CONTRACT FOR RENTING OF AUDIO-VISUAL EQUIPMENT
THIS CONTRACT is hereby entered into on this ………………day of …….……………. Two Thousand and ……………………………
BETWEEN
- AV SURPLUS a limited liability company of {address} ………….…… which is in the business of selling and buying all kinds of professional audiovisual gear, renting out the said professional audiovisual gear as well as supplying spare parts for the same. The Company shall hereinafter be referred to as “AV SURPLUS”.
AND
- ……………….. of ………………….(Address) ,who seeks to rent professional audiovisual gear from AV Surplus for an agreed period. This party shall hereinafter be referred to as “THE CLIENT”.
In the course of this contract, both parties to the contract mentioned above have been individually referred to as “Party” and jointly as “Parties”.
NOW THESE TERMS ARE AGREED UPON BY THE PARTIES:
- AV Surplus hereby enters into a contract with the Client herein for the purpose of renting out audiovisual gear to the said Client, in particular ………….
TERM OF THE CONTRACT
- This contract shall run for a period of …………(days/weeks etc) from the date of the execution of this contract until the Client herein returns the audiovisual equipment and fully pays the outstanding amount or until termination of the contract by either party; whichever shall come first.
TERMS AND CONDITIONS
- AV Surplus shall rent out the AV gear to the Client subject to security equivalent or that exceeds the value of the AV gear sought, which shall be deposited with AV Surplus until the entire AV gear is returned to AV Surplus in the same working condition that the said equipment was in at the time of renting it out to the Client.
- The period that AV surplus shall rent out the AV gear to the client shall be clearly set out and agreed upon after which AV Surplus shall release the security to the Client as soon as possible after establishing the state of the AV gear.
- In the event that the Client does not return the AV Gear rented from AV Surplus or does not return the same in good time, the Client shall be deemed to forfeit the security deposited with AV Surplus and AV Surplus shall be at liberty to purchase the same gear with the said security.
- Notwithstanding the above paragraph, if it is in the best interest of AV Surplus to file a lawsuit in a bid to recover the equipment due to its uniqueness or for any other reason, AV Surplus shall have liberty to sue for damages and/or institute criminal proceedings for theft.
- In the event that the Client is willing to return the AV gear in good faith but is held up by circumstances reasonably beyond them at the expected return date, the Client shall communicate effectively to AV Surplus and commit to a new return date which may cost such client an inconvenience fee to AV Surplus.
- In the event the Client returns the AV gear rented from AV Surplus while damaged or not in the same working condition as when it was rented, the Client shall repair the gear at their own expense failure to which their security will be deemed forfeited or such Client shall risk a lawsuit thereof.
LIMITATION OF LAIBILITY
- AV Surplus shall only provide the AV gear but shall not be responsible for what the Client does with the AV gear. As such, the Client herein shall bear full responsibility for their actions.
- If any action is brought against AV Surplus due to the Client’s actions resultant from their use of AV gear rented from AV Surplus, the Client shall defend, indemnify and hold AV Surplus risk free.
PAYMENT
- The Client shall pay AV Surplus a sum of $……….which shall be the rental fee. Such amount will be a one-off payment or shall be payable in ……. installments of $……….. which shall be paid by way of (Cheque, bank transfer …etc).
- Aside from the rental fee, the Client shall deposit security which may be monetary or otherwise with AV Surplus which shall be refundable upon surrendering the AV gear in the condition similar to that of the time of renting.
- As aforementioned, this Contract shall commence upon the date of full execution by all parties and expire when the terms of this contract have lapsed or when the parties shall agree.
BINDING TERMS
- The terms and conditions of this contract shall be binding upon the parties herein and any dispute arising shall solved by ……………………
TERMINATION OF CONTRACT
- Any party shall be at liberty to terminate this contract subject to giving sufficient notice of ……… (days/weeks/months), making all payments on outstanding arrears and making all logical arrangements that are required in the nature of the business the parties herein are engaged in.
ENTIRE AGREEMENT
- This Contract contains the whole agreement and understanding between the parties herein and supersedes all previous contracts (if any) whether written or oral between the parties in respect of such matters.
ADDITIONAL PROVISIONS
- Captions: The titles and headings of the articles, sections and paragraphs of this Contract have been included only for convenience and reference and will not be construed to extend, limit, describe or define the substance of any article, section or paragraph contained herein.
- No Promise or Representation: The parties warrant and represent and do hereby state and represent that they have made no promise or agreement to the other (Not expressed specifically within the Contract) in executing this Contracr. The Parties each separately and expressly warrant that they are not relying upon any statement or representation of any agent of the parties being released hereby. No party has relied upon any agreement or representation not set forth or referenced herein whether the same may be oral or written.
- Applicable Law and Venue: The Parties expressly agree that this Contract is executed and delivered and is intended to be performed in ………………..state the law of the State of ………will govern the validity, construction, enforcement and interpretation of any dispute or actions relating to or arising from this agreement without regard to choice or conflict of law principles.
- Authority: Each party herein warrants and represents that it has full power and authority to enter into this Contract to bind the Parties, that all necessary consents and approvals have been obtained and that no other consent, approval or action is required.
- Counterparts: This Contract may be executed in several counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument representing the Contract.
- Informed Parties: Each of the parties to this Contract separately represents and warrants that before signing this Contract, it has fully informed itself of the terms, contents, conditions and effects of the Contract and in making this Contract, it has had the opportunity to consult with legal counsel of its own choosing. Each Party further warrants that the Contract was executed by it voluntarily and that all statements, representations and agreements contained in the Contract are contractual in nature and not mere recitations of facts.
THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY
IN WITNESS whereof the parties hereto have executed this Contract the day and year hereinabove written.
SIGNED by the parties: )
…………….. ………………. ) _________________ FOR: AV SURPLUS )
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AND )
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(CLIENT’S NAME AND ADDRESS) ) _________________
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WITNESSED BY: – ) ___________________
NAME: )
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ADDRESS:
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