BRL Test, Inc equipment purchase or rental terms and conditions
BRL Test, Inc. provides warranty coverage for the agreed written period after purchase or during the rental period. If said equipment fails to preform within the manufacturers specification during the warranty period due to no fault of the customer, BRL Test, Inc. shall (at its option) either repair equipment or supply replacement equipment which is subject to availability. Failure or damage from misuse or mishandling is not covered under warranty and customer will be responsible for all repair and replacement charges. BRL Test, Inc. makes no warranty expressed or implied that the equipment is fit for any particular purpose.
Payment terms are NET 30 days from date of invoice except when otherwise agreed upon in writing by customer and BRL Test, Inc. All payment terms are subject to credit department approval. Payments later than 30 days from invoice date are considered delinquent and are subject to interest charges at 18% per annum, not to exceed the maximum lawful rate. All payments are to be in U.S. dollars. Any applicable taxes will be added to the invoice and are payable by customer. BRL Test, Inc. retains all titles on rental equipment. BRL Test, Inc. retains all titles on purchased equipment until invoice is paid in full by customer.
All quoted prices are F.O.B. BRL Test, Inc., 624 Douglas Avenue Suite 1406, Altamonte Springs, FL 32714. All shipping costs, including cost of insurance are payable by customer. All rental equipment is to be shipped by Fed Ex Air, 1st or 2nd day service only and will be returned in the same method. Risk of equipment loss or damage is the sole responsibility of the customer from the BRL Test, Inc. F.O.B. shipping address. BRL Test, Inc. shall not be liable for delays in delivery performance hereunder due to any causes including those beyond its control but not limited to acts of nature, acts of government, labor disputes, delays in transportation and delays in delivery or non-delivery.
BRL Test, Inc. shall not be held responsible for loss or damages to customer's business or property or for injury or death to persons; and customer shall indemnity BRL Test, Inc. and holds it harmless for claims for any of the foregoing, including associated legal fees and expenses.
Should customer default in its obligations, customer agrees to pay BRL Test, Inc. for all costs and expenses incurred by recovering the equipment or moneys due and enforcing its rights. BRL Test, Inc. shall be entitled to recover its legal fees and expenses whether or not formal legal action is instituted.
Any required notices shall be given in writing at the address of BRL Test, Inc. or customer as shown on the front of this contract or to such other address as either party may substitute by written notice to other.
Neither BRL Test, Inc. or customer may assign or transfer any rights, duties or obligations herein without the prior written consent of the other and any proposed attempt to do so shall be null and void.
Should BRL Test, Inc. choose not to exercise any of its rights that shall not constitute or be deemed a waiver or forfeiture of such rights.
PURCHASE RIGHTS OF RENTAL EQUIPMENT
Customer has no purchase rights or purchase options under this agreement for any equipment rented by the customer from BRL Test, Inc. unless otherwise agreed upon in writing by both parties.
BRL Test, Inc. shall be notified in writing of any binding U.S. governmental procurement regulations that will affect this contract.
Stenographic, typographic and clerical errors in this agreement are subject to correction and customer hereby agrees to re execute any documents that require corrections or signature.
Rentals equipment remains the property of BRL Test, Inc. Customer shall not remove, deface or obscure ownership labels. Purchased equipment remains the property of BRL Test, Inc. until the invoice is paid in full.
Rates are quoted per month. Minimum rental is for one month. Rental charge will commence the day after BRL Test, Inc. ships the rented equipment to customers.
Customer shall not make any alterations, additions, modifications, or improvements to rental 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 rental equipment to be used by any other person or company. The same equipment usage conditions apply to purchased equipment until the invoice is paid in full.
Customer is responsible for damage to equipment due to abuse, misuse, or negligence. Customer agrees to pay the charge of repair or replacement if the equipment is so damaged. Rental equipment shall be returned to BRL Test, Inc. in good working condition. Customer is responsible for loss or damage to equipment. In accepting liability for the safe keeping of all rented equipment Customer agrees to pay BRL Test, Inc. the replacement cost, new of any such equipment which the customer is for any reason unable to return to BRL Test, Inc. at the end of the rental period. Rental charges will continue beyond the specified rental term until equipment is returned to BRL Test, Inc. for replacement cost of the equipment. Unless otherwise agreed to in writing, customer shall pack the equipment for return to BRL Test, Inc. in accordance with standard commercial practice. All packing will conform to requirements of carriers. All customer obligations apply to purchased equipment until the invoice is paid in full.