SILENCE ACTIVATIONS EQUIPMENT RENTAL AGREEMENT
This Equipment Rental Agreement (this "Agreement" or the "Equipment Rental Agreement") is made and entered into as of (the "Effective Date"), by and between the "Client," and Silence Activations Inc., a Georgia corporation with its principal address at 3710 Longview Drive #1, Atlanta, GA 30341 (the "Company" or "Silence Activations") (each, a "Party" and collectively, the "Parties").
WHEREAS, Client desires to rent certain audio, audiovisual, headphone, music, and related equipment from Company, and Company desires to rent such equipment to Client in accordance with the terms and conditions herein;
Client agrees to rent certain audio, audiovisual, headphone, music, and related equipment (the "Equipment") from Company, as specified in the rental invoice (Exhibit A) and rental Equipment list (Exhibit B).
Client shall pay Company a total rental fee (the "Rental Fee"), including any applicable costs and fees for lost or damaged Equipment, as set forth in the Invoice (Exhibit A). Company shall have no obligation to ship or deliver any Equipment until Client has paid the entire Rental Fee in full, including any applicable Security Deposit.
Client acknowledges and agrees that at Company’s sole discretion, Company may charge Client a refundable security deposit (the “Security Deposit”), based upon the type and quantity of Equipment rented and listed on the Equipment List. In the event Company elects to charge Client a Security Deposit, at Company’s sole discretion, such Security Deposit may be listed on the Invoice, Exhibit A, and the Equipment List, Exhibit B. Company shall return such Security Deposit to Client within five (5) business days from Client’s return of the Equipment. Notwithstanding the foregoing, Company may, at its sole discretion, apply the entire Security Deposit, or any portion thereof, against any damages to the Equipment that are sustained during Client’s rental, use, or possession of the Equipment.
The Parties acknowledge and agree that any Security Deposit required by Company and listed on the Invoice, if any, shall not bear interest during Company’s possession of the Security Deposit. Company shall provide notice to Client of any withholding of any portion of the Security Deposit as a result of damage to the Equipment, prior to any such withholding of the Security Deposit.
A $1000 security deposit hold may be taken on orders over 150 headphones. If the cost of damages or lost Equipment exceeds the Security Deposit, Client agrees to pay the remaining balance within five (5) business days of receiving notice from Company.
Client agrees that Company may charge Client up to $250.00 for each check that is returned for insufficient funds.
Client assumes all risks of loss or damage to the Equipment from delivery to return and agrees to return the Equipment in substantially the same condition.
This Agreement shall commence upon the Effective Date and shall terminate upon Client’s return delivery of the Equipment to Company (the “Term”). Client agrees that Company may terminate this Agreement for any reason prior to the expiration of the Term by providing notice to Client. In the event of Company’s termination of this Agreement by notice, Client shall immediately return all Equipment in its possession to Company, and Company reserves the right to take possession of the Equipment from Client.
Client may terminate this Agreement by providing written notice of such termination to Company at least forty-eight (48) hours prior to Company’s shipment of the Equipment to Client. If Client elects to terminate this Agreement by providing written notice to Company at least forty-eight (48) hours prior to Company’s shipment of the Equipment to Client, all Rental Fees, Security Deposits, and other costs paid by Client to Company prior to the termination shall be non-refundable; however, Company, at its sole discretion, may offer Client a future rental credit up to the value of such previously paid fees, which Client may use for booking a future event or Equipment rental from Company within one (1) year following the date of termination.
Client may not terminate this Agreement following Company’s shipment of the Equipment to Client. Except for any applicable Security Deposit paid by Client, all other fees paid by Client to Company pursuant to this Agreement, including but not limited to, the Rental Fee are non-refundable upon payment. Sections 2, 3, 4, 5, 13, 14, 15, 16, 17, and 22 shall survive the termination of this Agreement.
Client acknowledges and agrees it will use the Equipment in a reasonable, careful, proper manner and comply with all applicable laws and regulations.
Client shall use and maintain the Equipment in good operating condition, allowing for reasonable wear and tear.
