THE FOLLOWING TERMS AND CONDITIONS ARE PART OF THE CONTRACT BETWEEN THE CUSTOMER AND AXIS T dba PROVOST INVESTMENTS.
REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe during use, customer agrees to discontinue use, and notify AXIS T immediately. If available, AXIS T will replace the equipment with similar equipment in good working order. AXIS T shall not be responsible for any incidental or consequential damages to persons or property caused by the delays or otherwise.
HOLD HARMLESS. Customer agrees to assume the risk of and hold AXIS T harmless for any and all damages to persons or property caused during loading, unloading, pick-up, delivery, or by the goods whether used properly or improperly and/or whether such damages arise out of Axis T’s negligence.
INDEMNITY. The customer agrees to indemnify and reimburse Axis T for any and all liabilities to customer, customer’s agents or third parties arising out of the use of goods or a breach of this contract by customer, including those arising from the Axis T rental’s negligence.
TIME OF RETURN NOTICE. Customer’s right to possession terminates on the expiration of the rental period and retention of possession after such time constitutes a material breach of this contract. Time is of the essence in this contract. Any extension must be mutually agreed upon in writing. Customer agrees that AXIS T may enter customer’s property or any location where rental property of AXIS T is located and retake the same without any claim arising against AXIS T for doing so. Customer will be responsible for normal pick-up charges. Failure, refusal or neglect to return the rental property within 48 hours after the agreed rental period has expired, or the presenting of false fictitious or misleading identification to AXIS T shall be considered a gross deviation from the rental contract, and shall constitute prima facie evidence of the intention to commit theft.
MAINTENANCE, CARE, AND INSPECTION. Customer is responsible for normal use of equipment and is responsible for all damages direct or indirect due to lack of care. Furthermore AXIS T shall have the right at any time to enter the premises where equipment is being used or is thought to be located without becoming liable for trespass or fraud and shall be given free access thereto for the purpose of inspection or service of such equipment.
FAULTY EQUIPMENT. Customer must notify AXIS T immediately if equipment does not function properly.
WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS. EITHER EXPRESSED OR IMPLIED. There is no warranty that the equipment is suited for customer’s intended use, or that it is free of defects.
SEVERABILITY. The provisions of this agreement shall be severable so that the invalidity, unenforceable or waiver of any of the provisions shall not affect the remaining provisions.
SUB RENTING AXIS T equipment shall not be sub rented by the customer, nor shall customer assign or transfer any interest in this agreement without the prior written consent of AXIS T.
TIME AND CHARGES. In most situations AXIS T will charge from the time equipment is picked up or delivered until equipment is returned, including Saturdays, Sundays, and Holidays.
DELIVERY. Many items include delivery to our standard delivery areas between the hours of 8:00am-5pm, Monday through Friday. Any deliveries not in that time period will incur a After Hours Charge. AXIS T rental delivery personnel are instructed to neatly place all items in a mutually convenient location upon delivery. To ensure the correct placement of rented items the rental customer is advised to be there and/or provide a planogram of the event. Standard delivery rates include ground floor deliveries to locations at street level that can be accessed by cart or dolly, and do not include hand-carrying items up stairs, across gravel. Etc. Hand-carrying deliveries such as these will incur an additional charge that will depend on the size and weight of the rented item. Standard delivery rates include basic setup and takedown of rental items. Some items have a will-call option. Please see your quoter or invoice for delivery or will call status and any fees. PLEASE NOTE- DEPENDING ON THE VENUE SOME ITEMS ARE UNDELIVERABLE TO CERTAIN AREAS AT THE LOCATION DUE TO WEIGHT AND SIZE RESTRICTIONS. IT IS THE CUSTOMER'S RESPONSIBILITY TO DISCLOSE ALL DELIVERY RESTRICTIONS BEFORE RENTAL DATE.
INSPECTION Customer acknowledges that customer has had an opportunity to personally inspect the equipment, and finds it suitable for customer’s needs, and in good condition, and that customer understands its proper use. Customer further acknowledges customer’s duty to inspect the equipment prior to use and to notify AXIS T of any defects. LOST, DIRTY, OR DAMAGED EQUIPMENT. Customer agrees to pay for any damage to or loss of the goods, as an insurer, regardless of cause, while the goods are out of the possession of AXIS T, reasonable wear and tear excepted. Customer also agrees to pay a cleaning charge for food service equipment returned dirty. Rental charges cannot be applied against the purchase or cost of repair of damaged or lost goods. Equipment damaged beyond repair will be charged for at its Replacement Market Value. The cost of repairs will be borne by the customer, whether performed by AXIST or at AXIS T’s option, by others.
COLLECTION OF COSTS. Should any of the provisions of this agreement require enforcement through legal means the customer agrees to pay all costs including costs of collection, court costs, interest and attorney fees for enforcement of AXIS T’s rights under this contract. When paying by check, customer expressly authorizes merchant to debit customer’s checking account for the amount of any check returned plus any applicable returned check fees.
CREDIT CARD AND BLANK CHECK AUTHORIZATION. Customer, and any person who has signed this Contract, authorizes AXIS T to at any time charge the credit card(s) given in connection with equipment rented or parts, equipment and services purchased. Customer also authorizes AXIS T to submit for deposit any incomplete negotiable instruments, including checks, executed by Customer or any officer, manager, or agent thereof, made out to the order of and given to AXIS T as a deposit toward any amounts due and owing, five (5) days after the end of any rental period if payment in full is not made in another form. Customer expressly authorizes AXIS T to complete the negotiable instrument or check by including thereon any amounts due and owing. These authorizations shall be valid for amounts of ANY FUTURE, ONGOING, RENTALS OR PURCHASES, INCLUDING BUT NOT LIMITED TO, ADDITIONAL BILLING FOR LOST, STOLEN OR DAMAGED RENTAL EQUIPMENT.
DELINQUENT ACCOUNTS. 1.5% per month charged on unpaid balance over 30 days. The individual signing below as or on behalf of the customer: (1) agrees to all of the terms and conditions listed in this rental agreement, (2) acknowledges receipt of the equipment in good working order and, (3) is fully familiar with its operation and use. This contract represents the entire agreement between the Company and Customer, and there are no oral or other representations or agreements not included herein. None of the terms or conditions of this contract may be amended
Notification: Please notify AxisT as soon as a problem occurs with the equipment. Email urgent@axist.com only during emergency situations for which you require on site repairs during a rental.
