AFL Noyes SMLP5-5 Kit

AFL Noyes SMLP5-5 Kit

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.

 
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