Blue Planet Offices, Inc
.Rental Terms and Conditions
By renting equipment from Blue Planet Offices, Inc. (referred to hereafter as 'the lessor'), you (referred to hereafter as 'the lessee') accept that the equipment is in good, functional condition at the time received. If we ship the rental equipment to you and the package is delivered damaged, opened, or otherwise is suspicious looking manner, do not accept it and notify us immediately. If you chose to accept it, save all packaging material for inspection by the carriers agents and notify us immediately.
Rental rates are stated on tvkeywest.com and rentals are available normally for 4, 8 and 24 hours unless otherwise stated. However, during major holidays, holiday weekends and during major events in Key West such as Fantasy Fest, Pride Weekend, Tropical Heat and other events, ONLY 24 HOUR RENTALS are available.
The lessee agrees to pay the rental rate for the period the merchandise is used and in transit. The lessee further agrees to promptly return the merchandise at the end of the rental period in the same condition as received.
The lessee also agrees to pay for any damages to, or loss of, the rented merchandise occurring during their time of possession or because of loss and or damage from improperly packing the returning equipment shipment.
Upon return and inspection any and all repairs necessary and or accessories missing that were itemizes will be charged at our current rates and billed to the lessee.
A full day or other period rental is charged, even for a partial days or a partial rental period of use. There are absolutely no refunds for early returns. The lessee agrees to pay the regular rental rate for full day that the merchandise is in his possession and until it is returned to the lessor.
The lessee will also pay the lessor for any charges incurred by the lessor to recover merchandise not promptly returned when requested. The lessor retains title to the merchandise and the right to end this lease and take possession of the merchandise if it is not returned on request.
The lessor assumes no responsibility for damage to film materials or other liability of any kind resulting from the use or malfunction of the equipment. The lessee agrees that the limit of our liability is limited to a refund of the actual RENTAL Charge ONLY.
The lessee must present a copy of both sides of their valid current State Drivers License or State Photo ID. and a deposit equal to the actual value of the merchandise must be paid by cash, cashiers check, or major credit card.
The venue of any legal disputes concerning this contract are to be filed in the City of Key West, Monroe County, Florida.
Blue Planet Offices, Inc. will make every effort to design a rental to meet the renter's needs. The renter is required to provide security, adequate to our satisfaction, to protect the equipment.
Reservations:
Reservations can be made by phone or by email. All rentals are subject to availability. A contract must be signed prior to the start of the rental term.
Cancellations:
Notice of cancellation of services must be submitted at least 24 hours in advance of intended use. Failure to do so will result in a ½-day charge.
Rental Fees:
Rental fees are as posted on the TVKEYWEST.COM website unless other written arrangements have been made with Dan Schramm at Blue Planet, or as per rental agreement. Minimum rental period is one day, though many items are available for 4 and 8 hours. Holidays and during major Key West events, only 24 hour rentals are available.
Payment:
Payment of the rental fee is required at the beginning of the rental term, unless other arrangements are made. If the rental period goes over the agreed upon time, the additional time rental is due when the equipment is returned. Any discrepancies between actual and estimated cost will either be billed for directly after work is complete. We will accept cash or cashier's check. Personal or business checks are accepted at our discretion. Major credit cards are accepted. Credit and open accounts are not available. Proper identification is required.
Equipment Pick Up & Return
Blue Planet Offices, Inc. will deliver the equipment to the jobsite unless other arrangements are made.
Renter's Responsibility:
The renter is wholly responsible for any loss or damage to the rental equipment. Blue Planet Offices, Inc., tvkeywest.com or Dan Schramm does not offer any insurance coverage for the rental items. In the event of loss or damage of the item, for any reason, or if the item is not returned on or before the agreement expires, the renter will be liable for up to full replacement value of the equipment, and possible penalties given at the discretion of Blue Planet Offices, Inc. All equipment is available for inspection and testing by the renter on the day of rental. Failures must be reported immediately. Any price adjustments due to failure will be determined by Blue Planet Offices, Inc. or Dan Schramm. In the event of an equipment failure, back-up equipment will be supplied to the very best of our abilities. Unauthorized service or modification to any rental equipment will result in further charges. Blue Planet Offices, Inc. reserves the right to inspect the equipment at any time during the rental term and has the option to remove the equipment for failure to meet with the contract terms, without refund.
