Terms and Conditions
Terms and Conditions
TCS Radio Group (Hereinafter “TCS” or “Lessor”) hereby agrees to rent the equipment described herein (hereinafter “Equipment”) to the undersigned customer (hereinafter”Lessee”) on the term and condition set forth herein, in consideration thereof, Lessee agrees to the following:
The term of this agreement commences on the date and time shown on the attached and expires when the Equipment is returned to the possession of TCS. Rental charges shall be based on all or any part of each twenty-four (24) hour period for which possession of the equipment is retained. Lessee agrees to pay the rental fee stipulated for the period stated. If equipment is kept for a longer period, lessee agrees to pay rental charge at the stated rate unit equipment is returned to TCS.
Lessee agrees that all amounts due for the rental of equipment from TCS Radio is paid by credit card, C.O.D. or approved Payment terms.
3-Late payment charges.
Lessee agrees to pay to TCS a late payment charge at the rate of 2% per month ,or the maximum allowed by law, whichever is less , on all amount more that 10 days past due. Late payment charges are due and payable upon receipt of invoice.
4-Retention of Title.
Lessee understands and agrees the equipment, l eased to the lessee remains the property of TCS, and that the failure by lessee to return said equipment to TCS on the agreed date will result in the incurrence of additional fees.
5- Loss and damage.
Lessee assumes all risk of loss, theft, or destruction of or damage to the equipment and will hold TCS harmless from any and all loss or damage from any and every cause whatsoever. Lessee agrees to pay TCS on demand all cost of repairs or replacement at the current repair or replacement cost of said equipment.
6- Equipment Malfunction.
In the event that the Equipment is not in working order at any time during the lease term, or renewal thereof, lessee shall immediately notify TCS and return the malfunctioning Equipment to TCS for inspection; in which event, TCS may, at its option, substitute other Equipment, cancel that portion of the lease relating to the malfunction Equipment, or cancel the entire lease. Repairs for malfunctioning Equipment shall be charged to Lessee unless TCS, in its sole judgment, determines that the malfunction was not caused by lessee.
7-Limitation of Remedies.
TCS shall not be liable to lessee for any liability, claim, loss, damage (direct or consequential) or expense of any kind of nature caused directly or indirectly by Equipment or any inadequacy thereof for any purpose, or any deficiency or defect (latent or patent) therein, delay in providing or failure to provide any thereof, or any damage interruption or loss of service or use thereof, or any loss of business, or any damage whatsoever and however caused.
TCS shall not , by virtual of having rented the Equipment under this contract be deemed to have made any representation of warranty whether written or oral or expressed or implied, as to the merchantability, fitness (for use or for any particular purpose), design or condition of , or as to the quality of the material or workmanship in the Equipment.
9-Restriction of use.
Equipment may not be loaned or subleased nor taken outside the continental of United State without the express written permission of TCS. Equipment permitted by TCS to leave the continental United State must be registered by Lessee with U.S Customs prior to departure. Any delay in export or import shall be charged as normal rental time until the Equipment is returned to TCS.
10-Compliance with applicable Law.
At all times Lessee will observe and comply with all laws, rules and regulations (FCC or otherwise) relating to the use, possession, and maintenance of the Equipment.
TCS reserves the right to inspect the Equipment at any reasonable time.
The parties agree that the terms of this agreement shall be interpreted in according with the law of the State of California. Lessee agrees that venue of any action to enforce this agreement shall at TCS’s option be either in the county in which the TCS branch leasing the equipment to the lessee is located.
13- Return of Equipment.
On termination or expiration of this agreement, or upon lessee’s default, lessee shall at its own cost and expense, return the equipment to TCS at an address specified by TCS, in the same condition as received, ordinary wear and tear expected.