Renter shall during the rental term keep and maintain the above described equipment in good condition and shall be responsible for any loss, casualty, damage or destruction to said equipment notwithstanding how such damage was caused.
Evaluator agrees to return said property in its present condition, reasonable wear and tear accepted. Evaluator shall take on liability of any equipment once it leaves the Digital Touch Systems facility and holds liability of equipment until items return to Digital Touch Systems.
Digital Touch Systems will provide a shipping list of all peripheral items associated with the equipment (remote controls, cords, etc.) and verify the functionality of the equipment prior to shipping or will call. Payment of final invoices will not hinge on the functioning or lack thereof of the equipment rented.
Digital Touch Systems makes no warranties, express or implied. Renter accepts the equipment in “as is” condition. Renter agrees to inspect and verify the functionality of the equipment upon receipt and to notify Digital Touch Systems of any damages, malfunction, or missing components so that appropriate measures can be taken.
The equipment shall remain, at all times, the property of Digital Touch Systems unless a sales agreement is negotiated for purchase of the equipment separate from this agreement.
The evaluator agrees to pay additional rental on equipment at the agreed daily rate each day, beginning on the designated return date if equipment has not been delivered to Digital Touch Systems. Rental for late returns shall be deducted from the security deposit or invoiced for at a later date.
The evaluator assumes all risk of loss and damage to the equipment from every cause whatsoever, while the equipment is in the renter’s possession. Any peripheral items associated with the equipment and included on the shipping list must be returned with the equipment no later than the designated return date. The renter agrees to pay list price for any items which are not returned by the designated return date. These charges may be deducted from the security deposit, but in most cases will be invoiced for once items are returned.
Regardless of cause, the renter and its employees or agents waive the right to make any claim against Digital Touch Systems for loss of anticipatory profits, or any other indirect, special, or consequential damages. Additionally, renter and its employees or agents waive any right to make any claim against Digital Touch Systems for damages resulting from misuse of the equipment or for personal injury resulting from use of the equipment.
Evaluator is responsible for 2-way shipping costs no matter the outcome of the evaluation period. Evaluator will supply a credit card number in the event the equipment is not returned. This card shall be used for the final payment of the invoice in the event the evaluator wishes to keep the equipment or to pay for shipping and damages. Customer can elect to pay with a different form of payment if they wish.
This evaluation contract shall be construed in accordance with and governed by the laws of the State of Texas, without regard to its conflict of laws provision. The prevailing party in any legal proceeding concerning this rental agreement shall be entitled to recover reasonable attorney’s fees and costs of collection.