Terms & Conditions
This EQUIPMENT RENTAL AGREEMENT (this “Agreement”) is made by and between Intelblast. hereinafter referred to as “INTELBLAST”, and:
The above referenced company or individual is hereinafter referred to as the “Customer”,
for the purposes of renting certain dry-ice cleaning equipment from INTELBLAST under the terms of this Agreement (“the “Equipment”). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Term of Agreement:
This Agreement shall be for a minimum of one (1) week (a “Rental Period”), commencing on the Date of Receipt of the Equipment by the Customer and concluding on (and including) the Day of Return to INTELBLAST. A week shall be defined as five (5) working days (excluding weekends and legal holidays) from the Date of Receipt of the Equipment by the Customer.
2. Date of Receipt:
The Date of Receipt of the Equipment, and thus the beginning of the rental term, shall be the day that the Equipment is delivered to and/or signed for by the Customer. INTELBLAST will provide proof of delivery of the Equipment to the Customer upon request.
3. Date of Return:
The Date of Return of the Equipment to INTELBLAST, shall be the day that the Equipment is signed for by the freight forwarder appointed by INTELBLAST or when returned to the place of rental
4. Equipment Rented:
The Equipment rented by the Customer from INTELBLAST under this Agreement is more particularly described in the order confirmation and on www.dryiceEU.com.
5. Ownership of Rental Equipment:
All rental Equipment supplied by INTELBLAST to the Customer for usage during the initial or subsequent (if any) rental periods shall remain the property of INTELBLAST.
6. Damages and Losses:
In the event the Equipment is damaged, lost, vandalized, or stolen, while in possession of the Customer, the Customer will be responsible for the full costs (including labor) of repairing the Equipment if damaged or vandalized (normal wear and tear excepted), or purchasing the Equipment from INTELBLAST for the full list price as established by INTELBLAST at the time of the rental if lost or stolen. The Customer will immediately notify INTELBLAST should any of these situations occur.
7. Malfunctioning Equipment.
Should the Equipment become unsafe, malfunction or require repair, the Customer shall immediately cease using such Equipment and immediately notify INTELBLAST. If such condition is the result of normal operation, INTELBLAST will repair or replace the Equipment with similar Equipment in working order if such replacement is available. INTELBLAST has no obligation to replace Equipment rendered inoperable by misuse, abuse or neglect. Customer’s sole remedy for any failure or defect in the Equipment shall be the termination of any rental charges accruing after the time of failure. The Equipment must be returned to or picked up by INTELBLAST within twenty-four hours of the time of the failure in order to terminate rental charges.
7. Rental Amount Due:
The rental amount due for the Equipment shall be as indicated in the order confirmation produced by our home-page. Said rental payment, and subsequent rental payments, if any, shall be due and payable in advance in accordance with the provisions of Section 9, below. All taxes, fees, and freight as may be applicable or incurred by INTELBLAST shall be paid by the Customer as additional rental fees and shall also be due and payable in advance.
9. Method of Payment:
Payment for rental of INTELBLAST Equipment shall be made by credit card (VISA/MASTER CARD) online or other electronic transfer means by the Customer, unless otherwise agreed upon by the parties in advance.
10. Late Returns.
Unless INTELBLAST agree in writing to extend the rental periods, the Equipment must be returned or picked up by INTELBLAST or freight forwarder appointed by INTELBLAST on the due date during normal business hours. Should the Customer fail to return the Equipment by the close of business on the last day of a rental, each additional late day will be billed to the Customer on a prorated daily rate of one fifth (1/5) of the weekly rental plus a daily surcharge of €50,00 per day. Customer understands and agrees with the foregoing and authorizes INTELBLAST to debit the customer’s credit card or other account to satisfy these charges as they are incurred.
11. Extension of Agreement:
This Agreement may be extended on a weekly basis at the Customer’s option. The Customer shall notify INTELBLAST in advance in writing by email (firstname.lastname@example.org or adm@dryiceEU.com) of its desire to extend this Agreement. Failure to return the Equipment, or to notify INTELBLAST of the Customer’s intentions to extend shall authorize INTELBLAST to debit the Customer’s credit card for all charges, fees, etc., set forth above. INTELBLAST reserves the right to debit the Customer’s credit card for these until the Equipment is returned or purchased.
12. Purchase of Equipment For Residual Value:
Purchase of the equipment for the residual value is not possible under this agreement.
