Terms of Sale
All rentals made by Gondola Skate Moving Systems (hereinafter called “Lessor” or “GSMS”) to its equipment rental customers (“Lessee”) are subject to the following Equipment Rental Terms and Conditions (“Terms and Conditions”). This contract and these Terms and Conditions shall constitute the entire agreement between Lessor and Lessee and shall be governed by and construed according to the internal laws of the State of California.
1. Rental Period. The rental period begins and ends on the dates agreed to in writing by Lessor and Lessee. Rental periods shorter than five business days will be considered a minimum order of one rental week. Rental periods are not prorated and will be billed in weekly The rental shall commence (a) when Lessee accepts equipment at a GSMS facility, (b) when Lessee accepts equipment at a job site, or (c) on the agreed upon start date following shipment of the equipment to the job site via Lessor’s shipping and logistics services.
2. Job Site. The job site is the location agreed to in writing for where the equipment is to be used during the rental period. Equipment may not be transported to any location other than the specified job site and a Gondola Skate Moving Systems facility without the prior consent of Lessor. Lessor reserves the right to obtain proof of equipment location at any time during the rental period via Lessee evidence, in-person confirmation, or GPS tracking.
3. Equipment Transportation.
- GSMS Logistics Services. Lessor may offer shipping and logistics services upon its Lessee agrees to provide the name, phone number, email, and any other pertinent contact information for the representative responsible for facilitating pick-up of the equipment at the time of booking the reservation. Lessee understands that availing of Lessor’s logistics services does not relieve their responsibility for the safe and timely return of the equipment to a GSMS facility. Lessee agrees to make equipment available, accessible, and ready for pick-up on the agreed upon pick- up date. Lessor will schedule a pick-up for equipment one business day after the agreed upon end date unless otherwise expressly stated. If two pick-up attempts are unsuccessful for any reason, Lessor will book a dedicated agent for pick-up of the equipment at the client’s expense. Freight estimates provided at time of quotation are valid for 30 calendar days and subject to additional handling charges as applicable. Freight costs are subject to change depending on factors such as seasonality, change of carrier, and customer-requested services at time of delivery, including but not limited to inside delivery and liftgate service. Any additional logistics services requested by the Lessee after time of quotation will be billed to the Lessee and subject to additional administrative fees as applicable.
- Lessee Pick-up. If Lessee does not avail of Lessor’s services, Lessee shall coordinate the safe and timely transport of the equipment to and from the job site. Lessee is obligated to return the equipment to its originating facility unless other arrangements have been agreed to in writing by Lessee may authorize a third-party logistic provider to transport the equipment on their behalf with the prior documented approval of Lessor. Third-party transportation does not relieve Lessee of responsibility for the condition, location, and safety of the equipment. If Lessor does not receive the equipment at its originating facility within four business days of the agreed upon End Date, the rental will be considered Overextended, and Lessee will be billed daily at 150% of the original rental rate until the equipment returns to a GSMS facility. In the event of an Overextended rental, Lessor reserves the right to book a dedicated agent for pick-up of the equipment at the job site at the client’s expense.
4. Availability. All equipment is provided on a first-come, first-served basis. All equipment rentals are subject to availability of equipment at the time of reservation confirmation.
5. Cancellation of Rental Reservation. Time is of the essence for any rental reservation Lessee must notify Lessor of rental reservation cancellation 7 business days prior to reservation start date. Failure to notify Lessor in the allotted time may result in charges including but not limited to shipping, handling, and administrative fees.
6. Modification of Rental Reservation. Time is of the essence for any rental period modifications, including but not limited to delays or extensions. Failure to notify Lessor of modifications to the rental in a timely manner may result in charges including but not limited to shipping, handling, and administrative fees.
7. Third-party Usage and Possession. Lessee agrees that they will be the sole operator of the rental equipment and assumes responsibility for ensuring their sole operation until the rental equipment returns to Lessor. Operation of the rental equipment by anyone other than the Lessee is strictly prohibited. No part of the equipment shall be sublet, transferred, or assigned by Lessee to any party other than the Lessee at any time before, during, or after the rental period without the prior written consent of Lessor..
8. Equipment Usage. Lessee agrees that equipment usage shall be normal and customary. Lessee agrees that they are familiar and experienced in the safe operation of fixture mobilization equipment. Training in proper handling and operation of GSMS equipment may be provided to the Lessee as part of the CFME training Lessee is held fully responsible for all parties acting as agents of Lessee, as well as any parties exposed to the equipment while in the care of the Lessee, and is responsible for consistent normal and customary use of the equipment.
9. Condition of Equipment. Lessee agrees to notify Lessor of suboptimal equipment condition within 6 hours of receipt of the Failure to object to equipment condition shall be deemed conclusive that all the equipment was in good working order when delivered. Lessee is responsible for maintaining equipment in good, complete, working order as received until equipment is returned to Lessor.
10. Damage, Loss, or Missing Components. Lessee agrees to pay for any damage or loss of the equipment, regardless of cause, and keep the equipment, tools, and accessories in good repair and operating condition. Equipment returned from the Lessee deemed inoperative, damaged, or with missing components will be refurbished to original working order by Lessor at Lessee’s expense. Lessee shall be notified of refurbishing and missing component costs, including parts and labor, prior to the All equipment which cannot be returned to Lessor due to nuclear contamination or other causes will be invoiced to Lessee at its current market price.
