Payment Policy
A 50% deposit is required to confirm your contract.
GENERAL CANCELLATION POLICY
To ensure availability of all services and products, deposits are non-refundable. You may remove one or more item(s) from your order, or cancel your entire order, according to the following schedule, but the following cancellation fees will apply, subject to any category-specific cancellation policies:
- 14 days prior: no cancellation fee
- 7 days prior: 50% of contract total, less deposit (if refundable)
- 72 Hours prior: 100% of contract total, and your deposit will not be refunded
1. PAYMENT TERMS
Lessee agrees to pay Pacific Productions all charges indicated on their Rental Contract which includes these Terms and Conditions and any equipment that is rented pursuant to the terms set forth herein (the “Equipment”) or labor overages. Payment is due and payable in full upon signing this Rental Contract unless otherwise negotiated and agreed to in writing.
2. ESTIMATES
In connection with this Rental Contract or any contract entered into between Pacific productions and Lessee, any estimate provided to Lessee in connection with the expected labor hours and number of days the Equipment is solely an estimate. In the event that the actual hours, actual quantities of Equipment rented hereunder or actual days the Equipment is rented is greater than the amount indicated in any proposal, Lessee will be charged for those overages at Pacific Productions standard rates less any applicable discounts.
3. DAMAGE WAIVER
All Equipment has been inspected upon delivery and Lessee acknowledges and warrants that all Equipment was received in good and working order. Lessee agrees to pay for any and all damages on account of lost, damaged or stolen equipment and/or loss caused by Lessee's accident, misuse or neglect. Should the Equipment listed on this Rental Contract malfunction for any reason and at no fault of Lessee, Pacific Productions will only be responsible for the repair of listed Equipment but WILL NOT be held responsible for any damages or loss caused as a result of the Equipment malfunctioning.
4. TITLE
The parties intend to create a rental agreement and the relationship of lessor and lessee between themselves. The terms set forth herein shall not be construed or interpreted to create or imply the existence of a finance lease or installment lease or sales contract. Title to the Equipment shall at all times be vested in Pacific Productions, and no right, title or interest in the Equipment shall pass to Lessee other than the use of the Equipment for the rental period as agreed to by the parties, which right is conditioned upon Lessee's compliance with this Rental Contract.
5. SURRENDER / EQUIPMENT HANDLING
On the expiration or earlier termination of this Rental Contract, Lessee
shall return the Equipment in good repair, condition and working order,
subject only to reasonable wear and tear. All Equipment must be
handled by Pacific Productions personnel only. Equipment may not be moved, stored, or serviced by Lessee or any other party. Lessee may not operate the Equipment unless authorized by Pacific Productions. Lessee agrees that Pacific Productions shall have the right to enter the premises where the Equipment is located and shall have access to the Equipment at all times.
6. CANCELLATION
Unless otherwise negotiated or agreed to in writing, the following monies shall be payable by Lessee to Pacific Productions in the event of cancellation prior to the expiration of the rental period set forth on this Rental Contract: (1) if cancellation is made by Lessee more than seventy-two (72) hours prior to the scheduled performance then said expenses paid by Pacific Productions on Lessee's behalf (including contractual obligations) plus fifty percent (50%) of the fee shall be charged to and immediately paid by Lessee to Pacific Productions; or (2) if cancellation is made within seventy-two (72) hours, full rental contract price for the entire duration set forth on this Rental Contract is due and payable. The cancellation terms set forth will still be enforced in the event of weather cancellations.
7. CREDIT TERMS
All open accounts require prior credit approval. Should collection under the terms of this Rental Contract commence, Lessee agrees to pay all collection costs which include, but are not limited to, Equipment recovery costs, storage charges, attorneys' fees and court costs. All Credit Accounts are Net 30 terms. After 30 Days, Pacific Productions is authorized to charge a 3.5% Monthly late fee on the invoice total until the invoice has been paid.
8. CONDITION OF EQUIPMENT
Pacific Productions maintains and services the Equipment in accordance with manufacturers' specifications and industry practice. Pacific Productions does not, however, warrant or guarantee that the Equipment or services being provided will be free of defect, malfunction or operator error. If the Equipment malfunctions or does not operate properly during the event for any reason whatsoever, Lessee agrees to immediately notify Pacific Productions on-site representative. Pacific Productions will attempt to remedy the problem as soon as possible so that the event is not interrupted. Lessee agrees and acknowledges that Pacific Productions assumes no responsibility for any loss, cost, damage or injury to persons or property in connection or as a result of inoperable Equipment or otherwise.
9. LIMITATION OF LIABILITY AND INSURANCE
Lessee agrees to defend, indemnify and hold Pacific Productions and its officers, directors, employees, successors and assigns harmless from any and all claims arising out of any violation of any law, rule, regulation or order, and from any and all claims or liabilities for loss, damages or injury to persons or property of whatever kind or nature arising from the use or operation of the Equipment, or from the negligence or carelessness of the agents or employees of Lessee. Additionally, Pacific Productions shall not be liable for any special or consequential damages including lost profits arising relating to the Equipment, the services or this Rental Contract. Lessee shall notify Pacific Productions promptly of any accident involving the Equipment. Lessee shall obtain contractual insurance in connection with this Rental Contract and pursuant to this paragraph, in an amount satisfactory to Pacific Productions and provide proof of such insurance upon request of Pacific Productions.
10. SEVERABLIITY
In the event that any provision of this Rental Contract shall be unenforceable or inoperative as a matter of law, the remaining provisions shall remain in full force and effect and be construed as though such unenforceable or inoperative provisions had never been a part of hereof.
11. CONSTRUCTION CLAUSE
For the purpose of interpretation, the language in this Rental Contract shall be deemed to be the language of both parties and neither party shall be deemed to be the drafting party.
12. SURVIVAL
All provisions of this Rental Contract related to indemnification, disclaimers and limitations on liability and all other obligations of the parties that arise in connection with Lessee's rental of Equipment from Pacific Productions shall survive the termination of the rental of such Equipment.
13. ENTIRE AGREEMENT
This Rental Contract incorporates by reference any attached Schedules, Contract, and Commencement of Work, related to this rental order, and contains the parties' entire understanding and may not be modified except in written form signed by both parties.
