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TERMS & CONDITIONS
Precision Laser & Instrument, Inc. (hereinafter “Precision Laser”) hereby rents and or sells to the customer or his agent (hereinafter “customer”), identified by his signature on the reverse page of this contract, the personal property described on the reverse page of this contract, subject to all terms and conditions on either page of this contract, and the customer, in consideration thereof, acknowledges and agrees as follows:
1. INDEMNIFICATION: Customer assumes liability for, and shall indemnify, defend and hold harmless Precision Laser, its agents, employees, officers, directors, successors, and assigns from and against, any and all liabilities, obligations, losses, demands, damages, injuries (including, but not limited to bodily injury, illness, and death), claims, penalties, suites, actions, costs, and expenses, including attorney fees, of whatsoever kind and nature, relating to or arising out of the use, condition (including, but not limited to, latent and other defects and whether or not discoverable by lessee or Precision Laser), operation, ownership, selection, delivery, leasing, or return of the equipment, regardless of where, how, and by whom operated, or any failure on the part of the customer to perform or comply with the conditions of this contract. The parties agree that Precision Laser shall only be liable or responsible for actions where Precision Laser is 100% at fault or of willful misconduct.
Without limiting the generality of the foregoing, customer shall, at its own cost and expense, defend Precision Laser against all claims, suites or proceedings commenced by anyone in which Precision Laser is named as a party for which Precision Laser is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Precision Laser, and customer shall be liable and responsible for all costs, expenses, and attorney’s fees incurred in the defense and/or settlement, judgment, or other resolution thereof. In the event any such action is commenced naming Precision Laser as a party, Precision Laser may, in its sole discretion, elect to defend said action on its own behalf with counsel of its own choice, and customer shall be liable for and reimburse Precision Laser for all costs, expenses, and attorneys fees incurred by Precision Laser in such defense.
Purpose of this Clause: It is understood and agreed by the parties that the purpose of this clause is to completely shift all risk of all claims relating to or arising out of the sale, rental and or repair to customer hereunder. It is the intention of the parties that this clause be interpreted broadly and in favor of Precision Laser.
2. That customer certifies and acknowledges that they have this date and at the time specified received from Precision Laser the personal property listed and identified in this contract.
3. That customer used the product(s) solely for the purpose for which manufactured and intended.
4. That customer has personally inspected the personal property and found it to be in good working and unbroken condition when received.
5. That customer, if the personal property is lost or damaged, will pay Precision Laser the current retail price or cost of repair of the personal property lost or damaged.
6. That customer will immediately discontinue use of the personal property should it at any time, while in customer’s possession become unsafe or in a state of disrepair, and the customer will immediately notify Precision Laser that the equipment is unsafe and in disrepair. Customer agrees to comply with all laws and hold Precision Laser harmless against violations.
7. That customer will pay all collection fees, court costs, attorney’s fees, or any other expense required to enforce the terms and conditions of this contract at a rate of 50% for any balance less than $1, 000.00 and 30% for any balance greater than $1,000.00.
8. Precision Laser expressly disclaims any and all express and implied warranties including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
9. Customer will pay rent from delivery until return at the rate quoted. Excess use of equipment shall mean all hours in excess of 8 hours a day, 40 hours a week, and 160 hours a month. There will be an additional charge for excess use.
10. Valid proof of insurance is required for loss due to theft or damage, customer shall exercise all rights available to him under said insurance, to take action necessary to process said claims, and customer further agrees to assign said claims and any and all proceeds from such insurance to Precision Laser and advise Precision Laser concerning insurance carried.
11. Any equipment left at Precision Laser for more than three months will be considered abandoned and will be placed into our rental fleet or discarded.
12. Precision Laser will charge a data transfer flat fee of $45.00 for any data left on rental units that needs to be downloaded and provided back to the customer.
FTC Privacy Notice/NOTICE OF PRIVACY PRACTICES OF PRECISION LASER AND INSTRUMENT, INC. (PLI)
Congress has passed the Gramm-Leach-Bliley Act (GLB Act). In part, the GLB Act deals with how financial institutions treat nonpublic personal financial information. Since you have provided to us nonpublic personal financial information in the form of your credit card information, we believe that PLI’s retention of this credit card information is included within the scope of the GLB Act. Therefore, we are advising you of our privacy practices in this letter.
ACQUISITION OF CLIENT INFORMATION
PLI can collect nonpublic personal financial information (subsequently in this letter called “information”) about our clients from information provided by our clients so that we can perform services on their behalf as part of our business relationship. Unless you give us permission or we let you know, ordinarily, we would not obtain information from sources such as consumer reporting agencies. In general, we only collect information in order to permit PLI to easily and expeditiously process any orders that you place with us.
DISCLOSURE OF CLIENT INFORMATION
If, as a result of representing you, we obtain information about you, regardless of the source, unless reasonably required because of the nature of the particular activity in which we are engaged, unless we receive your written permission, we will not disclose such information to persons outside of PLI. Of course, in the event that litigation arises relative to our business relationship, if disclosure of information to opposing parties or counsel is required during the course of such litigation, whether or not you or PLI are parties to such litigation, such disclosure will have to occur. In addition to this, PLI must advise you that in the normal course of events, a possibility exists that information might be observed by someone (such as a computer technician) working on our computers or by professionals rendering services to us such as accountants.
OPT-OUT PROVISION
FTC regulations provide that our notice to you must include a provision for you to request that PLI not release your information. While we believe that such a request is (or may be) unnecessary for the reasons set forth above, in order to satisfy the regulations, we are including this opt-out provision. If you object to any of the circumstances listed above that indicate when your information is disclosed or may have a potential to be observed or disclosed, please provide us with a written request to the address on our letterhead to prevent any such disclosure or potential disclosure to be observed and we will follow your wishes. Alternatively, if you prefer, please advise us, and we will prepare a form for you to sign and return to us.
PLI presumes that you may have received a number of other Notices of Privacy Practices from various financial institutions. These can be additional sources of information on the GLB Act.
You do not have to call us or do anything as a result of receiving this notice. It is meant to inform you of how we safeguard your information. You may wish to file this notice with your important papers. If you have any questions, please feel free to give us a call.
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