Rental Terms and Conditions
Rental Terms and Conditions Inphase, Inc. Equipment Rental Terms and Conditions This Agreement (“Agreement”) is made as by and between Inphase, Inc., a California Corporation (“Inphase, Inc.”) and the Lessee. Lessee hereby leases the Equipment from Inphase, Inc. on the Terms and Conditions set forth in the invoice and/or Quote (the “Invoice” or “Quote”) which accompanies this Agreement. The term of this Agreement shall commence as of the Effective Date and expire on the date on which all obligations of the parties have been fulfilled (“Term”), unless sooner terminated in accordance with the terms and conditions of this Agreement: 1. Term Of Agreement The term of the rental of the Equipment (the “Term”) is from the date specified in the Invoice as the date of rental and continues until the applicable of the following: 1a. In the case where the Equipment is returned to Inphase, Inc. (at such location designated by Inphase, Inc.) during normal business hours and there is no Applicable Equipment, on the later of (i) the date of the return of the Equipment or (ii) the payment in full of all amounts due to Inphase, Inc. from Lessee. In the case where the Equipment is returned to Inphase, Inc. (at such location designated by Inphase, Inc.) and there is Applicable Equipment, on the later of (i) the date on which all of the terms set forth regarding the repair or replacement of the Applicable Equipment are fully satisfied or (ii) the date on which the payment in full of all amounts due to Inphase, Inc. from Lessee occurs. 1b. In the case where the Equipment is lost, stolen, destroyed or otherwise disappears, the later of (i) the date on which all the terms set forth regarding the Equipment are fully satisfied or (ii) the date on which the payment in full of all amounts due to Inphase, Inc. from Lessee occurs. Applicable Equipment. As used herein, the term “Applicable Equipment” means any Equipment which is not properly operating, including any Equipment which has been damaged regardless of the extent of such damage or the cause of such damage. The final determination as to whether any item of Equipment constitutes Applicable Equipment shall be made in the sole discretion of Inphase, Inc. based upon the inspection of the Equipment by Inphase, Inc., provided that at any time Lessee may (at Lessee’s sole cost and expense) return the Equipment to Inphase, Inc. together with a notice given to Inphase, Inc. in good faith which states that the Equipment being returned is not properly operating or is damaged. If at any time there is Applicable Equipment, then the following shall apply: Lessee shall, at Lessee’s sole cost and expense, return the Applicable Equipment to Inphase, Inc. Inphase, Inc. shall determine the cause of the problem regarding such Applicable Equipment, which determination shall be binding and conclusive upon Lessee. If (i) Inphase, Inc. determines that the problem with the Applicable Equipment was not caused by Lessee and (ii) the return of the Applicable Equipment is not in connection with the end of the Term, then Inphase, Inc. shall make a reasonable effort to promptly repair or replace the Applicable Equipment and subsequently deliver such repaired or replaced. Equipment to Lessee at Lessee’s expense (unless Lessee notifies Inphase, Inc. that such Applicable Equipment is no longer a part of the Equipment which Lessee desires to lease, in which case Inphase, Inc. shall have no obligation to repair or replace the Applicable Equipment). If (i) Inphase, Inc. determines that the problem with the Applicable Equipment was caused by the actions or omissions of Lessee and (ii) the return of the Applicable Equipment is not in connection with the end of the Term, then (a) Inphase, Inc. shall make a reasonable effort to promptly repair or replace the Applicable Equipment and (b) Lessee shall be responsible for the cost of replacing the Applicable Equipment (or the closest comparably equipped model), at current retail prices less any discounts available, without deduction for depreciation, plus transportation, tax and setup charges attendant to the replacement equipment (which replacement equipment shall thereafter be included within the term “Equipment” as used herein). Lessee acknowledges that the prompt repair or replacement of the Applicable Equipment may not be possible and releases Inphase, Inc. from any and all liability associated with the Applicable Equipment. If (i) Inphase, Inc. determines that the problem with the Applicable Equipment was caused by the actions or omissions of Lessee and (ii) the return of the Applicable Equipment is in connection with the end of the Term, then Lessee will be responsible for the cost of replacing the Applicable Equipment (or the closest comparably equipped model), at current retail prices less any discounts available, without deduction for depreciation, plus transportation, tax and setup charges attendant to the replacement equipment (which replacement equipment shall thereafter be included within the term “Equipment” as used herein). If (i) Inphase, Inc. determines that the problem with the Applicable Equipment was not caused by Lessee and (ii) the return of the Applicable Equipment is in connection with the end of the Term, then Lessee shall not be responsible for the cost of replacing the Applicable Equipment, provided that nothing contained herein shall mean or be construed to mean that Lessee is entitled (a) to any refund of any amount previously paid by Lessee to Inphase, Inc. or (ii) to any reduction of any amount which remains payable by Lessee to Inphase, Inc. All such costs and charges payable by Lessee shall be charged to Lessee’s credit card. 2. Crew / Labor. To the extent Inphase, Inc. Crew (“Crew”, “Labor” and/or “Personnel”) is contracted per the Agreement with Lessee, including specific personnel identified for the Event, Inphase, Inc. retains the right to substitute any Crew member provided that the replacement possesses qualifications appropriate for the assigned task. Lessee agrees to arrange and pay for all travel expenses for the Crew during the Term, including airfare, airline fees, accommodations,