登录dafa > 条款 & 条件
登录dafa,l.L.C.
PRG GEAR的条款和条件(本“协议”)
登录dafa,L.L.C. (“PRG”)同意提供设备(“设备”)和服务, 如果有任何, (“Services”) to the customer (“Client”) under the 条款 of this Agreement. PRG在美国拥有所有品牌和所有门店. 任何工作范围, 报价, 报价, 建议, 由PRG签发的发票或类似文件(每个“SOW”), 在这样的文件下工作在哪里进行, 是否被客户接受并在此成立. Unless otherwise specifically addressed as a per event agreement in the SOW, 本协议自签署之日起一年内有效, 并将续签一年, 除非在工作状态中特别提到, 或由任何一方书面终止.

  1. The “Rental Term” shall begin on the date the 设备 leaves PRG’s warehouse and shall end when the 设备 is returned to PRG at the place designated by PRG. Fees for 设备 and Services, as applicable, are set forth in the SOW. PRG可能要求对设备支付保证金.
  2. PRG represents that all 设备 will leave its custody in good working order. Client shall be responsible to inspect the 设备 and immediately notify PRG of any 设备 determined to be missing or not in good working condition. 除本合同明文规定外, PRG GIVES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE EQUIPMENT, 包括但不限于, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OR AGAINST INTERFERENCE OF INFRINGMENT OR ANY OTHER WARRANTY NOT EXPRESSLY AGREED TO IN WRITING.
  3. PRG’s sole obligation and liability to Client in the event of any malfunction or failure of the 设备 solely caused by PRG shall be to repair the 设备 or provide Client with the same or similar 设备.
  4. Unless otherwise expressly assumed by PRG as part of the Services in a SOW, 客户在整个租赁期内对设备负责. Client assumes all risk in the use and operation of the 设备 and shall be responsible for providing safety devices and equipment to safeguard users of the 设备 and complying with all federal, 国家和地方的法律或法规, 以及所有行业标准. Client agrees that it will not remove or permanently cover the tag or nameplates on the 设备 showing ownership in PRG. Client shall not make any alterations or additions to the 设备 and may not disassemble the 设备 except to the extent necessary to replace consumables.
  5. The 设备 must remain at the venue(s) as set forth in the SOW and may not be transferred without the express prior written approval of PRG. It shall be lawful for PRG or its 代理 at all reasonable times to enter the premises where the 设备 is kept for the purpose of assessing the condition of said 设备.
  6. 本协议不是销售. 客户不应有或在任何时候获得任何占有的权利, 包括通过使用占有, 损失, 损坏或无法归还设备. 设备的所有权在任何时候都属于PRG. Client agrees not to pledge, mortgage or in any other way encumber the 设备.
  7. Client shall reimburse PRG for the cost of any repairs (including charges for shipping, labor and parts) which are required due to any damage to the 设备 occurring during the Rental Term (other than damage which, 在PRG的判断中, 是由于普通使用或PRG的行为). 如果任何或所有设备损坏到无法修理, 或在租赁期间丢失或被盗, Client agrees to reimburse PRG for the full replacement value of the 设备 (without deduction for depreciation). Client further agrees to be responsible for rental costs of the lost or damaged 设备 until such time as 设备 is replaced or repaired.
  8. 在租期结束或提前终止时, 客户应自行承担费用, deliver and return the 设备 to PRG in good condition and repair, 合理的磨损除外. PRG shall notify Client of any damages or 损失 within a reasonable amount of time after the 设备 is returned. Client shall remain responsible for any damage to the 设备 caused during the Rental Period.
  9. 如果适用的话, Client is solely responsible for storing and clearing any and all images (in any form), 或任何其他内容或客户数据(“客户数据”), 在设备归还之前. 在设备归还时, PRG可清除设备上的任何客户数据, however PRG shall have no obligation to preserve or erase any Client Data. PRG shall not be responsible for disclosure of Client Data due to the re-rental of 设备 previously used by or on behalf of Client. PRG is not responsible for unrecorded Client Data or the 损失 of Client Data due to any cause whatsoever, 包括但不限于, 技术故障, 物理伤害, 或PRG员工的错误, 代理, 代表, 承包商或分包商.
  10. Client agrees to insure 设备 at all times during the Rental Term. 就本节而言, PRG Parties系指PRG, 它的父, 子公司, 子公司及其每一个成员, 经理, 董事, 雇员和代理.
  11. a) Client shall carry the following insurance: Commercial General Liability insurance (or equivalent) covering operations, 完成操作和产品责任, 人身伤害责任与广告伤害, 以1美元为限,000,每次$2和$ 000,000,总计000, naming PRG Parties as an Additional Insured on a primary basis and waiver of subrogation in favor of PRG Parties; evidence of Workers Compensation insurance in statutory limits including Employers Liability with a limit of $500,000; and Property insurance on 设备, 保一切险, 包括风暴, 洪水和地震灾害, 运输途中损失, in an amount not less than the full replacement value (NOT rental value) of the 设备 (without deduction for depreciation) naming PRG Parties as Loss Payee. 如果客户正在从PRG地点取设备, 还应办理营业性汽车责任险, 限额不少于500元,000事故.
    (b) Client acknowledges it is solely responsible for the payment of any deductibles on any required insurance. PRG reserves the right to increase these limits based on values and type of event. An umbrella or excess liability policy may be used in conjunction with primary coverage limits to meet the minimum required limits. A valid and compliant insurance certificate evidencing such coverages, 条款, 免赔额数量, and indicating coverage for transit and offsite coverage must be submitted to PRG prior to the release of any 设备 or Services. 如果有必要的话, PRG将提供一份保险证明, as reasonably requested by a venue in order for PRG to perform its Services.

