T&C

Terms & Conditions

RENTAL AGREEMENT

The RENTAL AGREEMENT is made between Nimba (“Renter”) and the Person/Company (“Rentee”) renting from us.

RENTAL TERM
This is a lease of the equipment and accessories (hereinafter collectively referred to as “equipment”) described below and not for sale, conditional or otherwise thereof. The rental shall commence on the day the property is delivered to you and shall continue until the property is returned to us, complete and in good working order.

TITLE
You acknowledge that the property rented by you belongs to us and that you cannot sell, pledge, mortgage or otherwise dispose of the property.

LOCATION
Except for laptops, projectors, camcorders and cameras, the property shall be kept at the Equipment Location you have provided us and may not be moved or relocated without prior written permission.

USAGE
Rentee shall comply with all laws, ordinances and regulations in anywise relating to the use, operation or maintenance of the equipment. You may use our property, but you may not abuse it. In particular, you must provide a suitable location, including appropriate electrical power, for our property and comply with the manufacturer’s operating instructions. You may not physically alter or modify our property without our written permission. It is crucial that you maintain regular back-ups of your data. We will not be held responsible for data loss of any kind. Renter’s property labels shall not be removed. Rentee is responsible for removing Rentee’s identifying labels before returning the equipment.

ACCEPTANCE
Rentee or its representatives are required to be present at the agreed delivery location to accept the ordered products as per the rental agreement which acknowledges that they have fully inspected and accepted the said equipment in good condition. Any questions or concerns should be raised when the products are delivered to the show site. Any modifications what so ever should be done before Renter delivery crew leaves the venue. No modifications or changes or returns will be accepted after the delivery is done. Product rental charges are due in full, once the Renter delivery crew leaves the venue in consideration of Renter preparing, holding in reserve, or renting equipment on Rentee’s behalf. Renter shall be entitled to full compensation from Rentee for canceling of all or part of an order. No refunds will be entitled to the Rentee.

INSPECTION

At all times during business hours, Renter shall have the right to inspect the equipment or observe it’s use.

REPAIRS
During the term of the rental, we are responsible for the maintenance of our property resulting from normal usage. If the property malfunctions or is damaged in any way, you must notify us immediately and we will, at our discretion, repair or replace the defective property within one business day. However, if the malfunction is the result of your abuse, neglect, misuse, alterations or modifications, you will be responsible for the costs associated with such service calls including replacement parts.

CREDIT APPROVAL
We are not obligated to deliver the property unless and until your credit is approved by us. We reserve the right to refuse our services to anyone.

WARRANTY
Other than providing you with our property in good working order, we make no warranties, either expressed or implied, including merchant-ability and fitness for a particular purpose. Specifically, you acknowledge that the property and, where applicable, the software was selected by you as being suitable for your needs. Computer virus software, if installed, is not guaranteed to stop all computer virus attacks. Costs incurred by you for virus protection/removal, file repair and data recovery are your sole responsibility.

DISCLAIMER
We are not responsible and have no liability for damages directly or indirectly including consequential damages that may result from the rental of our property.

PAYMENT
All Payments including applicable taxes and/or shipping and delivery charges are due in full at the beginning of the initial rental term and on the first day of each subsequent rental period. All other payments are due when billed.

RENEWALS AND RATE CHANGES
The rental will automatically be renewed for successive rental periods following the initial rental term. However, we reserve the right to adjust our rate.

CANCELLATION, EARLY TERMINATION AND LATE RETURN CHARGES
To maintain our already low prices we have a strict no cancellation and no refund policy.

WAITING FEE / RESCHEDULE FEE
In the event that our technician has arrived for a scheduled delivery or pickup, and you are not ready to receive or return the rented equipment, there will be a charge of $50 per 30 minutes of waiting time. Alternatively you can reschedule the delivery or pickup for a later date and/or time for a $50 rescheduling fee.

SERVICE CALLS
In the event our technician is needed on-site to troubleshoot an issue (ex: printer connectivity, internet connectivity, etc.), and the problem was not due to our equipment, a service charge will be billed at a rate of $50 per half hour plus travel time.

PURCHASE OPTION
At the conclusion of the initial rental term or any subsequent extension(s), you may purchase our property by contacting us for the purchase price of the equipment.

DAMAGE
If the equipment is lost, damaged or stolen whole under your care, we will charge you the retail value of the equipment (including all accessories).

ATTORNEY’S FEES/COSTS
Rentee agrees that Nimba in any arbitration or court proceeding arising out of or related to the rental will be entitled to recover an award of its Attorney’s fees and expert witness fees, costs and pre and post judgement interest at the highest available legal rate.

LESSOR’S ENFORCEMENT EXPENSES/VENUE:
Rentee shall pay Renter all costs and expenses, including attorney’s fees, incurred by Renter in exercising any of its rights or remedies here under or enforcing any of the terms, conditions, or provisions hereof. This contract shall be deemed entered into and to be performed in California. Any legal proceedings regarding the same shall be entered in applicable California Courts.

DISPUTES INVOLVING CREDIT CARD PAYMENTS
As a condition of Nimba agreeing to accept your credit card as an approved form of payment for all rental charges, you specifically agree to waive any rights you may have under applicable state and federal truth in lending loss or otherwise (including, but not limited to, under your credit card issuers procedures for resolving such disputes) to receive a temporary credit from your credit card issuer for disputed charges arising from you credit card transactions with Nimba (commonly referred to as a “chargeback”). You agree that any disputes that you may raise with respect to any rental charges must be addressed directly by you and Nimba, and the parties agree to work in good faith to resolve any such disputed charges in a timely manner.

DEFAULT
We may terminate the rental if you fail to honor your obligations under this agreement. Under any of these circumstances, you will remain liable for the return of our property, complete and in good working order, all outstanding payments and any payments due for the balance of the initial rental term or its extension. Furthermore, you will be responsible for agreed collection and/or attorney’s fees and all other related expenses. Upon Rentee’s default or breach of any provision hereof, Renter shall have, in addition to all legal remedies available to him, the right to take possession of any or all items of equipment, without demand or notice, wherever the same may be located, without any court order or other process of law and Rentee hereby waives any and all damages occasioned by the said taking.

GENERAL PROVISIONS
This contract is the entire agreement between you and us and cannot be changed except in writing and signed by both of us. By using this website and its services you agree to be bound by these terms. You may not use our services if you do not accept the terms. Please do not access and use our services if you do not agree to be bound by all of our above terms. We reserve the right to change these terms at any time.

FRAUD & THEFT REVIEW
We carefully review all orders to prevent theft and fraud. During this process we may contact you for additional information. We reserve the right to further investigate and/or cancel any orders that we identify as potentially fraudulent. If we elect to cancel an order due to fraud concerns we will make every effort to notify the customer promptly and work toward a resolution if possible.

DEPOSIT
For some orders, we will require a security deposit either with a personal bank check or your credit card details and/or drivers license information. When applicable, this security deposit information will be asked during the equipment delivery or shown during the checkout process on our web site. Upon the return of our property, complete and in good working order, and the payment of all outstanding charges, we will return your security deposit. If you return the equipment with damage, you will be charged the deductible (or the cost of repair, whichever is less). In certain circumstances, for additional security requirements for high-value rentals, we will also require you to scan and upload (fax or email) a copy of your driver’s licenses and credit card along with the agreement form. This assists us in preventing and prosecuting fraud. We will contact you if this requirement applies to your order.