TERMS AND CONDITIONS
These are Liff Happens, Inc`s phone rental terms and conditions. To agree to them is a condition in order to proceed with any rental from our company, so be sure the read them thoroughly. If you have any questions, don’t hesitate to contact us.
Liff Happens, Inc. (Liff Happens) and Customer (the Customer) hereby agree to the following terms and conditions with respect to the provision by Liff Happens to Customer of the wireless telephone and peripheral equipment (the Equipment) and related services (the Services) which are described in the Rental Agreement attached hereto and incorporated herein by reference.
1. Authorization
1.1 If the Customer is an entity other than an individual, then the person signing the Agreement represents and warrants that he/she has been properly authorized and empowered to enter into the Agreement on behalf of such entity.
2. Delivery of Equipment
2.1 Liff Happens will provide the Equipment at its own risk to the Customer for pickup at the Lost & Found headquarters of the participating music festival.
2.2 Liff Happens will use reasonable efforts to have the Equipment available but it shall not incur any liability in the event of any delay to lack of availability caused by force majeure or other circumstances beyond its control.
3. Charges
3.1 The Customer will pay the Rental Charge from the pickup until all of the Equipment specified in the Rental Agreement is returned to, accepted and scanned by the designated courier (UPS or FEDEX). In case of onsite pick ups, the end of the rental agreement is the day the customer returns the equipment to the Liff Happens, Inc staff. Equipment rental charges apply to full days and fractions thereof.
3.5 The Customer is responsible for phone service and airtime charges and applicable taxes during the entire period the Equipment is rented whether or not the Customer personally makes the calls for which the charges are imposed.
3.6 Liff Happens, Inc. is entitled to bill the Customer, on a delayed basis, at any time after the Equipment has been returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not Liff Happens, Inc. is aware of such charges at the time of the return of the Equipment. All charges and other amounts billed pursuant to this Agreement are payable by the Customer at the end of Rental Period as set forth in Section 3.6, or if not computed at the end of Rental Period, then upon demand given by Liff Happens, Inc. to the Customer.
3.7 The Rental Charge, the Call Charges and any other amounts due to Liff Happens, Inc. under this Agreement are payable at the end of the Rental Period or, in the case of long term rentals, at the end of every billing period, whichever is shorter. Liff Happens, Inc. shall be entitled to charge interest at the rate of 2% per month (or part month) on any overdue amounts. In no event will any late payment charges exceed the highest lawful rate.
4. Credit Card Authorization
4.1 The Customer will submit a US-based credit card to Liff Happens, Inc. for authorization in an amount from $200.00 to $2,250.00 (the “Authorization Amount”) depending on the number and type of Equipment required to fulfill the Customer’s order. Liff Happens, Inc. shall have the right to charge and reauthorize Customer’s credit card each time Customer’s account balance reaches the Authorization Amount. Liff Happens, Inc. reserves the right to increase the Authorization Amount depending on the quantity of the Customer’s order.
4.2 Liff Happens, Inc. may, in its sole discretion, accept a non-US credit card from Customer, in which case Liff Happens, Inc. will take a deposit in lieu of authorization. Liff Happens, Inc. will not accept responsibility for any fluctuation in exchange rates during the period in which a deposit is held.
5. Use of Equipment
5.1 Upon delivery to the Customer Liff Happens, Inc. will provide insturctions on the use of the Equipment.
5.2 The Customer will use the Equipment in a careful and proper manner and in accordance with the instructions and in no other manner.
5.3 The Customer agrees that he/she will not:
5.3.1 effect any repairs or modifications to the Equipment;
5.3.2 remove or interfere with any certification markers affixed to the Equipment;
5.3.3 deface or add to the Equipment;
5.3.4 sublet or allow the use of the Equipment by any third party; or
5.3.5 attempt to dispose of the Equipment or to grant any interest in the Equipment to any third party.
5.3.6 use equipment in direct conflict with any state or federal laws
5.4 In the event of any loss, damage, theft or disappearance of the Equipment while on rental, regardless of circumstances, the Customer shall pay to Liff Happens, Inc. on demand, an amount equivalent to the value of the Equipment in accordance with Liff Happens, Inc.’s then-current Equipment sales prices. In the event the Equipment is stolen or lost, the Customer is liable for all Call Charges on such Equipment until it is deactivated by the cellular carrier.
6. Repairs
6.1 If the Equipment is not in working order when received by the Customer or subsequently malfunctions then the Customer will notify Liff Happens, Inc. immediately.
