RENTAL
& SERVICE POLICIES RENTAL and AGREEMENT Any individual
or company wishing to rent equipment from SIMPLEPIX DVFILM.NET
or it's entities must fill our application form. This will be
used to determine if the account will be on a net 10-day billing
or a cash and deposit basis. COD accounts must pay for the equipment
when they pick it up, and leave an extra day's rental as rental
deposit. This is in addition to the security deposit. This encourages
prompt returns. If the equipment is returned by 10am on the day
it is due, the rental and security deposits are refunded.
Payment
must be made in cash, check or money order and or special arrangements
made with the owner if credit cards are to be used via PAYPAL
or through or merchant bank processing service. All rentals are
subject to a $125.00 minimum. Purchases do not affect the rental
minimum. Billing accounts must be paid within 10 days. Accounts
in arrears will be subject to interest penalties of 1.5% per month.
The
equipment must be picked up after 3pm on the day prior to the
rental start day and must be returned by 10am on the day after
the last chargeable day. For example, a job working Tuesday and
Wednesday could be picked up by 3pm Monday and returned 10am Thursday
for the 2-day rate. Weekends are charged as 1 day. The customer
is liable for any loss or damage to the equipment other than the
normal wear and tear. These standards are set solely by SIMPLEPIX
DVFILM.NET and it's entities.
The
customer is responsible for insuring all equipment. Renter
must provide an insurance certificate naming SIMPLEPIX DVFILM.NET
as additionally insured for $1,000,000 liabilities and as loss-payee
for the appropriate amount of the new replacement value of the
equipment rented on the miscellaneous equipment endorsement. X_________initial
here.
All
cameras and lens rentals must have insurance with a reputable
and recognized insurance agent. We reserve the right to reject
any insurance certificate if we find there is problem in coverage,
dates covered or the veracity of the information provided or if
the certificate is fraudulant. The customer will be responsible
full replacement value if loss or theft occurs.
The
customer is encouraged to carefully inspect and test the equipment
before accepting it for rental. Any equipment rented From SIMPLEPIX
DVFILM.NET and its entities must not leave the United States.
Equipment that is lost or stolen will be charged rental until
such time that we are notified. At that time the Rental will stop
and replacement charges will be added. Formal terms and conditions
are noted below on this contract. Please red them.
Deposits:
We require a deposit for the FULL NEW REPLACEMENT cost of the
rental equipment. If insurance is used you must leave the amount
of the deductible required by your insurance carrier and copy
of the insurance certificate indicating SIMPLEPIX DVFILM.NET as
the loss payee on the certificate. When a credit card is provided
to secure a deposit and to cover the deductible on an insurance
policy you give SIMPLEPIX DVFILM.NET full approval and authorization
to charge the amount of the deductible and deposit on the card
provided. By agreeing to use your credit card for the deposit
you acknowledge that you have given authorization and that it
will be used to compensate for loss or damage per the rental policy.
X_________initial here.
Cancellation:
We require at least a 24-hour cancellation for all video acquisition
projects and services scheduled in advance. Any deposits are non
refundable if you forfeit the days scheduled for rental of any
equipment. All prices are per day unless specified. A weekend
is charged as one day for all rentals. Services requiring trained
personal are charged on a per day basis unless specified. A week
is charged as three days unless specified. Monthly rates are available
upon request. Prices are subject to change without notice.
Out
Of Town Rentals and Services. When the equipment is shipped
to Simplepix/ DVFILM.NET, the minimum billing is two working days.
Rentals are shipped with airfreight prepaid by the customer on
the day of their choice. The equipment is to be returned via prepaid
airfreight and must be marked for delivery to SIMPLEPIX DVFILM.NET.
We are not responsible for delays caused by the carrier. In the
event such delays, the renter is still responsible for all transportation
and rental charges. If it is critical that the equipment be received
by a certain date, we suggest shipping at least 48 hours in advance.
NOTE:
All equipment is thoroughly tested and operated before shipment.
Air handling can be very hard on equipment and totally out of
our control. In the event of malfunction, the renter is still
responsible for transportation and rental costs.
Insurance.
Renters of the equipment accept full responsibility for any loss
or cost of repairs due to damage while in the renter's possession.
Insurance coverage is the responsibility of the renter. Proof
of adequate coverage for the full replacement value of the equipment
is required prior to rental. If insurance is used you must leave
the amount of the deductible required by your insurance carrier
and copy of the insurance certificate indicating SIMPLEPIX DVFILM.NET
as the loss payee on the certificate.
