Terms and Conditions
GENERAL TERMS & CONDITIONS
1.1. COMPANY – GEOEVENT LLC;
1.2. RENTER/CUSTOMER – An individual, or legal entity renting the equipment from GEOEVENT LLC;
1.3. EQUIPMENT – particular rented equipment further agreed, and specified for each and every transaction per final invoice;
1.4. RENT – any agreement where COMPANY agrees to rent the Equipment to the RENTER/CUSTOMER, in accordance to the present General Terms & Conditions, and COMPANY issued invoice;
1.5. TOTAL LOSS – any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment;
1.6. CASUALTY VALUE – means the total replacement value of the Equipment payable by the RENTER/CUSTOMER in case of Total Loss. Total replacement value shall be calculated according to the ‘wholesale replacement value’ of each item rented. The Casualty Value may be less but not more than the original purchase price of the Equipment.
2.1. The COMPANY agrees to rent the Equipment to the RENTER/CUSTOMER, and the RENTER/CUSTOMER agrees to rent the Equipment in accordance with the terms set out in the COMPANY’s General Terms & Conditions, and any additional verbal/written agreements.
2.2. The parties may agree on rental terms of (1) Pick Up – in which case the RENTER/CUSTOMER has the responsibility to pick up and return the Equipment from the COMPANY’s premises as identified on the COMPANY’s website; or (2) Delivery – in which case the COMPANY agrees to deliver the Equipment to the location agreed in writing, and pick up the equipment at the end of the rent from the same location; or (3) Delivery and labor – in which case the parties agree that the COMPANY will deliver, install and dismantle the Equipment at the location agreed in writing by the parties;
2.3. The RENTER/CUSTOMER acknowledges that it is his/her/their responsibility to inspect all Equipment at the time of the pickup. After completing the inspection, if the RENTER/CUSTOMER discovers that any of the items are damaged, not operational, or not in good condition, the RENTER/CUSTOMER will notify the COMPANY of such finding(s) before loading the Equipment into his/her/their vehicle. Once the Equipment is in loaded into the RENTER/CUSTOMER’s vehicle, the Equipment is deemed to be in good condition, not damaged, and fully operational.
2.4. The RENTER/CUSTOMER acknowledges that it is his/her/their responsibility to inspect all Equipment at the time of the delivery. After completing the inspection, if the RENTER/CUSTOMER discovers that any of the items are damaged, not operational, or not in good condition, the RENTER/CUSTOMER will notify the COMPANY of such finding(s) before the COMPANY’s representative(s) departure from the Delivery Address. After the COMPANY’s representative(s) depart(s) the Delivery Address, the Rented Equipment is deemed to be in good condition, not damaged, and fully operational.
3. PURPOSE OF USE
3.1. The RENTER/CUSTOMER is responsible for using the Equipment in a good and careful manner, and for complying with all the manufacturer requirements, guidelines, and recommendations;
3.2. The RENTER/CUSTOMER is responsible for complying with any applicable laws, whether local, state or federal, including and not limited to environmental and copyright law, in respect of the use of the Equipment;
3.3. The RENTER/CUSTOMER shall use the Equipment for the purpose it was designed and agreed on, and in no case for any other purpose;
3.4. Unless otherwise agreed in writing, RENTER/CUSTOMER shall not alter, modify, attach or remover something from the Equipment, if any of this damage the functionality, capability and/or value of the Equipment. If the RENTER/CUSTOMER alters, modifies, or upgrades the Equipment in any way, without prior written consent of the COMPANY, RENTER/CUSTOMER will be obligated to reimburse for the actual costs to bring the Equipment to pre-modification/upgrade condition.
3.5. The RENTER/CUSTOMER shall not loan, sublet or assign the Equipment to third parties.
3.6. The RENTER/CUSTOMER acknowledges that use of the Equipment creates some risk of personal injury to the RENTER/CUSTOMER and third parties, as well as a risk of damage to property. The RENTER/CUSTOMER expressly assumes that risk. The RENTER/CUSTOMER will indemnify and defend the COMPANY from and against any claims for injury or damages arising from the RENTER/CUSTOMER’s use of the Equipment.
4. RENTAL PERIOD, RATES AND PAYMENT
4.1. The Equipment may be rented on a single day, a single week basis and for longer periods. The minimum rental period may not be less than 24 hours. Payment is calculated according to the time the item is in the RENTER/CUSTOMER’s possession, whether or not it is being used.
4.2. Daily charge applies when the Equipment is picked up after 1:00 PM and returned before 1:00 PM of the next day.
4.3. Weekly Charge or Monthly charges apply when the Equipment is returned before 1:00 PM of the first day following the expiration of the rental period.
4.4. The Payment is due before or at the time the Equipment is checked out. The Payment is for the time specified for each and every Agreement, regardless of whether the Equipment is actually used by the RENTER/CUSTOMER.
4.5. The COMPANY accepts payments made by cash, check or major credit or debit cards. Payment amounts less than 500.00 (Five Hundred) US Dollars are only payable by cash, or check. Deposits are required.
4.6. Pricing on the website are based on the pick up rentals. Meaning, the RENTER/CUSTOMER picks up and returns the Equipment to the COMPANY’s premises at the time agreed. Additional fees will apply for delivery and labor.
4.7. The RENTER/CUSTOMER is responsible for all venue related charges, including but not limited to rigging, power, power distribution, security, etc., if applicable.
