CleanAir Europe : Rental General conditions

TERMS: 

The rental term begins the day after shipment and continues until equipment is returned to CleanAir Europe. Excepted for some specific conditions, the minimum rental period is 5 Days. Additional days, considered as extension of the initial rental period should be confirmed by writing after CleanAir Europe’s acceptation on the equipment availability.

FREIGHT :
Equipment is shipped at the customer’s expense. All deliveries from Marseilles and return to Marseilles should be proceeded by Express Shipping Company with a delivery time of 24/36 hours for all French Territory and 2/3 days for other countries. Shipping documents should be duly signed and dated by the Customer. They can be subject to a control for the calculation of the rental period. Customer should check the equipment at the delivery and make reserves on shipping documents upon any doubts or visible damages on the equipment. Any freight returned to CleanAir Europe collect without prior written authorization may be refused by CleanAir Europe. If CleanAir Europe elects to receive unauthorized collect freight a significant surcharge will be billed to the renter.

TAXES :
Customer shall be responsible for all taxes, duties and other governmental charges assessed in connection with any rental or instrument purchase. PAYMENT TERMS :
Payment due 30 days from date of invoice. A 1,5% late charge per month may be billed for invoices older than 30 days.

CLEANAIR EUROPE INSTRUMENT RENTAL WARRANTY :
CleanAir warrants that, upon initial shipment, the equipment will meet manufacturer’s specifications. If equipment requires repair or recall, Customer shall immediately notify CleanAir Europe and obtain consent before any action is taken or any equipment is exchanged. Sold assets are “as is”, unless otherwise specified in writing. The forgoing warranty shall not apply to any damage to equipment caused by accident, misuse or
abuse, and CleanAir Europe shall not be responsible for any delays or failures in making repairs, recalibration or replacement due to unavailability of parts of labor, strikes, delays in transportation or other causes beyond its reasonable control. CleanAir Europe, not being the manufacturer of any equipment, disclaims all other warranties, express or implied, including, without limitation, any warranty or merchantability or fitness for any particular purpose of the equipment or that the equipment will not infringe upon any patent or proprietary right of any third party. UNLESS CUSTOMER GIVES CLEANAIR EUROPE NOTICE OF ANY DEFECT WITHIN 48 HOURS AFTER RECEIPT OF EACH ITEM, IT SHALL BE CONCLUSIVELY PRESUMED THAT SUCH EQUIPMENT WAS DELIVERED IN GOOD CONDITION AND REPAIR.

LIMITATION OF LIABILITY :
In no event, whether as a result of breach of contract or warranty, tort (including negligence) or otherwise, shall CleanAir Europe 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 down-time costs.

USE OF EQUIPMENT :
Customer shall use the equipment in a careful and proper manner in compliance with all laws and other governmental requirements and the manufacturer’s instruction, and shall keep the equipment free from all liens and encumbrances. Customer shall bear the entire risk of loss or damage to the equipment from any cause, and shall indemnify and hold CleanAir Europe harmless from any and all claims, liabilities, losses, costs and expenses arising out of the use, purchase, possession, operation or renting of the equipment.

RETURN OF RENTAL EQUIPMENT :
Customer shall return rental equipment to CleanAir Europe, Marseilles, France in substantially the same condition, using the same packaging materials as when first received, ordinary wear and tear accepted. Customer shall be responsible for and pay CleanAir Europe on demand THE NEW REPLACEMENT COST OF ANY LOST OR MATERIALLY DAMAGED RENTAL 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 damage. Customer shall be responsible for rentals to the date of receipt by CleanAir of the full new replacement cost. Customer shall be responsible for any damage caused during the return shipment.

DEFAULT AND REMEDIES :
Customer shall be in default hereunder if it shall fail to pay, when due, any sum due to CleanAir Europe or shall fail to perform any other obligation owing to CleanAir Europe or if any bankruptcy or similar proceedings under state law shall be filed by or against customer. Upon the occurrence of any such default CleanAir Europe may at any time during the continuance thereof, and in addition to all other rights and remedies available herein, at law and inequity, (1) terminate the rental of all equipment rented to Customer, (2) require Customer to assemble and return all rental or purchased equipment, or repossess all such equipment, and/or (3) recover from Customer all amounts payable
hereunder. CleanAir shall not have any duty to account to Customer for the proceeds of any disposition of equipment subsequent to return or repossession. No waiver of any default shall waive any other or subsequent default. Customers shall reimburse CleanAir Europe for all costs and expenses incurred by CleanAir Europe in enforcing its rights hereunder, including reasonable attorneys’s fees.

MISCELLANEOUS :
If there is a minimum term specified, then the rental rate is fixed for said minimum term. If however, no minimum term is specified, or upon the expiration of the minimum term, all rental rates and prices shall be subject to change by CleanAir Europe at any time without notice. Rental or purchase of all equipment is subject to availability in CleanAir Europe inventory. The rights of CleanAir Europe and the Customers shall be governed by the laws of the “Tribunal de Commerce” of Marseilles France.

SOLE AGREEMENT :
The above terms and conditions are the only terms and conditions upon which CleanAir Europe is willing to rent or sell the equipment. Any additional or different terms in any order or other response by Customer shall be deemed objected to by CleanAir Europe without need of further notice of objection, and shall be of no effect or in any way binding upon CleanAir Europe . No waiver, alteration or modification of any of the provisions hereof shall in any event be effective or binding upon CleanAir Europe unless in writing and signed by a duly authorized employee of CleanAir Europe.