able audio equipment rental terms & conditions
*By using this website or any services provided by ABLE AUDIO LLC you are agreeing to all the terms and conditions listed here.
Term of the Lease ~ Equipment rentals (also referred to as Lease) commence on the date the equipment leaves AA's control and continues until the equipment is returned, unless otherwise agreed in writing by AA, to AA's location from which the rental originated. All equipment shall be returned to AA in the same condition as when delivered to the Client. If the equipment is returned in an un-rentable condition, the rental shall continue until AA is able to restore the equipment to a rentable condition. All items remain the property of AA and under no circumstance shall title pass to the Client. All rented equipment is subject to sale to other parties at any time. If the equipment is sold, AA may elect to trade the rental piece with a comparable unit at no additional expense to the Client.
Rental Fees ~ Rental fees vary with the value of the equipment and the terms of the rental. Prices given are for the time listed and terms listed with this rental agreement. Additional time will be charged at a rate of $100 per hour. If a sound tech or DJ is necessary additional fees will be required. If upon the scheduled setup time we are delayed with set up more than 30 minutes for any reason other than our own, a fee of $50 per hour per worker will be assessed to the Client. Client agrees to pay AA the amount invoiced for the listed equipment and/or services regardless if event is moved or cancelled for any reason including force majeure and/or an Act of God.
Reservations & Payment ~ Reservations are not guaranteed until the non-refundable deposit and signed rental agreement are received by AA. Payments are accepted via cash, check, money order, credit card and via PayPal.com. If paying by check, any remaining balance must be received at least 10 business days prior to event. Checks returned NSF will be charged a $35 fee. DEPOSITS ARE NON-REFUNDABLE. All rental fees are to be paid in advance, unless a charge account has been established with AA. If a security deposit is required Client can pay via credit card or cash. Deposits will be refunded after equipment has been returned and verified to be in working order by AA. Rental charges are earned in advance and are due regardless of actual equipment use, breakdown, downtime or acts of nature (including without limitation rain, snow, etc). A late payment charge equivalent to 10% per month will be imposed on any past due balances. Payments, when made, shall apply first to accrued late or delinquency charges and the remainder shall apply to the rentals due hereunder.
Cancellations ~ Notice of cancellation must be submitted at least fifteen (15) working days in advance of event. Failure to do so will result in a charge for the full rental fee. Cancellations made prior to fifteen (15) working days are accepted for cancellation (Deposits are non-refundable). Weekends & holidays are not considered working days.
Equipment Pick Up & Return ~ If the Client is picking up and maintaining the equipment the Client is required to show a valid government issued I.D. upon pick up with a security deposit based on the value of the equipment being leased. Upon return of equipment by Client, if the equipment is not cleaned and/or if cables are not neatly coiled, the Client will be charged labor costs determined by AA for the cleaning or organizing of the equipment with a $35 minimum. If the equipment is not returned/able to be picked up within the agreed upon time frame Client agrees to pay full rental rates for each day the equipment is late. A valid current Government issued picture ID, along with positive proof of address and phone number are required for all rentals. Clients who will be picking up equipment may be asked to leave a security deposit. This deposit amount will vary depending on the item being rented. A local job site address and phone number will also be required.
Client’s Responsibility ~ It is the Client’s responsibility to ensure that all ordinances, laws and regulations are being followed and that the venue is a secure legal location. It is the Client’s responsibility to ensure that suitable security is in place from arrival to departure. Client bears and assumes all responsibility for loss theft or damage to the equipment. This responsibility begins when the Client takes possession of the equipment (upon delivery by AA or when picked up by Client) and ends when it is returned/picked up and inspected by an AA representative. If any damage or theft occurs while in the Client’s possession Client agrees to pay full market value of the equipment in question. Client is responsible for the actions of the event attendees and is liable for any damage to the equipment or personal injury that may occur. Client is responsible for any taxes, permits, inspections, or fees that may apply, as well as an electrical service(s) that may be required.
Equipment Breakdowns ~ We strive to keep our equipment in top working order at all times. 'Murphy's Law' however says that problems sometimes can and will occur. If you ever have any problems or questions about the items that you rent, please call us right away. Many problems can be solved over the phone. In some cases we may be able to provide a replacement or substitute item. Depending on your circumstances replacement may not be a viable option to be determined by AA.
Extending the length of your rental ~ If you rent an item, and are unable to return it at your scheduled time, please call us as soon as you realize you will need it longer. Since we accept reservations, some items may already be booked for someone else. If AA is waiting to break down the equipment a minimum of $100 per hour will be billed to the Client. Depending on your circumstances you may be liable for an additional day(s) rental fees to be determined by AA.
Outside Events & Weather ~ If the event is outdoors the Client is responsible to make sure that the equipment will be in a safe and dry location. In the event of bad weather that may damage the equipment or create an unsafe environment the Client is to provide a safe and dry location for the equipment. If on the day of the event AA does not feel comfortable with the accommodations provided AA has the right to cancel the rental and the Client is responsible for all rental fees. Any damage incurred due to inclement weather is the sole responsibility of the Client.