Loss or Theft. Renters will be charged at the day rate
on equipment that is lost or stolen until Simplepix DVfilm is
reimbursed for the replacement cost. Spare Lamps. There is no
charge for spare lamps provided that burnt out bulbs are returned.
A charge will be made for missing lamps, broken lamps or filaments,
or excessive burn outs. Reservations and Cancellations. Please
call well in advance to reserve services and equipment for future
pick up or projects. We cannot guarantee availability in short
notice. Failure to cancel your order may result in a half-day
charge for rentals and services.
ACH/check
& Credit Card security If
a check is returned for insufficient funds you give SIMPLEPIX/DVFILM.NET
full authorization to use ACH/Check services to deduct from your
bank account the amount due to us if a check is returned for non
sufficient funds. You also give permission for SIMPLEPIX DVFILM.NET
to authorize and charge the credit card on file for the specific
amount of the check returned to us plus a $25.00 return check
fee. If a check is returned using ACH and we are unable to obtain
payment we will promptly refer all outstanding returned checks
to the Los Angeles District Attorney's Bad check Department for
processing and report any oustanding checks to Telecheck. Appropriate
fees and fines (3x amount of check plus legal fees) will be levied
as well as processing charges of $25.00 per returned check. X_________initial
here.
EQUIPMENT
1.)
__________________________________________________________________
2.)___________________________________________________________________
3.)___________________________________________________________________
RENTAL
DAYS (Please be specific , Day. Month and Year)
1.)
__________________________________________________________________
2.)__________________________________________________________________
COST
OF RENTAL
1.)
__________________________________________________________________
2.)__________________________________________________________________
INSURER
1.)
__________________________________________INSURERS DEDUCTIBLE______________________
PLEASE
ATTACH INSURANCE CERTFICATE
RENTAL
DAY RESERVATION DEPOSIT_____________________________________________________________
(non
refundable)
EQUIPMENT
SECURITY DEPOSIT_____________________________________________________________
1.
Lessor, Lessee. The Customer listed on this document under the
heading "Bill To" is hereinafter called "Lessee." SIMPLEPIX DVFILM.NET
, is hereinafter called the Lessor." The Lessee agrees to the
following terms and conditions by virtue of the Lessee's signature,
or the lessee's authorized agent's signature, on the reverse side
of this document. This contract contains the entire agreement
between the two parties hereto.
2.
Activation of term. The Lessee's responsibility for the leased
equipment begins when the Lessee takes possession of the equipment.
Possession begins when the equipment physically leaves the lessor's
place of business, taken either by the Lessee, the Lessee's agent,
common carrier, or the carrier's agent.
3.
Leased Period and Rates. The first rental day of the contract
begins on the date listed on this document. The last rental day
is the day prior to the date on which the equipment is returned,
if the equipment is returned before 10:00AM. Equipment returned
after 10:00AM is subject to an additional day's rental charge.
The amount of the daily rental charges are set forth on the reverse
side of this contract. Weekly rates are extended to reflect a
one week charge, and are used for budgetary purposes only. The
actual number of weeks charged will be for the number of the weeks
the equipment is in the lesseeÕs possession. This period terminates
not on the "Due In" date indicated on the reverse side of the
document, but rather on the date of the equipment's physical return
to the Lessor, indicated by the "Date Returned" on the reverse
side of this document.
4.
Title. At all time during which the equipment in possession of
the Lessee, the sole title, of the ownership and all rights attached
to the ownership to the equipment remains in the name of the Lessor.
5.
Liability of Lessor and Indemnity. Lessor is not liable for any
loss, damage or injury caused by leased equipment. By acceptance
of delivery, Lessee acknowledges having examined the leased equipment
and to have found it to be in good working order, and has ordered,
from the Lessor. The Lessor's liability, if any, for furnishing
the wrong, incomplete, or defective equipment to the Lessee is
limited to a rebate of the rental charged hereunder for such equipment.
6.
The Lessor is sole judge of the equipment in question, and alone
decides if the equipment was wrong, incomplete, or defective.
7.The
Lessee here by indemnifies and holds harmless the Lessor, his
agents and employees, from any claims, including legal fees, that
might arise from the use of the leased equipment, and the Lessee
assumes all liability for any such claims.
8.
Shipments. If the equipment is shipped, no Lessee signature will
be on this document. The Lessee enters into this contractual arrangement
by virtue of the Lessee's verbal and/or written request for said
shipment. The Lessee assumes possession of the equipment and all
risks and expenses for any shipment once the equipment has been
consigned to a carrier, or carriers agent, if not specified by
the Lessee, the Lessor will determine which carrier to use. The
Lessor is not liable in any way for the loss, damage, delay or
costs arising from the shipment.
