General Terms and Conditions
1.DZ Productions (“DZ”) agrees to rent to the person or entity designated on the pull list (the “Renter”) the equipment (the “Equipment”) upon the terms and conditions set forth herein. Accrued rental prices do not apply against the purchase price of any equipment.
2.During the term of the rental and at all times when the Equipment is in the custody of the Renter, the Renter shall maintain the Equipment in good condition and repair. At the end of the term hereof, the Renter shall, at its cost and expense, deliver and return the Equipment to DZ in good condition and repair, reasonable wear and tear excepted.
3.On rentals of one week or less, DZ is responsible for lamps which fail. If spare lamps are used, the burned out lamps must be returned for credit or the Renter will be charged. On rentals of more than one week, spare lamps must be purchased by the Renter as expendable items.
4.Any rental which is canceled is subject to a cancellation charge equal to the greater of: (a) 50% of the value of the rental, or (b) the full value of any special-order merchandise or rental preparation work if that amount exceeds 50% of the value of the rental.
5.Rentals out before 12:00 noon are due to be returned before 12:00 noon on the date due. Rentals out on or after 12:00 noon are due to be returned before 5:30 p.m. on the date due. An additional day’s rent will apply to any late return.
6.The Renter assumes full responsibility for the Equipment rented and shall indemnify DZ to the extent of the full value of any item of Equipment not returned or returned in a damaged or broken condition, due to any cause whatsoever. Renter shall indemnify DZ for the full rental value for any time lost as a result of Renter’s failure to return equipment or if DZ has to make repairs to broken or damaged Equipment, until replacement Equipment is obtained or the repairs are effected.
7.The Renter shall, at its own cost and expense but for the benefit of DZ, immediately insure the Equipment for its full value against all risk of physical loss including the perils of transportation, with a qualified, reputable insurance company. Renter shall deliver a certificate of insurance to DZ, together with the insurer’s receipt for premiums thereunder. The certificate of insurance shall name DZ as loss payee and shall show a limit of insurance which is not less than the full value of the Equipment. The certificate of insurance shall also name DZ as an additional insured on Renter’s general liability policy with a minimum combined single limit of $1,000,000. Such policy shall also comply with the requirements set forth in paragraphs 9 and 24 below.
8.The Renter shall not remove any Equipment from the address hereinabove set forth without first having notified DZ and having obtained from DZ a written consent to such removal. Rental of all Equipment must be paid for the period of time it is in Renter’s custody and until its return to DZ. No allowance will be made for unused Equipment.
9.Renter assumes all risk in the use and operation of the Equipment and shall be responsible for providing proper safety devices and equipment to safeguard users or operators of the Equipment and for installation of the Equipment in safe and adequate facilities, in order to comply with all applicable laws, regulations and industry standards.
10.If rental of a motor vehicle is required, then the following applies:
a. Renter agrees to provide Auto, Bodily Injury, and Property Damage with a combined single limit of not less than $1,000,000.
b. DZ will be named as an additional insured and loss payee. DZ shall be afforded primary liability coverage, and this primary liability coverage shall not be contributory with any other insurance carried by Renter. Premiums for the liability insurance shall be paid by Renter.
c. Renter shall provide Physical Damage (Comprehensive and Collision) coverage on a blanket basis to any vehicle that DZ may provide to Renter, with a limit of not less than $125,000.
d. This insurance shall remain in full force and effect until the Equipment is returned to DZ.
e. The interests of DZ as a party insured by such insurance policy, shall not be invalidated or otherwise adversely affected by any act or omission, negligent or otherwise, of Renter or Renter’s agents, employees, successors or assigns.
f. No material change reducing the coverage afforded, or cancellation of such policy, shall be effective as to DZ without thirty (30) days prior written notice to DZ.
g. Maximum deductible is $1,000. Renter is responsible for payment of the deductible.
11.DZ DOES NOT ACCEPT RESPONSIBILITY FOR UNSAFE OR UNQUALIFIED DRIVERS HIRED BY RENTER. RENTER ACCEPTS COMPLETE RESPONSIBILITY FOR VERIFICATION OF THE GOOD DRIVING RECORDS OF THE DRIVERS IT HIRES AND THAT THEY HAVE PROPER LICENSE CLASSIFICATION AND SKILLS TO OPERATE THE VEHICLE BEING RENTED.
12.It shall be lawful for the owner of the Equipment, or its agents, at all reasonable times to enter the premises where the Equipment is kept for the purpose of viewing the condition of the Equipment.
13.If the Renter shall default on any of the terms, covenants and conditions herein, or in punctually making any rental or other payment, or if any execution or other writ or process shall be issued in any action or proceeding against the Renter whereby the Equipment may be seized or taken or distrained, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted by or against the Renter or its property, or if the Renter shall enter into any arrangement or composition with its creditors, or in the event that any judgment is obtained against the Renter, then and in any such event, DZ shall have the right to terminate this agreement and to retake immediate possession of said Equipment and, for such purpose, DZ, its agents or employees, may enter upon any premises where said Equipment may be found, and may remove the same therefrom, with or without force and with or without notice of intent to retake the same, all without being liable in any suit, action or other proceeding by the Renter.
