Fluke DTX-1800120 Copper Cable Analyzer
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Rental Period
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Price
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1 Week:
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$425.00
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2 Weeks
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$550.00
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4 Weeks
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$695.00
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Fiber Instrument Sales (FIS) Rental Terms & Conditions
TERM: The term of this agreement shall commence on the date
equipment is shipped from FIS and shall continue thereafter until the
expiration of the original term and the equipment is returned to FIS in
accordance with Section 7 below. The term “equipment” means all
hardware, software, manuals, accessories, patchcords, mating sleeves,
pens, paper, options, containers, cables, and packaging material
related to the products set forth on the FIS quotation.
RENTALS: The obligation to pay rentals shall begin on the
ship date and continue for the term of this agreement or until
equipment is received back at FIS, whichever is later. Each rental
payment shall be due within 20 days after the date of FIS invoice. The
rental rate is as stated in the rental agreement. In the case of an
extension, the customer must inform FIS. Rental charges will be billed
to the customer using the same method of payment as original rental.
However, if the original rental was issued on net terms and the charge
for the extension exceeds the customer’s credit limit, the rental
charges will be applied to the credit card given as security prior to
original rental. If credit card is declined for any reason, the
equipment is due back the next business day after notification of the
declination or on the termination date of the original rental term.
Any equipment overdue may be charged at the daily rate (see daily rate
schedule of paragraph 9). Overdue accounts are subject to a 2% monthly
finance charge due on demand.
FREIGHT: All equipment is shipped at customers expense FOB
Oriskany, New York. All shipping and insurance costs are to be paid
directly to the carrier by FIS and added to the customer’s invoice.
All equipment shall be returned to FIS, insured to the full asset
value, and in accordance with Section 7 below.
TAXES: Customer shall pay all taxes & other governmental
charges assessed in connection with the rental, use or possession of
the equipment including without limitation, any and all sales and/or
use taxes and personal property taxes. Where applicable, such taxes
will be added to the invoice.
FIS WARRANTY: FIS warrants only that the equipment, when
delivered will be in good operating condition. If any equipment shall
require repair or recalibration, customer shall immediately notify FIS
and obtain FIS consent before any remedial action is taken or any
equipment is returned. The sole obligation of FIS under the foregoing
warranty shall be to repair, recalibrate or, at its option, replace any
equipment that shall fail to meet the warranty, and such obligation
shall constitute the sole and exclusive remedy of customer. IN NO
EVENT SHALL FIS BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SUCH AS ANY LOSS OF REVENUES OR USE OF ANY
EQUIPMENT OR DAMAGE TO OTHER EQUIPMENT, COST OF SUBSTITUTE EQUIPMENT,
OR DOWNTIME COSTS. FIS shall not be responsible for any delays or
failures in making repairs, recalibration or replacement due to
unavailability of parts or labor, strikes, delays in transportation or
other causes beyond its reasonable control. Unless customer gives FIS
written notice of any defect within 24 hours after receipt of each item
of equipment, it shall be conclusively presumed that such equipment was
delivered in good condition. The foregoing warranty shall not apply to
any damage to equipment caused by accident, misuse or abuse. FIS is
not the manufacturer of OTDRs and disclaims all other warranties,
expressed or implied, including without limitation, any warranty of
merchantability or fitness for any particular purpose or that the
equipment will not infringe upon any patent or proprietary right of any
third party.
USE OF EQUIPMENT: The Customer shall not use the Equipment in
other locations without first having notified FIS. Customer shall use
the equipment in a careful and proper manner in compliance with all
laws and other governmental requirements and the manufacturer’s
instructions and specifications. Without the prior written consent of
FIS, customer shall not sell, encumber, assign, sublet, remove, alter,
modify, or repair the equipment and the Equipment shall at all times
remain under the immediate control, supervision and direction of the
Customer personally. The Equipment is and shall remain at all times
the sole and exclusive property of FIS. The Customer agrees not to
remove or cover any tag or nameplate on the Equipment showing ownership
by FIS. Customer shall bear the entire risk of loss or damage to the
equipment from any cause and shall be responsible for procuring
insurance coverage with respect to the equipment and its use and shall
provide FIS with proof. Customer shall indemnify and hold FIS harmless
from any and all claims, liabilities, losses, costs, and expenses
(including reasonable attorneys’ fees) arising out of the use,
possession, operation, or rental of the equipment.
RETURN OF EQUIPMENT: Customer shall return the equipment to FIS,
shipment insured, in substantially the same condition as when first
received, ordinary wear and tear excepted. Customer shall properly
pack for shipment all equipment being returned and shall be responsible
for any damage caused during the return shipment. Customer shall be
responsible for, and pay to FIS on demand, the new replacement cost of
any lost or “materially damaged equipment” (including accessories), as
well as the cost of wear & tear or damage. With respect to lost or
“materially damaged equipment”, customer shall be responsible for
rentals to the date of receipt by FIS of the full new replacement
cost. The term “materially damaged” means damage to the equipment to
such an extent that the cost to repair such equipment equals or exceeds
50% of the fair market value of the equipment at that time. If the
equipment is missing or damaged to a lesser extent, Customer will pay
to FIS upon demand the diminished value of the equipment once it is
ascertained. The acceptance of the return of rented Equipment is not a
waiver by FIS of any claims that it may have against the Customer, nor
a waiver of claims for any damages to the Equipment. Customer shall
indemnify and hold FIS harmless from all claims, liabilities, costs,
and expenses (including attorneys’ fees) arising out of the use,
possession, operation, rental or non-return of equipment.
DEFAULTS & REMEDIES: Customer shall be in default if it
fails to pay any money owed to FIS, or fails to timely perform any
other obligation to FIS, or if any bankruptcy or similar proceedings
under federal or state laws shall be filed by or against customer.
Upon the occurrence of any default, FIS may at any time during the
continuance thereof, and in addition to all other rights & remedies
to FIS at law or in equity, (1) terminate the rental of all products or
equipment rented to customer under the agreement or otherwise, (2)
require customer to assemble and return all such products or equipment,
or repossess all such products or equipment and/or, 3) recover from
customer all amounts payable thereunder. FIS shall not have any duty
to account to customer for the proceeds of any disposition of equipment
subsequent to return or repossession. All rights and remedies of FIS
on default are cumulative and may be exercised simultaneously or
successively. The failure to insist upon strict compliance with the
terms and conditions of this agreement, even after a breach of any
provision or after default, shall not be construed as a waiver of any
of FIS's rights under this agreement. The acceptance of any rent or
other payment, or any portion thereof, after a default by the Customer
shall not be deemed to operate as a waiver of FIS's right to enforce
the payment of rent or other payments herein provided for, or to
terminate this agreement and recover possession of its Equipment.
Customer shall reimburse FIS for all costs and expenses incurred by FIS
in enforcing its rights hereunder, including reasonable attorneys’
fees. This agreement contains the entire understanding between the
parties, including representation, and may not be modified except by
another agreement in writing, signed by both parties to this agreement.
ATTENTION
Please check for proper operation immediately.
Fiber Instrument Sales charges a minimum of $150.00 for missing
accessories. Please see attached check list to verify accessories
shipped with this rental
To avoid any charges for damaged or missing item, please notify Fiber
Instrument Sales of any discrepancies within 24 hours of receipt of
this equipment
If you have any question on the operation of this equipment please
contact the Equipment Rental Division of Fiber Instrument Sales, Inc.
315-736-2206
Please return this equipment to the following address:
Fiber Instrument Sales, Inc.
Equipment Rental Division
161 Clear Road
Oriskany, NY 13424
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