All rentals made by The Production Fox (hereinafter called "Lessor") to its equipment rental customers (hereinafter called “Lessee”) are subject to the following Equipment Rental Terms and Conditions. Lessee’s acceptance of these terms and conditions shall be made by either (a) Lessee providing a purchase order number to Lessor or (b) Lessee’s acceptance of any equipment from Lessor, whichever occurs first. 

1. Availability, Acceptance and Governing Provisions.  All equipment rentals are subject to availability of equipment at time of order. No orders for equipment rental machines or products of The Production Fox shall be binding upon Lessor until accepted in writing by an authorized official; and in all events any such order shall be subject to these terms and conditions which shall be deemed part of such order upon acceptance thereof by Lessor. No additional agreements will be binding upon Lessor unless specifically agreed to in writing. Failure of Lessor to object to provisions contained in any purchase order or other communication from a Lessee shall not be construed as a waiver of these terms and conditions, nor an acceptance of any such provisions. This contract and these terms and conditions shall constitute the entire agreement between Lessor and Lessee, and shall be governed by and shall be construed according to the internal laws of the State of Florida.  
2. Rental Period.  The rental period begins on the day of shipment from the originating rental facility, and ends on the day of the equipments return to the originating facility. No allowance is made for Sundays, Holidays or time in transit. Lessee is obligated to return equipment to the originating facility or incur additional expense unless other arrangements have been agreed to in writing by Lessor’s authorized official. 
3. Equipment Usage.  Lessee agrees that equipment usage shall be normal and customary, and warrants that Lessee is familiar and experienced in the safe operation of all rented equipment. Training in proper handling and safe operation is strongly recommended for inexperienced or first time users of the equipment. Lessee agrees that equipment rental does not grant Lessee any title or property rights in the equipment, all title and property rights shall remain with the Lessor. 
4. Condition of Equipment. Lessee hereby acknowledges receipt of the equipment in good working order. Lessee further acknowledges that it has examined the equipment and declares that it has received all of such equipment in secure and good working condition. Lessee’s failure to object in writing to the condition of the equipment within 6 hours after receipt thereof shall be deemed conclusive that all of the equipment was in good working order when delivered. 
5. Minimum Order and Returns.  All orders shall be subject to Lessor’s minimum order amount of $50.00 USD, or a surcharge may be assessed. Expendable orders and delivery charges are non refundable.
6. Payment. All prices are quoted, and payments must be received, in U.S. Dollars (USD). Unless otherwise expressly stated, all prices are subject to change without notice. Payment is due upon the completion of the rental period, defined as the return of the rented equipment. The Lessee agrees to sign a credit card authorization form to facilitate timely payment processing. Visa, MasterCard, and American Express are accepted forms of payment. In the event of late payment past
   three (3) days from the time of rental return, a late fee of ten percent (10%) will be assessed on any outstanding balance. An additional late fee of ten percent (10%) will be assessed after seven (7) days, totaling no less than twenty percent (20%) of the original invoice total.
7. Delivery Charges.  The Lessee is responsible for all delivery charges incurred on all equipment rental orders, both outbound and inbound, from the originating Lessor’s facility. Deliveries arranged by Lessor are prepaid, and will be added to the Lessee’s invoice subject to an additional handling or set up charge as applicable. Delivery charges are nonrefundable and will be waived if pick up and drop off times are arranged by Lessee. 
8. Taxes and Other Charges.  Lessee shall bear applicable federal, state, municipal, and other government taxes (such as manufacturer's tax, retailer's occupation tax, use tax, sales tax, excise tax, duty, custom, inspection or testing fee, etc.) 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 presented to Lessor at order acceptance and prior to delivery/pick up if they are to be honored.
9. 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 condition at all times. Equipment returned by Lessee inoperative, damaged, or with missing components must be replaced by the Lessee at their own expense, with no option for repair or refurbishment. Lessee shall be notified of the replacement costs, including parts and labor. All equipment which cannot be returned to Lessor due to nuclear contamination or other causes will be invoiced to Lessee at its current published list price.
10. Liability and Indemnity.  The Lessee shall be liable for all damage arising from equipment rental use, misuse or negligence of Lessee, 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’s fees, arising out of, connected with, or resulting from the rented equipment and/or its complimentary tools or attachments. This includes, without limitations, the manufacture, selection, delivery, possession or use of the rented equipment. 
11. Consequential Damages.  Lessor shall not be liable for any consequential, incidental or contingent damages whatsoever. 
12. Subletting. No part of the equipment shall be sublet, transferred or assigned by Lessee or removed from the location at which it was intended by Lessor to be used, as represented by Lessee, except with the prior written consent of Lessor. 
13. Insurance. For all rentals totaling $2,000 or more, Lessee shall obtain comprehensive, all-risk insurance against loss, theft, damage, or destruction of the equipment in an amount not less than the full insurable value of the equipment. Lessor shall be named as an additional 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. Such insurance certificate shall provide Lessor with ten (10) days' notice of any cancellation. For rentals totaling less than $2,000, the requirement for insurance shall be at the sole discretion of the Lessor.
14. 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, and 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. 
15. General.  These terms and conditions, as published on the The Production Fox website located at www.theproductionfox.com at the time of equipment rental, are the official equipment rental terms and conditions between The Production Fox (Lessor) and equipment rental customer (Lessee), and may be amended from time to time without notice at Lessor’s sole discretion. 

The Production Fox Equipment Rental Terms and Conditions | Revised June 28, 2024