Liability:
Lessee hereby agrees to indemnify and hold harmless Blue Planet Offices, Inc. and Dan Schramm, it’s offices and employees from any and all claims, suits, damages, losses, liabilities (including Worker’s Compensation for lessee’s employees and agents either full-time or day-hired), including attorney fees for: loss of life or injury to any person, damage to property or other damages or losses whatsoever, resulting directly or indirectly from a cause or occurrence in, opon, at or from the use of rented equipment or facilities, including but not limited to such damage or injury which may be caused by the negligence of Blue Planet Offices, Inc. or Dan Schramm, its agents, offices, or employees.
Legal Action:
Any dispute arising under or pursuant to this agreement shall be controlled by Florida Law. Should Lessee default, or fail to perform under any provision herein, lessee agrees to pay reasonable attorney’s fees and other costs actually incurred by Blue Planet Offices, Inc. in enforcing such provisions. This agreement involving equipment, facilities, and services shall not be amended or modified except by mutual agreement, in writing, signed by both parties.
Insurance Requirements:
Lessee must provide Blue Planet Offices, Inc. with evidence of Comprehensive General Liability Insurance in amount not less than 1,000,000.00 Combined Single Limit Bodily Injury and Property Damage Liability upon request.
And
All risks insurance on all equipment rented from Blue Planet Offices, Inc. in the amount of $100,000 for the contents of the 2-ton trailer and grip package, or other amount specified for "equipment only" rentals.
Certificate of Insurance
Insurance must be verified by providing Blue Planet Offices, Inc. a certificate of insurance containing the following:
1-List Blue Planet Offices, Inc. as Loss Payee as respects misc. equipment, physical damage to autos, and comprehensive and collision.
2-List Blue Planet Offices, Inc. as Additionally Insured as respects to: third party property damage, comprehensive general & auto liability.
3-Provide for a 10 day written notice of cancellation or reduction in coverage.
4-Contain in a statement that the insurance is primary with Blue Planet Offices, Inc. over all other insurance.
5-Certificates can be addressed to: Blue Planet Offices, Inc., 1107 Key Plaza #306, Key West FL and/or faxed to Blue Planet Offices, Inc. 305- I / we have read this contract and agree to all the terms and conditions:
___________________________ for _____________________ Date: ________
Authorized Lessee Signature Company Name
Please sign and fax this document, and insurance certificate prior to rental to: 305-
ADDITIONAL TERMS AND CONDITIONS
RESTRICTIONS UPON THE USE OF THE EQUIPMENT
LOCAL USE ONLY, UNLESS OTHERWISE AGREED. All or any part of the Equipment may not be removed from the Key West area without the prior written consent of the Lessor. In any case, the Equipment will not be removed from Monroe County Florida to any other county or foreign country without first having notified Lessor and obtaining from Lessor its written consent for such use or removal. Potential Lessee must set-up a special meeting with the Lessor to discuss the capability and/or special requirements of Lessor to rent the Equipment to be use outside the Key West FL area. Some restrictions apply.
USE BY QUALIFIED TECHNICIANS ONLY.
Lessee agrees that only duly qualified employees and/or agents of Lessee shall use the Equipment. The Equipment will be used in strict compliance with standard operating procedures prescribed for the Equipment. You 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 Lessor. Lessee shall not permit others to use or loan the Equipment to any person or firm and it shall at all times remain under the immediate control, supervision and direction of Lessee personally.
DO NOT REMOVE SERIAL NUMBERS OR COVER COMPANY LOGOS.
You may not remove or cover any serial numbers, tags, nameplates, or identifying logos on the Equipment showing ownership by the Lessor. Removal of property tags will be considered as prima facie evidence of theft.
NO AERIAL USED WITHOUT NOTIFICATION.
Lessee agrees that the Equipment will not be taken from the ground in an airplane or any machine used for air travel without prior written consent of Lessor. Additional insurance will be required to cover those uses.
