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Terms and Conditions
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Conditions and submit your e-signature at the bottom of this form.
TERMS AND CONDITIONS
These terms and conditions form part of the rental contract (the “Rental
Contract”) between you and A.C., Inc./ARMANDA COSTANZA, INC. the rental
company (“the Rental Company”), and apply to all the equipment and/or
vehicles (the “Equipment”) rented by you. These terms and conditions
constitute additional provisions of, and guides to interpretation of the
Rental Contract. In the event of a conflict between these terms and
conditions hereof and the Rental Contract, the terms of the Rental
Contract shall prevail.
PRE-PRODUCTION – TESTING THE EQUIPMENT
You will always have an opportunity to test and examine
the Equipment to determine that the Equipment is in good working order.
The equipment may be tested at the rental facility, on location, or at
another place. You are considered to have taken deliver of the equipment
when your camera is picked up by the agent you have hired to deliver you
camera to the location of your production. You are responsible for any
damage you cause to equipment, property, person's, during testing. After
completing your test you must notify the Rental Company of any defective
or inoperable equipment immediately upon discovering the defect. Unless
you notify the Rental Company of a defect or problem with the equipment
supplied, you agree that the Equipment is in good working order and that
the Equipment is acceptable to you.
TRANSPORTING EQUIPMENT – PICK UP AND DELIVERY
You must pick up and return the equipment at the rental facility, during
business hours. If you do not pick up and/or return the equipment at the
rental facility you are responsible for the transportation to and/or from
the location of the equipment. At your request and expense, the Rental
Company may arrange shipment of the Equipment to your designated location.
You are responsible for all costs (transportation charges, taxes, duties,
broker fees, bonds, insurance and any other
costs) incurred during transit. The Rental Company is not responsible for
shipping delays once the Equipment is delivered to your carries. The
Rental Company will not accept collect shipments from you.
EQUIPMENT RISK OR LOSS
You assume all risk of the equipment you have rented.
Once you have taken delivery of the Equipment your responsibility
includes, but is not limited to , risks while in transit, at all locations
named and unnamed, at all studios, while on your own premises and while in
use, or storage on the rental facility’s premises. Your responsibility
ends when the equipment arrives at the rental facility.
Equipment will not be deemed to have been returned until all of the
following conditions have been met.
(1) Property has been brought back to the premises during normal business
(2) An inventory has been completed and a missing and damaged list has
been compiled, if needed, and
(3) The term of the Rental Contract has expired.
YOU ARE RESPONSIBLE FOR ALL EQUIPMENT THAT YOU HAVE TAKEN
POSSESSION OF OR HAVE RENTED FROM ARMANDA COSTANZA INC. ANY ADDITIONAL SUB
RENTALS YOU HAVE PICKED UP AND TAKEN POSSESSION OF FROM ARMANDA COSTANZA
INC ARE YOUR RESPONSIBILITY.
You are responsible for all equipment (including but not
limited to cameras, props, sets and wardrobe) which is picked up
by the Rental Company for your ultimate use. The Rental Company shall be
acting as your agent in storing any such
property which belongs to third parties. All risks of physical loss to
property which is transported or stored by the Rental
Company for your benefit shall remain your responsibility.
EQUIPMENT CAN ONLY BE USED BY QUALIFIED TECHNICIANS.
The Equipment may be used only by your duly qualified employees or agents
and in strict accordance with the use contemplated in the Rental Contract.
You shall keep the Equipment in your sole custody and shall not permit the
Equipment to be used in violation of any laws.
NO SUBLEASING IS PERMITTED.
You may not sublease all or any part of the Equipment without written
consent of the Rental Company.
DO NOT REMOVE SERIAL NUMBERS OR COVER COMPANY LOGOS.
You may not remove or cover over any serial numbers, tags, nameplates, or
identifying logos on the Equipment showing ownership by the Rental
NO WARRANTY OR GUARANTY.
Except as provided by the law, Equipment is rented to you without warranty
or guaranty of any kind, expressed or implied, and the Rental Company
assumes no responsibility unless agreed to in writing.
EQUIPMENT DAMAGED OR DESTROYED WHILE IN THE FIELD.
