Equipment Rental Contract
Budget
Posted: 4 year ago
Opened
- Description
- I am going to be renting out a device called a TalksUp. I have a base agreement that the European manufacturer uses, but I want something that is more well structured and aligned with US and DC law.
I need: (a) rental agreement for the device and (b) a simple addendum to the rental agreement that I use to check-in and check-out the device which is aligned with the agreement and will be solid for me if I have to go to court or arbitration.
My business is in Washington DC, and so I am looking for an attorney in VA\MD\DC\WV to write the agreement so that it is optimized for me to go to court in DC if I need to.
___________________________________________
Here are enough of the details to get a sense of the project:
I have attached TalksUp_contract_for_guru.doc which is a base agreement written by the producer of the device.
I want to improve this document so that:
1. There is more specificity about what is being rented
There are actually 9 separate items that are being rented:
o TalksUp Player with a serial number
o Headphones with a serial number
o Usb charger and cable
o 3.5 mm jack cable
o Large branded Case
o Small branded case
o Silcone case to protect TalksUp player (device)
o branded Headband
o Copy of manual
2. There are do's and don'ts about use that the Client agrees to (these will be checked off in Docusign so that the client sees that they need to take care)
I'll refine this, but generally the do's and don't are:
Do’s
( ) Read the manual (its brief)
( ) be aware that the device's touch screen locks to block commands during a listening session. To reactivate the touch screen, place a finger on the screen and swipe.
( ) do charge the device before it displays 2 green squares or less
( ) do keep the device powered on for charging. It will turn off once fully charged
( ) do keep everything in the large case when not in use or being charged
( ) Reach out to Practitioner in the event of any questions
( ) Notify practitioner immediately in the event of loss, theft, or damage
Don’ts
( ) do not take the device out of the silicon sleeve that is provided
( ) do not put SD card in the TalksUp device
( ) do not use a stylus on the device screen
( ) do not use a USB or jack charger other than the ones supplied
( ) to avoid damaging the device battery, do not let the device discharge completely
( ) do not get anything wet
( ) do not expose anything to steam place
( ) do not expose anything to temperatures below 50 degrees F
( ) do not expose anything to temperatures above 90 degrees F
( ) do not store these in a car except during transport
( ) do not expose anything to direct sunlight for extended periods (more than 5 minutes)
( ) do not remove the serial number from the device or the headphones
3. There should be clearer language that also indicates that this is a "fragile" piece of equipment and requires care.
4. The rental fee, security deposit, and late return fees are more clearly specified.
5. The consequence of late return, loss, theft, or damage is more clearly specified. Loss or Theft would be surrender of the security deposit.
Damage:
a. Device - If there is damage to the device, then the security deposit would be surrendered. I would do is ship the device to a repair facility and they would give me a cost for repair or replacement. I would want the client to bear that cost, plus the cost of lost revenue on the device at the rate that I would put the device to use.
b. Anything else - If there is damage to anything else, then they would be charged for the replacement cost of that item.
6. There is a check in-check out form that they sign when taking possession of the device which indicates that every piece of equipment is present and that specifically has check offs for the most delicate parts of the equipment such as the screen, the battery, and the case of the device and the bone conduction transmitter for the headphones. I'd like this to be created so that it supports me in arbitration or court in DC AND so that it gives the client a clear sense of what they should be protecting in the device.
The core issues are:
> On the device that would be the screen, the battery, the connection ports, and the case
> On the headphones that would be standard (air conduction) speakers and the bone conduction transmitter
> The integrity of the cords
7. I'd like to define jurisdiction as DC, and have both parties agree to binding arbitration.
8. There is language in the contract about this not being a medical device, but I'd like stronger language that releases me from any responsibility, culpability, etc.
9. There is some language about proper use. I want to make sure that is aligned with US and DC law.
10. There should be very clear language about the Client having no rights to anything except use of the device for personal use.
Skills:
Contract Management,Contracts,Vendor Contracts,TALKSUP® Contract for guru.docx
- Category
Source: guru.com
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