Lessee is hereby identified on the Rental Form as Customer and Lessor is hereby identified as Catalyst Lighting Chicago LLC. Lessee acknowledges inspection and receipt in good condition of the equipment listed on the Rental Form hereof (the "Equipment") and receipt of a copy of this rental contract and accepts all conditions herein stated.
Lessee will have the opportunity to test and/or inspect the Equipment in order to determine it is in good working order and free from defects. It is the responsibility of the Lessee to notify Lessor of any defective or inoperable equipment before the Equipment is relinquished to the Lessee. Unless the Lessee notifies the Lessor of any defects, the Equipment is deemed in good working order by the Lessee. The Lessor gives no warranty or guarantee as to the condition, quality or any other matter of the Equipment and will in no way be responsible for damages arising in connection with Lessee's possession and/or use of the Equipment.
Lessee shall be responsible for the transportation to and from any location and any costs incurred during transit of the Equipment. Lessee assumes all risk of loss from the moment the Equipment leaves the rental facility until the Equipment is returned, in good working order, to the facility. Delivery of the Equipment may be arranged before the rental commences under terms set forth by Lessor. Lessee still assumes all responsibility while Equipment in is transit even if it is being delivered by Lessor.
Lessee shall permit the use of the Equipment only by qualified technicians. Lessee is responsible for keeping equipment in his/her sole custody and maintain the Equipment in safe working order. Lessee shall not attempt to make any repairs and shall notify Lessor of any inoperable equipment immediately. Lessee shall not use the Equipment in any manner other than intended by the manufacturer as well as in violation of any laws.
In the event the Lessee returns the Equipment in a damaged or destroyed condition, or if any item is not returned for any reason, Lessee must immediately pay to Lessor, the replacement value (without deduction for depreciation or obsolescence) of such item. If any item is returned in a repairable condition the Lessee will pay to Lessor the amount for the repairs as determined by Lessor. Payments for a destroyed or a repairable item will include any sales tax or shipping charges incurred while repairing or replacing the item. In determining whether equipment cannot be replaced or replaced, Lessor's judgment shall be conclusive upon Lessee. When equipment is out of service for repairs or replacement as a result of Lessee, Lessee will compensate Lessor at the daily rental rate for the item while out of service. Such rental charges shall not accrue towards the replacement cost of the item.
The minimum rental period is one day. The Equipment must be returned by the date and time specified on the Rental Form. Failure to return the Equipment by this time will result in additional rental rates specified in Lessor's current published list of rental rates for each day that the Lessee keeps the Equipment after the time specified.
All rental prices are quoted per day. Weeks are quoted as a 3 day week unless otherwise specified. Lessee agrees that all payments will be made by cash, check, or credit (including a 3% transaction fee for credit transactions) at or before the time of rental unless Lessee has an open account with Lessor. If Lessee is on account, all payments must be paid NET 30 Days from date of invoice. If Lessee does not have an open account, a security deposit may be required from Lessee at or before the time of rental to the terms set forth by Lessor.
Lessee agrees that the Lessor is in no way responsible for any liabilities, claims, costs, or expense arising out of the use or procession of the Equipment by the Lessee. Lessee further agrees to indemnify and keep Lessor and Lessor's subsidiaries and their respective officers, directors, employees, and agents free and harmless from any loss, damage, responsibility, or obligation sustained by Lessee, or any person, arising out of the use or possession of the Equipment.
In connection with Lessee's use of the Equipment, Lessee shall obtain and maintain, at the Lessee's sole cost and expense, COMPREHENSIVE GENERAL LIABILITY INSURANCE, including but not limited to liability for bodily injury and personal injury insurance in the amount of ONE MILLION DOLLARS ($1,000,000) and PROPERTY DAMAGE INSURANCE (with a maximum deductible of $1000.00) in the amount equal to the total value of the equipment being rented for each occurrence with an insurance company reasonably satisfactory to the Lessor. The policy shall name Lessor as an ADDITIONAL INSURED/LOSS PAYEE for all liability coverage. Lessor shall not be obligated to relinquish the Equipment to Lessee until Lessee submits the certificate of insurance to the Lessor.
Spare globes are included for each fixture at no additional cost. Lessee agrees to pay for globes which are broken, damaged from misuse, or burned out but not returned. Lessee shall return all burned out, broken, or damaged rental globes to Lessor. This Contract shall be governed by the laws of the State of Illinois, and should any legal proceeding arise out of this Contract, the prevailing party, in addition to any other recovery, shall be entitled to recover all reasonable expenses, including attorneys' fees.
Operating hours are set by appointment only. Lessor cannot guarantee availability other than what was agreed upon by Lessor and Lessee before the Equipment is taken by Lessee. This includes while the Equipment is in the possession of the Lessee.