You should notify the Rental Company of the problem and if necessary
return the Equipment to the Rental Company, freight pre-paid, for
evaluation as soon as you find a defect in the rented equipment. The
Rental Company will make a reasonable effort to repair or replace the
Equipment in the shortest amount of time.
LOSS AND DAMAGES
Upon return of damaged equipment, the Rental Company will make a
determination of the extent of the damage and the required repairs. You
and or your representative's will have a reasonable amount of time to
inspect the damage. In determining whether equipment shall be replaced or
repaired, the Rental Company’s judgment shall be conclusive upon you.
Should the Rental Company determine that the equipment must be replaced,
you will be responsible for the cost to
replace the same item or the closest comparably equipped model, at current
retail prices less any discounts available, without deduction for
LOST, STOLEN OR DESTROYED EQUIPMENT.
In the event that after delivery to you, any of the Equipment is lost,
stolen, damaged beyond repair, destroyed or otherwise disappears or is not
returned for any reason, you will be responsible for the cost to replace
the same item or the closest comparably equipped model, at current retail
prices less any discounts available, without deduction for depreciation.
AS SOON AS YOU REALIZE THAT EQUIPMENT IS MISSING, NOTIFY THE RENTAL
COMPANY AND FILE A POLICE REPORT. In all instances immediately report
any missing, lost, or stolen equipment to the Rental Company and file a
report with the local authorities.
RENTAL CHARGES AND LATE CHARGES:
YOU MUST RETURN THE EQUIPMENT ON THE DATE SPECIFIED in the rental
contract or be subject to additional charges. The last rental day shall be
the day specified in the Rental Contract or up until 10:00 AM of the next
business day. A full additional day’s rental will be charged for any
Equipment not returned by 10:00AM. Full daily rates shall be charged for
each day Equipment is not returned after the date specified for the return
of the Equipment.
IF YOU RETURN THE EQUIPMENT DAMAGED OR NON-WORKING CONDITION, the lease
period will be extended by the shortest reasonable time necessary to
repair such damage or replace non-repairable equipment and return the
item(s) to the Rental Company’s general inventory. The extended rental
period shall apply only to the damaged or nonworking item(s), unless the
item(s) forms a part of other equipment. There may be delays in repair or
replacement attributable to causes beyond the Rental Company’s control.
The acceptance of the return of the Equipment by the Rental Company is not
a waiver by the Rental Company of any claims that it may have against you.
RENTAL CHARGES FOR THE DAMAGED OR NON-WORKING ITEM
These items shall accrue at full rental rate for the item(s) irrespective
of any package discounts or other discounts agreed to at the inception of
the Rental Contract, until the item(s) is repaired and/or replaced and the
invoice for damages as been paid in full to the Rental Company. If
requested you shall advance the money in order to allow the Rental Company
to repair or replace the equipment.
WEEKENDS AND HOLIDAYS:
When on a daily schedule, you will be charged the daily rental rate for
weekend days and holidays if the Equipment is used. MINIMUM CHARGES There
may be minimum rental periods and /or special minimums applicable to
Equipment to be used other than locally.
RENTAL PAYMENTS DO NOT APPLY TO PURCHASE PRICE:
Rental payments may not be applied to the purchase price of any equipment.
The Rental Company shall be entitled to compensation, not to exceed the
lease payments, for any losses the Rental Company may sustain because of
your cancellation of all or part of an order.
YOU MUST INSURE ALL THE EQUIPMENT. You shall, at your expense, and at
all times during the rental, maintain in full force and effect insurance
covering all equipment rented from all sources, for full replacement, cost
except vehicles which are at actual cash value, and for loss of use
(rents) of the equipment. Coverage must begin from the time you or your
agents accept delivery of the equipment and continue until the time the
equipment is returned. You shall deliver to the Rental Company, upon
request, evidence of the insurance coverage, typically a Certificate of
Insurance satisfactory to the Rental Company, showing Liability Coverage,
Property Insurance and Workers Compensation Insurance, prior to taking
possession of equipment. Such insurance shall be written by reputable
insurers acceptable to the Rental
Company; your insurers shall agree to be the primary insurers of such
equipment during the rental period. Notwithstanding this paragraph, you
shall remain primarily liable to the Rental Company for full performance
under the terms and conditions of the Rental Contract. The Rental Company
may enforce its remedies directly against you without resort to your
Your insurance should be on a worldwide basis; shall name the Rental
Company as Loss Payee for loss or damage to the property rented; shall
cover “All Risks” of loss or damage for equipment; vehicles physical
damage coverage shall include the perils of “Comprehensive” and
“Collision” and all policies shall provide for 10 days written notice to
the rental company before any policy shall be modified or cancelled.
