- Upon acceptance, by the client, of verbal and/or written job estimates, and/or acceptance of this agreement by Computer-Rentals.com (CR), the Provider and the Client, the Client hereby voluntarily enters into this agreement and accepts and agrees to the terms and conditions of this rental agreement as stipulated herein. The Client understands that execution of this rental agreement constitutes acceptance of the respective verbal and/or written estimate(s) if provided by Computer-Rentals.com.
- It is understood and agreed that the Client is renting equipment for a specified period of time, and that CR shall provide said equipment on a best effort basis. The term of this agreement shall commence on, and run through, the above referenced contract dates as requested and specified by the Client. The Client's obligation to pay rental charges commence on the contract date, and continue through term completion, or until such time that said equipment is returned or received by CR, satisfactorily, in the condition in which it was received by the Client. All related additional rental charges, exclusive of the contract term and rate, shall continue to accrue at the daily rental rate until satisfactory return or receipt of subject equipment has occurred or a rental contract extension has been granted by CR.
- The Client accepts full financial responsibility for all CR rental equipment, associated rental charges, associated service and/or labor charges, applicable taxes, and any recovery or repair charges incurred in the course of this transaction, as a result of the Client's actions and/or possession and/or use of said equipment.
- "Possession" shall be defined as that period of time, the Client has constructive and/or physical control, and which occurs, beginning at the point of delivery, and continuing until such time subject equipment has been received and acknowledged by CR. The Client is expected, and agrees, to use reasonable care in the possession and/or use of all CR rental equipment and to return said equipment to CR, satisfactorily, in the condition in which it was received by the Client. The Client, while in possession and until such time that said equipment is returned or received and acknowledged by CR, shall bear the entire risk of loss and/or damage to CR rental equipment from any cause(s). The Client further understands and agrees, that, while in possession, said equipment shall not be used by, loaned or subrented to, any third party(ies) to this transaction and that approval of any third party(ies) assignment shall be at the sole discretion of CR. Additionally, said equipment shall not be moved or transported from the rental contract "location of record" without the express consent of Computer-Rentals.com. It is the ultimate and sole responsibility of the client to return, as agreed all CR rental equipment. Delegation of this responsibility, by the Client, to any part(ies),in any way, does not relieve the Client of this responsibility, unless represented in writing, by Computer-Rentals.com.
- Computer-Rentals.com warrants that rental equipment, on a best effort basis, shall be provided, as ordered, to the Clients' satisfaction, in clean, presentable and maintained, working condition. Client or Clients' Agent shall indicate acceptance of all CR equipment received, as represented by their signature on the CR Delivery Order, at the point of delivery.
- The Client understands that CR rental equipment is configured at their request and made "startup ready" for their convenience and agrees to use reasonable care in the use and operation of CR rental equipment, and to notify CR immediately, of any equipment failures or operating problems, so that CR may offer a prioritized response to the problem. The Client understands and agrees that no person(s) or party(ies) are allowed or authorized to, break equipment integrity seals (electronic or physical), perform mechanical work or repair, install / remove any system component(s), otherwise alter in any way, CR rental equipment, without the expressed consent of CR. The Client accepts full responsibility for any and all of these events, should they occur during the Clients' possession.
- CR's prices shall be reflected in their quotes, if one is provided. If no price is agreed to by the parties in advance, the price payable by the client to CR shall be CR's standard rate charge. (Prices are subject to change, bases upon availability and market conditions) All applicable sales and other taxes are the responsibility of the client.
- The Client understands that execution of this agreement constitutes acceptance of the verbal and/or written estimate(s), if provided by Computer-Rentals.com and that payment for product(s) and/or service(s) are due and payable by the Client to Computer-Rentals.com at the time product(s) and/or service(s) are ordered. Unless prior credit arrangements have been granted and/or extended by Computer-Rentals.com, in accordance with company policy, payment is expected in a timely manner. Payment for all product(s) and/or service(s) is expected in full, in US Dollars. Purchase Orders are not considered payment. Payments may be made via Company Checks, Accepted Credit Cards (Amex-MC-Visa), or Bank Wire. (If using Bank Wire methods, please call for ABA Routing Instructions)
- CR seeks to assist all clients with their financial management considerations, however, unless credit arrangements have been granted and/or extended by Computer-Rentals.com, prior to the point of sale, all payment is expected in full at the time the order is placed. All initial orders are to be paid in advance, via Credit Card, company check, bank wire, or C.O.D., subsequent orders may be charged once credit arrangements have been granted by CR. For the convenience of our customers, we accept the following Credit Cards; American Express, MasterCard, and Visa, orders may be placed anytime using your preferred credit card. Credit may be extended, at the sole discretion of Computer-Rentals.com, to clients with a prior CR history that submit an application for credit and that after consideration by CR are approved, based on creditworthiness and other qualifying factors.
