Garmin Livescope Bundle Rental Agreement

Terms and Conditions

1. Representations, Warranties and Agreements: Customer has selected the Equipment without relying upon any suggestion or recommendations of Rental Company and Customer understands and agrees that Rental Company assumes no responsibility for the Equipment as being fit for any particular purpose. Customer agrees that the Equipment was selected by it. Rental Company represents and warrants as follows: (1) the Equipment is free from known defects and is in good working order to the best of their knowledge at the inception of the rental; (2) Rental Company is responsible for routine repair and maintenance of the Equipment prior to rental; (3) (if applicable) all services provided by Rental Company will be performed in a professional and competent manner; (4) Rental Company has the right to enter into the rental of the Equipment and (5) Rental Company has complied and will continue to comply with all applicable federal, state and local laws, rules, regulations, ordinances, licensing requirements and business codes, as well as applicable manufacturer’s specifications. Customer agrees as follows: (a) except as set forth in Rental Company’s representations and warranties above, the Equipment is rented to Customer without any warranty or guaranty of any kind, express or implied, and specifically, there is no warranty of merchantability or fitness for a particular purpose; (b) Rental Company shall not be held responsible with respect to production downtime, loss of profits, extra expense, indirect damages, production delays; and (c) except as set forth in Rental Company’s representations and warranties above, Customer is responsible for all costs associated with any repair or replacement (without deduction for depreciation) of the Equipment necessitated as a result of Customer’s usage, possession, transportation or failure to return the Equipment for any reason, including, without limitation, as a result of the negligence or willful misconduct of Customer, its employees, agents, or contractors. Customer represents, warrants and agrees that Customer has complied and will continue to comply with all applicable federal, state and local laws, rules, regulations, ordinances, licensing requirements and business codes, and manufacturer’s recommendations as to the safe use of the Equipment.

 

Replacement Costs

Garmin Echomap Ultra 2 10” - $1599.99
Garmin Echomap Ultra 2 12” - $2399.99
ArcLabs Shuttle with Cleat - $197.00
Summit Pole - $129.00
GLS 10 Black Box - $499.99
LVS 34 Transducer - $1199.99
Amped 32ah Battery - $229.99
Amped Charger - $29.99
Net Buddy Transducer Cover - $20.00

2. Testing: Customer acknowledges that its representative has inspected and tested all Equipment at the time of rental and that all Equipment is in good and working order and acceptable to Customer.

3. Non-Working Equipment: Customer shall notify Rental Company immediately of any malfunction and/or alleged damage of any Equipment. In the event Equipment is not functioning and/or damaged other than as a result of Customer’s negligence or willful acts, Customer shall have the option of accepting other like Equipment in exchange for such nonworking Equipment or returning all Equipment and canceling this agreement should Rental Company not be able to provide substitute Equipment in a timely fashion. The rental charges for all such non-working Equipment so returned to Rental Company shall be abated from the time of acceptance and return to Rental Company. Likewise, rental charges shall accrue and be owed for any replacement Equipment.

4. Risk of Loss: Customer assumes all risk of loss whether or not covered by Customer’s insurance coverage, except to the extent of any loss arising from the negligence or willful misconduct of Rental Company, its employees, agents, or contractors. Customer is deemed to have taken constructive possession of the Equipment the moment Equipment is in Customer’s custody and control (i.e. Customer has picked up the Equipment from Rental Company and/or Rental Company has delivered the Equipment to Customer). In addition, if Rental Company ships the Equipment at Customer’s request, Customer shall be responsible for both the risk of loss in transit and the transportation costs. Customer’s responsibility shall include, but not be limited to, risks while in transit by any means (other than transit supplied by Rental Company), at all locations named and unnamed, at all studios, while on Customer’s premises, and while in Customer’s use. Customer is responsible for picking up and returning the Equipment to/from the rental facility during normal business hours. If Rental Company delivers and/or picks up the Equipment, Rental Company will be responsible for the risk of loss in transit while the Equipment is in the custody of Rental Company and Customer will be responsible for transportation costs.

5. Storage: Customer bears the risk of loss for all property not provided by Rental Company (including but not limited to fish finder head unit, transducer, etc stored and/or transported by Rental Company for Customer’s ultimate use. Rental Company shall be acting as the agent of Customer in storing and/or transporting property which belongs to third parties.