Limits shall be sufficient to encompass all property at risk, regardless
of source, but in no event less than $1,000,000.00.
You shall list the Rental Company as Loss Payee and additional insured on
your liability insurance and your liability insurance shall be deemed
primary and non-contributory insurance in the event of any claim or suit.
Liability insurance shall meet the following minimums:
1. Commercial General Liability: $1,000,000.00 per occurrence and annual
2. Automobile Liability: $1,000,000.00 combined single limit.
3. Foreign Liability, if filming outside the U.S.A. or Canada:
$1,000,000.00 per occurrence.
4. Aircraft Liability, if filming from an aircraft $5,000,000.00
THE RIGHTS OF THE RENTAL COMPANY ARE NOT AFFECTED BY YOUR
Your insurers shall agree that the right of the Rental Company under the
insurance coverage as described in the preceding paragraphs shall not be
affected by any act or neglect or breach of condition by you, other than
non-payment of insurance premiums. Should you fail to procure or pay the
cost of maintaining the insurance specified in the Rental Contract or to
provide the Rental Company upon request with satisfactory evidence of the
insurance, the Rental Company may, but shall not be obligated to, procure
the insurance shall be an immediate and automatic default of this company.
TITLE AND OWNERSHIP
You specifically acknowledge the Rental Company’s superior title and
ownership of the Equipment and must keep the Equipment free of all liens,
levies and encumbrances. You may not assign or pledge the Equipment.
RIGHT OF ENTRY AND INSPECTION
The Rental Company shall have the right to inspect the Equipment at any
time during the rental term. You shall make any and all arrangements
necessary to permit a qualified employee of the Rental Company access to
the location and Equipment. If a breach of any of the provisions of the
Rental Company occurs, the Rental Company has the right to remove all of
the Equipment without any liability to you, and without prejudice to the
Rental Company’s right to receive rent due or accrued to, including the
date of removal of the Equipment.
INDEMNIFYING THE RENTAL HOUSE:
You agree to indemnify the Rental Company and to hold the Rental Company
and its employees and agents harmless from and against any and all losses,
damages, claims, demand or liability of any kind or nature whatsoever,
including legal expenses, arising from the use, or operation of the
Equipment and by whosoever used or operated during the rental term. This
indemnification shall continue in full force and effect during and after
the term of the rental for causes arising during the term of the rental.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE.
The Rental Company shall be deemed to have been made in the County in
which the rental Company is located, and shall be interpreted and the
rights and liabilities of the parties determined, in accordance with the
law of the State in which the Rental Company is located.
CUSTOMER IS A CORPORATION:
The person executing the Rental Contract on behalf of such corporation
warrants that he/she has full authority of such corporation to sign the
Rental Contract and obligate the corporation.
DEFAULT AND BREACH OF TERMS:
Each Rental Contract includes provisions for remedies in the event of
default by you in payment of rent, or your breach of any terms of the
Rental Contract, etc. Please read these sections in the Rental Contract
carefully to understand your right.
The signed Rental Contract and these Terms and Conditions constitute the
entire agreement between you and the Rental Company. Any changes must be
made in writing and agreed to by both parties.
FOREIGN USE (OUTSIDE THE U.S.) /ADDENDUM #1
You must notify a U. S. based Rental Company of your intention to use the
Equipment outside the U.S. and gain their permission to do so.
TERMS AND CONDITIONS APPLY:
All of the preceding terms and conditions apply to Equipment which is
rented from a U.S. based Rental Company and is transported to a location
outside the U.S.
