BMD HARDWARE RENTAL AGREEMENT
Last updated: April 1, 2019
The following Hardware Rental Agreement (this“Agreement”) is a binding agreement between you ("Recipient", "Renter" or “You”) and Broadway Media Distribution, Inc. (“BMD”) regarding your access and and use of projectors, screens, hardware, software and/or accessories, including but not limited to other hardware related items ("Products") and Renter assumes the responsibility to read and understand these terms and conditions and must accept this Agreement and make manifest such acceptance. Certain capitalized terms here under, in addition to the general meaning given to them here under, shall be specifically defined in your Order Form as supplied by the Recipient to BMD.
(A) BASIC ORDER FORM TERMS
- The "Organization" shall be the Recipient.
- "Contact Person" shall be an authorized representative of the Organization.
- The "Start Date" shall be the "First Date" of the "Rental Period". The "Last Date" shall be calculated by the "Total Rental Weeks", resulting in a Monday following the First Date.
- The "Projector Option", "Projector Mount Purchase" are both "Products" as included in this Agreement.
BY ACCEPTING THIS AGREEMENT OR ACCESSING OR USING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. NOW THEREFORE in consideration of the mutual covenants herein contained, and other good and valuable consideration, the parties hereto mutually agree as follows:
(B) TERMS AND CONDITIONS
1. ADVANCE RESERVATION: Recipient shall place their Rental Order at least 4 weeks prior to the First Date. A non-refundable $500 deposit is required on all rental units to ensure availability for all customers. Any orders placed less than 4 weeks are subject to an additional fee, increased shipping charges and risk of inventory availability changes.
2. RENTED ITEMS: All Products listed in this Agreement and/or on the Order Form, listed as "Rental Options' are the Rented Items and if selected by the Recipient, the Rented Items require full payment of all associated Rental Fees and costs associated, and the return of Rented Items as required upon completion of the Rental Term. Further, The Renter agrees to keep and maintain the Rented Items during the terms of the rental at their own cost and expense, and shall keep the Rented Items in a good state of repair.
3. RENTAL PERIOD: Rentals are weekly, Monday to Monday. Your Rental Period begins on the first Monday (the “First Date”) and must be delivered to the shipping courier by 12:00 PM PST Monday at the end of your rental dates (the “Return Due Date”). The Products must be returned in their original shipment container, parcel or box(es) to avoid any late fees. If the Products arrive to the Renter more than 24-hours after the expected date of delivery, the total amount due shall be adjusted pro-rata accordingly. For the avoidance of doubt, the First Date shall begin at 5:00 PM of the Renter's time zone or of earlier possession if the Products are delivered at an earlier date.
4. RENTAL GUARANTEE: All rentals are subject to credit approval and must be secured with a valid credit card.
5. LATE RETURNS: If the Rented Products are not scanned by the shipping courier by the Return Due Date of 12:00 PST on the Last Date, late charges are billed to the Renter on a weekly basis for the regular weekly rental cost plus a 10% interest fee for the full period of time until the safe and complete return of the Products. No exceptions.
6. PAYMENT: BMD accepts payment by check or credit/debit. Purchase Fees for hardware and related items (ie. mounts, cables, ties, etc) are due before shipment. All rentals require a credit or debit card on file for any incidental or late charges. If the rental or purchase pricing changes prior to the date of shipment due to market retail pricing or industry inventory availability, which are beyond the control of BMD, Recipient shall be alerted in advance of shipment and shall be granted the right to cancel their order without cancellation fees. Purchase Orders are acceptable as a promise to pay the total Fees, however, the required non-refundable deposit is required to reserve and rental agreement.
7. ACCEPTANCE: The Recipient acknowledges that they will fully inspect the Products within twenty-four (24) hours of delivery and accept the Products in good condition and is functioning properly. If the rented Products are not available due to conditions outside the commercial control of BMD, an alternative “second-best” Product from the listed inventory options shall be delivered and the total amount due shall be adjusted accordingly.
8. RETURNED CHECKS: The Renter will be billed $100.00 for all NSF checks in addition to processing fees applicable.
9. RETURNS and EXCHANGES: No returns exchanges or reimbursements permitted under any circumstance.
10. SHIPPING AND PROCESSING: All rental orders require a round-trip shipping charge, as detailed on the order invoice or quotation, no less than $300 unless approved by BMD in advance of the rental reservation or deposit payment. If the order is submitted less than 4-weeks from the First Date, additional shipping and processing charges shall be due, no less than $195 whereas BMD will alert Recipient of those additional charges by the date of shipment, which may be up-to 24-hours prior to the First Date.