11. Equipment Recovery Deposit. Lessor may require an Equipment Recovery Deposit due at time of signing in the amount of no less than $1500.00 USD. The Equipment Recovery Deposit may be placed via credit card, ACH, or wire transfer. A wire transfer deposit will be subject to a non-refundable $35.00 USD administrative fee. A rental reservation that requires an Equipment Recovery Deposit will not proceed until Lessor receives the full deposit amount. Any delay of the deposit being received by the Lessor, for any reason, may subsequently delay shipment of the rental equipment. Lessor reserves the right to use the Equipment Recovery Deposit to book a dedicated agent to pick up the rental equipment if two of the Lessor’s attempts to pick up equipment from the job site are unsuccessful or if an Overextended rental has not returned to a GSMS facility. If the cost of the dedicated agent exceeds the amount of the Equipment Recovery Deposit, Lessor will add the extra cost to the Lessee’s invoice in addition to any other freight charges that may have accumulated, including but not limited to freight cancellation charges or partial shipment fees. Lessor will not apply the Equipment Recovery Deposit to anything other than a dedicated agent or freight charges without the express written consent of the Lessee. Lessee may elect to apply any unused deposit funds to the invoice amount, or Lessee may have the deposit refunded in full after remitting separate payment for their invoice. Unused deposit funds in excess of the invoice amount will be refunded to the Lessee within 30 business days of payment of the invoice.
12. Billing.
- Payment Terms. All project quotations are issued under Due On Receipt Accounts may qualify for Net 30 terms on open account, letter of credit, or sight draft contingent upon positive credit check report. No other payment terms or payment plans may apply unless expressly agreed upon in writing by Lessor and Lessee. Invoices issued under Net 30 terms will be sent to the Lessee’s designated Invoicing Contact no sooner than upon receipt of the rental equipment at a GSMS facility.
- Payment Methods. Invoices may be paid via ACH, bank wire, credit card, or company Unless otherwise expressly stated, all prices are quoted and payments must be received in U.S. dollars (USD). No other payment methods may apply unless expressly agreed upon in writing by Lessor and Lessee.
- Overdue Invoices. Any overdue invoices will accrue interest at a rate of 1.5% per month. Finance charges may be assessed on past due balances at a periodic rate of 5% per month (Annual Percentage Rate of 18%). Lessee shall be obligated to pay costs and expenses of collection, including but not limited to reasonable attorney fees.
13. Taxes and Other Charges. Lessee shall bear applicable federal, state, municipal, and other government Taxes, fees, or charges of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Lessor and Lessee, are not included in prices shown and must be added in sales record of Lessee. Exemption certificates valid in the place of delivery must be present to Lessor prior to rental reservation start date or equipment ship date, whichever comes first, if they are to be honored.
14. Insurance. Lessee shall acquire comprehensive, all-risk insurance against loss, theft, damage, or destruction of the equipment in an amount no less than the full insurable value of the Lessor shall be named insured on Lessee’s insurance policy, and all proceeds for such loss shall be payable solely to Lessor. Lessee shall also provide comprehensive general liability insurance (including products liability) in an amount not less than $1,000,000.00.
15. Consequential Damages. Lessor shall not be liable for any consequential, incidental, or contingent damages
16. Title. Title to the equipment is now and hereafter shall remain and be vested only in Lessee shall keep the Lessee’s interest in this agreement and the equipment free from all liens and encumbrances.
17. Intellectual Property Protections. Lessee agrees to refrain from any activities that directly or indirectly infringe upon Lessor’s patents, copyrights, trademarks, and Such activities include but are not limited to reverse engineering, dismantling, and disseminating product information to third parties that intend to participate in patent infringing activities of Lessor’s equipment, components, assemblies, systems, or accessories. Lessee agrees to notify Lessor of any suspected infringement and take all actions in good faith to prevent infringing activities. Lessor reserves the right to monitor and enforce applicable patent and copyright protections to the fullest extents of the law.
18. Liability and Indemnity. The Lessee shall be liable for all damage arising from equipment rental use, misuse, or negligence, including any accidents to persons or property arising thereof. Lessee covenants and agrees to indemnify and hold harmless Lessor free from any and all claims, actions, suits, damages, and liabilities, including attorney and legal fees, arising out of, connected with, or resulting from the equipment, tools, and accessories. This includes, without limitations, the manufacture, selection, delivery, possession, or use of the equipment.
19. Anti-Corruption. Lessee agrees it has not made and will not make any direct or indirect payment, offer to pay, or authorization to pay any money, gift, or valuables to any government official or the immediate family of such official for the purpose of influencing an act or decision of the government or such individual in order to assist, directly or indirectly, Lessee in obtaining or retaining business or securing an improper advantage.
20. Default. In the event of Lessee’s default or breach of any term or condition of this agreement, Lessor may terminate this agreement and declare the entire unpaid balance immediately due and payable in addition to any remedy provided by law. At Lessor’s request, Lessee shall immediately (a) assemble the equipment and make it available to the Lessor at Lessee’s premises or at such other place as Lessor may designate, (b) permit Lessor to enter upon Lessee’s premises and remove the equipment or render it unusable, or (c) permit Lessor to dispose of the equipment on Lessee’s premises in such manner as Lessor may determine.
21. Acceptance and Governing Provisions. Lessee’s acceptance of these Terms and Conditions shall be made by (a) signed approval by an authorized official of a quote, estimate, contract, or rental agreement issued by the Lessor; (b) Lessee providing a purchase order (PO) number to Lessor in reference to a quote, estimate, contract, or rental agreement issued by the Lessor; or (c) Lessee’s acceptance of any equipment from Lessor. No additional agreements will be binding upon Lessor or Lessee unless specifically agreed to in No orders for equipment rental shall be binding upon Lessor until accepted in writing by an authorized official. Failure of Lessor to object to provisions contained in any purchase order or other communication from Lessee shall not be construed as a waiver of these Terms and Conditions nor an acceptance of any such provisions.
22. General. These Terms and Conditions are the official equipment rental Terms and Conditions between Lessor and Lessor reserves the right to amend these Terms and Conditions without notice and at Lessor’s sole discretion.