14.At such time as DZ may retake possession of the Equipment pursuant to the preceding paragraph, this agreement shall thenceforth terminate without prejudice to any right or claim for arrears of rent, if any, or on account of any preceding breach or breaches of this agreement, or the loss of rental for the balance of the unexpired term herein, or for any other claim that DZ may have against the Renter under this agreement or otherwise.
15.The Renter shall not sublease, lend or otherwise permit the Equipment to be used by any other person or entity, and the Equipment shall at all times remain under the immediate control, supervision and direction of the Renter personally.
16.The equipment is and shall remain at all times the sole and exclusive property of DZ. The Renter shall not remove or cover the tag or nameplate on the Equipment showing ownership by DZ.
17.On all programs of productions covered by this agreement, credit for lighting equipment shall be given to DZ Productions.
18.The Renter hereby grants to DZ the right to terminate this agreement on 24 hours written notice by certified mail or personal service. Upon any such termination, the Renter shall immediately return the Equipment to DZ, at the Renter’s risk and expense, in the same condition as when first rented. DZ shall, upon said receipt and after a reasonable inspection period, refund only the unexpired portion of the rental, less any other charges or expenses provided for herein.
19.The Renter shall pay all reasonable attorney’s fees and costs incurred by DZ in protecting its rights or property under this agreement, or in any action or proceeding against the Renter for a breach of this agreement.
20.The acceptance of the return of the Equipment is neither a waiver by DZ of any claims that it may have against the Renter, nor a waiver of claims for latent or patent damages to the Equipment.
21.The acceptance of any rent or other payment, or any portion thereof, after a default by the Renter shall not be deemed to operate as a waiver of DZ’s right to enforce the payment of rent or other payments herein provided, or to terminate this agreement and recover possession of the Equipment. The failure to insist upon strict compliance with the terms of this agreement, even after a breach of any provision or after default, shall not be construed as a waiver of any of DZ’s rights under this agreement.
22.No term, representation or warranty, express or implied, not herein set forth in writing shall bind DZ.
23.The Renter shall not pledge, mortgage or in any way encumber the Equipment.
24.In all programs of production in connection with which the Equipment shall be used, credit shall be given in the form of “Lighting equipment from DZ Productions.”
25.It is understood and agreed that the rental price does not include any sales or use tax which is to be added to invoices as they become due.
26.The Renter shall indemnify and hold DZ harmless from any and all claims arising out of any violation of any law, rule, regulation or order, and from any and all claims or liabilities for loss, damage or injury to persons or property of whatever kind or nature arising from the use or operation of the Equipment herein rented, or from the negligence or carelessness of the agents or employees of Renter or from Renter’s breach of this Agreement. Renter shall notify DZ promptly of any accident involving the Equipment or Renter’s breach of this agreement. Renter shall obtain contractual liability insurance in connection with this agreement and pursuant to this paragraph, in an amount satisfactory to DZ, and shall furnish a copy of the policy with the premium marked “paid” to DZ.
27.The rental price for the Equipment has been separately stated to the Renter, and DZ shall render periodic statements to the Renter setting forth the rental price. In the event that additional Equipment is rented to Renter or some Equipment is returned to DZ by Renter, the periodic statements from DZ setting forth the rental price will be adjusted accordingly.
28.If a rental term is set forth on the pull list hereof, the Renter may extend the term with the written consent of DZ. The rental price during any extended rental term shall be as is set forth on periodic rental statements from DZ.
29.Payment terms are net 30 days on approved accounts. A service charge of 2% per month will be added to all past due invoices. Lessee is liable for all costs and expenses incurred by DZ productions in enforcing any of the terms of this rental agreement. All rentals shall be paid in full upon delivery unless customer has approved credit with DZ.
30.Customers who do not have approved credit with DZ may be required to provide a down payment on any rental which requires special merchandise or that exceeds $500.00. The down payment shall be equal to 50% of the value of the rental. No rental preparation work shall be done or special order merchandise processed until the down payment is received.
31.By signing this agreement, I authorize DZ to charge my credit card in the event that the equipment is not returned in a timely manner, or that the equipment is returned in damaged condition. Any accrued rental charges, repair or replacement charges, or other reasonable expenses incurred by DZ to terminate this agreement and recover possession of the equipment may also be charged to my credit card.
32.Fines and Expenses: Renter will promptly pay any parking and traffic fines, towing, storage and related costs incurred during the rental. If DZ has to pay any such fine or costs, Renter agrees to reimburse DZ, together with a $25.00 administrative fee.