GENERAL RENTAL TERMS & CONDITIONS
Prior to shipment, or delivery of equipment, the Customer (Lessee) acknowledges and agrees to the Terms and Conditions of MLD Equipment Rental, Inc., or MLD (Lessor) as follows:
- Equipment may only be used by duly qualified employees and/or agents who have a thorough working-knowledge of rented items. No allowance will be made for the Customer’s inability to operate properly functioning equipment. There may be a Service Fee ($95 per hour) for Technical Support Calls, and/or site visits to troubleshoot operator-related equipment malfunctions, or issues.
- The Customer (Lessee) agrees to assume full responsibility and liability for the safe keeping and return of the equipment herein rented to MLD’s premises. Said equipment is used at the Customer’s sole risk and the Customer will indemnify, hold harmless, protect, and defend MLD from any and all liability, claims, costs and expenses arising out of the Customer use, or possession of equipment. MLD neither assumes, nor authorizes any other person to assume for it any other obligation of liability in connection with such equipment, nor shall it be liable in any event, for any injury, loss, or damage directly, or consequently arising out of the use, or inability to use the equipment, whether used singularly, or in connection with other equipment.
- In the event rented equipment is damaged, or destroyed by any casualty, or is lost, stolen, or missing, the Customer shall be liable to MLD for the replacement value, or cost thereof as determined by the actual cost to MLD to replace, or repair the same, with no allowance for the reason that any part was not used by the Customer, subject to the terms of the Damage/Loss Limits set forth below.
- Insurance is not required to rent from MLD, however, in the event of any loss, or damage during the rental period the Customer is subject to the terms of the Damage/Loss Limits set forth below and specifically agrees that the replacement value of the rented equipment is the price listed in the manufacturer’s current price list. Acceptance of returned rental equipment is not a waiver by MLD of any claims that the company may have against the Customer, nor a waiver against latent damage to the equipment.
- To qualify for MLD’s 10% insurance discount customer shall, in a manner acceptable to MLD, show proof of adequate coverage equal to the replacement value of the leased equipment ($25,000 minimum) and lost income (rental fees) during the replacement/repair period. Coverage must include specific provisions for “rented equipment in-transit and various locations” with MLD named as Loss Payee, plus a General Liability Policy of at least $1,000,000 with MLD named as Additional Insured.
- Reservations & orders may be cancelled at anytime up to 24 hours prior to delivery at no charge. Cancellations 24 hours, or less from delivery are subject to a 50% cancellation fee of the first day’s rental charges. Orders cancelled after delivery are subject to a half-day (.66 the day rate) for 1-day rentals and 1-day minimum charge for multi-day rentals.
- No rental allowance will be made because the equipment was not used by the Customer, or time lost due to delays in returning rented equipment to MLD by the time and date specified in the Lessee’s contract. The Customer agrees to pay MLD a sum equal to the rental rate charges applicable for the loss of use during the time that MLD is deprived of the equipment, computed to the date of restoration, whether or not the equipment is delayed in return, damaged, or missing. Customer further agrees to compensate MLD for any and all equipment sub-rental charges required to fulfill rental orders for other customers due to delayed returns, damaged, or missing equipment.
- Unreturned equipment must be brought back or shipped to the MLD facility within two (2) business days of return date listed on the front of this contract. Any equipment not returned within this period will be replaced at the Customer’s expense and charged to the credit card provided for the rental, or on file in the Customer’s application.
- A Refundable Security Deposit may be required for each rental. MLD, in its sole discretion may apply all or part of the security deposit to unpaid rental charges, late fees, equipment damage or loss, as well as any other charges due under this Rental Contract. Refunds will be made in a timely manner after the equipment rented under this contract has been checked in, all items have been returned and passed all quality tests.
- Recordable digital media such as memory cards, hard/solid-state drives, and other recording devices are immediately erased and reformatted upon rental return. The customer is solely responsible for ensuring their footage has been properly transferred, and/or backed-up prior to returning the equipment to MLD. All media and expendable sales for any order are final, no returns accepted. In the event raw, un-recorded digital media is defective due to a manufacturer defect, MLD, at its sole discretion, will provide a replacement of equal value.