Client shall not place any stickers, tape, logos, or other adhesive materials on headphones or any Company Equipment without prior written consent. Unauthorized branding may result in an additional charge per item.
Company shall have the right to inspect the Equipment at any time during Client's normal business hours.
The rental period (the "Rental Period") shall commence upon the delivery of the Equipment to Client and shall end at 11:59 p.m. on the Event Date, as defined and provided by Client on the Equipment Rental Shipping Form (Exhibit "C"). Client agrees that it shall physically return the Equipment to Company on the next business day immediately following the Event Date or ship the Equipment to Company using the prepaid shipping label provided, unless otherwise agreed in writing by both Parties.
If Client fails to physically return or ship the Equipment back to Company on the next business day immediately following the Event Date, Company, at its sole discretion, may charge Client a flat late fee of One Hundred Dollars ($100.00), plus an additional per-headset late fee of Two Dollars ($2.00) per headset per day that Client fails to return or ship the Equipment.
Client shall ensure that all Equipment is packed properly and securely when returning. Any damage incurred during return shipping due to improper packaging shall be the Client’s responsibility. If Equipment is not returned within five (5) business days of the Event Date, Company reserves the right to charge the full replacement cost of the Equipment to the Client’s credit card on file.
Client shall immediately inspect and test each item of Equipment upon delivery and immediately notify Company in writing if either: (1) the Equipment items and quantities do not exactly conform to the Equipment descriptions and quantities listed on the Invoice, Exhibit A; or (2) any piece of the Equipment appears to be broken or not functioning properly.
If Client fails to provide such written notice to Company within two (2) calendar days following delivery of the Equipment to Client or before the Event Date, whichever is sooner, Client will be conclusively presumed to have accepted the Equipment as properly functioning and in conformity with the descriptions and quantities described on the Invoice.
If Client discovers a defect after acceptance, Client is responsible for repair or replacement costs. Company shall not be liable for operational issues caused by Client's lack of technical capability.
Client represents and warrants that all information provided to Company is accurate and agrees to use the Equipment solely for lawful purposes.
In the event that Client either (a) returns any of the Equipment in a damaged or nonfunctioning condition; or (b) loses any of the Equipment, Client shall be fully responsible and liable to Company for the repair or replacement cost of such damaged or lost Equipment at the rates described on the Equipment List, Exhibit B.
At any time following Company’s determination that any of the Equipment has been lost and/or damaged during the Term of this Agreement, Company may, in its sole discretion and without further notice to Client, deduct the entire cost of any lost and/or damaged Equipment from the Security Deposit, if any, and charge the remaining balance of the cost of lost and/or damaged Equipment on Client’s credit card, pursuant to the terms herein and the Credit Card Authorization Form, attached hereto as Exhibit “D” and incorporated herein by reference.
In the event there is no Security Deposit, Company may charge Client’s credit card listed on the Credit Card Authorization Form for the entire cost of any lost or damaged Equipment, based on the rates listed on the Equipment List, and subject to the terms of the Credit Card Authorization Form.
Client agrees to assume all liability for injury, disability, or death arising from the use of the Equipment. Company shall not be liable for any indirect, incidental, special, or consequential damages.
In the event that Client breaches or defaults on any term in this Agreement, Company may take possession of the Equipment and recover associated costs, including legal fees.
Any notice given under this Agreement shall be deemed delivered if sent by hand, certified mail, or electronic mail with confirmation.
Client shall not assign any responsibilities set forth in this Agreement or allow the Equipment to be used by third parties without prior written consent from Company.
This Agreement shall be governed by and construed under the laws of the State of Georgia. Any disputes shall be resolved in Fulton County, Georgia.
The Parties agree that this Agreement may be executed by electronic signature and shall have the same legal effect as a hand-written signature.
This Agreement constitutes the entire agreement between the Parties. Modifications must be in writing and signed by both Parties. If any provision is found invalid, the remaining provisions shall remain in full force and effect.
Headphone Rental Kit
Rental Shipping Details:
(EQUIPMENT ARRIVES 1-2 DAYS BEFORE THE EVENT)*
