.png)
Below is the agreement that will be emailed to you which will need to be signed prior to the rental being processed.
Borrower Responsibilities
This Agreement and the responsibilities as outlined hereunder are not transferable without the written approval of Audio- Technica U.S., Inc.(aka: “Lender”). By executing this Agreement, the Borrower agrees to comply with the terms set forth below:
A. Insurance
During the Loan Period defined below, the Borrower will insure and be responsible for the full cost of replacement of any or all of the equipment that is the subject of this Agreement (“Equipment”) that is damaged, lost, confiscated, or stolen. If the Equipment is lost, confiscated, stolen or damaged, Borrower agrees to promptly notify the Lender.
B. Loan Period
The “Loan Period” will commence on the date the Equipment is shipped to the Borrower and continue until it is returned to the Lender. The rent for the Equipment to be paid by the Borrower to the Lender will be the weekly amount specified above. If the rent is not paid within 30 days of the invoice therefor from the Lender, the Borrower must pay the Lender interest thereon at the rate of 1% per month. The Loan Period may not exceed 30 days without the Lender’s consent.
C. Use/Disclaimer
The Borrower shall inspect the Equipment once it arrives and inform the Lender of any deficiencies therein within 24 hours of receipt. The Borrower shall be responsible for the proper use and deployment of the Equipment. The Borrower shall be responsible for training anyone using the Equipment on the proper use of the Equipment in accordance with any Equipment use procedures. The Equipment is being loaned to the Borrower AS IS and Lender disclaims all representations and warranties associated with the Equipment and any use thereof, including any warranty of merchantability and fitness for a particular purpose. The Borrower may not modify the Equipment without the consent of the Lender.
D. Delivery and Return of Equipment
Title to the Equipment shall remain with Lender. At the end of the Loan Period the Borrower shall be responsible for the safe packaging, proper import, export, shipping and receiving of the Equipment. The Equipment shall be returned within a reasonable amount of time after the Loan Period end date identified at the top of this agreement. Once the Equipment is returned and processed, the rental cost will be processed with the payment on file. If the Equipment is damaged or not returned, the Lender will contact the Borrower to resolve the problem. If not resolved in 48 hours, the full MSRP price of the Equipment will be the responsibility of the Borrower and processed with the payment on file. The Borrower authorizes the Lender to process a credit card charge for any payments due under this Agreement.
The Equipment shall be returned to, and all notices to Lender hereunder will be sent to:
Audio-Technica, US, Inc. Attn: Broadcast Rental Dept 1221 Commerce Drive Stow, OH 44224
E. Maintenance and Repair
During the Loan Period and prior to return, the Borrower agrees to assume all responsibility for maintenance and repair of the Equipment. At the end of the Loan Period the Equipment shall be returned to the Lender in as good a condition as when received by the Borrower, except for reasonable wear and tear.
F. Compliance with Laws
Borrower shall comply with all country, federal, state, county, and municipal laws, ordinances, and regulations, if any, applicable to the transportation and use of the Equipment. Borrower shall secure all local, state and country licenses or permits required to use the Equipment, pay all taxes and fees, and comply with all export laws. It is the Borrower's responsibility to ensure that the Equipment has cleared customs before departing the place or country of use and is in transit to Lender.
G. Indemnification
In consideration for the Equipment loan, the Borrower agrees to indemnify, defend, and hold Lender harmless from any and all damages, losses, claims, causes of actions, expenses and liability of any nature whatsoever associated with its use of the Equipment while under the care, custody, and control of Borrower except to the extent due to the negligence of Lender.
H. Intellectual Property
Any intellectual property developed by the Borrower utilizing the Equipment shall be the property of Borrower.
I. Governing Law and Forum
This Agreement is governed by the laws of the State of Ohio and the exclusive jurisdiction for disputes under this Agreement will be the State or federal courts located in Summit County, Ohio.
J. Assignment or Sublease
Customer may not assign or sublease its interest in this Agreement without the prior written consent of the Lender. This Agreement will be binding upon and inure to the benefit of the heirs, successors and permitted assigns of the parties hereto.
K. Entire Agreement; Modifications
This Agreement constitutes the entire agreement of the parties hereto and no modification hereof will be binding unless in writing
L. Interpretation
Where permitted by the context, each pronoun used in this Agreement includes all genders and both singular and plural, and each noun used in this Agreement includes both singular and plural. The use of the word “including” in this Agreement is exemplary and not exhaustive so that it means including without limitation the items following.
M. Wavier
A party to this Agreement will not be bound by a waiver of any right or remedy that inures to the party’s benefit under this Agreement unless the waiver is in writing signed by the party. A failure by a party to enforce any right or seek any remedy for a breach of this Agreement by the other party does not constitute a waiver of the first party’s right to enforce that right or seek that remedy with respect to that or any other breach. A waiver by a party of a breach of a provision of this Agreement is not a waiver of any subsequent breach.
N. Electronic Signatures
This Agreement may be executed and delivered by electronic means.
I agree to the above responsibilities.................(sign).......
Print Name.....................
Expected Return Date...............