  12. (a)除本协议另有规定外, Nonperformance by either Party of any of its obligations under the Agreement will be an Excusable Delay, to the extent and only for so long as such performance is rendered impossible by fire, 洪水, 地震, 自然的要素或上帝的行为, 战争行为, 恐怖主义, 骚乱, 内乱, 罢工(不属于不履行合同的一方或其分包商), 政府行为, 失败的供应商, 包括供应链和制造商问题, 第三方卡车运输和劳动力短缺(非一方造成), or any other similar cause beyond the reasonable control of the nonperforming Party that would make it impossible, inadvisable or illegal to either render the Services or hold the Event, and the nonperforming Party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible. 在可原谅的延误的情况下, 客户应向PRG偿还其产生的费用, and PRG agrees to use commercially reasonable efforts to mitigate such costs.
    (b) PRG shall not be liable for late delivery caused by Client’s failure to provide information relevant to the 设备 or Services or comply with this Agreement or Excusable Delay.
  13. 未使用的设备将不予津贴. 除非PRG另行书面同意, Client is responsible for all costs in shipping the 设备 and for ensuring that the 设备 is appropriately stored and transported.
  14. Client will be responsible to pay additional fees for any additional Services and 设备 not included in the SOW. Client will pay PRG’s current daily rate for late return of the 设备. Client will incur cancellation fees in the event of any cancellation occurring within 10 days of the start of the Rental Term as follows: 4-10 days = 50% of Fee due; Under 3 days= 100% of Fee due. In the event of cancellation for any reason occurring more than 10 days prior to event, 客户应向PRG支付所有实际发生的费用.
  15. 除非在SOW中特别引用, 定价不包括销售税或使用税, 或者运费. 所有的税收, 付, 如果适用的话, 和运费, 如果有任何, 除约定的价格外,客户还需要支付哪些费用. Client agrees to indemnify PRG for any taxes incurred and costs relating to penalties and collections.
  16. 所有费用应按SOW或发票中规定的方式支付. Client will incur additional fees for late returns and damage to the 设备. 除非另有约定,付款方式为货到付款. PRG will charge the highest rate allowed by law on all late payments. 如果PRG开始一个集合动作, 客户将承担由此产生的所有费用, including reasonable outside attorney’s fees and costs of collection.
  17. 如果客户拖欠付款或违反任何其他条款, or if PRG reasonably believes that the 设备 is in danger of being seized, 采取或销毁, 那么无论如何, PRG有权终止本协议, and retake immediate possession of the 设备 and for such purpose, PRG may enter upon the premises where the 设备 is located and remove it, 有或没有武力或注意, 无需对客户承担任何诉讼责任, 诉讼或其他程序.
  18. The failure by PRG to insist upon strict compliance with these 条款 and conditions even after a breach or default by Client shall not be construed as waiver of any of PRG’s rights under this Agreement.
  19. 委托人同意辩护, indemnify and hold harmless PRG Parties from and against any and all liabilities, 索赔, 要求, 行动, 损失, 损害及费用(包括, 但不限于, 合理的外部律师费和费用)的人身伤害, death or property damage to the 设备 or other property (“Loss”), in any way arising out of or resulting from any of the following: (1) the breach of any 条款 in this Agreement; or (2) Client’s use or possession of 设备; or (3) Client’s negligence or willful misconduct or (4) the transport or shipping of the 设备, 由客户或由客户安排. 为免疑义, the indemnity provided by Client to PRG includes indemnity for 索赔 of personal injury, death or property arising from 内乱 occurring at any site in which the 设备 is located, 而不考虑客户实际参与了动乱. 出于本节的目的,客户端包括其雇员, 代理, 承包商或代表及被邀请者, and excludes indemnity to the extent a Loss arises from a PRG Party’s gross negligence or willful misconduct.
  20. 在任何情况下,任何一方都不对任何后果负责, 偶然的, INDIRECT OR SPECIAL DAMAGES IN CONNECTION WITH THE RENTAL OF THE EQUIPMENT WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  21. 本协议 may not be assigned by Client unless agreed to in writing by PRG.
  22. These 条款 and conditions shall be governed by the laws of the State of California and venue and jurisdiction shall be vested exclusively in a court of competent jurisdiction sitting in Los Angeles County, CA. Both parties agree to accept service of process within or without the State of California in any matter relating to this Agreement. The prevailing party in any such litigation or action shall be entitled to its costs of suit and reasonable outside attorney’s fees.
  23. 如果本协议的一项或多项规定, or the application of any provision to any party or circumstance is held to be invalid, 在任何方面都是不可强制执行或非法的, the remainder of this Agreement shall remain valid and in full force and effect.
  24. PRG expressly rejects any forms or other documents submitted by Client, 包括PO条款和条件. 任何修改的尝试, supplement or amend these 条款 and conditions will be null and void unless agreed to in writing by PRG.
  25. 本协议, 包括播种, contains the entire understanding between the parties and may not be modified except in a writing signed by both parties appended hereto. 这些条款和条件应具有约束力, and Client shall be deemed to have accepted the 条款 and conditions contained herein when (a) Client has received a copy hereof and (b) Client accepts any of the 设备 or Services.
通过接受任何设备, client acknowledges its responsibility for the timely return of the equipment in good working condition.
由于严重的产品和零件短缺, 和运输问题, 我们的经销商, manufacturers and service providers are experiencing prolonged delays. Also, many manufacturers experienced factory and warehouse closures that will impact delivery dates.
PRG不能保证价格直到这个协议被签署,P.O. 是发行和支付存款. 无法保证交付日期.