Terms:
- Rentee (Client of Emma Live Ltd)
- Rentor (Emma Live Ltd)
- Rental Start Date and End date: Typically the event date times as held within the Emma system
Payment of Rent: Rent is payable in advance at time of booking unless otherwise agreed. Payment must be made before collection or delivery of the Rented Equipment. The Rentee agrees to pay all invoices in accordance with the payment terms. Any payment amendments must be agreed in writing. Payment may be made by bank transfer or bank card.
The Rental Period: The begins on the Rental Start Date and shall continue until the Rental End Date unless this Rental Agreement is terminated earlier or extended in accordance with its terms. Any extensions or changes to the rental dates must be agreed in advance in writing.
Should the Rentee fail to comply with the payment terms, the Rentor reserves the right to: (a) charge the Rentee interest at an annual rate of 15% (1.25% per month) from the date of invoice; (b) cancel the Rental Agreement without notice and recover the Rented Equipment with the Rentee responsible for any- related costs (including all legal costs); and (c) charge the Rentee full retail replacement costs of a new model of the same brand (e.g. Apple) for any Rented Equipment safely returned to the Rentor.
All payments to be made by either party under this Rental Agreement shall be made without withholding or set-off on account of disputes, counterclaims or for any other reason whatsoever. The Rentee hereby accepts these payment conditions. Government VAT taxes: The Rental Payments are exclusive of VAT and any other applicable taxes and duties or similar charges which shall be payable by the Rentee at the rate and in the manner from time to time prescribed by law.
Due Care of Products: The Rentee and it's guests agree to treat all Rented Equipment with good care and maintain, at its own expense, the Rented Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Event Start Date (fair wear and tear only excepted) and shall make good any damage to the Rented Equipment. The Rentor must provide proper cleaning of the Rented Equipment. The Rentee must return all Rented Equipment to the Rentor. Should any Rented Equipment be missing when it is returned to the Rentor, the following fees will be charged to the Rentee: rented products not listed here are invoiced at replacement value.
Estimated Replacement Costs for Rental Equipment
The prices below are for loss or damage to equipment that is beyond repair. Prices exclude VAT.
- iPad 4/Air 9.7 £399
- iPad Mini £299
- iPad Mini (refurbished) £195
- iPad Pro £799
- iPad screen (cracked) £95
- iPad screen (scratched or candle wax) £45
- iPad charger £15
- iPad charger or cable £19
- iPad covers £10
- Payment terminal £125
- Desktop Stand / Floor Stand £60 / £150
- Windows Business Laptop HP/Dell i5 £700
Delivery of Rented Equipment: All Rented Equipment deliveries requested by the Rentee will be sent via a courier on behalf of the Rentor. The Rented Equipment shall at all times remain the property of the Rentor, and the Rentee shall have no right, title or interest in or to the Rented Equipment (save the right to possession and use of the Rented Equipment subject to the terms and conditions of this Rental Agreement). The Rentor shall use all reasonable methods to ensure delivery by the date and time agreed between the parties. Should there be a reason for delay in delivery, the Rentor shall not be held liable for unforeseen circumstances that may hinder a timely delivery. Title and the risk of loss, theft, damage or destruction of the Rented Equipment shall pass to the Rentee on Delivery. The Rented Equipment shall remain at the sole risk of the Rentee during the Rental Period and any further term during which the Rented Equipment is in the possession, custody or control of the Rentee (Risk Period) until such time as the Rented Equipment is returned to the Rentor. The Rentee must notify the Rentor immediately, without delay in writing of any changes to the delivery address and telephone contact numbers.
Use/Rental of Rented Equipment: The Rentee has to check on the complete and proper working condition of all Rented Equipment, including any accessories, upon immediate receipt of the rental delivery or order pick-up and collection. The Rentee acknowledges that it has examined the Rented Equipment before accepting it and is satisfied the Rented Equipment is in good working order. Complaints or appeals for missing items can only be claimed immediately after receipt. Subsequent complaints are not accepted.The Rentee is obliged to treat all iPads and any accessory equipment transferred and rented to them with good, considerate, proper care. The Rentee will look to the manufacturer, and not the Rentor, for any collateral warranty the Rentee may require in relation to the Rented Equipment.
The Rented Equipment must not leave the Rentee, nor can it be sublet or leave the territory of the United Kingdom without written permission from the Rentor. The Rentor has given no warranties regarding the quality, safety, suitability, standard or accuracy of the Rented Equipment. The Rented Equipment shall be deemed returned to the Rentor if it has been handed over to a member of staff of the Rentor. Any Rented Equipment sent back to the Rentor via courier delivery will be signed for in front of the courier company delivery person.
Insurance: The rented equipment is not insured. The Rentee agrees to insure all rented equipment to a value which is not less than its whole replacement value for the whole rental period and any extensions thereafter and accepts all liability for the safe return of all rented equipment.
Return of Rented Equipment: The Rentee may return Rented Equipment in person to the Rentor's office or Rented Equipment may be couriered back to the office using a courier service preferred by the Rentor. All Rented Equipment must be collected by 5pm on the last working day of the Rental End Date by courier (unless returned in person). If Rented Equipment is couriered back, the Rentee is responsible to ensure the Rented Equipment is returned by next-day delivery. If the Rental End Date falls on a week-end or public holiday, the Rented Equipment must be returned at the start of the next business day. The Rentee must prove the Rented Equipment was collected by courier before 5pm on the last rental day of the week-end or public holiday. The Rentee will be charged a pro rata standard daily rate if the Rented Equipment is not returned by the end of the agreed Rental Period. The Rentor reserves the right to extend the rent until the Rented Equipment is returned and to arrange recovery of the Rented Equipment at full retail cost to the Rentee.
