Contrato de locação

KVANT s.r.o.
Pangolin Projector Referral Network, LLC
Rental Agreement

 

Rental Terms and Conditions

This rental agreement (the Agreement) is made between Pangolin Projector Referral Network, LLC (LESSOR) and the party noted on the Rental Invoice (CLIENT). In receiving, and subsequently signing, confirming and or paying for this Rental Invoice, CLIENT agrees to all Rental Terms and Conditions stated below.

Transfer of Rental Goods. Projector Referral Network, LLC will transfer the items listed in this Rental Invoice (the Goods) to CLIENT, to be used as rental systems and accessories.

Rental Period. Rental dates are noted above, in the invoice. The Goods must be returned too and received by Pangolin Projector Referral Network within three days of the dates noted on the invoice. CLIENT will incur additional charges via subsequent billing if the Goods are not returned at the end of stated rental period. Any extension or modification of rental dates may only be by subsequent Invoice, not by e-mail and not verbally. Any extensions of this rental must be confirmed via Invoice prior to the rental end date specified herein. Meeting the stated return shipment date is imperative, and an additional week shall be billed commencing on the day after stated return date.

Delivery of Goods. The Goods will be deemed in possession of the CLIENT when delivered to the client at the confirmed address noted within the Rental Invoice. Pangolin Projector Referral Network, LLC shall at all times retain ownership and title of the Goods. CLIENT shall give Pangolin Projector Referral Network, LLC immediate notice in the event that any of the Goods are levied upon or is about become liable or is threatened with seizure, and CLIENT shall indemnify Pangolin Projector Referral Network, LLC against all loss and damage caused by such action.

Maintenance and Operation. CLIENT shall not open laser housing for any reason, or tamper with or remove any security seals on the the Goods, except as may be explicitly directed by Pangolin Projector Referral Network, LLC. None of the the Goods in this rental may leave the United States without advanced notice to and written approval of Pangolin Projector Referral Network, LLC. CLIENT assumes and shall bear the entire risk of loss and damage to the the Goods from any and every cause whatsoever including shipment damage. No loss or damage to the the Goods or any part thereof shall impair any obligation of Pangolin Projector Referral Network, LLC under this lease, which shall continue in full force and effect. CLIENT shall pay Pangolin Projector Referral Network, LLC the total sum necessary to replace any of the Goods that are lost, stolen or damaged beyond repair, and Pangolin Projector Referral Network, LLC has the full right to decide if the the Goods can be repaired or if it must be totally replaced. In the event of damage on which repairs can be made, Pangolin Projector Referral Network, LLC shall, at its sole option, either (a) place the same in good repair, condition, and working order; or (b) replace the same with new Goods, and in either decision, CLIENT shall be solely responsible for payment of any and all costs or damages incurred by Pangolin Projector Referral Network, LLC in the full amount. All the Goods used are at client's risk, and client assumes responsibility for same until it is returned to and accepted by Pangolin Projector Referral Network, LLC. CLIENT shall hold Pangolin Projector Referral Network, LLC harmless and indemnifies Pangolin Projector Referral Network, LLC, its officers, successors and assigns from all claims and liability from injury or damage resulting from the use, storage or transport of the the Goods during the period of the CLIENT’s responsibility.

***Lasers will be operated under CLIENT’s Variance unless otherwise agreed.
***COI listed Pangolin Projector Referral Network, LLC as Additional Insured.

Risk of Loss. CLIENT hereby assumes the entire risk of loss and damage to the The Goods from any cause whatsoever including shipping damage. No loss or damage to the The Goods or any part thereof will impair any obligation of CLIENT under this agreement which will continue in full force and effect. In the event of any damage, loss, theft, or destruction, or other casualty affecting any item of the The Goods, CLIENT at the option of Pangolin Projector Referral Network, LLC will (a) place the The Goods in good repair, and working order; or (b) replace the The Goods with similar The Goods in good repair and working order; or, if the The Goods is determined by Pangolin Projector Referral Network, LLC to be lost, stolen or destroyed beyond repair, CLIENT will pay Pangolin Projector Referral Network, LLC the stipulated loss value, as well as all unpaid rental applicable to such item of The Goods.

Payment Schedule. CLIENT is responsible for 100% pre-payment of Rental Invoice, unless otherwise agreed. CLIENT is also responsible for all shipping costs, including any applicable duties, taxes or service fees which may apply. Pangolin Projector Referral Network, LLC may require a security deposit on the the Goods noted in this Rental Invoice. Any security deposit paid by CLIENT is non-fundable.

Title. Title to the Goods will remain with Pangolin Projector Referral Network, LLC, throughout the full term of the rental period.

Inspection. Inspection and acceptance will be made by the CLIENT at the time and place of delivery. In other words, CLIENT shall inspect the Goods immediately upon receipt. Unless CLIENT gives written notice to Pangolin Projector Referral Network, LLC within 24 hours of receipt of the Goods that there is a defect in or other proper objection to the Goods, CLIENT agrees that it shall be conclusively presumed, as between Pangolin Projector Referral Network, LLC and CLIENT, that CLIENT has fully inspected and acknowledged that the Goods are in full compliance with the terms of this agreement.

Claims. The CLIENT's failure to give notice of any claim within 1 day from the date of delivery will constitute an unqualified acceptance of the Goods and a waiver by the CLIENT of all claims with respect to the Goods.

