Terms & Conditions

Rental Agreement

This agreement set forth by VFXNow, LLC. (‘The Company’) defines the appropriate terms and conditions of hardware rentals (“Equipment”) provided as service to the (“Customer”) organization. All rental orders and equipment provided by the Company are subject to this contract.

1. Rental Period

1.1. The default rental period for all equipment provided by the Company is one calendar month. The minimum rental period is one week (Mon-Sun). Rental period can be pre-defined at Customer request.

1.2. Unless the rental period has been pre-defined by the Customer, all monthly rental orders will default to a start of the 1st of each month and re-occur on the 1st of each following month until returned. Should the rental start or return at any period after the 1st or before the end of the month, the order will be prorated to weekly minimums.

1.3. The rental period will start on the day of delivery to the Customer and ends the day the equipment is returned to the Company. If the Customer opts to have the equipment picked up by the Company, the rental will end the day the equipment is picked up and returned.

1.4. The Company reserves the right to terminate any rental order without notice.

1.5. The Customer has the option the renew and extend the rental at the end of each invoiced rental period.

1.6. All rental Equipment will be subject to re-occurring on the monthly schedule unless a defined term has been set by the Customer and can be cancelled with your account manager at any time.

2. Rental Requirements

2.1. The Company may require a valid government issued ID to be kept on file and must be provided before any rental services are provided on behalf of the Company.

2.2. This signed agreement which constitutes the appropriate terms and conditions for any business provided by the Company hereof.

2.3. Proper accounting information forms detailing the correct billing contacts for the Customer and/or organization.

2.4. A Certificate of Insurance (COI) may be requested from the Company prior to the rental services to be provided. If requested, a valid document must be provided to the Company and must be listed as the additional insured as listed:

2.4.1. VFXnow, LLC., 134 W. Verdugo Ave., Burbank, CA 91502.

2.4.2. The coverage of the insurance should have proper minimums for general liability and rented premises of up to $1M per occurrence, or otherwise, coverage values greater than the full value of rented Equipment.

2.4.3. If Insurance cannot be provided by the Customer, VFXnow may add an insurance charge to retain liability of the hardware while in Customer possession.

3. Payment Terms & Billing

3.1. All invoiced rental charges will be subject to Net 15 terms or otherwise agreed upon for all monthly rentals

3.2. All invoiced rental charges will be subject to No Terms for all weekly rentals and must be paid immediately upon receipt, billed on each Monday of each subsequent week.

3.3. All Equipment rentals provided on behalf of the Company are invoiced at time of shipment, or otherwise at time of departure from the Company facility. For re-occurring rentals, each invoice received by the Customer will be for the calendar month and/or week in advance.

3.3.1.The Customer may pay by means of credit/debit card, bank transfer and/or check. All applicable fees will be paid on behalf of the Customer unless otherwise noted by the Company.

3.3.2. Automatic payments by ACH or credit/debit card are accepted and will result in a discount applied to the rental order and associated Equipment. Pursuant of proper documentation, the Company shall only autopay the rental Equipment invoice upon preapproval from the Customer.

3.4. . During the term of this Rental, the Customer shall pay all taxes, assessments, and license and registration fees on the equipment.

3.4.1. Default. The occurrence of any of the following shall constitute default under this hire The failure to make a required payment for the Equipment rental as invoiced. The violation of any other provision or requirement that is not corrected within 4 day(s) as per written notice of when the violation is given. The insolvency or bankruptcy of the Customer. The subjection of any of Customer’s property to any levy, seizure, assignment, application or sale for or by any creditor or government agency. If the Customer is in default under the rental, the Company, by law, can repossess the Equipment immediately without notice and deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold
the Customer responsible for any deficiency. The Company shall NOT be obligated to re-rent the equipment, or otherwise mitigate the damages from the default. The Company has the right to refuse any new orders and/or shipments on existing orders if the Customer has past due balances.

3.4.2. Any overdue balances that reach 30-days in age will be subject to a collection process. This process may include the use of 3rd party agencies and/or legal action. Overdue balances are subject to an interest charge of the greatest amount allowed by law. The
customer will be responsible for all costs and interest incurred in collection.

3.4.3. All rental equipment must be returned or shipped to the Company within 7-days of notice a default termination. Failure to return the hardware will result in the full value of the equipment being invoiced to the Customer, applied to collections and may constitute legal action for proper repossession.

3.5. The Company at any time may require a security deposit of the greater of $250 and/or up to 50% of the monthly rental rate. The deposit will be held for the rental period and released upon return of the equipment and equipment health. If a deposit is required, the Company will not release the equipment until deposit has been collected.

4. Acceptable Use 

4.1. Care and Operation.

4.1.1. The Customer shall maintain the equipment in good repair and operating condition, allowing for reasonable wear and tear.

4.1.2. Equipment provided on behalf of the Company shall not be used in any unlawful manor and remain within limits of use subject to local, state and federal laws. Should the equipment be subject to any unlawful use or investigation, the Company will not be liable for any occurred damages or hardware responsibilit Installation of unlawful software and/or hardware on/in the Equipment is prohibited. The Customer, by law, cannot legally possess or allow any lien, levy, or legal process against the Equipment provided by the Company.

4.1.3. Proper maintenance and care of the Equipment will be at the sole responsibility of the Customer and must return as received.

4.2. Data Management

4.2.1. All data residing on the rented Equipment is sole ownership of the Customer and the Company is not responsible for proper backups, data loss, or claims against stored data.

4.3. Equipment Functionality, Risk of Loss, Damages

4.3.1. Normal hardware defects will attempt to be repaired by the Company, and should a replacement be required, a comparable unit will be provided at no additional cost to the Customer, as stock availability allows.