6.2 Liff Happens, Inc. will repair or replace the Equipment as soon as possible after it has been notified of the problem by the Customer and, provided the Customer is not in breach of the Rental Agreement, Liff Happens, Inc. will provide the Customer with the same or similar equipment (which shall constitute Equipment for purposes of this Agreement) as soon as possible for a period equivalent to the part of the Rental Period unexpired when the malfunction occurred.
6.3 If Liff Happens, Inc. finds that Equipment reported as faulty is in working order then the Customer will pay the cost of collection and delivery of the replacement Equipment.
7. Liability
7.1 Liff Happens, Inc. warrants that the Equipment will be in working order when it is delivered to the Customer but cannot be responsible for the performance of the Equipment or the operation of the telephone network to which it is connected, it being acknowledged by the Customer that Services may be temporarily interrupted (including dropped calls), delayed or otherwise limited due to a variety of causes, including without limitation transmission limitations and by atmospheric and other conditions, system capacity limitations and system and equipment failure.
7.2 LIFF HAPPENS, INC. MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE CELLULAR PHONE SERVICES FURNISHED UNDER THIS AGREEMENT.
Subject to Section 8 the Customer shall be solely responsible for and shall indemnify and hold harmless Liff Happens, Inc. against all claims, demands and liability arising as a result of lease, possession use, condition, operation or misuse of the Equipment or the cellular phone services provided hereunder whether in breach of Section 5 or otherwise arising howsoever.
LIFF HAPPENS, INC. WILL IN NO EVENT BE RESPONSIBLE NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST LIFF HAPPENS, INC. FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL OR DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.
7.3 The Customer shall be liable to Liff Happens, Inc. for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce Liff Happens, Inc.’s rights under this Agreement.
7.4 Liff Happens, Inc. reserves the right to deactivate the Equipment at any time and without notice to the Customer, in the event that Liff Happens, Inc. detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and Liff Happens, Inc. shall have no liability whatsoever to the Customer for such deactivation.
8. Ownership
8.1 The Equipment, including the handset and all accessories will at all times remain the property of Liff Happens, Inc.. The Customer acquires no rights other than temporary use. During the Rental Period no service or part replacements are authorized without written approval from Liff Happens, Inc.. The Customer agrees that he/she has examined the Equipment and that the Equipment is in good working order at the time of receipt.
9. Termination
9.1 Unless otherwise agreed with Liff Happens, Inc. the Customer shall return the Equipment to Liff Happens, Inc. at the designated return address at the end of the Rental Period in good working order and in the same condition as when it was delivered to the Customer. The Customer shall return the Equipment by Federal Express or comparable overnight courier and in accordance with shipping instructions provided by Liff Happens, Inc. at time of delivery of the Equipment. Should the Customer return the Equipment using means other than those specified in the instructions provided by Liff Happens, Inc. at the start of the rental, rental and other charges will continue, and the Customer will remain liable for any damage to the Equipment while the Equipment is in transit. Packages returned with any components or pieces missing from the Equipment will be deemed missing and the Customer will be charged in an amount equal to the Equipment value unless the Customer has accepted.
9.2 Should the Customer (a) obtain use of the Equipment by any misrepresentation or fraudulent means, or (b) tamper with the cellular telephone meter, or (c) use the Equipment for any illegal or improper purpose, or in violation of applicable laws, or (d) otherwise commit a breach of these terms and conditions then Liff Happens, Inc. may, at its option and in addition to other remedies available hereunder at law or in equity, (i) terminate this Agreement, (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the Equipment without being obliged to repay any portion of the Rental Charges. Liff Happens, Inc. may also terminate this Agreement without any liability whatsoever to the Customer in the event that service is not available to Liff Happens, Inc. by a systems operator. No remedy of Liff Happens, Inc. shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
11. Applicable Law
11.1 This Agreement shall be governed by the laws of the State of Illinois. In addition, this Agreement is subject to applicable foreign, federal and state laws and tariffs.
12. General
12.1 The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
12.2 No waiver by Liff Happens, Inc. of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
12.3 This Agreement cannot be assigned or transferred by the Customer, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by Liff Happens, Inc. or its authorized agent. This Agreement constitutes the entire agreement between Liff Happens, Inc. and the Customer; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment or the Services, other than as set forth herein.
12.4 Liff Happens, Inc. is not liable for any lack of privacy which may be experienced with regard to the Services. The Customer authorizes Liff Happens, Inc.’s monitoring and recording of calls concerning the Customer’s account or the Services and consents to Liff Happens, Inc.’s use of automatic dialing equipment to contact the Customer. Liff Happens, Inc. has the right to intercept and disclose transmissions in order to protect its rights or property.
