Terms and Conditions
All equipment transactions between the parties shall be subject to the following terms and conditions:
Rental Conditions. Customer agrees to all following conditions. Customer is leasing equipment and accessories (herein collectively referred to as Equipment). No sale, conditional or otherwise, applies.
The equipment is described on the reverse side, or in future transactions upon other order documents.
Customer agrees that taking delivery of Equipment in this transaction and in future transactions is an acceptance of all terms in this Agreement in addition to all other price, time, equipment and related lease terms for each and every transaction between the parties.
Term. For each and every transaction, the term of the provision of the Agreement begins on the date of shipment of equipment and shall continue until the equipment is received back to PRG in the condition in which it was accepted.
Acceptance. Customer acknowledges that he has fully inspected and accepted said equipment in good condition and repair.
Payment. The obligation to pay rentals shall commence on the date of shipment of Equipment to Customer for each and every transaction and shall be payable by Customer according to payment terms approved by PRG. If payments are not received on schedule, all discounts may be disqualified. . Past due balances are subject to a service charge of 1-1/2% Per Month (18% Annual Percentage Rate). Payments made by credits cards are subject to a 4% service charge fee
Future Transactions. The terms of this Agreement shall apply to all future transactions between the parties absent provision of a written notice of termination of this Agreement by either party to the other party.
Agency. Both the person executing this Agreement and Customer warrant that the person executing this Agreement holds the authority to bind Customer to this Agreement for this transaction and future transactions and is an authorized agent for the Customer pursuant to all applicable laws.
Labor. Labor is quoted as an estimate. Actual labor charges will be calculated and included with the final invoice. Day rates are based on ten hour days between 7:00 am to 12 midnight. Overtime may be charged at time and a half under any of the following circumstances: 1) work in excess of ten hours in any one day; 2) work in excess of ten hours if there are less than six hours between calls; or 3) work between the hours of 12 midnight and 7 a.m.
Additional Charges. Customer is responsible for any additional union and trade labor required by the venue such as, riggers, stagehands, electricians, carpenters, etc. Any loading, drayage or related fees shall be arranged with the show venue and are the responsibility of the Customer. Customer is responsible for providing any and all equipment needed for installation or dismantle such as forklifts and genie lifts, and for providing all necessary electrical service. PRG maintains no liability for the cost or negligent provision of any and all of the above referenced services.
Alterations. Customer shall not make any alterations, additions or improvement to the equipment without the prior written consent of PRG. PRG property labels shall not be removed from equipment.
Loss Damage. Customer hereby assigns and shall bear the entire responsibility and liability to for the actual cost to repair or replace any equipment which during the period between delivery to the Customer and return to PRG has been lost, stolen or damaged from any cause whatsoever, including but not limited to damage due to water corrosion, unauthorized internal adjustments, unauthorized repairs, rain, humidity, fog machines, burned in images on display devices, willful or neglectful misuse, or fraudulent and dishonest acts. Customer shall indemnify and hold PRG harmless from any and all claims, liabilities, losses, costs and expenses arising from the use, possession, operation or renting of the equipment. Acceptance by PRG of the return of any equipment shall not be deemed a waiver by PRG of any claims which PRG may have against the Customer under this paragraph, including any damages for which the Customer is liable hereunder which is discovered later.
Insurance. Upon request by PRG, Customer agrees to provide a certificate of insurance naming as an additional named Loss Payee. The amount of such coverage shall not be less than the amount necessary to cover the replacement cost of any and all equipment rented, and shall include liability coverage of not less than $1,000,000.
Warranty. Customer acknowledges and agrees that PRG makes no warranty, express or implied, regarding equipment, including without limitation any warranty of merchantability or fitness for any purpose. PRG's obligation to Customer shall be limited to the repair or replacement of equipment which is defective when delivered to Customer and Customer agrees that this shall be its sole and exclusive remedy.
Expenses. Customer shall pay PRG all costs and expenses including attorney's fees and court costs incurred by PRG in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions or provisions hereof.
Cancellation. In the event an order is cancelled after the date of shipment, Customer agrees to pay a minimum cancellation fee of 50% of the Agreement price.
Miscellaneous. This Agreement shall be governed by the internal laws of the State of Georgia, and the rights and obligations of the parties hereunder shall be determined according to such laws. Customer submits to venue and jurisdiction over any dispute related to this Agreement in the Superior Court of Fulton County, Georgia. This Agreement shall constitute the entire Agreement between PRG and the Customer with respect to the rental of equipment and may not be modified without a writing signed by both the Customer and an authorized representative of PRG. The person signing this Agreement warrants that such individual has been duly authorized to execute this Agreement and to bind the Customer to PRG's terms and conditions for this and all future transactions.