4.3.2. Should loss or damage occur while the equipment is in customer possession, the Company has the right to charge full value for any Equipment subject to loss and any repair charges for damaged Equipment from gross negligence. If the full loss occurs, the
Customer will be liable for paying full value and or replacing the Equipment with that of like Equipment and will be deemed property of the Company.

4.3.3. If the Equipment is subject to repair upon return to the Company, the Customer will be charged the full rental fee until the Equipment has been repaired to a working state.

4.3.4. Should the Equipment require repair and/or replacement and a security deposit was required, the Company has the right to utilize the deposit if the repairs and or value is greater.

5. Right to Inspection

5.1. The Company shall have the right to physically inspect the equipment at any site or location during normal business operating hours and a notice may be provided.

6. Acceptance

6.1. The Customer shall inspect all equipment at receipt. The Company shall be immediately notified of any discrepancies in order items and or functionality of the equipment as noticed by the Customer. If the Customer fails to provide such notice to the Company within two-days of receipt, the Customer will be conclusively presumed to have accepted the equipment

6.2. Any subsequent claim after two-days of receipt to which the equipment was not provided in fully functional order will not be considered.

7. Returns

7.1. At the end of the Rental period, the Customer shall be obligated to return the equipment to the Company at the Customer expense. This includes but is not limited to; freight, insurance or customs charges related to the rented equipment. The Company will provide the most costenicient method of transport unless otherwise requested by the Customer.

7.2. The Customer may request the gear to be picked up at no extra charge within 30-miles from the Company headquarters and during normal business hours.

7.3. Upon Equipment return, all data that may reside on the Equipment will be destroyed. The Company is not responsible for providing, storing, or ensuring continuity of data once returned.

7.4. If returned hardware is subject to a form of encryption, such as BitLocker, File vault, etc., the Customer will be charged $100 per instance and have 15-days to remove the encryption allowing the Equipment to properly be used by the Company. If the encryption has not been removed by 15-days after notice from Company, the rental equipment will be subject to full monthly rental rates for up to 3-months or until resolved. Should the hardware encryption not be removed after 3-months since notice, the Company will charge the Customer for the full value of the Equipment and once paid, a transfer of ownership will be processed and the Equipment will be returned to the Customer, with all applicable shipping fees paid by the

8. Ownership, Rent-To-Own, Buyout

8.1. Ownership.

8.1.1. The equipment will be deemed to be personal property, regardless of the way it may becattached to any other property. The Company will retain the title to the equipment, unless the Company transfers ownership with title.

8.1.2. At any point during the rental period, the Company may process a transfer of ownership under certain factors of purchase, rental period length or fees paid. In some cases, this can be a 12-month period and is solely determined by the Company

8.1. Rent-To-Own (RTO).

8.2.1. The Customer has the option to request Rent-To-Own on any applicable Equipment order, prior to receiving the order. The customer will have the option for 3-month, 6-month and 12-month financing provided on behalf of the Company All Rent-To-Own orders may be subject to a verified credit check of the Customer prior to hardware being provided by the Company All Rent-To-Own orders will be subject to applicable interest fees.

8.2.2. At the end of a RTO term, the Company provides a transfer of ownership at final installment enectivity releasing the property and title of listed Equipment to the Customer

8.3. Buyout.

8.3.1. At any point during the rental period, the Customer may request a buyout of the equipment. The Company will provide a buyout quote for the hardware and will be discounted by 50% of the rental fees paid to date by the Customer on the associated Equipment for purchase.

8.3.2. Once a buyout invoice has been paid, a transfer of ownership to the Customer is processed. All property and associated titles subject to the transfer will be deemed Customer property upon receipt

9. Warranty

9.1. The Company makes no warranties; express or implied, as to the equipment rented.

9.2. The Company may provide warranty upon any purchasable actions, such as direct sales, RentTo-Own, buyouts and other means of sale on Equipment and is represented as a line item in the purchase invoice and in the Warranty, Agreement provided to the Customer on behalf of the Company

9.3. Associated warranty will begin at the time of sale and is valid only for the specified term noted. If the warranty is expired, VFXnow may provide a free diagnosis on the hardware and either propose a warranty extension or appropriate components/services to assist with the returning the Equipment to the proper operating condition. Any costs associated with the claim will be billed to the Customer.

9.3.1. Warranties may be extended at the sole discretion of the Company and for additional terms of 1-year or 3-years.

9.4. Warranty does not cover acts of gross negligence or improper care of the Equipment, should any claims discovery determine such factors are applied, the warranty may be voided and full cost to remediate will be provided to the Customer.

9.4.1. Warranty coverage. Repairs – All applicable repairs to bring the Equipment to full operating condition will be performed and provided by the Company at no additional charge. Parts – All applicable parts to bring the Equipment to full operating condition will be provided by the Company at no additional charge. Labor – Labor provided by the Company to provided associated repairs will be at no additional charge.

10. Entire Agreement & Governing Law

10.1. The Customer shall not assign or sublet any interest in the rental Equipment or permit the Equipment to be used by anyone other than the Customer or Customer’s employees, without the Company’s prior written consent and approval. Failure to notify the Company of such trade may nullify the rental Equipment and/or termination of the rental.

10.2. This contract constitutes the entire agreement between the parties. No modification or amendment of this contract shall be enective unless in writing and signed by both parties. This contract replaces all prior agreements between the parties.

10.3. This contract shall be construed in accordance with the laws of the State of California.

10.4. The failure of either party to enforce any provision of this contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this contract

10.5. The Customer certifies that the application, statements, trade references, and financial reports submitted to Company are true and correct and any material misrepresentation will constitute default under this contract.

10.6. If any court of competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted and the validity and enforceability of the other provisions of this agreement shall not be anected.

10.7. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. 

5 VFXnow, LLC. Rental Agreement – Rev 2024.6

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