Indemnity: The Rentee agrees to indemnify the Rentor against: (i) any loss of or damage to the Rented Equipment; (ii) any death, injury or damage to any person or property arising directly or indirectly from the Rented Equipment or its use; (iii) any loss or liability incurred by the Rentor resulting from the possession, use or operation of the Rented Equipment by the Rentee; (iv) any claim for breach of intellectual property rights arising in connection with any use of the Rented Equipment; (v) any loss arising from any part of this Rental Agreement being void or unenforceable in any circumstances; (vi) any liability which the Rentor may incur under any legislation by reason of the use of the Rented Equipment for any purpose other than as stated by the Rentee to the Rentor; (vii) any claim affecting the Rentor's interest in or title to the Rented Equipment and any action taken by the Rentor to protect such interest and title; (viii) any breach by the Rentee of its obligations under this Rental Agreement including any failure to insure or adequately insure the Rented Equipment; and (ix) the repossession of the Rented Equipment and any related storage, repair and/or sale. Each indemnity in this Rental Agreement is a separate and independent obligation and continues after termination of this Rental Agreement.
Liability: Whilst every care and attention is provided to ensure each rented piece of equipment is in complete, good working order, the Rentee agrees to use the Rented Equipment in the state in which they accept upon delivery. The Rentor is not liable for any damages, injury or loss to any person or property arising from possession, operation or use of the Rented Equipment. The Rentor cannot be held responsible for any damages from interruptions such as force majeure, natural disasters, delay in delivery, Rented Equipment failure or Rented Equipment damage or other interruptions in the contractual services.In such unlikely and unfortunate circumstances. The Rentor will endeavour to propose to the Rentee a suitable alternative with replacement property. Notwithstanding anything contrary in the rental agreement, neither party may limit its liability for: (1) gross negligence or willful misconduct; or (2) any matter for which it would be illegal for the liable party to exclude or limit its liability under applicable law.
Repair of Rented Equipment: In the unlikely event the Rented Equipment fails or malfunctions for reasons other than misuse or accidental damage, then the Rentor will repair the product at no charge to the Rentee (other than delivery costs). In the case of failure or malfunction caused by accident or misuse, the Rented Equipment will be repaired by the Rentor or its appointee and charged to the Rentee. In the event of malfunction, the Rentor reserves the right to replace the Rented Equipment with an equivalent.
Software and Licenses: If any application software or operating system is included in the Rental Agreement then the Rentee guarantees that the only software copies made will be for the purpose of security back-up. The Rentee also guarantees to destroy any back-up copies at the completion of the Rental Period or extension thereof. For use of any iPad Rented Equipment, the Rentee guarantees to be subject to the user terms and conditions of Apple. Full details can be found at: www.apple.com
Should the Rentee request the Rentor to install software other than the operating system on the Rented Equipment, the Rentee guarantees that they are holder of a legitimate licence to the software and consequently have the right to install the software. The Rentee agrees to indemnify and keep indemnified the Rentor from any loss or damage arising from or in connection with the installation or use of the software.
Termination: If any term or condition of this Rental Agreement becomes invalid or unenforceable or there is any error or omission in the information, then the remaining terms and conditions and information shall not be affected and each and every term and condition of this Rental Agreement shall be valid and enforceable to the fullest extent permitted by law.
Privacy Policy: The Rentor will comply with privacy policy in respect of any personal information the Rentee provides to the Rentor. The Rentee accepts the terms in the privacy policy. A full copy of the Privacy Policy can be obtained the Emma Live website. The Rentor reserves the right to use brands and/or logos associated with the Rentee for the sole purpose of marketing.
Order Cancellation: Should the Rentee cancel an order after the order is placed the Rentee will incur a cancellation charge equal to half the rental charges. Should the cancellation occur within working two days of the delivery date, the Rentee will incur a cancellation charge equal to the full rental charge.
Emma Live & Associated brand Website(s): Whilst every effort is made to ensure the information on www.emma-live.com is correct, neither the website owner nor any third party make any representations or warranties to the accuracy, completeness or reliability of the website content.
Governing Law: This Rental Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with English law. A person who is not a party to this Rental Agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
Branding and usage of Logo's notwithstanding anything to the contrary in the rental agreement, Emma Live shall not make public, without first obtaining Customer's written approval, that Customer is Emma Live's client, or use Customer's name or logo in any marketing materials; provided, however, that Emma Live may disclose Customer's name to third parties to the limited extent that such disclosure is reasonably necessary to perform services hereunder
Miscellaneous: Both parties expressly agree that there cannot be any changes or additions made verbally to this Rental Agreement. Any changes or modifications must be made in writing. For clarification in the following definitions: (a) Rentee shall mean and include the Rentee and where appropriate their respective employees, directors, shareholders, representatives, transferees and assigns; (b) Rentor shall mean and include the person firm or corporation trading as Emma Live Ltd and entering into this Rental Agreement as Rentor and its transferees and assigns; c) Rented Equipment shall mean all property including but not limited to Rented Equipment, packaging, covers, chargers, sim cards, stands, apple TV and containers provided to the Rentee by the Rentor; (d) Rental Period shall mean the duration for which the Rentor has agreed to provide the Rented Equipment in accordance with the terms and conditions of this Rental Agreement and any agreed extensions. This contract is based on the law of the United Kingdom.
