GENERAL TERMS & CONDITIONS
HOURS OF OPERATION: General office hours are Monday-Friday, 8 a.m. - 5 p.m. Services are available and provided on an as-needed basis to meet our customers’ requirements. Local managers are on-duty 24hrs/day to assist with emergencies and last minute needs.
PRICING: Quoted prices typically do not include applicable state & local tax or variable costs such as in-bound freight, ITA delivery and/or associated labor charges. Customer agrees to pay ITA’s total charges.
PAYMENT: All orders are shipped PAYMENT COLLECT unless invoiced with approved credit. Acceptable forms of payment are cash, company check, American Express, Visa or MasterCard. Personal checks are also accepted with appropriate identification. Customer agrees to pay a service charge of $35.00 applied to each returned payment check. With approved credit all ITA charges are due and payable in full within 20 days from the date of invoice. Invoices not paid to term will forfeit proffered payment-to-term discounts and customer agrees invoice shall be subject to interest from the due date at a rate of 18% per annum. Customer further agrees to pay ITA’s collection costs and attorney’s fees, except in consumer transactions.
INDEMNIFICATION: ITA is not responsible and shall not be held liable for any injury or damage that results from or relates in any way to the equipment, accessory items, goods, materials, merchandise or parts purchased, rented or serviced(collectively the "Equipment"). Customer will indemnify ITA against and hold harmless from, any and all of the following ("Claims Against ITA"): claims, actions, proceedings, expenses, damages, liabilities, losses, obligations, injuries, deaths, penalties, liens, costs and expenses, including attorneys' fees (including any of the foregoing arising or imposed without Customer's fault or negligence, or under the doctrine of "strict liability") arising in connection with the Equipment. Customer agrees, upon written notice of the assertion of any Claims Against ITA, to assume full responsibility for the defense thereof. The provisions of this paragraph will survive the termination or expiration of these terms and conditions (the " Agreement") whether by passage of time or otherwise.
GOVERNING LAW / JURISDICTION: This Agreement and the respective rights and obligations of the Parties shall be governed and construed according to the laws of the State of Ohio. ITA and Customer agree that any action brought by any party in connection with this Agreement shall be brought in the courts of Hamilton County, Ohio, and in no other court or place, and each consents to the jurisdiction of the courts of Hamilton County, Ohio.
MODIFICATION: No modification, amendment, discharge, substitution or waiver of this Agreement shall be binding upon ITA unless in writing and signed by the ITA's authorized representative.
LEGAL CONSTRUCTION: If any one or more of the provisions contained in this Agreement are held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision and this Agreement shall be construed as if the INVALID or unenforceable provision had never been contained in it.
EXCEPT AS EXPRESSLY PROVIDED, THERE IS NO WARRANTY OR GUARANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PERFORMED OR PARTS FURNISHED BY ITA
HOURS OF BUSINESS: Rental Services are available and provided on an as needed basis to meet our customers’ requirements. A local manager is on duty, 24 hours a day, 365 days a year, to assist with your emergencies and last minute needs. For assistance with rented AV equipment, call the “on call” number in the box located in the upper right hand corner of the Agreement/Work Order. Alternate numbers to call are the local number in the center box or our corporate offices.
RESPONSIBILITY: Customer agrees that it will use the Equipment at its own risk and will act with reasonable care and caution in the operation of the Equipment. Customer has inspected and has found the Equipment delivered under this Agreement to be in good condition and working order and agrees to return same to ITA in the same condition. Customer agrees to immediately notify ITA’s manager-on-duty of any and all problems or concerns.
CHARGES: Customer accepts full financial responsibility of the Equipment from the time of receipt or delivery until its return to ITA’s care, custody and control. Customer agrees to pay all rental charges for the Equipment delivered at the daily rates set forth in the Agreement for each day or partial day until the equipment is returned to ITA.
DAMAGE CHARGE: Customer will return the Equipment in the same condition and working order as the Equipment was in at the time of delivery or receipt. If ITA determines that the Equipment has not been returned in the same condition, ITA, at its discretion, may require the Customer to either repair or replace the Equipment. Any Equipment not returned within 7 days of the Return Date & Time described on the reverse side shall be deemed lost or stolen and Customer's credit card account will be charged for the replacement cost of the Equipment or Customer will be invoiced for the replacement costs of the Equipment not returned to ITA.
CANCELLATIONS: If a rental order is canceled upon delivery, ITA shall retain, as a cancellation fee, 50% of one day's rental charge for the Equipment and charges for sublet items, transportation and labor. ITA will credit the remaining rental charges.
DELIVERY: Delivery & pick up service is available and is required at a charge when renting certain items. Customer pick-up (CPU) orders may be picked up after 3:00 p.m. on the day prior to the day(s) of intended usage and must be returned before 10:00 a.m. on the day following the usage to avoid additional rental usage charges. Early CPU's or late returns must be pre-authorized in writing to avoid incurring a charge.
DEPOSIT: A security or damage deposit is required when a COD customer picks-up or returns rental equipment, foregoing ITA's delivery or pick-up services, and may be otherwise required at ITA's discretion. A customer may charge the deposit on an acceptable credit card in lieu of providing cash. Deposits are refunded upon return or applied towards late return charges, loss or damage.
TITLE: Title to Equipment covered by this Agreement remains with ITA until the full purchase price is paid.
SPECIAL ORDERS: Special Orders for non-stocked Equipment (“S.O.E.”) may require 100% pre-payment or a deposit of up to 50% of the purchase price. S.O.E. orders are non-cancelable and if refused or returned will be subject to Returns. (below)
RETURNS: Once received Purchased Equipment may not be returned without pre-authorization and is then subject to ITA's inspection. All original packing materials are required. Pre-authorized return freight charges must be pre-paid. A minimum ITA handling fee of 10% will be charged on all returned Equipment unless the return is due to error caused by ITA. Credit may also be subject to factory approval and the credit shall be the lower of the purchase price or ITA’s selling price at the time of return.
SHORTAGES: Shortages and/or claims must be made within seven (7) days of receipt.
GUARANTY: Work Order charges are for this repair only. Labor is guaranteed for 30 days and Parts (installed by ITA) for 90 days after delivery or receipt. Parts furnished are ONLY guaranteed to perform satisfactorily under normal operating conditions AND no guaranty is implied or made with respect to any other parts. In-field labor or subsequent transportation & travel charges associated with guaranty OR repairs that become necessary due to other defective parts will be charged and paid separately.