9.
Loss, Damage, or Theft. The lessee is responsible for any loss,
damage, or theft that might occur to the equipment while it is
in his possession. The Lessee is responsible for the full replacement
cost for any equipment lost, stolen or damaged beyond repair.
Replacement cost is current price for new equipment. In the event
that an item is no longer available as new, the nearest model
of similar equipment, prior to the Lessee's possession, if such
damage is done by the Lessee, or Lessee's agent, during the examination
of the equipment. The Lessee is responsible for having in force
sufficient insurance with an insurance company satisfactory to
the Lessor to cover the current replacement of the equipment,
naming the Lessor as Loss-Payee for miscellaneous equipment, and
Additional Insured for $1,000,000 liability. Any equipment declared
for the Lessee to be lost or stolen will be charged for the full
rental rate until the date on which the Lessor is notified. The
Lessor alone determines whether equipment should be replaced or
repaired. Questions of "normal wear and tear" are determined solely
by the Lessor. All repair costs, including parts, labor and shipping
costs are the responsibility of the Lessee, but all decisions
about who performs the repairs are made by the Lessor. The rental
charges are not applicable towards charges for lost, stolen, or
damaged equipment.
10.
Assignment and Subletting. Lessee will not assign, transfer or
sublet its rights under this lease, and will not pledge, mortgage,
or encumber the leased equipment in any way. The Lessee may not
remove or cover any name plates, tags or serial numbers which
identify the equipment as belonging to the Lessor. The Lessee
will allow only qualified employees or agents to operate the equipment
in the manner for which it is intended.
11.
Unlawful Acts. The lessee will not permit the leased equipment
to used in violation of any federal, state or municipal laws or
regulations, and holds lessor harmless from any fines, penalties
or forfeitures that may result from an unlawful act. If the equipment
for any reason is confiscated by a public authority, the lessee
will be liable for continued rental charges until the equipment
is returned to the lessor.
12.
Bankruptcy and Default. In the event that the Lessee fails to
make payment when due or enters into a state of insolvency, bankruptcy
or receivership, or allows the necessary insurance coverage to
lapse, this lessee will be in default. The lessor may terminate
this lease and repossess the equipment without prior notice to
the lessee or to any receiver, trustee, and assignee for the benefit
of creditors or levying officer.
13.
Right of Entry. The owner or it's agent may lawfully enter at
reasonable times the premises wherein the equipment resides for
the purpose of inspection or repossession without liability for
trespass or damage that may occur upon such entry.
14.
Return of the equipment. The acceptance of the return of leased
equipment is not a waiver of claims the owner may have against
the lessee, nor is it a waiver of claims for latent or patent
damage to the leased equipment.
15.
Warranty. No terms, representation or warranty, expressed or implied,
are binding on the owner unless set forth herein in writing.
16.
Litigation. Any litigation that might arise per this lease will
be held in Los Angeles County, California and lessee consents
in jurisdiction thereof. In the event of any dispute regarding
this lease, the owner has the right for full reimbursement of
attorney's fees and court costs in addition to other recovery.
17.
Past Due accounts. All
past due accounts are subject to a service charge of 1.5% per
month (18% annum )
RENTER
(PLEASE SPELL FULL NAME): ___________________________________________
FINGER PRINT SECURITY
Company
____________________________________________________________________
Person
Responisble for Equipment________________________________________________
DATE
____________________________________________________________________________
SOCIAL
SECURITY NUMBER (required)
____________________________________________________________
DRIVERS
LICENSE NUMBER / PASSPORT NUMBER (please provide photo copy)
(required)
_____________________________________________________________
PERMANENT
HOME ADDRESS & PHONE NUMBER (required)
_____________________________________________________________
WORK
ADDRESS & WORK PHONE NUMBER (required)
_____________________________________________________________
YOUR
CELL PHONE NUMBER (required)
_____________________________________________________________
SIGNATURE
OF RENTER
X____________________________________________________________
PRINT
FULL NAME
_____________________________________________________________
REFERENCES
PHONE NUMBER (you must provide three trade references)
1.____________________________________________________________
2.____________________________________________________________
3.____________________________________________________________
NAME
OF PRODUCER and DIRECTOR OF PROJECT AND PHONE NUMBER
______________________________________________________________
CREDIT
CARD AND ATM CHARGE CARD AUTHORIZATION AND SECURITY
You
herby agree and give permission to SIMPLEPIX/DVFILM.NET to authorize
and/or charge your credit card card provided for securing use
of equipment. You agree and give permission to SIMPLEPIX/DVFILM.NET
to authorize and/or charge your credit card card for any rental
deposits to secure equipment dates or use for payment towards
a rental. Any deposits are non-refundable per the rental agreement.