Indemnity: CLIENT shall indemnify Pangolin Projector Referral Network, LLC against, and hold Pangolin Projector Referral Network, LLC harmless from, any and all claims, actions suits, proceedings, costs, expenses, damages, and liabilities, including attorneys’ fees, arising out of, connected with, or resulting from the the Goods or the lease, including without limitation, the manufacture, selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the the Goods. CLIENT shall further indemnify Pangolin Projector Referral Network, LLC, and hold Pangolin Projector Referral Network, LLC harmless from all loss and damage to the the Goods during the rental period. CLIENT recognizes and agrees that included in this indemnity clause, but not by way of limitation, is CLIENT’s assumption of any and all liability for injury: disability and death of workmen and other persons cause by the operation, use, control, handling, or transportation of the the Goods during the Rental Period.

Risk of Loss. Pangolin Projector Referral Network, LLC shall not be responsible for loss or damage to property, material, or the Goods belonging to CLIENT.

Insurance: Until the the Goods are returned to Pangolin Projector Referral Network, LLC or as otherwise herein provided, whether or not this Lease Agreement has terminated as to the The Goods, CLIENT, at its expense, shall maintain: (i) property and casualty insurance insuring the The Goods for its Casualty Loss Value and naming Pangolin Projector Referral Network, LLC and its assigns as the sole loss payee; and (ii) comprehensive public liability and third-party property insurance in such amounts and with such limits as Pangolin Projector Referral Network, LLC may require and naming Pangolin Projector Referral Network, LLC and its assigns as an additional insured. The insurance shall cover the interest of both the Pangolin Projector Referral Network, LLC and CLIENT in the The Goods, or as the case may be, shall protect both the Pangolin Projector Referral Network, LLC and CLIENT in respect to all risks arising out of the condition, delivery, installation, maintenance, use or operation of the The Goods. All such insurance shall provide for thirty (30) days prior written notice to Pangolin Projector Referral Network, LLC of cancellation, restriction, or reduction of coverage. CLIENT hereby irrevocably appoints Pangolin Projector Referral Network, LLC as CLIENT’s attorney-infact to make claim for, receive payment of and execute and endorse all documents, checks or drafts for loss or damage or return premium under any insurance policy issued on the The Goods. Prior to delivery of the The Goods, all policies or certificates of insurance shall be delivered to Pangolin Projector Referral Network, LLC by CLIENT. CLIENT agrees to keep the The Goods insured with an insurance company which is at least “A” rated by A.M. Best. The proceeds of any loss or damage insurance shall be payable to Pangolin Projector Referral Network, LLC, but Pangolin Projector Referral Network, LLC shall remit all such insurance proceeds to CLIENT at such time as CLIENT either (i) provides Pangolin Projector Referral Network, LLC satisfactory proof that the damage has been repaired and the The Goods has been restored to good working order and condition or (ii) pays to Pangolin Projector Referral Network, LLC the Casualty Loss Value. It is understood and agreed that any payments made by CLIENT or its insurance carrier for loss or damage of any kind whatsoever to the The Goods are not made as accelerated rental payments or adjustments of rental, but are made solely as indemnity to Pangolin Projector Referral Network, LLC for loss or damage of its The Goods.

Excuse for Delay or Failure to Perform. Pangolin Projector Referral Network, LLC will not be liable in any way for any delay, non-delivery or default in shipment due to labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of the Pangolin Projector Referral Network, LLC or its suppliers. If Pangolin Projector Referral Network, LLC, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Goods at the time specified, the Pangolin Projector Referral Network, LLC will have the right to terminate this Agreement by notice via email to the CLIENT, which notice will be accompanied by full refund of all sums paid by the CLIENT (with the exception of shipping costs, noted in Section 2) pursuant to this Agreement.

Compliance with Laws/Use of The Goods: CLIENT agrees not to use or allow anyone to use the The Goods for any illegal purpose or in any illegal manner. CLIENT acknowledges that Pangolin Projector Referral Network, LLC has no physical control over the use of the The Goods. CLIENT agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations (including OSHA) which may apply to the use of the The Goods during the rental period. CLIENT further agrees to pay all licenses, fees, permits or taxes arising from his use of the The Goods, including any subsequently determined to be due as a result of an audit. CLIENT shall not permit The Goods to be operated by any person other than CLIENT or CLIENT's duly authorized employee, who has experience and training in the safe and proper use and operation of the The Goods, and is not under the influence of alcohol, intoxicants, narcotics or drugs. CLIENT shall not allow any person to use or operate the The Goods when it is in need of repair or when it is in an unsafe condition or situation; modify, misuse, harm or abuse the The Goods; permit any repairs to the The Goods without Pangolin Projector Referral Network, LLC's written permission; or allow a lien to be placed upon the The Goods. CLIENT agrees to clean and visually inspect the The Goods at least daily and to discontinue use and immediately notify Pangolin Projector Referral Network, LLC when The Goods are found to need repair or maintenance. CLIENT acknowledges that Pangolin Projector Referral Network, LLC has no responsibility to inspect the The Goods while it is in CLIENT's possession. If the The Goods becomes unsafe or requires repair, CLIENT shall discontinue using it and notify Pangolin Projector Referral Network, LLC immediately.

 

IN WITNESS WHEREOF the parties have executed this Rental Agreement on the dates specified on the Rental Invoice.

(the ’LESSOR’)
_____________________________________________________ (the LESSOR)

Justin Perry, C.O.O. - Pangolin Projector Referral Network, LLC

 

(the -‘CLIENT’)
_____________________________________________________ (the CLIENT)

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