BGGS TERMS AND CONDITIONS

 

BGGS LIGHTING & GRIP COMPANY

TERMS AND CONDITIONS FOR PRODUCTION SERVICES AND RENTALS

02/16/2013

 

The rentee hereby rents from BGGS LIGHTING & GRIP COMPANY hereafter called BGGS (the rentor), the facilities, equipment and services described, and by signing the front of this form agrees to pay the rental fees accrued and acknowledges receipt of said equipment.

 

RENTAL PERIODS AND RATES

The minimum rental period is one (1) day on all equipment leaving the premises of the rentor.  Equipment not returned by 10:00 A.M. will be charged for that day unless prior arrangements have been made and approved by a BGGS representative.  Weekend rentals are from 3:00 P.M. Friday until 10:00 A.M.  Monday and are charged for one day.

 

TERMS AND CONDITIONS

Payment terms are: Rentals that total $100.00 or less are payable upon receipt of equipment.  All other rentals are Net 15 for established credit customers of BGGS Co.  A charge of 1.5% per month will be applied after 15 days and any account over 60 days will be C.O.D.  A Credit application is available to all new customers.  We suggest you apply for an account at least 1 week before your first rental.  If advance notice is not possible a rental may be made by posting a deposit in the amount of the value of the equipment plus the anticipated rental amount in advance.

 

PICK UP AND RETURN

   Equipment is rented on a pick-up and return basis from our facility in Gilroy Ca. Delivery and pick-up by BGGS can be arranged at the rentee's expense.

 

OUT OF TOWN RENTALS Out of town shipments are two days minimum billing.  Shipments made by BGGS will be sent freight collect, and must be returned to BGGS freight and insurance pre-paid.  Although BGGS makes every effort to see that equipment is transported accurately and safely, BGGS cannot be responsible for the performance of common carriers.

 

RESPONSIBILITY

1. All equipment is offered for testing and inspection at our facility. Failure to test or inspect waives the rentee's rights to claim equipment or facilities were not in a good state of repair at the time delivered to the rentee.

2.  Rentee agrees not to make any repairs or authorize any repairs without the Rentor's prior written consent.  Rentee agrees to return the rented equipment in good working order, taking into account normal wear and tear.  Rentee agrees to pay for necessary repairs and damages or use beyond normal wear and tear.

3.  Rentee agrees that the rented equipment or facility is for its own use and will not be sub rented without the permission of BGGS.  Further, rentee agrees to operate the equipment only in accordance with prescribed instructions and standards for professional usage, and to permit only qualified personnel to operate same. Rentee must not cover up, remove or alter BGGS Logos and property tags on equipment.

4.  Rentee further agrees that it shall not permit the rented equipment or facilities to be in violation of any Federal, State, or Municipal laws or regulations.

5.  BGGS makes no warranties expressed or implied as to the fitness for a particular purpose concerning the equipment or facilities.

6.  Acceptance of the rented equipment by BGGS is not a waiver by BGGS of any claims it may have against rentee or any waiver of claims for latent or patent damage to the rented equipment.

7. If any of the rented equipment is lost, destroyed or damaged beyond repair, or for any other reason not returned to BGGS, rentee agrees to pay a sum equal to the rental charge for the period which rentee agrees to lease the equipment or facilities, and the normal and usual cost to replace said equipment with new equipment of similar kind.

8. Loss and Damage of Equipment--Rentee agrees to pay for any continuing rental charges for loss or damage or rental equipment or facilities until such as rentee settles insurance claim on lost or damaged equipment which is out of BGGS rental inventory.

9. Rentee hereby agrees to indemnify and hold harmless BGGS, it’s officers and employees from any and all claims, suits, damages, losses, liabilities, (including Workman’s Compensation for rentee employees and agents either full time or day hired)hired including attorney fees, for loss of life or injury to any person, damage to any property or other damages or losses whatever, resulting directly or indirectly from a cause or occurrence in, upon or directly from a use of rented equipment or facilities.

 

RECOVERY OF EQUIPMENT

1. If for any reason Rentee does not make payments, return equipment or fail to fulfill any and all terms of the rental agreement, the rentor may thereupon terminate this lease and repossess any and all of the rented equipment.

 

INSURANCE

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 BGGS Lighting & Grip Company, upon request, evidence of the insurance coverage, typically a Certificate of Insurance satisfactory to the BGGS Lighting & Grip 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 BGGS Lighting & Grip Company.  Your insurers shall agree to be primarily liable to the BGGS Lighting & Grip for fall performance under the terms and conditions of the Rental Contract. Notwithstanding this paragraph, you shall remain primarily liable  to the BGGS Lighting & Grip Company for fall performance under the terms and conditions of the Rental Contract.  The BGGS Lighting & Grip may enforce it’s remedies directly against you without resorting to your insurance.

 

PROPERTY INSURANCE.  Your insurance should be on a worldwide basis; shalll name the BGGS Lighting & Grip 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 BGGS Lighting & Grip 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 $100,000 $185,000 if you are renting a dolly, crane or Grip Truck.

 

LIABILITY INSURANCE: You shall name BGGS Lighting & Grip Company additional insured on your liability insurance and your liability insurance deemed be 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 aggregate be

Automobile Liability-. $1,000,000 combined single limit

Foreign Liability, if filming outside the U.S.A- or Canada: $1,000,000 per occurrence.

Aircraft Liability, if filming from an aircraft: $5,000,000.

 

THE RIGHTS OF THE BGGS LIGHTING & GRIP ARE NOT AFFECTED BY YOUR NON-PERFORMANCE.  Your insurers shall agree that the rights of the BGGS Lighting & Grip 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 BGGS Lighting & Grip upon request with satisfactory evidence of the insurance, the BGGS Lighting & Grip may, but shall not be obligated to, procure the insurance and you shall reimburse the BGGS Lighting & Grip on demand for its cost.  Lapse or cancellation of the required insurance shall be an immediate and automatic default of this agreement.

 

CANCELLATION

BGGS can require compensation for any loss it may sustain because of the rentee cancelling all or part of an order.

Normal cancellation procedure is to inform BGGS at least 24 hours prior to the rental period or incur at least a 1-day rental charge.

 

SUMMARY

California Law shall control any dispute arising under or pursuant to this agreement.

This agreement involving equipment, facilities and services shall not be amended or modified except by mutual agreement, in writing, signed by both parties.

 

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