Terms of Use

 

By accepting the properties identified from Hancock Surface Studio, Inc. (HSS), Customer agrees that the following terms and conditions shall apply: 1.  The rental fee is on a per week (i.e. five business days) basis, and is due upon or prior to receipt of rental property.  Since weekends are not charged, any pickup arranged to take place on a Saturday or Sunday shall be considered as a rental beginning on the previous Friday.  Rented property shall be returned by or on the 5th business day from and including the pickup day.  For example, rental picked up on a Tuesday would be returned by or on the following Monday.  Items returned after the specified return date (overtime use) will be subject to an additional daily charge of 20% of the weekly charge for each day or portion thereof of overtime use.   2.   Customer is responsible for picking up and returning each rented item to HSS and for all risk of loss and charges related to transport of such items.  Items returned without packing materials are subject to an additional charge for out-of-pocket costs and replacement and processing charges.  Customer acknowledges that Customer is to return each item in the same condition as it was received.  If an item is returned damaged, Customer shall be responsible, at the option of HSS, to pay HSS for either the cost of repair or the Replacement Value for the item as listed in the invoice.  3.  Payments on the invoice or any subsequent invoice shall be due as stated in the invoice.  In the event of any late payment, HSS, at its option, may charge interest from the date due until paid at the rate of 12% per annum.  HSS shall have the right to recover all costs of collection, including attorney’s charges.  HSS may submit subsequent invoices for overtime use, damage or replacement charges, charges for return without packing material, late payment interest charges, costs of collection or for other justifiable causes.  4.  Since Customer is accepting all rented properties as is, all such properties are provided by HSS without any representation or warranty of any kind, including without limitation, any representation or warranty with respect for fitness for Customer’s use.  5.  During the time that rented property is removed from the HSS premises, such property shall remain in the sole custody and control of Customer.  During such time, Customer shall attach to the property a notification that the property is being rented from HSS and Customer shall give no statement or impression to the effect that such property is owned by Customer.  6.  HSS shall have no responsibility or liability resulting from damage to property or person as a result of or in connection with any rented property while it is removed from the HSS premises and Customer shall indemnify and hold HSS harmless from any loss, damage, liability or expense, including attorney’s fees and costs resulting from any such damage.  Furthermore, except if due entirely to HSS’s intentional wrongful act or gross negligence, Customer shall indemnify and save HSS harmless from and reimburse HSS promptly for any and all costs associated with suits, claims, liabilities, losses, demands and expenses, including attorney’s charges, incurred by HSS as a result of or arising out of this rental.  In any event, the liability to Customer of HSS resulting from HSS’s intentional wrongful act or gross negligence shall be limited to the amount of rental payments received by HSS from this rental. 7.  The invoice sets forth the entire agreement between Customer and HSS with respect to its subject matter, there being no other agreements or understandings, written or oral, in effect with respect to the subject matter.  Nothing contained in this agreement may be changed or terminated except by a written agreement signed by Customer and HSS.  This agreement is binding upon the Customer and HSS and their respective successors and is to be interpreted in accordance with the laws of the State of Georgia without regard to conflicts of law principles.  Customer acknowledges and consents to the personal jurisdiction of the State of Georgia for purposes of any proceeding under or for the enforcement of any remedy in connection with this agreement.