- A signed original copy of these Terms & Conditions and Customer Application must be on file and approved by MLD before any equipment is released. All invoices and charges are COD; due and payable only in Dallas, Dallas County, Texas. Past due balances are subject to a 1.75% monthly finance charge (21% APR). MLD accepts cash, company and cashier’s checks, as well as Visa, MasterCard, Discover, American Express and PayPal. Customer further authorizes MLD Equipment Rental, Inc. to use the credit, or debit card on file to cover any and all charges to their account for rentals, equipment damage/loss, and/or past due account balances.
- All returned checks are subject to a convenience charge of 10% of the total amount of check ($35 minimum), plus any bank fees incurred. To secure payment due to MLD for past due rental charges, or damages, the Customer hereby authorizes MLD to secure any attorney in any court of record to seek judgment for such amount as may be unpaid and due. If there is any lawsuit involving this agreement, the winning party shall be entitled to compensation for reasonable attorney fees, court costs and other necessary expenditures. Customer (Lessee) is responsible and agrees to pay MLD for any state, or local taxes which may be levied upon the equipment or use of the equipment listed in the contract.
- If the Customer (Lessee) shall default on any of the terms of this contract, or in making payments on time, MLD can seize said equipment. To safeguard its assets if for any reason MLD believes this agreement will be impaired, MLD can declare this agreement terminated and may, without notice demand, by process of law, or otherwise retake possession of said equipment. For such purpose, MLD may employ electronic tracking devices to enable its agent’s, or employees to enter upon any premises where said equipment may be and remove same, without being liable to any suit of action, or other proceeding by the Customer (Lessee). It shall be lawful for MLD, or its agent’s, at all reasonable times to enter the premises upon which said equipment is located for the purpose of viewing the state and condition of said equipment.
- MLD Equipment Rental, Inc. reserves the right to make changes to its Terms & Conditions for the purpose of modifying, revising and updating company policy at any time and without prior notice. Changes will be posted on this website (www.mldvideo.com).
- Damage/Loss Limit & ShockWatch
The Customer’s financial responsibility is limited to a maximum of $5,000 for equipment damage and/or loss per each rental contract (subject to the exclusions below). The Damage/Loss Limit specifically excludes all damage and/or loss to equipment under the following situations for which the Customer shall remain fully responsible to MLD:
- lens scratches
- unauthorized internal adjustments, or repairs to equipment
- willful, or intentional misuse, or loss
- unexplained disappearance
- fraudulent, or dishonest acts
- warlike, or government action, such as confiscation, or seizure
- theft which is unreported by Customer to the police within 48-hours (Valid police report required)
- theft from any closed vehicle (i.e. truck or van) is not covered unless the vehicle is locked & there are signs of forcible entry (Valid police report required)
- theft from a visually open vehicle (i.e. SUV, van, or sedan) is not covered under any circumstances
- up to $5,000 regardless of damage, or loss for any reason while equipment is in the hands of a common carrier
- all loss, or damage occurring outside the United States, or U.S. territories
Any piece of equipment returned to MLD with a Shockwatch label activated or removed can be subject to an Engineering Inspection Fee (up to $200) to determine if it has been damaged. If damage is found, the Customer will be liable for repairs under the terms listed above. In the event a Shockwatch is activated, or removed, MLD, and only MLD, has sole decision-making authority in determining damages and repair costs associated with the Shockwatch activation, or removal. Removed or triggered Shockwatches are subject to a $25 replacement fee.
INTERNATIONAL RENTAL PROHIBITED
MLD rental equipment may NOT be transported or used outside the United States, or U.S. territories (i.e. American Samoa, Guam, Northern Mariana Islands, Puerto Rico, & U.S. Virgin Islands). For the purposes of this document U.S. territories are defined as a partially self-governing land under the authority of the U.S. government.