13. Freight and Handling Charges:
INTELBLAST will be organizing freight and handling of the equipment to and from the customer. Charges for and cost in connection with shipping or handling will be billed to the customer. Customer can also arrange for pick-up and returning of the machine(s) to the place from where it is being rented.
14. Return of Equipment, Repairs and Deposit:
At the expiration of the term, the Customer will return or surrender the Equipment to INTELBLAST in as good a condition as when it was delivered to Customer, subject to reasonable wear and tear.
The Customer will be responsible for all costs of repairs to the Equipment that are occasioned as a result of Customers’ use, normal wear and tear excepted.
A refundable deposit of fifteen percent (15%) of the retail list price of the Equipment will be billed at the start of the term, and any charges necessary to repair or clean the Equipment will be assessed against this deposit. INTELBLAST will provide the Customer an itemized statement for these charges, if any, at the conclusion of the rental term. If the charges to repair and clean the Equipment are greater than the amount of the deposit, the Customer agrees to pay such charges. If the charges to repair and clean the Equipment are less than the deposit amount, said remainder amount will be refunded the Customer by INTELBLAST.
15. Reasonable Wear and Tear.
Reasonable wear and tear of the Equipment shall mean only the deterioration of the Equipment caused by its ordinary and reasonable use. The following shall not be considered reasonable wear and tear:
- Any damage resulting from lack of maintenance or as a result of a failure to supply the equipment with clean, dry air.
- Any damage resulting from lack of servicing or preventative maintenance requiring notification to Intelblast as set out above. Please see user manual.
- Any damage resulting from any collision, overturning, or improper operation of the Equipment.
- Any dents, bending, tearing, staining and misalignment of the Equipment or any part thereof.
- Any wear resulting from excessive use.
- Any other damages to the Equipment, which is not considered ordinary and reasonable.
- Any attempt by the Customer to carry out repairs to the Equipment will be deemed deliberate damage.
16. Customer Insurance Requirements:
The Customer agrees to maintain comprehensive general liability insurance and All Risks property and casualty insurance, at its own cost, throughout the entire rental period. Evidence of such insurance shall be presented to Intelblast upon request.
17. Limited Warranty:
INTELBLAST warrants to the Customer that INTELBLAST will use commercially reasonable efforts to deliver the Equipment in good working order. this warranty is the only warranty Intelblast has given the Customer with respect to the equipment. Intelblast makes no representation or warranties, express or implied, with respect to the equipment or any other materials supplied by Intelblast hereunder, and Intelblast hereby expressly disclaims any express or implied warranties with respect thereto, including without limitation, any implied warranties of merchantability, or fitness for a particular purpose.
Customer releases and discharges Intelblast from any and all liability or damages (including, without limitation, damages for loss of profit, loss of business opportunity and other economic loss) which might be caused by Intelblast’s failure or inability to deliver any equipment by any specified date or time.
18. Limitations of Damages:
In no event will Intelblast be liable to the Customer for any incidental, indirect, consequential, punitive or special damages (including but not limited to damages to business reputation, lost business, or lost profits), whether foreseeable or not and however caused, even if the company has been advised of the possibility that such damages might arise.
19. Acknowledgment of Operating Instructions and Release:
The Customer hereby acknowledges by its execution of this Agreement that Intelblast has provided Customer with proper and sufficient instruction as to the assembly, operation, configuration, and maintenance of the Equipment. The Customer further warrants and agrees to consult and advise Intelblast as to the intended usage and application of the Equipment for suitability of purpose before executing this Agreement. Notwithstanding the provisions of Section 17 hereof, Intelblast reserves the right to refuse rental of the Equipment to the Customer, or confiscate the Equipment after execution of this Agreement, if in Intelblast’s opinion, said application of the Equipment is ill-advised and likely to cause calamity or harm to the Equipment, the Customer, and/or others.
The Customer agrees to indemnify and hold Intelblast harmless and free of any liability of any type that may result from the Customer’s improper or unauthorized use and/or operation of the Equipment.
This release of Intelblast by the Customer shall apply to the Customer, its designees, assigns, subcontractors, contract laborers, other persons or entities not herein specifically named or identified, and/or any other persons or entities authorized by the Customer to operate the Equipment during the Term of this Agreement.
The Customer also agrees to indemnify and hold Intelblast harmless and free of any liability or obligation of any type that may result from injury or bodily harm incurred by the Customer, its employees, subcontractors, agents, customers, contract laborers, or other persons engaged by the Customer to operate the Equipment, or third parties not herein named, resulting from improper use and operation of the Equipment, during the term or this Agreement.