A. Payment Terms:
Client must pay Deposit in full on or before the date of this Rental Contract. Client must pay Base Rate as increased by any Late Charges, Damages Charges and/or Repair Cost and as reduced by the Deposit, as applicable, within 30 calendar days of the date of the invoice from CPT. If Client does not pay on time CPT may (i) cancel or defer any other rentals Client has with CPT or (ii) increase the Deposit or accelerate amounts due with respect to such rentals Client has with CPT, without liability and without waiving any other remedies CPT may have against Client. Client agrees to pay all CPT collection costs and CPT may charge Client maximum interest allowed by law on all overdue amounts.
B. Usage Limitations:
Restricted Uses: Equipment may not be used for any peer to peer file sharing, Bit Torrent, or any other usage prohibited by law. Excessive Use: means usage in excess of 10GB of data transfer per day. CPT may, at any time and without notice, monitor, restrict, throttle, or block the Equipment’s internet access as a result of any Restricted and/or Excessive use. All users may be disconnected during a restrictive or blocking action as a result of a single user’s actions. CPT is granting Client the right to use the Equipment for the period indicated in the Event Overview in accordance with this Rental Contract. CPT is not granting the Client, and the Client does not have, any other rights, title or interest in the Equipment nor a license to any of the underlying intellectual property related to the Equipment or CPT’s services.
C. Responsible Use:
Internet Service is delivered via various cellular service provider networks. CPT makes no guarantees regarding network signal level, congestion, performance, or availability at your intended use location. CPT encourages Clients to verify presence of cellular service at intended use location and to otherwise determine suitability of the Equipment prior to use. No accommodation will be made and no refunds will be provided as a result of poor or non-existent cellular service. Client will follow safe and appropriate handling, storage, transportation and use of the Equipment and will provide appropriate instructions to employees, contractors and other users of the Equipment prior to use. Client shall promptly inspect Equipment for damage or non-conformance with this Rental Contract. All claims for damage or non-conformance which could reasonably be discoverable in the course of such investigation shall be waived unless Client notifies CPT within 24 hours of receipt of Equipment.
D. Client Responsibilities in the event of equipment loss, damage, or theft:
Client is responsible for the entire “Damage Charge” in the event any portion of the Equipment is not returned to CPT within 5 days of the Equipment Return Date. Client will also be responsible for a Late Charge for each day following the Equipment Return Date that Client has not evidenced drop off through a scanned Drop Off receipt. Client is liable for loss, damage, or theft once the shipment has been released via the shipping carrier to the Client or Client’s representative. Client’s representative is any person present at Client specified shipment destination whom receives shipment. Client will not be refunded its Deposit in the event of Equipment damage. In addition, Client will be responsible for paying the total repair cost (“Repair Cost”) as evaluated by CPT and notified to Client. Maximum charges resulting from Equipment damaged while in Client’s possession will not exceed Damage Charge. Deposit will be returned to client once CPT receives and verifies returning Equipment condition.
CPT’S SOLE WARRANTY IS THAT THE EQUIPMENT, WHEN SHIPPED, WILL MEET CPT’S THEN CURRENT RENTAL SPECIFICATIONS. ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, QUALITY AND PERFORMANCE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES PROVIDED BY STATUTE, COMMON LAW OR OTHERWISE.
F. Limitation of Liability and Force Majeure
CPT assumes no liability for any loss of any kind (tangible or intangible) as a result of service and/or equipment congestion, interruption, error, or failure or as a result of any use of the Equipment. Client’s exclusive remedy for all claims arising out of this Rental Contract is for return of its Deposit for the Equipment which is the subject of such claims. Performance is excused when there is any contingency beyond the reasonable control of Client or CPT which interferes with CPT’s or Client’s production, supply, transportation or consumption practice. During times when performance is excused, all affected Equipment will be eliminated from this Rental Contract without liability, and CPT will allocate its equipment in any manner it deems fair and reasonable. The foregoing shall not relieve Client of its obligation to pay timely and in full any invoice with respect to equipment received by Client.
This Rental Contract is not transferable, delegable, or assignable by either party without prior written consent of the other party. This document constitutes the complete and final agreement between CPT and Client regarding Equipment, and supersedes all prior understandings and agreements, whether written or oral, as to the subject matter herein. This document may be modified only by a written amendment, expressly stated as such, signed by both parties. The rights and obligations under Sections A, B, C, E, F, G and H will survive the cancellation, termination or expiration of this Contract. This Rental Contract will be governed by Maryland law without reference to its principles of conflict of laws. Additionally, CPT and Client hereby submit to the exclusive jurisdiction, for any lawsuit arising out of this Rental Contract, in any State or Federal court in the state of Maryland. The failure of a party to exercise its rights on one occasion, including the obligation to supply Equipment, shall not be deemed to be a waiver of the right to exercise those rights in the future. If any provision of this Rental Contract is declared invalid by any court or government agency, all other provisions shall remain in full force and effect. This Contract may be executed in any number of counterparts, each of which when so executed shall constitute an original, and all of which when taken together shall constitute one and the same original document.
H. Charges and Definitions
Additional Charge PER DAY for Equipment NOT IN FEDEX POSSESSION by close of business on Equipment Return Date (“Late Charge”): $500 Email us a photo or scan of your FedEx Drop off receipt to avoid additional charges – you are still responsible for Equipment and associated rental fees until Equipment is in FedEx’s possession. Possession is verifiable only via a printed drop off receipt. Lost/Damaged Equipment Charge (“Damage Charge”): $25,000