 

6. Missing and Damage: Rental Company shall provide Customer (with a copy to the accounting department of Customer and another department or person if otherwise designated) with a list of missing and damaged Equipment, if any, within three business days after the Equipment has been returned to Rental Company. Rental Company upon receipt of the compilation of the repair or replacement cost estimates will forward these estimates to Customer. Customer shall have the option of making arrangements with Rental Company to have their crew member(s) verify the Equipment physically returned to Rental Company at a time that is mutually agreeable within the first day of return.

7. Clearing of Data: Customer is responsible for clearing any and all images (in any form) prior to the return of the Equipment to Rental Company, and Customer authorizes Rental Company to clear the Equipment of any and all images, content or data immediately upon return of the Equipment to Rental Company. It shall be the sole responsibility and obligation of Customer to arrange for the safeguarding and storage of Customer’s images, content or data prior to the return of the Equipment to Rental Company.

8. Title: Customer specifically acknowledges Rental Company’s superior title and ownership of the Equipment and must keep the Equipment free of all liens, levies and encumbrances except those caused by or resulting from Rental Company’s acts. Customer may not assign or pledge the Equipment.

9. Default: In the event that Customer (a) fails to make payment when due hereunder, or (c) becomes insolvent, files a petition in bankruptcy, seeks the appointment of a receiver (or has a receiver appointed) for all or a substantial portion of its property, or has an involuntary petition in bankruptcy filed against it, Customer shall be in default hereunder. Upon such default, Rental Company may, in its sole discretion, terminate this rental agreement and, and to the extent permitted by law, immediately repossess the Equipment without any prior notice to Customer, the receiver, bankruptcy trustee, assignee for the benefit of the creditors, or levying officer. Customer hereby grants to Rental Company the right and permission to lawfully enter the Customer’s premises where the Equipment is kept following any such default for the purpose of repossessing the Equipment without liability of trespass or any liability for any damage that might occur as a result of such entry.

10. Indemnity: Customer agrees to indemnify, defend and hold harmless Rental Company and its officers, employees, agents and licensees against any and all claims, actions, damages, liabilities and expenses arising from the use, possession or operation of the Equipment and by whomsoever operated at the direction of the Customer, Customer’s breach of any representations or warranties made herein, or from the negligence or willful conduct of Customer, its employees, agents or contractors. This indemnification shall survive the term of the rental agreement. Rental Company agrees to indemnify, defend and hold harmless Customer and its officers, employees, agents and licensees solely as respects bodily injury and property damage claims, actions, damages, liabilities and expenses arising from Rental Company’s negligence or willful misconduct of Rental Company, or that of Rental Company’s employees, agents, or contractors, Rental Company not having the right to rent the Equipment or Rental Company’s failure to maintain insurance enumerated in 7c above. This indemnification shall survive the term of the rental agreement.

11. Entire Agreement: Customer agrees that they have read and fully understand and accept all provisions of this agreement prior to executing this agreement. The signed Rental Contract together with these Terms and Conditions constitute the entire agreement between Rental Company and Customer. In the event of conflict between any terms or provisions of the Rental Contract and these Terms and Conditions, the terms and provisions of these Terms and Conditions shall govern and control. Any changes must be made in writing and signed by both parties. If Customer is a corporation or other entity, the person executing the Rental Contract represents and warrants that he/she has full power and authority to execute the Rental Contract on behalf of the entity and bind such entity to the agreements, terms and conditions hereof. Customer acknowledges that a photocopy or electronic version of this document shall constitute the same consent as an original.

12. Governing Law: This rental agreement has been entered into in the State of North Dakota and shall be governed by laws of the State of North Dakota without reference to any conflicts of law principles. Customer and Rental Company agree to the State of North Dakota having the sole jurisdiction to govern any and all disputes arising between Customer and Rental Company as respects the rental of Equipment. If any portion of this agreement is found to be invalid, unenforceable, waived or otherwise deficient, it shall be severable from the remaining provisions and all other provisions shall remain in full force and effect.

13. Definitions: As used in the Rental Contract and these Terms and Conditions, the following terms have the following meanings: “Customer” shall mean the entities and/or individuals so identified on page 1 of the Rental Contract; “Equipment” shall mean all equipment and/or vehicle(s) so listed in the Rental Contract; “Rental Company” shall mean the entities and/ or individuals so identified on page 1 of the Rental Contract; and, “Vehicle” shall mean those motorized and other means of conveyance so listed in the Rental Contract.

Revised 12/26/2024