Credit Application / Terms & Conditions

 

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Industrial Environmental Monitoring Instruments, Inc

Terms & Conditions for Rental, Sales and Service

Your acceptance of equipment from Industrial Environmental Monitoring Instruments, Inc., hence for the referred to as IEMI, by shipper, courier, supplier or IEMI Staff constitutes acceptance of this contract and the Terms and Conditions as listed.

USE OF EQUIPMENT:

Until the equipment under this agreement is paid for in full and throughout the term of the rental contract, customer shall use the equipment in a careful and proper manner in compliance with all laws and other governmental requirements and the manufacturer’s instructions and specifications, and shall keep the equipment free from all liens and encumbrances. Except upon the prior written consent of IEMI customer shall not (1) assign or sublet the equipment or (2) allow any alterations, modifications or repairs of any equipment by anyone other than IEMI. Customer shall bear the entire risk of loss or damage to the equipment for any cause, and shall indemnify and hold IEMI harmless from any and all claims, liabilities, losses, costs and expenses (including attorney’s fees and court costs) arising out of the use, possession, operation or renting of the equipment.

INSTRUMENTS RENTAL, SALES and SERVICE WARRANTY:

IEMI makes no warranties regarding the equipment including, but not limited to, express warranties, implied warranties or merchantability and/or warranties of fitness for a particular purpose.

LIMITATION OF LIABILITY:

In no event, whether as a result of breach of contract or warranty, tort (including negligence) or otherwise, shall IEMI be liable for any consequential, incidental or exemplary damages, including, without limitation, any loss of profit or revenues, loss of use of any equipment or any other equipment, damage to other equipment, cost of substitute equipment or downtime costs. Cusomer must be fully trained in the use of purchased or rented equipment. All liabilities related to the use of the equpment are the responsibility of the customer.

MISCELLANEOUS:

All rental rates and prices shall be subject to change by IEMI at any time without notice. Rental of all equipment is subject to availability in IEMI inventory. If any of these terms and conditions are found to be invalid, it shall not affect the validity of any other terms and conditions. Customer shall furnish such financial statements and business information about customer as requested and shall execute such statements and other documents as IEMI may from time to time reasonably request. The rights of IEMI and the customers shall be governed by the laws of the State of Ohio. Jurisdiction and venue for any litigation arising out of this agreement shall be vested with the general COURTS OF FRANKLIN COUNTY, OHIO.

DEFAULT AND REMEDIES:

Customer shall be in default hereunder if it shall fail to pay, when due, any sum to IEMI or shall fail to perform any other obligation owing to IEMI. Upon the occurrence of any such default IEMI may, in addition to all other rights and remedies available herein, at law and in equity, (1) terminate the rental/sale of all equipment rented to customer, (2) require customer to assemble and return all such equipment, or repossess all such equipment, and/or (3) recover from customer for the proceeds of any disposition of equipment subsequent to return of repossession. All rights and remedies of IEMI on default are cumulative and may be exercised simultaneously or successively. NO waiver of any default shall waive any other or subsequent default. Customers shall reimburse IEMI for all costs and expenses incurred by IEMI in enforcing its rights hereunder, including reasonable attorney’s fees and court costs.

SOLE AGREEMENT:

The above terms and conditions are the only terms and conditions upon which IEMI is willing to rent or sell the equipment. Any additional or different terms in any correspondence or other response by customer shall be deemed objected to by IEMI without need of further notice of objection, and shall be of no effect or in any way binding upon IEMI unless in writing and signed by a duly authorized officer of IEMI.

RENTAL PERIOD:

  1. A rental day consists of a 24-hour period starting at 8:00a.m. day one and ending at 8:00a.m. day two. A week consists of seven rental days and a month consists of 30 rental days.
  2. When rental contracts are shipped the rental day starts at 8:00a.m. the next day and will stop at 8:00a.m. the day we receive them back.
  3. For pickup rental contracts which are picked up after 3:00p.m. the rental day will start the next day at 8:00a.m.. If picked up before 3:00p.m. the rental contract starts at 8:00a.m. that day. When returned before 10:30a.m. rental will stop as of 8:00a.m. that day. If returned after 10:30a.m. you will be billed for the balance of the day through 8:00a.m. the next day.
  4. When shipping over a weekend Friday for Monday we will start your rental on Monday at 8:00a.m. and when you ship over a Weekend Friday for Monday we will stop your rental as of Saturday 8:00am.

RETURN OF RENTAL EQUIPMENT:

  1. Upon termination or expiration of the rental period, customer shall forthwith return the equipment to IEMI in substantially the same condition as when first received, ordinary wear and tear excepted.
  2. Customer shall be responsible for and pay to IEMI on demand the new replacement cost of any lost or damaged equipment (including any manuals, cables and other accessories) as well as cost of restoring any equipment that is returned with extraordinary wear and tear or minor damage. This includes any marks or tags placed on the equipment or shipping container. Missing accessories will be billed at full price and may be credited to the account if received within 24 hours from receipt of instrument at IEMI.
  3. Customer shall properly decontaminate, pack and ship all equipment back including accessories stated on contract to IEMI. If contamination cannot be removed then equipment will have to be sold to customer at current replacement cost. IEMI may refuse equipment for return if not properly cleaned.
  4. Ship rental returns to: I.E. Monitoring Instruments 7410 Worthington-Galena Road Worthington, OH 43085

FREIGHT:

All equipment is shipped to the customer at the customer’s expense using standard overnight charge F.O.B. our offices or equipment manufacturer’s plant. To maintain a timely schedule, all outbound shipments are made using overnight express service unless otherwise specified. All returns will be made by prepaid freight to IEMI.

RETURN OF SOLD ITEMS:

Customer must call for a return authorization before returning purchased goods and have goods at our facility within 30 days of original ship date. Non-stock items are non returnable. A restocking fee may be applied to all returns.