|RENTAL TERMS and CONDITIONS
TERMS: The rental period begins when equipment arrives at a client's designated location and continues until the return of the equipment to Enviro-Tech. If the equipment is picked up at Enviro-Tech, the rental period begins on that day and continues until the equipment is returned to Enviro-Tech unless other arrangements are made with Enviro-Tech.
SHIPPING and TAXES: All equipment is shipped prepaid, FOB Martinez, CA. The shipping charges will be added to your invoice. The client is also responsible for any and all return shipping costs and for the payment of any Federal, State or Local taxes.
FINANCIAL RESPONSIBILITY: The client assumes all financial responsibility for the loss of any rental equipment obtained through Enviro-Tech. The client is also financially responsible for any and all repairs to rental equipment due to misuse, abuse, or accidental damage. The client also agrees to inspect all rental equipment upon receipt. Should rental equipment fail to operate correctly, or is damaged upon receipt, the client shall notify Enviro-Tech within 24 hours of receipt of equipment in order to remedy the situation.
USE OF EQUIPMENT: The client shall use rental equipment in accordance with all laws and other governmental requirements and the manufacturer's instructions and specifications. The client shall keep the rental equipment free from all liens and encumbrances. The client shall not assign or sublet equipment or allow any alterations, modifications or repairs of any rental equipment by anyone other than Enviro-Tech without prior written consent of Enviro-Tech. All rental equipment is cleaned and calibrated prior to shipment from Enviro-Tech. It is the client's sole responsibility that the integrity of the calibration has been maintained during transit and is in accordance with any work plans or specifications. The client shall bear the entire risk of loss or damage to the equipment from any cause, and shall indemnify and hold Enviro-Tech harmless from any and all litigation, losses, costs and expenses arising out of use, possession, operation or renting of equipment.
RETURN OF EQUIPMENT: Upon completion of use, the client shall return the equipment to Enviro-Tech, Martinez, CA, in substantially the same condition that it was first received. In cases where the instrument is exposed to or coated with toxic chemicals, it is mandatory that Enviro-Tech be notified of the contaminating materials that may be present, and it is the client's responsibility to decontaminate the equipment. Failure to do so will result in additional service charges. The client shall be responsible for any repairs or service necessary to restore damaged equipment including parts and labor. The client shall also be responsible for replacement of any lost or damaged accessories and manuals. The client shall properly pack the equipment for return shipment and shall be responsible for loss or damage caused during the return shipment.
PAYMENT TERMS: All rental invoices are marked NET 30 days. Any rental invoices not paid in full by the due date will be subject to a 1.75% late charge. Clients that do not currently have an account with Enviro-Tech are subject to pay the rental fee in advance by cash, check or credit card. You may also submit a credit application to open up an account.
LIABILITY: In no event will Enviro-Tech be liable for any consequential, incidental, or exemplary damages, including, but not limited to, any loss of profit or revenues, loss of use of any equipment, damage to other equipment, cost of substitute equipment or downtime costs. Enviro-Tech shall not be responsible for loss or damage to a clients business, property, or for injury or death to persons. The client shall indemnify Enviro-Tech and hold it harmless from any claims for any of the foregoing, including associated legal fees and expenses.
AGREEMENT: The above listed terms and conditions are the only terms and conditions under which Enviro-Tech will rent equipment. This agreement may not be altered or modified except in writing and signed by an authorized representative of Enviro-Tech. If any provision in this agreement is held to be invalid or unenforceable, such holding shall not be deemed to render any other provision hereof invalid or unenforceable.