EQUIPMENT DAMAGED OR DESTROYED WHILE IN THE FIELD
It shall be the duty of the Lessee to notify Lessor immediately in writing of any claimed defect or non-function in any of the Equipment and it shall be the duty of the Lessee to constantly check the product produced as it is produced by him. In no event shall Lessor be responsible for any claims for any alleged loss of profits, damages, delays or expenses claimed to have arisen out of Lessee's use of the Equipment. Lessee shall return to Lessor, at Lessee's expense, for exchange or for other Equipment, any item of Equipment listed herein, which Lessee claims, has become non-functional subsequent to delivery. Provided Lessor in his sole judgment determines that said defect or non-function was not caused by any act of the Lessee or its employees or agents, Lessor shall then have the option of substituting other like Equipment in exchange for the returned Equipment or of canceling this Agreement and recalling all Equipment. Lessee will be responsible for any shipping or delivery charges for substitute Equipment.
Upon the return of damaged Equipment, the Lessor will make a determination of the extent of the damage and the required repairs. Lessor will use the closest Equipment manufacturer's service office as the official inspector of the damaged or destroyed Equipment to help him determine final procedure to be done. Lessee and their representative(s) and/or agents, will have a reasonable amount of time to inspect the damaged. In determining whether Equipment shall be replaced or repaired, the Lessor's judgment shall be conclusive upon you. Should the Lessor determine that the Equipment must be replaced, Lessee will be responsible for the cost to replace the same item or the closest comparably new model, at current manufacturer's retail prices less any discount available, without deduction for depreciation.
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 discount available, without deduction for depreciation. As soon as you realize that Equipment is missing, notify the Lessor, and file a police report. In all instances immediately report any missing, lost, or stolen equipment to Lessor and file a report with the local authorities.
RENTAL CHARGES, LATE CHARGES AND CANCELLATION
YOU MUST RETURN THE EQUIPMENT ON THE DATE AND TIME SPECIFIED in the rental agreement or subject to additional charges. The last rental day shall be the day specified in the rental agreement 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. Fully 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 IN DAMAGED OR NON-WORKING CONDITION, the rental period will be extended by the shortest reasonable time necessary to repair such damage or replaced non-repairable Equipment and return item(s) to the Lessor general inventory. There may be delays in repair or replacement attributable to causes beyond the Lessor's control. Full rental rate will continue to be charge until the invoice for damages has been paid in full to the Lessor. If requested, Lessee shall advance the monies in order to allow the Lessor to repair or replace the Equipment.
The acceptance of the return of the Equipment by the Lessor is not waiver by the Lessor of any claims it may have against Lessee under this agreement or for latent or patent damage to the Equipment.
MINIMUM CHARGES. There may be minimum rental periods and/or special fees applicable to Equipment to be used other than locally. Service during non-business hours may incur additional charges.
CANCELATION CHARGES. Lessee agrees that in the event that Lessee must cancel this rental agreement for any reason whatsoever including weather, charges may apply in consideration of the Lessor preparing, holding in reserve or sub-renting equipment, facilities or vehicles on your behalf. For daily rentals, the fully daily rental rate will be charged for each day of cancellation. When on a weekly schedule, Lessee agrees to pay for the minimum number of weeks as specified and no reduction shall be made for cancellation. By keeping the Lessor informed in advance of your shooting schedule you can minimize cancellation fees. MISCELLANEOUS ASPECT OF RENTAL AGREEMENT
If Lessee is an individual, corporation, or any other business entity, the person signing this agreement on behalf thereof, hereby warrants that he has full authority to sign this agreement and obligate said individual, corporation or business entity. Said person signing this agreement, the individual, corporation and/or business entity, shall be jointly and severally liable for all rentals and other sums that may be at any time due and owing to Lessor under the terms of this agreement.
This agreement contains the entire understanding between the parties' hereto-including representations and may not be modified except by instrument in writing signed. Lessee hereby certifies that he has read and fully understands all the provisions of this agreement prior to executing this agreement.
Blue Planet Offices, Inc.
1107 Key Plaza #306
Key West, FL 33040-4077
Office: 305-897-2593