11. ADDITIONAL FEES: Re-delivery due to Renter not being present for delivery or pickup is subject to additional delivery charges of total shipment charges, restocking fee of 10% of the total purchase price and all additional shipment charges for redelivery per the shipping service. The cost(s) associated with the return of Product(s) is the sole responsibility of the Renter. Rented Product(s), Accessories or Cables returned dirty (muddy, etc.), unwrapped, snarled or with tape residue will be subject to a cleaning fee, minimum $25.00 per item. Cleaning fees will be billed to the Renter and paid with the Credit Card supplied in this Agreement.
12. REPLACEMENT: The Renter shall pay full compensation for replacement and/or repair of any Rented Products which is not returned because it is lost or stolen or any products which is damaged and in need of repair to put it into the same condition it was in at the time of rental, normal wear and tear excepted. The invoice for replacement or repair is conclusive as to the amount Renter shall pay for repair or replacement. Rented Products must be returned in the same condition it was obtained in. Recipient shall indemnify and hold harmless BMD from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses which arise out of, relate to or result from any act or omission related to the Products as included in the Agreement. For the avoidance of doubt, any replacement fee and/or repair fee does not constitute ownership of the damaged materials, and BMD shall have no obligation to provide the damaged products to the Recipient upon request or payment.
13. CANCELLATION: No returns, exchanges or reimbursements. Orders cancelled one business day after the Agreement is executed shall be subject to a cancellation charge of $250.00. Cancellation one business day after Agreement execution, is subject up to 100% charge and no refunds shall be given under any circumstances. Cancellations due to acts of God (illness, death, weather, etc) will be charged only actual costs incurred if the purchase or rental is rescheduled within six (6) months.
14. WARRANTY: Though BMD uses its best commercial efforts to ensure that the Products are delivered as advertised, they cannot guarantee the performance of the Products beyond reasonable expectation. Notably, the image output size and brightness may differ unsubstantially from the advertised marketing information, and therefore the Recipient is recommended to use an independent source to verify information provided herein. BMD makes no warranty of any kind regarding the Rented Products, except that BMD shall replace the Product(s) with identical or similar Product if it fails to operate in accordance with the manufacturer’s specifications and operation instructions. Further, Renter acknowledges and agrees that BMD makes no warranty, express or implied, regarding the equipment, including without limitation any warranty or merchantability or fitness for any purpose. BMD's obligation to Renter shall be limited to the repair or replacement of Products which is defective when delivered to Renter, and Renter agrees that this shall be its sole and exclusive remedy against BMD. Any personal injury incurred during the use or while in possession of our equipment is not the responsibility of BMD. BMD is not responsible for malfunctioning or non-functional Product(s), and will do everything within its commercially reasonable power to provide a replacement item, but not all cases are possible, and if the Products are non-functional, Recipient must call or email BMD and speak with a technician or leave a voicemail or email message at the time of use describing the issues to qualify for any consideration of refund or partial refund.
15. INDEMNIFICATION: Upon acceptance by Renter of the Products, Renter agrees to inspect the Products per paragraph 7. All defects or malfunctions must be reported to BMD within that time frame as listed herein above. Recipient shall indemnify BMD and its agents and associates against, and hold BMD harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys fees, arising out of, connected
16. RENTAL USE: It is the Recipient's responsibility to learn how to use, transport, set up, strike the Product(s) at their Performance Venue/Facility. BMD makes available the appropriate stands, mounts or hanging devices for an additional fee. The responsibilities within the Agreement and/or the Product(s) may not be assigned, transferred, pledged, hypotheticated, sublet or lent to anyone without prior written consent of BMD.
17. ALTERATIONS: Renter shall not make any alterations, additions or improvements to the Rented Products without written consent.
18. PROOF OF INSURANCE: Recipient shall have liability insurance no less than $1,000,000 to ensure the full retail value compensation to BMD for any damages or loss of the Products and include the appropriate coverage amount sufficient to cover all liability claims for injuries to others that the Products may cause and shall include the proper insurance to cover any loss incurred as a result to the Rented Products and/or this agreement with BMD The Renter agrees to hold harmless BMD against any claims related; and BMD reserves the right to obtain a copy of the insurance certificate with BMD included as a "also-insured" party.
