WARNING: The use of false or fictitious identification to obtain the rented item(s) described on the front of this Agreement, or the failure to return the rented item(s) upon the expiration of this Agreement may be considered a theft resulting in criminal prosecution. Your attention is directed to Penal Code of California Section 484. Your attention is also directed to Penal Code Section 476A with regard to bad checks under certain circumstances.
SOLVENCY: Customer represents to Bischoff’s that customer is not insolvent as defined by the Federal Bankruptcy Act or by any other definition, and is able to pay all debts as they become due. Should customer become insolvent or unable to pay debts as they become due, customer agrees to notify Bischoff’s and to return all rented items to Bischoff’s immediately.
RENTAL PERIOD/RATE/PAYMENT: Rental period is as described in rental options. Rental charges begin immediately upon delivery of the item(s) to the location directed by customer or upon item(s) and/or merchandise leaving Bischoff’s premises, whichever happens first. Rental charges end upon return of the item(s) to Bischoff’s premises in an acceptable condition. Bischoff’s may terminate rental at any time and retake the rented item(s) without further notice in case of violation by customer of any term or condition of this Agreement. Customer agrees to pay all charges and costs for the use of the rented item(s) on the return date indicated on this Agreement. Customer shall pay Bischoff’s full compensation for replacement and/or repair of any Item that is not returned because it is lost or stolen or any Item that is damaged and in need of repair. Bischoff’s invoice for replacement or repair is conclusive as to the amount Customer shall pay under this paragraph for repair or replacement. A replacement fee equivalent to the cost and construction of the Item will be charged for destroyed or damaged props. Customer agrees to pay any collection costs and attorney’s fees incurred in collection of this account or of any dispute arising under this Agreement, whether or not a lawsuit is commenced. Late payment charge is 1.5% per month or 18% per annum of unpaid balance. Rental rates are based upon single shift usage (eight hours per day, five days per week), if customer makes greater use of the item(s) it is agreed that the additional usage will be charged for as follows: two shift usage will be charged for at one and one half times regular rate and three shift usage will be charged at twice the regular rental rate. Multiple shift usage and changes in the amount of usage must be agreed upon by Bischoff’s and customer in writing.
COMPLIANCE WITH LAW/USE OF ITEM(S) AND/OR MERCHANDISE: Customer agrees not to use or allow anyone to use the rented item(s) for any illegal purpose or in any illegal manner. Customer acknowledges that Bischoff’s has no physical control over the use of the rented items by Customer. Customer agrees, at his sole expense, to comply with all municipal county, state and federal laws, ordinances and regulations (including O.S.H.A) which may apply to the use of the rented items during the rental period. Customer further agrees to pay all licenses, fees or faces arising from his use of the rented items, including taxes subsequently determined to be due as the result of any audit. Item(s) may not be 3D scanned and/or digitalized without Bischoff’s prior written consent. Item(s) may not be photographed or videoed to be sold or used as stock images.
RETURN OF ITEM(S) MERCHANDISE: Customer agrees to return the item(s) and/or merchandise to Bischoff’s premises during regular business hours upon the return date of this Agreement in as good condition as when received by Customer. If Bischoff’s has agreed to deliver and/or pick up the item(s) Customer shall be liable for damages from the time the item(s) is/are delivered to the Customer and pick up from the Customer. Should rented item become damaged customer agrees to pay for and have Bischoff’s repair items as necessary or pay replacement/destruction costs. If replacement is not possible customer agrees to pay full value as determined by Bischoff’s. DISCLAIMER OF WARRANTIES: Bischoff’s makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation that the rented item(s) and/or merchandise is fit for Customer’s particular intended use, or that if is free of latent defects. Bischoff’s shall not be responsible to Customer or any third party for any loss, damage or injury caused by, resulting from, or in any way attributable to the use of the item(s) and/or merchandise. Bischoff’s shall not be responsible for any defect or failure unknown to Bischoff’s. Customer agrees to defend, indemnify, and hold Bischoff’s, its officers, directors, and employees harmless from and against liabilities, including but not limited to, legal proceedings, claims, expenses, or losses arising from the Customer’s use of the rented item(s). Customer’s sole remedy for any failure is a refund of the pro-rata amount equal to the rental charge, provided that Customer notifies Bischoff’s of such failure immediately and returns the rented item(s) to Bischoff’s premises within 24 hours of such failure.
PURCHASE ORDERS: The use of Customer’s purchase order number on this Agreement is for Customer’s convenience and identification only. This Agreement constitutes the sole agreement between Bischoff’s and Customer and supersedes any purchase order provision whether sent or received prior to or subsequent to this Agreement. Absence of purchase order number shall not constitute grounds for non-payment of charges when Customer has had the right to use the rented item(s)
SUBLETTING/LOCATION OF ITEM(S): Customer agrees not to sublet, loan or assign any of the rented item(s) and/or merchandise. Customer shall not move any rented item(s) from the address at which the Customer represented it was to be used without prior written consent of Bischoff’s.
LICENSE: Customer hereby grants to Bischoff an irrevocable, non-exclusive, worldwide license to reproduce and publicly display any image, video, physical or digital material on Bischoff’s professional website and social media accounts as promotional use after Customer’s public release of such image, video, physical or digital material. Additionally, Bischoff’s may display Customer’s trade name, trademarks and/ or images in its client roster for the purpose of further business development efforts.
DEFAULT: Should Customer in any way fail to observe or comply with any provision of this Agreement, Bischoff’s may exercise any or all of the following remedies: (i) Terminate this Agreement; (ii) Retake possession of the rented item(s); (iii) Declare any outstanding rent or charges due and immediately payable and, if necessary, initiate legal processes to recover monies owed; and (iv) Pursue any other remedies available to Bischoff’s. (Exercise of any remedy available to Bischoff’s shall not constitute an election of remedies or waiver of any additional remedies to which Bischoff’s may be entitled to1.)
JOB INFORMATION: Customer shall provide Bischoff’s the correct information necessary to file a preliminary notice as provided for in the California Civil Code, Sections 8097, 8098. Customer also grants Bischoff’s permission to contact owners, prime contractors, financial institutions and any persons necessary to obtain this information.
TERMS/PERSONAL GUARANTEE: Customer agrees that accounts are due on the date of purchase or rental. Customer also agrees to pay interest at a rate of 1.5% or 18% annually on items past due, on monthly statement.
NOTICE OF NON WAIVER/SEVERABILITY/GOVERNING LAW: Any failure of Bischoff’s to insist upon strict performance by Customer in regards any provision of this Agreement shall not be interpreted as a waiver of Bischoff’s right to demand strict compliance with all other provisions of this Agreement shall be severable so that the un-enforceability, invalidity or waiver of any provision shall not affect any other provision. This Agreement shall be governed by, and construed in accordance with the laws of the state of California, without regard to the conflict of laws, rules thereof.