TERMS & CONDITIONS OF RENTAL
- Restgate Technologies Pvt Ltd / Odyssey Media Innovations Pvt Ltd (the owners) hereafter referred to as Restgate/Odyssey agrees to let the hirer rent equipment upon agreeing to and adhering to the following terms and conditions.
- The rental as set out overleaf shall be payable in advance or as specified overleaf. The first payment must be made and funds cleared either prior to delivery or on the date of delivery of the equipment to the hirer, or strictly met within thirty days of the invoice date. The stipulation as to the time of payment of the rental shall be of the essence of this agreement. The owners may charge and the hirer shall pay interest at the rate of 3% per annum above the Finance House Base Rate, for the time being unpaid, all sums which may be due from the hirer to owners hereunder, and for the time being unpaid, such interest will be calculated from the rental date until the payment is received in full.
- The hiring shall be for the minimum period set out overleaf commencing on the date of delivery of the equipment and shall continue thereafter until terminated by written notice from the Hirer not less than half the minimum period or 30 days (whichever is the shorter) expiring at the end of said minimum period or any time thereafter. Such termination shall be subject to the Hirer giving up possession of the equipment to Restgate/Odyssey on the termination date.
- By taking delivery of the equipment the hirer shall be deemed to have examined the equipment and to have found it to be in good order and condition and reasonably fit for its purpose. No liability shall attach to Restgate/Odyssey for any delay in delivery of the equipment or performance hereunder due to unforeseen circumstances or due to causes beyond its control including but not limited to acts of nature, acts of government, labour disputes, delays in transport and delays in delivery or non delivery by the owner’s suppliers. Delivery dates quoted are intended as estimates only although every endeavour will be made to adhere to them. In no circumstances shall the owners be liable for delay in delivery arising from any cause whatever.
- The Hirer shall indemnify Restgate/Odyssey against any loss, damage or any injury to persons or property occurring in connection with any of the equipment or as a result of the use there of whilst in the Hirers control, provided that Odyssey do not seek to limit their liability for death or personal injury caused by negligence of Odyssey or its employees.
- Rental period is starting at 0000 and will end at 2400 (24 hours clock) on the same day. Additional resources and extra rental of daily rental charges(1 day rental) will be applicable after 12 midnight. Restgate/Odyssey has the right to deny any request to extend the rental period of ongoing rentals
- The Hirer agrees fully to indemnify Restgate/Odyssey against any loss or damage (including legal expenses on an indemnity basis) suffered by Restgate/Odyssey as a result of any third party claim (whether successful or not) relating to the use of software on the equipment while in the Hirers control.
- The equipment is and shall remain throughout the currency of this agreement the sole property of Restgate/Odyssey . The entire risk of loss or damage to the equipment from any occurrence whatsoever shall be assumed by the Hirer on commencement of this agreement, and the Hirer shall give Restgate/Odyssey written notice of any loss or damage within three days of its occurrence and shall reimburse Odyssey in respect of any such loss or damage within 14 days. In the case of loss, theft or late return of equipment, the hirer will be held responsible for all rent at agreed rates until the equipment is either returned to Restgate/Odyssey or in the case of a loss or theft, Restgate/Odyssey is reimbursed in full by the hirer or the hirer’s insurance company.
- The Hirer shall keep the equipment insured to its full replacement value against loss or damage, fire, theft, terrorism and other risks such as are normally insured by a reasonably prudent person with an insurance company of good repute. The Hirer shall inform the insurers that the equipment is the property of Restgate/Odyssey and shall insure that the interest of Restgate/Odyssey is endorsed on the policy. Upon demand by Restgate/Odyssey the Hirer shall produce to Restgate/Odyssey the policy of insurance and receipt for the last premium and shall abide by all terms and conditions of the policy insurance at all times.
- All the payments has to settle prior to the start of the rental. Any payment delays, Cheque Returns\Rejects & Non payment of item damages will be subject to blacklist the customer to the public on http://digitalsignage.lk/blacklist/ including company/ associations and personnel details with photographs
- i) The option must be agreed and paid for prior to the start of the rental by bank deposit or online transfer.
- ii) Excludes equipment left unattended on an unsecured site or motor vehicle.
- iii) Excludes theft unless following violent and forcible entry or exit from hirer’s premises.
- iv) Excludes all ancillaries and consumables.
Fees once paid will not be refunded under any circumstances. Temporary bookings are valid 48 Hrs only
- Throughout the currency of this agreement the equipment shall remain at the Hirers delivery address as specified overleaf.
- No warranty expressed or implied is given by Odyssey/Restgate as to the state and condition of the equipment at the commencement of hire or of the fitness of the equipment for the specific purpose of the Hirer.
- During the currency of this agreement the equipment may be serviced only by Odyssey/Restgate who shall provide such service during normal business hours. Charges for such service will be for out of pocket expenses only except in the case of damage due to accident, misuse or neglect which will be payable by the Hirer in full on demand.
- The responsibility for maintaining the equipment in good and substantial repair and proper working order (fair wear and tear excepted) shall throughout the currency of this agreement be the Hirers.
- In the event that the Hirer commits any breach of the terms of this agreement Odyssey/Restgate shall be entitled to terminate the agreement forthwith by written notice. Upon such termination the Hirer shall cease to be in possession of the equipment with the consent of Odyssey. If Odyssey/Restgate terminate the agreement pursuant to this clause, prior to the end of the rental period the outstanding rental for the full rental period shall become payable immediately by the Hirer.
- If the Hirer becomes insolvent or unable to meet its debts as they mature or makes any voluntary arrangement with its creditors or becomes subject to an administration order or any proceedings for its receivership, liquidation or the like under any jurisdiction. Odyssey/Restgate may terminate this agreement forthwith.
- At any time after termination of this agreement by whatever means Odyssey/Restgate may without notice enter upon premises belonging to or in the occupation or control of the Hirer to retake possession of the equipment.
- Should the hirer wish to cancel the rental agreement prior to deliver for any reason after an e-mailed, faxed or posted order has been received by Odyssey/Restgate, the following cancellation charges are payable within 14 days of the cancellation date:
- i) On confirmation = 50% of Total Invoice Price to reserve items.
- ii) Up to 24 hours prior to delivery = 100% of Total Invoice Price to schedule the delivery/ pickup.
- The hirer must confirm any new orders by returning by fax,email or a sales/purchase order containing all the relevant rental details and costings. Amendments or changes to orders (including cancellations) must be notified to Odyssey/Restgate in writing and must be acknowledged in writing by an authorised member of Odyssey/Restgate staff. Any changes made verbally and not confirmed in writing are unofficial and void.
- In the event of the hirer being unwilling or unable to pay outstanding payments for rentals prior to the delivery of equipment, the new agreement will still act as a cancelled order and the hirer will still be held responsible for 100% of total invoice price (including any delivery and service charges) . The owners may charge and the hirer shall pay interest at the rate of 3% per annum above the Finance House Base Rate for the time being on all sums which, from time to time, may be due from the hirer to owners hereunder and for the time being unpaid, such interest being calculated from the date until the payment is received.