19. DEFAULT: Upon Renter's default or breach of any provision hereof, or upon the happening of any event expressed in the following paragraph; hereof, BMD shall have, in addition to all legal remedies available to him, the right to take possession of any or all items of Product(s), without demand or notice, wherever the same may be located, without any court order or other process of law and Renter hereby waives any and all damages occasioned by said taking. Further, neither this Agreement nor the Rented Items are assignable or transferable by operation of law, if any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Renter, or if the Renter is adjudged insolvent, or makes any assignment for the benefit of his creditors, of if a writ of attachment or execution is levied on any item or items of the Product(s) and is not released or satisfied within ten (10) days thereafter or if a receiver is appointed in any proceeding or action to which the Renter is a party with authority to take possession or control of any items of the Product(s), BMD shall have and may exercise any one or more of the remedies set forth hereof. This Agreement shall, at the option of the BMD, without notice, immediately terminate and shall not be treated as an asset of Renter after the exercise of said option.
20. RETURN OF PRODUCTS: Renter agrees to return all Products in the same condition as received, reasonable wear and tear excepted. If the Products are not returned in good condition, prorated rental fees continue on a daily basis as determined within this Agreement. BMD or its agents acceptance of the return of the Products is not a waiver by BMD of any claims that it may have against Recipient, including claims for latent damage to the Products. If repairs or replacements are required, Renter agrees to pay all labor, material and shipping charges. Recipient shall pay BMD Full Replacement Value as those amounts are set by BMD at a later date, and for the avoidance of doubt, such payment of additional Replacement Value Fees shall not constitute ownership of the damaged materials.
21. OPERATORS: Unless otherwise mutually agreed in writing, Recipient shall supply and pay all operators of the Products during the Rental Period. All operators shall be competent, hold all licenses and/or permits required by law and be employees of Renter during the Rental Period. Renter shall pay all salary or wages and all other applicable costs and shall provide and pay for all worker’s compensation insurance and pay all payroll taxes required by law and applying to such operators and employees.
22. NO DAMAGES, ASSUMPTION OF RISK: Renter acknowledges there is a risk of losses, injuries or damages arising from or related to the use or transportation of the Products and assumes all risk of such losses, injuries or damages. Renter for itself and its customers releases BMD and its agents from any and all responsibility or liability for such losses, injuries or damages which Licensee or its customers may experience arising from or related to the failure, use, maintenance, storage or transport of the Products.
23. LOCATION: Renter shall not remove the Products from the Shipping Location or Performance Venue as listed on the Order Form without the prior written consent of BMD.
24. ASSIGNMENT: The responsibilities Rental Agreement and/or the Product(s) may not be assigned, transferred, pledged, hypothecated, sublet or lent by Renter to anyone without prior written consent of BMD.
25. APPLICABLE LAW: This Agreement is governed by the laws of the State of New York.
1. COUNTERPARTS: This agreement may be signed in any number of counterparts, each of which is an original and all of which taken together form one single document.
2. CONCLUSION: Recipient assumes the responsibility to read and understand the complete Terms and Conditions of the Agreement and must accept the Agreement and make manifest such acceptance, and agrees that; payment to BMD, acceptance of Delivery or signature below; shall constitute implicit acceptance and execution; and therefore allowing the full enforcement of all terms and conditions contained herein. (a) An executed original of the Agreement shall be returned to BMD. (i) BMD shall be under no obligation to take any action pursuant to the Agreement unless accepted by BMD. (b) The Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties, however, (i) nothing herein shall be construed as consent by BMD for the responsibilities of the Agreement or the License to be assigned, transferred, pledged, hypothecated, sublet or lent by Recipient to anyone without prior written consent of BMD, including; (ii) Recipient shall not pledge or encumber the Products in any way. (c) Except for government agency or institution, including public schools, the Recipient signatory named hereunder, both as individuals, jointly and severally, and as a business or trade name, shall each personally guarantee the faithful performance of the Agreement irrespective of the Recipient name first written above. (d) The Agreement shall be governed by the laws of the State of New York. (e) Recipient’s default or breach of any provision hereof, or upon the happening of any event expressed herein; (i) BMD shall have, in addition to all legal remedies available, the right to take possession of any or all items without demand or notice, without any court order or other process of law and; (ii) Recipient hereby waives any and all damages occasioned by said taking. The Agreement represents the entire agreement between the parties relating to the subject matter hereof, and may not be amended or modified, except by a written agreement signed by all parties hereto. The Recipient, intending to be legally bound, have caused its proper and duly authorized officer to execute and deliver the Agreement and this Acceptance as of the day and year written on the Order Form.