In the event that any checks written to us for rental payment
are returned unpaid for lack of sufficient funds (NSF) you give
us permission and the right to charge the credit card provided
to cover any amount due to us for an NSF check(s) used to rent
equipment or services provided by SIMPLEPIX/DVFILM.NET. Furthermore
you give us the right to charge an additional $25.00 returned
check fee in the event that any check written to us is returned
unpaid by your bank. Payments using our payment or financing plans
are automatically deducted on the 1st of each month, please see
below for condition set forth in billing and payment of charges
for financing or payment plans. In the event of loss, damage,
theft of equipment as described in the rental agreement, you give
SIMPLEPIX/DVFILM.NET the authority to use these authorized funds
as payment towards the reimbursment of any loss or damage of any
equipment left in your care. You also agree not to file a chargeback
for return of these funds if it is found that the Lessee as described
in this agreement is responsible for such loss as described in
the rental agreement. X_________initial here.
CREDIT
CARD NUMBER AND AUTHORIZATION: (please provide photo copy
of credit card, front and back)
Card
Number________________________________________Expiration Date:
__________________
SIGNATURE________________________________________________________________________
PRINT
____________________________________________________________________________
Credit
Card Billing Address, City and Zip Code:
_______________________________________________________________________
Billing
of Payment Plan Charges. You agree to provide us with accurate
and complete billing information including legal name, address,
telephone number and credit or debit card/billing information,
and to report all changes to this information within 30 days of
the change. You represent that the address you have provided to
us for billing purposes is either your residential or business
street address. You authorize us to verify your creditworthiness
with credit-reporting agencies from time to time. You agree to
timely pay in full all charges for Service under the Agreement,
including regular monthly Service and other charges billed to
your account. Monthly recurring charges are invoiced one billing
cycle in advance and any portion of a monthly billing cycle is
not prorated, but billed as a whole cycle. We may change your
billing cycle at any time. Any taxes, assessments, fees, costs
or charges imposed on us or you as a result of providing the Service
will be added to your charges. If we have agreed that you may
pay for charges with a Card, we will charge the Card, when we
bill for the charges, for all amounts or other obligations incurred
before termination. YOU AGREE THAT YOUR CARD WILL AUTOMATICALLY
BE BILLED BY US EACH MONTH FOR THE DURATION OF YOUR SERVICE UNTIL
THE AGREEMENT IS TERMINATED AS PROVIDED HEREIN. X_________initial
here.
You
also authorize us to charge your Card at or after termination
of Service to pay what you then owe (including, but not limited
to, payment of any early termination or administrative fee). If
you revoke authorization to charge your Card, or if for any reason
your Card issuer does not pay us, we must receive payment from
you on or before the due date, or you will be in default. Except
as prohibited by law, charges, less disputed amounts, must be
paid by the due date. You agree that (a) time is of the essence;
(b) it would be impractical to fix the exact amount of our damages
if you fail to pay promptly; and (c) in the event we do not receive
payment by the due date, your payment is past due and you shall
pay us default interest of the lower of 1.5% per month (or any
portion thereof) of any past due amount until paid, or the highest
amount permitted by law. If you believe you have been incorrectly
charged, you must notify us of such disputed charges within sixty
(60) days from the date the disputed charges are first billed
or you waive your right to dispute those charges. Please contact
DVFILM SIMPLEPIX (323) 350-1802 so that we can review your account.
If you accept a credit to resolve an issue, you agree that the
issue has been resolved. We may require you to describe the dispute
in writing. Any written communications concerning disputed amounts
owed must be sent to: DVFILM SIMPLEPIX, P.O. Box 480311, Los Angeles,
CA 90048. If it is determined that you owe any amount in dispute,
that amount will be added to any current charges and must be paid
by the due date. If we accept late or partial payments or payments
marked "Paid in Full" or similar notations, it will not waive
any of our rights hereunder to collect all amounts that you owe
us nor will it constitute an accord and satisfaction. We may charge
you a fee of $20 or such amount as may be permitted by law for
any Card amount rejected or check returned for insufficient funds.
Signature____________________________