The following are the terms and conditions that apply to the rental of equipment from Viagente Limited. (Viagente).
By accepting equipment furnished under this agreement, the customer whose name appears on the rental agreement / invoice accepts and agrees to these terms and conditions.
Any modification to the terms and conditions must be in writing and signed by a representative of Viagente.
Equipment as referred to herein shall include all related accessories, manuals and other items to be delivered as specified on the attached invoice.
Warranty
With respect to rental service, Viagente warrants to the Customer only that rental equipment when shipped is in good operating condition.
IF equipment is not received in good operating condition due to no fault of the Customer, Viagente shall (at its option) either repair equipment or supply replacement equipment subject to availability from Viagente’s inventory.
Defects or discrepancies in or like objection to equipment must be reported to Viagente within 48 hours after Customer receives the equipment, failing which it will be conclusively presumed that the equipment was as rented, was received in good condition and is accepted.
The remedies provided herein are Customer’s sole and exclusive remedies. In no event shall Viagente be liable for direct, indirect, special, incidental or consequential damaged (including loss of profits) whether based on contract or any other legal theory.
Viagente makes no warranty expressed or implied that the equipment is fit for any particular purpose. Upon notice from Customer during the course of rental and upon return of equipment by Customer, Viagente will, at its option, repair or recalibrate malfunctioning equipment.
Payment Terms
Viagente does not offer any terms for payment. All payment for rentals must be made prior to rental. All applicable taxes will be added to the invoice and are payable by Customer.
Pickup
Viagente will do its best to ready the product for pickup at the location indicated by the renter. Viagente shall not be liable for delays in performance hereunder due to causes beyond its control including, but not limited to, acts of nature, acts of government, labor disputes, delays in delivery or non-delivery by Viagente’s suppliers.
Liability
Viagente shall not be responsible for loss or damage to Customer’s business or property or for injury or death to persons; and Customer shall indemnify Viagente and hold it harmless for claims for any of the foregoing, including associated legal fees and expenses.
Default
Should customer default in its obligations, Customer agrees to pay Viagente for all costs and expenses incurred by Viagente in recovering the equipment or monies due and enforcing its rights.
Viagente shall be entitled to recover its legal fees and expenses whether or not formal legal action is instituted.
Notifications
Any required notices shall be given in writing at the address of Viagente or Customer as shown on the front of this contract or to such other address as either party may substitute by written notice to the other.
Assignment
Neither Viagente or Customer may assign or transfer any rights, duties or obligations herein without the prior written consent of the other, and any purported attempt to do so shall be null and void.
Waiver
Should Viagente choose not to exercise any of its rights, that shall not constitute or be deemed a waiver or forfeiture of such rights.
Purchase Rights
Customer has no purchase rights or purchase options under this agreement.
Governmental Jurisdiction
Viagente shall be notified in writing of any binding governmental procurement regulations that will affect this contract.
This agreement shall be governed by the laws of the United Kingdon.
Errors
Stenographic, typographic and clerical errors in this agreement are subject to correction and Customer hereby agrees to re-execute any document that requires correction or signature.
Ownership
Rental equipment remains the property of Viagente. Customer shall not remove, deface or obscure ownership labels.
Rates
Rates are based on daily, weekly and monthly time periods. Rentals continuing beyond the initial time period requested are billed at the daily rate, until that exceeds the weekly rate.
Rental charges will commence the day the rental is picked up or delivered to the renter. Rental charges cease on the day equipment is received at the designated Viagente facility. There are no credits or rebates for early return.
Equipment Usage
Customer shall not make any alterations, additions, modifications or improvements to the equipment and shall use it only for the purpose and in the manner for which it was intended by the manufacturer.
Customer may not permit the equipment to be used by another party or at a different location without the express written consent of Viagente.
