The following are "Terms & Conditions" relating to the rental of
production equipment in the entertainment industry, developed by PERA
on behalf of its members. Each production equipment rental company sets
forth its own policies in its rental contract. While these contracts differ
in wording and scope from rental company to rental company, they are based
upon the collective traditions and common practices of the production
industry. PERA has undertaken to document the common practices of the
production equipment rental industry, in a clear and concise way to help
its members avoid misunderstandings with their valued members.
TERMS & CONDITIONS.
for Production Equipment Rental Companies and Their Valued Customers:.
These terms and conditions form part of the rental contract (the "Rental
Contract") between you and Film/Video Equipment Service Co, 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.
TEST THE EQUIPMENT ("EQUIPMENT" INCLUDES ALL TYPES OF RENTAL PRODUCTION
EQUIPMENT AND/OR VEHICLES). You will always have an opportunity to test
and examine the Equipment to determine that the Equipment is in good working
order. You may test the Equipment at the rental facility, on location,
or at another place..
YOU ARE CONSIDERED TO HAVE TAKEN DELIVERY OF THE EQUIPMENT and therefore
assume all risk of loss from the time that the Equipment is set aside
from the Rental Company's general rental inventory for your use. You are
responsible for any damage you cause to equipment, property or person(s),
during testing. After completing your tests 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 & DELIVERY.
YOU 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 TRANSPORTATION TO AND/OR FROM ANY LOCATION.
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, brokers 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
carrier. The Rental Company will not accept collect shipments from you.
YOUR RESPONSIBILITIES WITH REGARD TO THE EQUIPMENT
YOU ASSUME ALL RISKS OF LOSS. 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 IS RETURNED AND THE RENTAL
TERM HAS EXPIRED. 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 hours; 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 BEING STORED FOR YOU BY THE RENTAL
HOUSE. You are responsible for all equipment (including but not limited
to camera(s), props, sets & wardrobe) which is picked up or stored
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.
RESTRICTIONS UPON THE USE OF THE EQUIPMENT
USE BY QUALIFIED TECHNICIANS ONLY. The Equipment may be used only by
your duly qualified employees and/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 SUBLEASE BY YOU IS PERMITTED. You may not sublease
all or any part of the Equipment without written consent of the Rental
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 Company.
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
AS SOON AS YOU DISCOVER THAT EQUIPMENT IN THE FIELD IS DEFECTIVE, you
should notify the Rental Company of the problem and if necessary return
the Equipment to the Rental Company, freight pre-paid, for evaluation.
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 depreciation.
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 10:00AM 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
IF YOU RETURN THE EQUIPMENT IN 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 non-working 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
RENTAL CHARGES FOR THE DAMAGED OR NON-WORKING ITEM(S) 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
has 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
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.
CREDIT INFORMATION AND PAYMENT TERMS
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 damage 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 costs, attorney fees and court costs. You agree
to pay the rental house directly or as directed by the rental house or
RENTAL PAYMENTS DO NOT APPLY TO PURCHASE PRICE. Rental payments may not
be applied to the purchase price of any equipment.
CANCELLATION PENALTIES. 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 (without deductions for depreciation), 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 insurance. You may
also choose to pay a 10% Insurance Damage Loss Fee with a $2000.00 deductible
in lieu of insurance.
PROPERTY INSURANCE. 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 canceled.
Limits shall be sufficient to encompass all property at risk, regardless
of source, but in no event less than $1,000,000.
LIABILITY INSURANCE. You shall name the Rental Company as an 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:
Commercial General Liability: $1,000,000 per occurrence & annual
aggregateAutomobile Liability: $1,000,000 combined single limit
Foreign Liability, if filming outside the U.S.A. or Canada: $1,000,000
per occurrence limit
Aircraft Liability, if filming from an aircraft: $5,000,000.
THE RIGHTS OF THE RENTAL COMPANY ARE NOT AFFECTED BY YOUR NON-PERFORMANCE.
Your insurers shall agree that the rights 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-payments of insurance premiums.
Should you fail to procure or pay the cost of maintaining in force 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 and you shall
reimburse the Rental Company on demand for its cost. Lapse or cancellation
of the required insurance shall be an immediate and automatic default
of this agreement.
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
of the Equipment. If a breach of any of the provisions of the Rental Contract
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, condition (including,
without limitation, latent and other defects) 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.
MISCELLANEOUS ASPECTS OF THE RENTAL AGREEMENT
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE in which the
Rental Company is located. The Rental Contract 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 laws of the State in which the Rental Company is
located. WHEN THE 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 rights.
ENTIRE AGREEMENT. The signed Rental Contract and these Terms & 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.A. 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 the Rental Company and is transported
to a location outside the U.S.A.
SHIPMENT OUTSIDE THE U.S.A. The Rental Company will only allow shipment
through an established Customs Broker, contracted by you. Said U.S. Customs
Broker is to register the equipment with United States Customs, using
a United States Customs Form 4455, prior to the Equipment leaving the
U.S.A. A certified copy of the registration form must be returned to the
rental house OR said Customs 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
to 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, Listing: brand
name; country of origin/manufacture; item; serial numbers; and replacement
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 procedures.
CANCELLATION POLICIES / ADDENDUM #2
In the event of cancellation when on a daily or weekly schedule, cancellation
charges may apply in consideration of the rental company's preparing,
holding in reserve or sub-renting equipment, facilities or vehicles on
your behalf. By keeping the rental company informed of your shooting schedule
you can either minimize or avoid cancellation fees.