Use & Maintenance of Equipment; Inspection; Repairs ~ The Client will use the equipment in the regular course of its business and only for the purpose intended, within equipment’s rated capacity, in a safe manner, and in accordance with all federal, state, local and foreign laws and regulations. The Client also agrees to use and maintain the equipment in accordance with the operator’s manual accompanying the equipment (in the event such manual is provided) and any and all instructions communicated by AA to the Client. The Client shall not make any modification, alteration or addition to the equipment without AA's prior written consent. The Client will keep the equipment in good operating condition and appearance, and return the equipment to AA in as good a condition as when received. THE CLIENT IS SOLEY RESPONSIBLE FOR ALL REPAIRS AND DAMAGE TO THE EQUIPMENT MADE NECESSARY BY ITS USE OF THE EQUIPMENT. The Client will pay for all labor, parts, mechanisms and devices required to repair the equipment, at Client's sole expense, unless otherwise agreed in writing by the parties. The Client will pay for all repair parts and such parts will be Original Equipment Manufacturer (“OEM”). If AA has to replace non-OEM repair parts installed by the Client, all related costs will be at the Client’s sole expense. Cosmetic damage fees will be determined by the severity of the damage inflicted.
Who May Operate The Equipment ~ Only the Client, the Client’s employees, or non-employees approved by the Client in writing may operate the equipment. All operators must be at least 18 years old and be properly qualified to operate the equipment. Use of the equipment by a non-authorized operator will be at Client’s sole risk. If equipment is being operated by other than an AA employee the Client is responsible for ALL damage caused to the equipment regardless of who is operating the equipment. Client bears and assumes all responsibility for damage caused by Disc Jockey(s) use of the equipment.
Equipment Damage ~ The Client shall bear the entire risk of loss, damage, destruction or theft of the equipment from ALL causes whatsoever, including acts of God, whether or not due to the fault of the Client, during the term of the Lease and thereafter until returned to AA. In the event of loss, damage or destruction of any item of equipment, the Client, at its sole expense, and at AA's option, shall (a) repair the equipment, returning it to its previous condition, unless damaged beyond repair, (b) pay AA's cost to repair the equipment (in the case of damage) or (c) pay the full replacement cost of the equipment (in the case of loss or destruction). The intentional dropping of microphones will be billed at a minimum of $150 per instance. The full replacement cost of the microphone may be required at AA's discretion. Clients who return damaged equipment will continue to be billed at the specified rental rate until the equipment is fully repaired / replaced and returned to a rentable condition.
Sale of Equipment ~ All equipment remains the property of AA and is subject to sale to other parties at any time unless the Client has executed an agreement to purchase the equipment from AA. AA’S RENTAL AGREEMENTS DOES NOT PROVIDE THE CLIENT WITH AN OPTION TO PURCHASE THE EQUIPMENT. Any sales agreement for the equipment must be separately agreed upon in writing by both parties. If AA agrees to sell the equipment to the Client, a portion or none of the previously paid rental charges may be applied towards the purchase price of the equipment at AA's discretion. The Client should contact his sales representative for full details on AA's existing policies regarding the purchase of rental equipment.
Default ~ Client is in default of this agreement if Client fails to comply with the terms of this agreement, including but not limited to failing to make payment when due. If Client is in default and AA refers the collection of Client's obligation to an attorney, AA will be entitled to collect from Client attorney's fees in the amount of 25% of the principal and interest owed by Client, plus court costs and/or other collection costs.
Severability ~ You agree that should a court of competent jurisdiction determine and declare that any portion of this contract is void, voidable, or unenforceable, the remaining provisions, whether executed prior or subsequent* to the rental, shall remain in full force and effect.
Additional Terms ~ AA requires a minimum of two hours of setup and breakdown time before and after the event. It is the Client's responsibility that the area be available during these times. Shorter setup / breakdown times usually require additional sound techs on-site with an added fee. Unless otherwise noted, all rentals are for personal use only; equipment may not be sub-rented. No part of this document may be crossed out or modified. This Agreement is guided by and governed by the laws of the State of Louisiana and Orleans Parish shall be the place of jurisdiction. This Agreement is the complete understanding between the parties and supersedes and replaces all previous agreements both written and oral. Terms subject to change without notice. Visit http://www.AbleAudio.com/terms-of-use.html for updated terms.
Client agrees to fully defend and hold harmless AA, it's employees or agents against each and every claim, demand or cause for actions and any and all liability, attorney's fees, costs, expenses, damage, or loss in connection therewith, which may be made or asserted by Client, on account of personal injury or death or property damage caused by or arising out of, or in any way incidental to, or in connection with the performance of AA, except such as may result solely from AA's negligence.
*By using this website or any services provided by ABLE AUDIO LLC you are agreeing to all the terms and conditions listed here.
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