TUNES TRADING & SERVICES
RENTAL HIRE TERMS AND CONDITIONS
TUNES TRADING & SERVICES (“LESSOR”) ACCEPTS YOUR ORDER ON THE EXPRESS CONDITION THAT YOU
(“LESSEE”) ASSENT TO THE TERMS AND CONDITIONS BELOW (THE “CONTRACT”), AND NO OTHERS. YOUR
ACCEPTANCE AND RECEIPT OF LESSOR’S GOODS AND SERVICES SHALL CONSTITUTE YOUR ASSENT TO THE
CONTRACT. LESSOR SHALL NOT BE BOUND TO LESSEE’S DIFFERENT OR ADDITONAL TERMS UNLESS LESSOR
ACCEPTS SUCH TERMS IN WRITING.
RENTAL PERIOD: All rental periods begin the day the equipment is picked up from the Lessor and end on the day the
equipment returns to the Lessor , whether or not such period is covered by Lessee's purchase order. Lessee agrees to issue an additional purchase order for any such period not covered by the initial purchase order. Unless the Lessee gives Lessor written notice of each defect within 12 hours after receipt of a rented item, it shall be conclusively presumed that the item was delivered in good condition.
If the rental is cancelled for whatever reason, the following terms should apply:
1. If the rental is cancelled 7 days prior to the event, 50% of the quoted amount will be charged.
2. If the rental is cancelled less than 3 days before the event, the full amount will be charged
SURRENDER: Upon the expiration or mutually agreed upon earlier termination of lease, with respect to any item of
equipment, Lessee shall return the same to Lessor in good repair, condition and working order, ordinary wear and tear
resulting from proper use thereof alone excepted, as may be specified by Lessor.
PICKUP & RETURN POINT: All equipment will have to be Collected from & Returned to our Warehouse at Al Khuwair, unless specified otherwise.
INSURANCE: The Lessee is responsible for insurance during the rental period. The Lessee is responsible for loss or
damage to equipment from the time it is picked up from our warehouse until it is received or returned to the Lessor.
TERMS OF PAYMENT: Net, payable within 30 days of date of invoice. Where credit in Lessor’s judgment is not warranted,
either at or subsequent to the time of acceptance of the order, Lessor reserves the right to require payment on delivery or, at
Lessor’s option, payment in advance for all items yet to be delivered. Lessor reserves the right to require at Lessor’s option
a security deposit prior to rental.
LATE PAYMENT CHARGES: If any rentals or other sums are not paid within ten days of the due date, a service charge of
1.5% per month, not to exceed the maximum rate allowed by law, shall apply to the portion of Lessee’s outstanding balance
which is not paid when due. If legal action is taken by Lessor, Lessee shall be liable for Lessor’s reasonable attorney fees,
plus other costs of such action.
TERMS OF USAGE: It is assumed that all equipment is to be used by the Lessee at safe venues under normal conditions and times. Extraordinary wear and tear either by excessive running time or exposure of the equipment to adverse conditions will obligate the Lessee to pay such refurbishing fees as to restore the rented equipment toits original condition as of the beginning of the rental, less "normal wear and tear." Loss or extensive damage to the equipment will obligate the Lessee to replace the equipment at its expense or remit the full fair market price to Lessor. The equipment is to be properly used and retained by Lessee and not to be used under an agency capacity as for renting or subletting purposes or assigned to any other person or entity without appropriate purchase order, written agreement and proper notification of the original Lessor.
The Lessee shall not copy or allow equipment to be copied or specifications reproduced. Lessee shall not make any
alterations, additions or improvement to the equipment.
WARRANTY: Lessor makes no warranties, either express or implied, as to any matter whatsoever, including, without
limitation, the condition of the equipment, its merchantability, or its fitness for any particular purpose.
TITLE: Lessor retains title to all equipment rented. Lessor shall retain the right to recover all payments due, even though
equipment is back in its possession. No transfer of right or title is implied or intended, unless expressly agreed to in writing.
LESSOR'S INSPECTION: Lessor shall at any and all times during business hours have the right to enter into and upon the
premises where the equipment may be located for the purpose of inspecting the same or observing its use.
LIMITATION OF LIABILITY: Lessor will not be liable for Lessee's issuance or amendment of purchase orders or change
orders covering original or extended rental periods. Delivery / equipment to Lessee and terminate on the date the equipment is received by Lessor. In no event, whether as a result of breach of contract or warranty, tort (including negligence) or otherwise, shall Lessor 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, claim by Lessee for damages of Lessee’s customers or down time costs.
RISK OF LOSS: The Lessee is responsible for loss of or damage to equipment from receipt until it is received on return by
a Lessor‘s Warehouse. Loss or damage to the equipment will obligate the Lessee to replace or repair the equipment at
its expense or remit the full fair market price to Lessor. It is understood that the rental fees will continue until such
replacement equipment or the replacement cost is received by Lessor.
OFFSET: Lessee hereby waives any and all existing and future claims, and offsets, against any rent or other payments due
hereunder; and agrees to pay the rent or other payments due hereunder regardless of any offset or claim which may be
asserted by Lessee or on its behalf.
DEFAULT: Upon default of the payment of rent, or if the equipment is not returned as of the end of the stated lease term, or
upon any other breach of the lease by Lessee, Lessor shall have the right to take possession of and remove the equipment.
Lessor may also pursue any other remedies to which it may be entitled in law or equity, and Lessee shall pay Lessor’s
attorneys’ fees and expenses in the event legal action is necessary due to a breach of the lease by Lessee.