5. RESERVATION OF EQUIPMENT
5.1. The RENTER/CUSTOMER is responsible to reserve the Equipment availability;
5.2. The Equipment is deemed reserved when the parties agree on the estimate and the deposit is paid to the COMPANY.
5.3. The COMPANY does not guarantee availability of any Equipment unless it is reserved.
6. PARKING RESERVATION
6.1. The RENTER/CUSTOMER is responsible to reserve a parking spot for the COMPANY when the rental includes delivery and/or labor.
6.2. The RENTER/CUSTOMER will be charged for any cost of parking and/or tickets issued to the COMPANY.
7. LATE RETURN, LOSS OR DAMAGE
7.1. The RENTER/CUSTOMER is responsible to return the Equipment in good working order, upon agreed time, and if not returned within twenty-four hours, without prior consent, or court order, the COMPANY may enter upon RENTER/CUSTOMER’S premises to repossess all, or part, of its equipment whenever it deems necessary. The COMPANY may inspect equipment at any time, observe or remove same from any premises.
7.2. The RENTER/CUSTOMER shall not remove the equipment from the agreed location at any time without written authority from the COMPANY.
7.3. If the RENTER/CUSTOMER returns the Equipment to the COMPANY after the agreed time and date, the RENTER/CUSTOMER will pay the COMPANY daily rental charge per day for each and every day or partial day beyond the end of the rental period until the Equipment is returned. The COMPANY can charge this fee directly to the RENTER/CUSTOMER’s credit card on file.
If the Equipment is not returned to the COMPANY within three (3) days after the agreed date specified the COMPANY will deem the Equipment unreturned / Total Loss, and the RENTER/CUSTOMER will be responsible for paying the Casualty Value of the Equipment to the COMPANY. The COMPANY may charge full value of unreturned equipment directly to the RENTER/CUSTOMER’s credit card on file or use any legal remedy available to recover the equipment/money owned.
7.4. The RENTER/CUSTOMER will be responsible for any risk of loss, theft, damage or destruction for any and every cause.
7.5. If the Equipment is lost or damaged, the RENTER/CUSTOMER will be charged for the continued rent payment, until the Equipment is repaired and returned to the COMPANY, if repairable. Prompt notice should be given to the COMPANY upon loss or damage to the Equipment;
7.6. In the event of Total Loss of the Equipment, the RENTER/CUSTOMER is responsible to give prompt notice to the COMPANY and shall pay the Casualty Value of the Equipment.
7.7. The COMPANY is entitled to the business interruption caused by later return, loss or damage of the Equipment. The amount payable for loss of business should be calculated according to the daily rate for each item of the Equipment rented.
7.8. In no event shall the COMPANY’s acceptance of returned equipment be deemed a waiver by the COMPANY of any claims that it may have against the RENTER/CUSTOMER, including, without limitation, any claim for damage to the equipment.
8. TERMINATION OF THE AGREEMENT
8.1. The RENTER/CUSTOMER may terminate the agreement by providing a written notice to the COMPANY at least 48 hours before the check-out time reserved. No refunds will be granted to those cancelling less than 48 hours prior to the event.
8.2. The COMPANY is entitled to the deposit of 30% of the total value of the payment due in case of termination by the RENTER/CUSTOMER 48 hours prior to the event. Upon termination by the RENTER/CUSTOMER less than 48 hours prior the event, the COMPANY is entitled to recover full value of the rental.
8.3. The COMPANY may terminate the agreement by providing a written notice to the RENTER/CUSTOMER.
8.4. The COMPANY may terminate the agreement immediately upon the RENTER/CUSTOMER’s failure to pay the amount due or any other breach of the present agreement.
9. FORCE MAJEURE
The RENTER/CUSTOMER acknowledges that the COMPANY will not be liable for any failure of or delay in the performance of the agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God (including weather), war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
The RENTER/CUSTOMER voluntarily releases and holds harmless the COMPANY, its directors, officers, employees, and agents (hereinafter “Released Parties”), from any and all liability, claims, demands, causes of action for personal injury, property damage, property theft, or wrongful death, the RENTER/CUSTOMER, his/her/their heirs, or representatives may have, arising out of or in connection with the RENTER/CUSTOMER’s use of the Equipment, no matter how such injuries or damages may occur. This release includes claims for personal injury or property damages caused in whole or in part by the negligence of the COMPANY, its directors, officers, employees, contractors, and agents.
The RENTER/CUSTOMER agrees to defend and indemnify the Released Parties from all claims, demands, causes of action, including court costs and attorney’s fees, arising from any proceeding, claim, or lawsuit, arising as a result of, or in any way connected with the rental of the above-referenced equipment.
12. SUCCESSORS AND ASSIGNEES
This agreement binds and benefits the heirs, successors, and assignees of the parties.
The RENTER/CUSTOMER and The COMPANY agree that if any portion of the General Terms & Conditions are held to be unenforceable or invalid, then said part will be struck and all remaining provisions shall remain in full force and effect.
14.1. The Equipment is the property of the COMPANY and will remain the property of the COMPANY.
14.2. General Terms & Conditions will apply to the events when the parties agree, that RENTER/CUSTOMER purchases the Equipment.
15. GOVERNING LAW AND JURISDICTION
15.1. Parties agree that any rental agreement, under the present General Terms & Conditions, shall be governed by the Laws of the State of California and are subject to the jurisdiction of the courts of the State of California.
15.2. The RENTER/CUSTOMER agrees that any costs, claims or attorney’s fees, or liability resulting from or arising out of the use of the herein described equipment, directly or indirectly, will be paid by the RENTER/CUSTOMER regardless of the claimant or claimants who institute the action; RENTER/CUSTOMER further agrees that if the action is instituted to enforce any provision of this agreement he/she/they will pay such sums as the court may fix as court and attorney’s fees.