Terms and Conditions
BY PLACING YOUR ORDER WITH IODE PRODUCTIONS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
General
All equipment rented and services rendered are subject to the following terms and conditions. Please review them thoroughly before accepting the terms and conditions. The terms "Iode Productions ," "we" or "our" mean Iode Design, LLC. The terms "you" or "yours" refer to the customer renting equipment or ordering services.
Entire Agreement
Acceptance of orders, whether oral or written, is based on the express condition that you agree to all of the terms and conditions contained herein. Acceptance of delivery by you will constitute your assent to these terms and conditions. These terms and conditions together with Iode Production's order confirmation represent the complete agreement of the parties, and no terms or conditions in any way adding to, modifying or otherwise changing the provisions stated herein and in Iode Production's order confirmation shall be binding upon Iode Production unless made in writing and signed and approved by an officer of Iode Production. No modification of any of these terms will be effected by Iode Production's shipment of goods following receipt of your order or any forms containing terms and conditions conflicting or inconsistent with the terms herein and in Iode Production's order confirmation.
Rental Fees
In consideration of your rental of Iode Production equipment, you agree to pay the applicable rental fees set forth in your order confirmation. Rental fees begin accruing on the specified starting date submitted with your lease order and will continue through the day the equipment is delivered by you to FedEx or picked up by other courier as described below.
If equipment remains unreturned after your initial rental period, rental fees will continue to accrue at the daily rental rate.
Services Fees
You may order one or more audiovisual services from Iode Production in connection with any equipment rental. In consideration of your ordering services from Iode Production, you agree to pay the service fees set forth in your order confirmation.
Responsibility for Equipment
You agree to inspect the equipment upon receipt and immediately notify Iode Production of any damages, malfunction or missing components so that Iode Production can take appropriate measures.
Once the equipment has been delivered to your specified location, it is your responsibility to ensure that the equipment is not stolen, damaged, or otherwise harmed. You are responsible for any damages, loss or theft related to the equipment until is delivered by you to FedEx or courier as described below.
Technical Assistance
Should you encounter any difficulties with the set-up or operation of your rental equipment, please contact us at 1-908-285-1439. If your problem occurs after our regular business hours, please call 1-908-285-1439 to be connected with our 24-hour technical assistance staff.
Iode Production will only consider order adjustments for equipment problems when our technical staff has the opportunity to remedy the problem.
Cancellation Policy
You may cancel your order more than three business days prior to the beginning of your rental period for any reason and receive either a full refund or a credit towards a future order.
Examples:
To be eligible for a full refund, an order placed for a rental period
- Beginning on a Friday must be cancelled by the preceding Monday.
- Beginning on a Monday must be cancelled by the preceding Tuesday.
- Beginning on Saturday or Sunday must be cancelled by the preceding Tuesday.
If you cancel your order three days or less prior to the beginning of your rental period, you will not receive a refund but will still be eligible for a credit towards a future order. Any cancellations made the same day as the rental date or after delivery has been made will not be eligible for a credit or refund. This includes cancellations for orders placed the same day as your rental date. Any cancellation made the same day as the rental date or after delivery has been made will be treated as a completed lease transaction, with the full lease and other fees provided in these terms and conditions assessed against you.
If you have a multi-day rental and cancel during your rental period, you may be eligible for a credit towards a future rental. The credit will be equal to the total charges for the order, minus the rental and service charges already incurred.
Sales/Use Taxes
Applicable sales or other transaction taxes imposed on us in connection with your order or rental of the equipment or rendering of services will be added to the rental fees payable by you. Applicable use or other transaction taxes imposed on you in connection with your order or rental of the equipment or rendering of services are solely your responsibility to report and pay.
Security Deposits
For certain high-end equipment rentals, to help protect us against loss, damages or theft of the equipment, we reserve the right to require a security deposit approximating fifty percent (50%) of the retail value of all equipment items rented. The security deposit will be released to you upon return to us of the equipment in the same condition as delivered to you. The retail value of the equipment, and therefore the amount of the security deposit, will be determined by us in our sole discretion.
Credit Card
We may require you to provide us with a credit card charge authorization in connection with any lease or service transaction. When we have required a credit card charge authorization, any lease fee or service fee plus any additional fees, charges and other amounts due us as provided in these terms and conditions will be charged to your credit card account upon our receipt of the equipment or the expiration of five days after the specified return date, whichever is earlier. If a security deposit is required with your order, we may reserve against your credit card an amount equal to the security deposit. If you do not have enough credit available on your credit card account to allow the reserve for the security deposit to be applied, we will regard the order cancelled as set forth under "Cancellation" above.
