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RENTER rents from Tokyo IT SERVICES ("TOKYO IT") the computer equipment ("Equipment") described for the period & price quoted.
- RENT
RENTER agrees to pay the rental fee as specified. The first rental
payment is due at the time of the execution of this agreement.
Subsequent renewal rental payments shall be due on the renewal
dates. All rent shall be paid to Tokyo IT Services (gTOKYO ITh)
by cash at TOKYO IT office (5th Floor, Shinwa Building, Hamamatsucho, Minato-ku, Tokyo, Japan) or wire transfer to TOKYO
ITfs designated bank account.
- RENTAL PERIOD EXPIRATION/RENEWAL
A. The@rental of Equipment commences when
Equipment is received by RENTER and ends when Equipment is returned
to TOKYO IT. Delayed return of Equipment shall be charged at the
daily rental rate multiplied by the number of days late. The rental
period starts from the date the Equipment is shipped, and ends
when TOKYO IT receives the Equipment.
B. The RENTER shall make rental extension applications
or requests three (3) business days before the expiration of the
rental term as shown in the attached schedule, otherwise Subsection
A of Article 2 will prevail.
- TRAINING & SUPPORT
It is RENTERfs responsibility to acquire the necessary knowledge
/ skills to use the Equipment. TOKYO IT does not provide training
unless separately contracted to do so. It is RENTERfs responsibility
to acquire the necessary material/manuals (books) to understand
the Equipmentfs operation. TOKYO IT does not provide Computer
books or Manuals unless requested to do so at the RENTERfs sole
cost.
- SOFTWARE
In compliance with Japanese laws, TOKYO IT does not provide computers
with any application software installed. All Computer hardware
is provided with an appropriately licensed copy of operating system
including driver software necessary for normal function only.
RENTER shall acquire all necessary application/utility software
at his/her own cost to further enhance the functionality of the
rental equipment.
A. Under no circumstances TOKYO IT shall be held
responsible for software related defects, crashes, bugs, viruses,
updates, loss of data and time.
B. TOKYO IT does not warrant any softwarefs functionality
on the rented equipment under any circumstance whether the software
is installed by TOKYO IT or by the RENTER.
C. TOKYO IT shall charge for any or all consultation
regarding any software inquiries or support calls at its prevailing
per hour consultation rate.
- SETUP & INSTALLATION
The Equipment rental fee does not include the cost of delivery
of the Equipment to the RENTERfs office or residence, setup or
installation. RENTER is responsible to setup the Equipment. TOKYO
IT will provide installation services, upon request, at prevailing
service rates.
- NOTICE OF DEFECTS
Unless RENTER gives TOKYO IT prior written notice of each defect
or other proper objection to an item of Equipment within one (1)
business day after receipt thereof, it shall be conclusively presumed
that the item was delivered in good condition and that RENTER
accepts it as the item of Equipment described in the attached
schedule. TOKYO IT upon receipt of such notice shall determine
the cause of the defect and remedy the defect only if the defect
is found to be of the rented hardware only. Under no circumstances
TOKYO IT shall be held responsible for any software related defects,
crashes, bugs, viruses, updates, loss of data and time.
- REPAIRS
TOKYO IT, at its expense, shall keep the hardware Equipment in
good repair and furnish all parts, mechanisms and devices required.
All hardware defects shall be rectified or a replacement machine
provided within 48 hours.
- PROPER USE & SAFEKEEPING OF EQUIPMENT
RENTER shall ensure that the Equipment is in safekeeping during
the rental period. RENTER shall pay all costs necessary for the
safekeeping of the Equipment and shall not use the Equipment for
any purposes other than that agreed by both parties. RENTER shall
not transfer, sublease or modify the Equipment without TOKYO IT's
written consent. RENTER shall not disassemble, repair or adjust
the Equipment. RENTER shall not remove or blotch any labels on
the Equipment that show the ownership of or the date of the latest
adjustment of the Equipment. If RENTER wants to move the Equipment
to a place other than that specified in the contract, he/she must
obtain a written approval from TOKYO IT. TOKYO IT may check the
Equipment where it is installed at the discretion of TOKYO IT.
- RETURN
Upon the expiration of the rental agreement, RENTER shall deliver
the Equipment to the offices of TOKYO IT.
- LOSS & DAMAGE
RENTER shall bear the entire risk of loss, theft, damage or destruction
of the Equipment unless caused by the actions of TOKYO ITfs employees
or sub-contractors. In the event that RENTER is responsible for
loss, theft, damage or destruction of the Equipment, RENTER shall
not be relieved of the obligation to pay rent or any other obligation
under this rental agreement. In the event of damage to any item
of Equipment caused by RENTER, RENTER will immediately replace
the same in good repair or bear all the costs associated with
repair of Equipment. If TOKYO IT determines that any item of Equipment
is lost, stolen, destroyed or damaged beyond repair as a result
of RENTERfs action, RENTER shall pay TOKYO IT the following:
A. All amounts payable for the rental period
specified.
B. An amount equal to one hundred percent (100%)
of the replacement cost of said item of Equipment
C. TOKYO IT reserves the right to deduct all
costs from RENTERfs security deposit or bill it separately, at
TOKYO ITfs sole discretion.
- CANCELLATION
Due to the complexity and logistic matter of the rental business,
TOKYO IT CANNOT accept a cancellation once a reservation has been
placed, unless TOKYO IT fails to provide the equipment as ordered
and in working condition. If the RENTER cancels without good cause
as above, he/she remains liable for the full amount payable under
this rental agreement.
- INDEMNITY
RENTER shall indemnify TOKYO IT against, and hold harmless from,
any and all claims, actions, proceedings, expenses, damages and
liabilities, including attorney's fees, arising in connection
with the Equipment, including without limitation its manufacture,
selection, purchase, delivery, possession, use, operation or return
and the recovery of claims under insurance policies. In no event
shall TOKYO IT be liable for any indirect, special, incidental
or consequential damages arising out of or in connection with
any breach of any provision of this rental agreement, including
without limitation loss of business profits, business interruption
or any pecuniary loss.
- DEFAULT
If RENTER fails to pay the rental fee within ten (10) days after
the same is due, TOKYO IT shall have the right to exercise any
one or more of the following remedies:
A. To sue for and recover all rents and other
amounts due or thereafter accruing under this rental agreement;
B. To take possession of any or all of the Equipment,
wherever it may be located, without demand or notice and without
any court order or other process of law; or
C. To terminate this rental as to any or all
items of Equipment.
- INFORMATION RETRIEVAL
After RENTER returns the Equipment to TOKYO IT, RENTER forfeits
the right to the return, restoration or deletion of information
recorded in the Equipment, or to a claim for damages from TOKYO
IT for the loss of such information.
I the RENTER hereby have read the terms & conditions carefully and agree to abide by them.
These terms & conditions are subject to change without prior notice, at the sole discretion of Tokyo IT Services.
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