- All cancellations on equipment rentals and/or services must be received, no later than 7 business days prior to the execution date of the rental agreement, to avoid paying 50%of the total order. Orders cancelled without the required notification, will be subject to a 100% cancellation charge of the full order charges. Any applicable credits and/or refunds shall be processed as soon as possible, on a best effort basis.
- Any loss or damage to CR rental equipment, regardless of cause(s), while in the possession and/or use of "The Client" shall be the sole and complete responsibility of the Client to repair or replace said loss or damage, or to reimburse CR for any costs or expenses incurred in the act of repair or replacement of said CR rental equipment. This would include, but is not limited to, theft, vandalism, neglect, accident, or any other action that would cause the loss or damage of CR rental equipment.
- The Client while in possession, shall bear the entire risk of loss and/or damage to CR rental equipment from any cause(s), and shall indemnify and hold harmless, CR from any and all claims, liabilities, losses, cost and/or expense arising from the use, possession, operating and/or renting of said equipment.
- CR shall not be liable for any loss or damage of any kind whatsoever, due to delay or failure of performance caused directly or indirectly, by an act of God, strike, lockouts and/or labor disputes of any kind or description, fire, failure of transportation, inability to obtain the services of others, the failure of others to deliver services or facilities, the failure of machinery or equipment, any matter beyond CR's control, malfeasance or nonfeasance by CR's employees, agents, or contractors, and all other causes whatsoever. Further, CR shall not be responsible for direct or indirect damage or loss or any consequential losses of any type or description to the Client, including the necessity of the Client, to obtain additional personnel, facilities, expense or efforts as a result of any delay, defective production, or other problem, whether or not the fault of CR. The provisions hereof constitute the sole and exclusive responsibility of CR regarding the matter set forth herein. There are no warranties, express or implied, of any kind, including warranties of merchantability or fitness for a particular purpose given by CR, its' employees, agents, or contractors in connection with the performance by CR of its' duties pursuant hereto, and the provisions herein are accepted in lieu of all other liability, warranty or guaranty, express or implied, in law or in fact. There are no warranties that extend beyond the express written provisions hereof.
- All rights and remedies at law or equity, or pursuant to provision(s) of this agreement between CR and the Client which CR may be entitled to, shall be cumulative and not exclusive of one another and may be exercised concurrently or separately.
- Any waiver, whether express or implied, or the breach of any item, condition, or provision herein shall not be construed to be a continuing waiver or consent of a subsequent breach on the part of the other part hereto.
- The Client may not assign its' rights or obligations hereunder. CR's rights and obligations hereunder may be assigned by CR, and CR may have the right to subcontract or assign the performance of any or all of its' obligations hereunder. The rights and obligations hereunder shall be inure to the benefit of, and be binding upon the respective heirs, personal representatives, successors, and/or assigns to the parties hereto.
- If any term, provision, covenant, or condition of this agreement is held by a court of competent jurisdiction to be invalid, void, unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
E - Signatures sent / received via facsimile shall be considered as originals, and as such are valid, binding signatures.
- This agreement shall be governed by, and construed in accordance with the laws of the state of Florida. In the event of litigation, the place of venue shall be in the county of Orange, in the state of Florida.
- This agreement shall not be modified or amended by the parties, except by written instrument signed by the parties.
Microsoft End User License Agreement
This computer system contains one or more Microsoft Products which are licensed to Excel Presentation Services. As a sublicense of Excel Presentation Services you are bound by the terms of this Rental Sublicense Agreement.
Microsoft Windows 98 Operating System --------- Microsoft Office 2000 software bundle
Microsoft License Agreement for End Users using a Microsoft Product on a Rental Computer
Microsoft Corporation has licensed the software listed above to Excel Presentation Services, and Excel Presentation Services has sublicensed the use of this software to you on the terms listed below. You will not be able to use this Microsoft software unless you agree to the following terms: