent from U-DJ. You must have a valid California driver’s
license. Payment in full for the rental, as well as a security
deposit equal to the full purchase price of the rented equipment
must be made by cash or credit card at the time of the rental.
Only one person may sign the contract, pay for, and secure the
rental - and all must be by the same person
c. Rentals are on a "first come,
first served" basis. Rentals are considered "reserved"
ONLY if pre-paid upon booking. Although you may have us "put
you down" for a particular rental without payment, you
may be bumped by a paid reservation at any time. Please note:
Pre-paid reservations are non-refundable inside 2 days of the
rental date. NO EXCEPTIONS under any circumstances. If you have
any questions regarding this policy, please ask.
d. Rentals are picked up NO LATER
than 11:00am if rentals are not ready for pickup at 11:01pm
there WILL BE charged as late. Absolutely, positively NO EXCEPTIONS
or EXCUSES! Don’t even ask. Don’t beg or plead.
Don’t tell us what a great customer you are. Don’t
tell us that you thought we were coming later... Remember: Other
customers are usually waiting for your equipment. If you’re
LATE - they WAIT!
e. Customers must supply their own
batteries for battery operated equipment (eg. wireless mikes,
remotes). Although most rental units will already have a battery
installed, U-DJ makes no warranty that the existing battery
is good.
f. If you have a problem with your
rental during the rental period, please call the 24 hour emergency
tech support hotline at (866) 669-9683. If you do not contact
the hotline at the time of the problem, no refunds will be allowed,
regardless of the problem. NO EXCEPTIONS!
14.
Denial of Service
We reserve the right to refuse rental service to anyone at anytime
where we deem it is in our best interest on the basis of credit,
past history, inexperience of the renter, lack of safety precaution,
or likelihood of abuse. We may also refuse rental service at
any time and our obligation under any contract executed will
be void should we discover that the intended use of the equipment
presents a serious safety hazard and/or violates any federal,
state, or local law.
15. Transfer
Our rental agreement and other service agreements are non-transferable,
and the obligations of the purchaser named in those agreements
may not be transferred to, or assumed by any third party.
16. No sublease
Rented equipment may not be sublet. You may not sublease all
or any part of the equipment, and your responsibility under
this agreement is not transferred to any other lessee U-DJ not
be held to the specifications of; nor be liable for any obligation
created under agreements between you and any third party. Compensation
for our services cannot be contingent upon the satisfaction
of any agreements made between you (renter or general contractor)
and any third party. Persons who rent equipment or contract
services for the purpose of resale, incorporation into larger
offerings, for any agency, or on behalf of any third party,
assume all responsibility for claims or disputes arising form
the resale of those services, or from the failure of any product
or technician to render service with respect to any third party's
standard.
Terms
subject to change without notice.
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