Liquidated Damages
Title to the equipment will at all times remain in Iode Production except as provided in this paragraph. As explained above, you are solely responsible for the equipment from the time when it is delivered to your specified location until is delivered by you to FedEx or courier as described above. If any equipment is damaged, lost or stolen during this period or is returned more than five days after the specified return date for any reason, as liquidated damages, we will have the right to charge you for an amount equal to the retail replacement value of the applicable equipment plus any due lease fees, shipping charges and taxes with respect to that equipment. You agree that the liquidated damages provided for this paragraph are intended as compensation to us, and not intended to be a punishment or penalty because damage we would suffer by way of loss, theft or return more than five days after the specified return date are incapable or very difficult of accurate estimation for a variety of reasons including, without limitation, our recovery of anticipated profit and lost sales due to unavailability of equipment.
Warranties
The equipment rented will be in good working order upon delivery. If you order audio visual services from Iode Production, those services will be performed in a good and workmanlike manner.THE FOREGOING WARRANTIES ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Iode Production UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE EQUIPMENT OR SERVICES EXCEPT OTHERWISE PROVIDED IN THIS AGREEMENT. IODE PRODUCTION ASSUMES NO RESPONSIBILITY THAT THE EQUIPMENT OR SERVICES WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE LEASING THE EQUIPMENT OR ORDERING THE SERVICES, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT.
Refunds and Limitation of Liability
Iode Production's liability hereunder in any case is expressly limited, at Iode Production's election, to repair or replacement (in the form originally shipped) of equipment not complying with this agreement, to use commercially reasonable efforts to re-perform or cause the re-performance of audio visual services in substantial compliance with the above warranty or to the repayment of, or crediting you with, an amount equal to the excess of the amount actually paid by you for the equipment rental and services over the reasonable value (as determined by Iode Production) of your use of the equipment and services. Any action for claims arising under this agreement must be commenced within six months following delivery of the equipment.
Iode Production's obligations are subject to, and Iode Production shall not be liable for delays, failure to perform or damage, destruction or malfunction of the equipment, or any consequence of any of the above, caused or occasioned or due to fire, flood, water, the elements, labor disputes or shortages, power failure, acts of God or public enemy, shortages of equipment or supplies, unavailability or delays of transportation, act or omissions of anyone other than Iode Production or its employees, or any other cause beyond Iode Production's reasonable control.
IN NO EVENT SHALL IODE PRODUCTION BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSSES, DAMAGES OR EXPENSES, DIRECTLY OR INDIRECTLY ARISING FROM THE RENTAL OR USE OF THE EQUIPMENT, FROM THE ORDER OR USE OF SERVICES, FROM THE MALFUNCTION, NON-DELIVERY OR LATE DELIVERY OF THE EQUIPMENT OR FROM ANY OTHER CAUSE WITH RESPECT TO THE EQUIPMENT OR SERVICES OR THIS AGREEMENT, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY.
Assignment
Iode Production shall have the right to assign its interest under this agreement to any party. You may not assign your interest under this rental agreement to any other party without our prior written consent.
Severability
In the event that any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.
Waiver
Waiver by Iode Production of any breach of these terms and conditions shall not be construed as a waiver of any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right which may be exercised at any subsequent time.
Remedies
All rights and remedies of Iode Production herein stated are nonexclusive and in addition to other rights and remedies provided by law.
Writing; Signature; References
As used in these terms and conditions, term "writing" and variations thereof include anything reduced to a tangible form, including a printed or handwritten document, and email, telefacsimile or other electronic record, and the term "signed" and variations thereof shall include a handwritten signature and an electronic facsimile of a handwritten signature. Each party acknowledges and agrees that an electronic facsimile of a handwritten signature transmitted by telefacsimile, e-mail transmission or other electronic means shall be as effective to bind such party as a duly executed and delivered handwritten original. The words "hereto", "herein", "hereof", "hereunder" and similar expressions refer to this agreement and not to any particular section, paragraph or other portion hereof. The term "agreement" means these terms and conditions and related order confirmation.
Controlling Law
This agreement and all rights and obligations hereunder, including matters of construction, validity and performance, shall be governed by the internal laws of the State of Illinois, without giving effect to the principles of conflicts of law thereof. The jurisdiction and venue of any legal proceedings for the resolution of disputes arising under or in connection with this agreement shall be in the federal or state courts of Cook County, Illinois, USA.