SHIPMENT OUTSIDE THE U.S.A.:
The Rental Company will only allow shipment through an established Custom
Broker, contracted by you. Said U.S. Customs Broker is to register the
equipment with United States Customs, using a United States Custom Form
4455, prior to the Equipment leaving the U. S. A. A certified copy of the
registration from must be returned to the rental House or said Custom
Broker will arrange a Carnet through the United States Council of the
International Chamber of Commerce, stipulating that you: “shall (1) return
the said products described in the Carnet of the USA, or (2) pay such
customs duties, excise taxes, and/ or charges which may be imposed by any
country for it’s failure to return said products”. A certified copy of the
Carnet must be returned to the renter. RENTAL HOUSE WILL PROVIDE AN
ITEMIZATION OF ALL EQUIPMENT, Listings: brand names, country of origin
/ manufacture; item; serial numbers; and replacement value.
ALL BROKERAGE CHARGES AND SHIPPING CHARGES, fees and taxes are to be
borne by you and prepaid prior to shipment. RETURNING SHIPMENTS SHOULD
BE CONSIGNED TO THE ORIGINATING CUSTOMS BROKER for clearance and
re-entry into the U.S. In no cases is the Equipment to be shipped directly
back to the Rental Company. Returning shipments should contain
instructions to the Customs broker regarding the disposition of the
Equipment after clearing the U.S. Customs (i.e. deliver equipment to the
Rental Facility, or to your U.S.A. address).
YOU ACKNOWLEDGE THAT RENTAL CHARGES ACCRUE for time in transit,
including the time Equipment may be in the hands of the designated Customs
broker, or U.S. Customs Service. You acknowledge and agree that the
payment of U.S. Import Duty Taxes which may be levied for foreign-made
goods is your responsibility, even though you followed the above
CANCELLATION POLICIES In the event of cancellation when on a daily or
weekly schedule, cancellation charges may apply in consideration of the
company’s preparing, holding in reserve or sub-renting equipment,
facilities or vehicles on your behalf. By keeping the company informed of
your shooting schedule you can either minimize or avoid cancellation.
THE TERMS OF PAYMENT are based upon credit information you supply at
the time of rental. Should there be any change in such information, you
agree that the Rental Company may demand immediate payment without prior
notice. PAYMENT TERMS: Rental invoices and loss and damages invoices are
payable upon receipt of invoice and not later than net 10 days. Payments
due for 30 days or more shall be considered past due. For each month or
part of a month thereafter, a past due or late charge may be assessed,
which you are expected to pay. If the company places the account in the
hands of an attorney or other agency for collection, you agree to pay
reasonable collection cost, attorney fees and court cost. You agree to pay
the rental house directly or as directed by the rental house or its agent.
CUSTOMER PAYMENT TERMS:
You are required to have a valid credit card on file for your company in
order to make camera reservation and to do rentals with Armand Costanza
Inc. It is the responsibility of the customer to inform Armanda Costanza
Inc. of there method of payment. If your account becomes past due your
credit card will be charged. All customers who do not fill out a credit
application will receive net 10 returns with a valid/authorized credit
card. Again please be sure to tell the rental manager how you will being
paying for your rental.
NO SWITCHING BETWEEN PAYEES!
This complicates insurance responsibilities and our ability to collect on
a debt. If you take possession of equipment for someone else, you are
responsible for any damages and past due invoices. We will not switch bill
there after to the person you deem responsible.
If you are using insurance through another company you must disclose this
to us so we can get their written consent.
SMALL RENTALS: $10,000 and lower
If you are renting equipment that you do not have insurance for, we can
authorize and capture the amount of the equipment on a credit card for
your rental and them credit the money back to your credit card once the
rented equipment is returned to our rental facility, check for damaged and
then invoiced. A rental will not occur until the credit card amount has
INSURANCE LISTING ON YOUR CERTIFICATE:
Please list as follow: Armanda Costanza Inc. – 220 Great Circle Rd. Suite
138, Nashville, TN 37228
Ph: 615.256.2663, Fax: 888.273.4125. Armanda Costanza, Inc. must be listed
as “Loss Payee” and additional insured.
These terms signed are
good for one year and will be used for jobs occurring from this date
of signing till 365 days have
If the (*) required information below
is not filled out, these Terms & Conditions will be voided.
THIS IS AN INTERACTIVE FORM, PLEASE TYPE YOUR INFORMATION INTO THE