Terms & Conditions

MONITORING SERVICES, INC.

EQUIPMENT RENTAL AGREEMENT

Licensor: Monitoring Services, Inc., a Minnesota corporation ("MSI")

Licensee hereby authorizes MSI to submit a credit card voucher (if applicable) in Licensee’s name for payment. This Agreement is binding on the Licensee and the person agreeing to this Agreement on behalf of Licensee is an authorized signatory, with the power and authority to bind Licensee.

TERMS AND CONDITIONS

MSI refers to Monitoring Services, Inc. “You,” “your” and “Licensee” each refers to you as the renter of the equipment. By signing the front page of this Agreement you agree to the following:

  1. Limited Revocable License. MSI grants, and you accept, a limited, revocable right to use the Equipment, subject to the terms and conditions set forth herein. This license may be terminated by MSI at any time by written notice to you, in full or in part, including without limitation if you fail to abide by the terms and conditions for use of the Equipment
  2. Fees. You will pay all charges due on MSI’s demand. You authorize MSI to charge your credit card for the pre-calculated charges upon your signing this Agreement. If you are overcharged or undercharged, MSI may charge or credit your credit card accordingly. You agree to pay a late fee of 1 ½ percent (1.5%) per month on past due balances. You agree to pay any collection costs, including reasonable attorneys’ fees.
  3. Use of Equipment. You agree that the Equipment will be operated in accordance with applicable operating instructions, manufacturer’s guidelines, policies or procedures and all laws and government regulations. .
  4. Return of Equipment. You will return the Equipment to the location and on the date and time provided by MSI, if requested by MSI. You will return the Equipment it in the same condition it was in as of your taking possession, reasonable wear and tear excepted. You will pay all charges, losses and expenses if you fail to do any of these things. MSI may repossess the Equipment at your cost and without notice to you if you fail to return it or if you otherwise violate any provision of this Agreement.
  5. Loss or Damage. You are responsible for the FULL VALUE of any loss of or damage to the Equipment while in your possession and will pay the cost to repair or replace the Equipment, regardless of fault. You understand and acknowledge that your liability for loss or damage is not limited to the amount of any deposits you paid to MSI.
  6. Title.You agree that you shall not obtain any legal or equitable title in and to the Equipment, it being expressly understood that this Agreement is an agreement for rental use only. You agree to affix to the Equipment any labels supplied by MSI indicating ownership of the Equipment, so long as such labels are reasonable and do not interfere with Licensee’s use or operation of the Equipment. You agree to keep the Equipment free from all claims, liens and encumbrances.
  7. Warranty.MSI warrants to Licensee that, so long as Licensee shall not be in default of any of the provisions of this Agreement, MSI will not disturb Licensee’s quiet and peaceful possession of the Equipment and Licensee’s unrestricted use thereof for its intended purpose.
  8. DISCLAIMER.MSI MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN OR CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE EQUIPMENT. LICENSEE LEASES THE EQUIPMENT “AS IS.” MSI shall not be liable for the selection, quality, condition, merchantability, suitability, fitness, operation or performance of the Equipment. Without limiting the generality of the foregoing, MSI shall not be liable to Licensee for any liability, claim, loss, damage or expense of any kind or nature (including strict liability in tort) caused directly or indirectly by the Equipment or any inadequacy thereof for any purpose or any deficiency or defect therein or the use or maintenance thereof, or any loss of business or any damage whatsoever and howsoever caused, except for any such loss or damage caused by the willful misconduct of MSI or its agents and representatives. In the event of breach by MSI of any provision of this Agreement, Licensee’s sole and exclusive remedy shall be return of the Equipment to MSI and receive a refund, from the date of return, of any prepaid rent.
  9. Acknowledgement. You acknowledge and agree that MSI is not guaranteeing outcomes at trial or other legal proceedings from the use of the Equipment. You should consult with your attorney for legal advice relevant to your particular circumstances.
  10. Indemnification. You agree that you will hold MSI (and its officers, directors, employees and agents) harmless from and against any claims, suits, demands, fines, costs, liability, loss, damage or expenses caused by, arising out of or in connection with your breach of this Agreement or your use of the Equipment.
  11. Limitation of Damages. MSI will not be liable for any indirect, special or consequential damages incurred by you in connection with or rising out of the furnishing, performance or use of the Equipment. MSI’S LIABILITY TO YOU FOR DAMAGES RELATED TO THIS AGREEMENT OR THE EQUIPMENT AT LAW OR IN EQUITY IS LIMITED TO THE TOTAL AMOUNT PAID BY LICENSEE UNDER THIS AGREEMENT. MSI is not liable for any failure to perform or damages caused by acts of God, force majeure or other unforeseen event or circumstance beyond MSI’s control.
  12. Governing Law. This agreement shall be construed in accordance with and governed by the internal laws of the State of Minnesota, without regard to its choice of law principles. If suit is necessary to enforce any of the terms of this agreement, you hereby irrevocably submit to the exclusive jurisdiction of the state courts of the State of Minnesota and the United States Federal courts sitting in the State of Minnesota.
  13. Severability. The invalidity of any portion of this agreement shall not affect the remaining valid portions hereof, and the remainder of this agreement shall remain in full force and effect. Any invalid provision shall be replaced by such valid provisions as comes closest to the economic intentions of the Parties.
  14. Miscellaneous. This Agreement shall not be assigned by either of the parties hereto. It shall be binding and insure to the benefit of the successors, administrators, executors or heirs of the parties hereto. Any amendments to this Agreement must be in a writing signed by the party intended to be bound by the terms thereof. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and there are no other agreements or commitments except as set forth herein.



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