These terms and conditions shall be applicable to any and all sales and/or rentals transacted between Best Audio Visual, Inc. , hereinafter referred to as “Best Audio Visual, Inc.”, and it’s customers and/or clients, hereinafter referred to as “Client’, unless specifically altered by Best Audio Visual, Inc. in writing.
This is a lease of all items to be rented from Best Audio Visual, Inc., herein referred to as equipment. It is not a sale, conditional or otherwise. Unless otherwise specified, rental is day to day. Best Audio Visual, Inc. guarantees all equipment to be operational when it leaves our premises, however it does not warrant or guarantee that the equipment or services being provided will be free of defect, malfunction, or operator error. Further, upon event of equipment malfunctions, renter shall notify Best Audio Visual, Inc. immediately as we cannot be responsible for malfunctions reported after termination of rental. A Best Audio Visual representative will attempt to remedy the problem as soon as possible so that the event is not interrupted. Renter agrees and acknowledges that Best Audio Visual assumes no responsibility or liability for any loss, cost, damage, or injury to persons or property in connection with the event as a result of inoperable equipment or otherwise. Under no circumstances will Best Audio Visual be responsible for any indirect, special, or consequential damage (including, but not limited to, loss of profits, interest, earnings, or use) whether arising in contract or otherwise in connection with the event. Renter shall not service Best Audio Visual, Inc. equipment and is responsible for any and all liability claims brought against renter in the event of malfunctions.
Upon acceptance of equipment (from time of pick up or delivery) until its return to Best Audio Visual, including during time of transit or shipment, the renter shall bear any and all risk of loss and/or damage to the property regardless of whether such loss or damage may have been caused by renter, renters agent, sub renter, shipper, or third party. Renter must keep said equipment in good state of condition and repair. Renter shall be responsible for replacement or repair of any equipment damaged, lost, stolen, missing or broken beyond repair and shall pay to Best Audio Visual the full retail value of the said item(s). In addition, a standard rental fee of a 3-day week or a 12-day rental month shall be incurred for lost rental time until Best Audio Visual, Inc. receives payment in full on account of any of the said article(s) which may be lost, stolen, missing, damaged or broken beyond repair. In the event the Client fails to return said item(s) at the agreed time, or fails to abide by any of the other terms of this contract, Best Audio Visual may repossess said items without notice to the Client, and the Contractor is hereby released from all claims arising there from. All charges are based on the time item/ items are in Clients possession whether in use or not. Best Audio Visual, Inc. is not responsible for damage to premises, accidents or injuries caused directly or indirectly in the use of the items. Additionally, Best Audio Visual, Inc. hereby reserves the right to remove any equipment at its discretion due to inclement weather, including, but not limited to high winds, rains, storms, etc., which may in any way damage said item(s) or which in any way might damage other persons or properties. Client hereby understands and agrees with these terms and conditions and fully understands that in the event of an early removal due to weather conditions that the full amount contracted is still due and payable in full and no sums will be deducted or reduced.
STANDARD PAYMENT TERMS
Best Audio Visual accepts all major credit cards. There is a convenience fee of 2.5% associated with this service. Convenience fee does not apply if payment is made in the form of cash or check. Normal payment terms are 50% deposit required no less than 7 days in advance of load-in, with balance due upon receipt of final invoice. Payment terms may differ from standard at Best Audio Visual discretion. Any payment not received within 30 days post event are subject to a late charge of 1.5% invoice price monthly, 18% annually, or the maximum amount allowed by law, whichever is less, until paid in full. Additionally, any payment not received within 30 days post event will result in the forfeiture of any discounts applied to the invoice. Best Audio Visual reserves the right to refuse refund or return on any deposit paid.
In the event Best Audio Visual shall require the services of a collection agency and/or attorney to collect the outstanding balance, Client hereby agrees to pay all reasonable costs and attorney’s fees for the collection of said sums, plus interest at the rate of 18% annually from the due date until the date of actual payment, including any and all bank charges or other costs incurred. Client further agrees that in the event legal proceeding shall be initiated between the parties hereto, venue shall remain in Pinellas County, Florida, and hereby waives transfer of said proceedings to the County in which the crime and/or transaction took place.
Any cancellation of Best Audio Visual, Inc.’s service or performance here under is subject to a cancellation charge. All cancellations shall be in writing and shall not be effective until received by Best Audio Visual, Inc.. A cancellation charge of 25% of equipment and labor is applicable when a confirmation is cancelled with less than 30-days notice. Less than 7-days notice, a cancellation fee of 50% of equipment and labor will be incurred. Larger events may be subject to additional charges. A fee of 100% is applicable to cancellations with less than 48 hours notice. Best Audio Visual, Inc. shall be entitled to receive full payment of all amounts estimated to be due if cancellation is or cannot be made in accordance with the terms herein. Additionally, the Client will reimburse, in full, any direct costs to Best Audio Visual, Inc.. Such costs may include, but are not limited to, shipping costs, airfare, local transportation, and lodging.
Best Audio Visual, Inc. requires all clients to provide a completed certificate of insurance, from the client’s insurance company, naming Best Audio Visual, Inc. as an additional insured on general and auto liability coverages and named loss payee on rented equipment coverage. The amount of such coverage shall be $1,000,000 for liability and rented equipment limit shall be in an amount necessary to replace any and all items listed on the quote, rental contract, or invoice and renter’s rental charges until equipment is repaired or replaced.
The client agrees to indemnify, defend, hold harmless Best Audio Visual against all claims of bodily injury, property damage, copyright, patent or other intellectual property infringement including claims for licenses and royalists as a result of Best Audio Visual use of any and all, without limitation, customer provided materials, recording, transmissions, videos, software, hardware, etc. in connection with this rental. The client shall defend indemnity, and hold harmless Best Audio Visual, its directors, officers, employees, and agents from any and all claims, damages actions, suits, demands judgements, liability, and costs and expenses of any nature whatsoever incurred as a result of negligent acts errors, or omissions on behalf of the client.
Materials will be shipped via the method deemed by Best Audio Visual, Inc. to be most practical. Clients desiring a particular method of shipping, or insurance on a shipment, must make such requests, in advance, in writing.