Rental Terms and Conditions
ESR rental terms and conditions policy is related to the services offered on the ESR webshop site https://www.esr-shop.com/.
In case you need assistance during the process of booking, we kindly ask you to contact us via email firstname.lastname@example.org.
In the event of renting a simulator the customer acknowledges,agrees and accepts the Terms and Conditions of rental.
If the customer fails to find needed information, ESR can be contacted on email@example.com .
In these general terms and conditions, the following terms shall have the following meaning: “Agreement”: the Simulator/s Rental Agreement as represented by the confirmation of order, including the general terms and conditions and any attachments thereto; “Simulator(s)”: the Simulator(s) as set in the confirmation of order; “Documentation”: all written information, instructions and technical specifications related to (use of) the Simulator/s as provided by ESR to the Customer. “Property Rights”: any of design rights, or know-how and any other property right related to the Simulator; “Information”: all confidential technical, proprietary or other business information, know-how and all technical or other expertise disclosed by ESR to the customer. “Rental period”: period of hire set out in clause 3 in Agreement.
2. Usage Rights/ Obligations
2.1. ESR grants to the Customer non-exclusive temporary right of the Simulator(s), during the term of the Agreement, for rental usage agreed period.
2.2. The non-exclusive temporary right of the Simulator and Documentation extends only and is limited to premises listed in the Agreement.
2.3. The Customer shall be free to use the Simulator in connection for its event(s) activities. At the Customer prior written request, ESR may support the Customer when
assistance is needed to establish interaction between Simulator(s) and Customer experience, determined applicable fee rate. Applicable fee rate for ESR specialist on location event support cost 350 dkk per hour + VAT or 47 € + VAT per hour. Remote support is offered free of charge.
2.4. The Customer is not entitled to modify or damage the Simulator(s). Should any of the original parts of the simulator(s) become defective, or replaced, ESR reserves the right to charge a damage fee to the Customer of the original part price. ESR shall use its efforts to provide a new simulator(s) or replace the part(s) of the simulator(s), on condition that simulator(s) or the original part(s) has not become defective by reason of fault or gross negligence by the Customer.
2.5. The Customer is not entitled to modify or install any kind of Software(s) to the computer(s) without ESR permission. ESR reserves the right to charge a Software damage fee rate of 550 dkk + VAT or 74 € + VAT. ESR shall use its efforts to provide a new computer(s) or install the Software to the computer(s)
3. Rental period
3.1. The Rental period shall be set out in the Order, unless the Agreement is terminated earlier in accordance with these Conditions.
3.2. The Rental period may be extended by mutual written agreement of both ESR and the Customer and the daily rate set out in the ESR shall apply to any extended Rental period. 3.3. If the Rental period has not been extended in accordance with clause 3.2 and the
Simulator(s) is not returned to ESR on the returning date set out in the Order, the Customer will be charged at daily rate set out in the Order until the Simulator(s) has been returned to ESR.
4. Usage limitations
4.1. The Customer acquires only the right to use the Simulator(s) and Documentation as provided for in this Agreement and does not acquire any right of ownership, or any other implied rights whatsoever. All rights, title to and interest in the Simulator and Documentation, and all modifications, anchacemets and derivatives performed thereto by ESR shall all times remain the property of ESR.
4.2. The rights granted to the Customer are personal to the Customer and may not be assigned or transferred to a third party without prior written consent of ESR. The Customer in particular will not sell, lease, and (sub) license, rent or otherwise make available the Simulator(s) to any third party.
5. Delivery and installation
5.1. ESR will deliver the Simulator(s) at the premises of the Customer unless otherwise agreed by ESR and the Customer. The cost of transportation and installation shall be covered by the Customer.
5.2. The delivery of the Simulator(s) includes the necessary Documentation. The User is entitled to duplicate the documentation for internal use only.
5.3.ESR reserves the right to charge a fee of rent per day(s) if delay is caused by the Customer according to the number of delayed day(s).
5.4. The Customer will provide all necessary cooperation to ensure an efficient delivery and installation.
5.5. The Customer shall take all reasonable safety precautions with respect to the premises where the product is installed and shall administer the Simulator(s) with due care.
5.6. ESR shall provide Documentation that Simulator(s) has been installed, inspected and in good condition before renting period starts and provide dedicated Documentation to the Customer signed from both sides, providing a copy of Agreement to the Customer.
6.1. ESR or its licensor’s event support hold all Property rights in the Simulator(s), including the Documentation, made available to the Customer under present Agreement.
6.2. All Property Rights resulting from the execution of this Agreement and related to the Simulator/s shall be vested in ESR.
6.3. The Customer shall ensure that no Property Rights of the Simulator(s) and resulting from the execution of this Agreement shall become fully or partially vested in third parties.
6.4. The Customer shall not modify, copy, alter, merge, assemble the Simulator(s),
including the information relating to the Simulator(s), nor reverse assemble, reverse engineer, decompile or otherwise attempt to derive a source code from any software contained in the Simulator(s) or any such product or system or otherwise provided by ESR.
6.6. In the event(s) that the Customer or any employee or a third party violates the Property Rights with respect to the Simulator(s), or otherwise violates the rights granted under this Agreement, the Customer is obligated to use its best efforts to immediately end such violations and cooperate in the investigation of the violations. Especially, the Customer shall inform ESR of any violation without undue delay.
7. Term and termination
7.1. ESR may agree to extend the rental period agreed before upon the Customer request one (1) day prior to the expiration of the rental term.
8. Rights and obligations upon expiration or termination
8.1. Upon the expiration or early termination of this Agreement, all rights herein granted to the Customer shall immediately revert to ESR. ESR shall be entitled to retain all fees paid to ESR.
8.2. The Customer agrees that from and after the expiration or early termination of the rental period agreed in this Agreement the Customer shall return the Simulator(s) to ESR within an hour and day determined in the Agreement from expiration or early termination.
9. Payment terms
9.1. ESR shall invoice the Customer for the Rental Payment/s in accordance with the ESR.
9.2. The Customer shall make payment within seven (7) days of the date on the invoice received from ESR, unless credit terms are made available to the Customer by ESR.
9.3. The final invoice amount will be based on the actual return date of the Simulator(s). If the Simulator(s) is returned later than the return date period specified in the Order/ Agreement, the Customer will be charged at the daily rate set out in the Agreement until the Simulator/s has been returned to ESR.
9.5. For any Rental period exceeding three (3) days, ESR shall be entitled to invoice the Customer, at the end of rental period.
9.6. Upon return of the Simulator(s) the final invoice will be prepared and submitted and will represent the outstanding charges for the total Rental period, as well as any applicable charges.
9.7. All amounts due under the Agreement shall be paid in full without any set-off, counterclaim, dedication or withholding (other than any deduction or withholding of VAT as requested by law).
9.8. Dismantling, packaging, transportation and/or shipping charges must be borne by the Customer.
10.1. A waiver by the Customer at a time of one (1) week/ seven days before the rental period starts, ESR shall not charge the Customer fee.
10.2. A waiver by the Customer at time less than a one one (1) week/seven days before the rental period starts, ESR shall charge the Customer 30% of the price determined in the Agreement.
In order to book please send an email to firstname.lastname@example.org with following information and we will get back to you as soon as possible:
● First name.
● Last name.
● Email address.
● Phone number.
● Locations of renting.
● Preferred period of renting.
Change or review of the Rental terms and conditions policy
ESR reserves the right to modify this rental terms and conditions policy at any time, so please review it frequently. If ESR makes changes to this customer service policy, we will post the revised customer service policy here. If you want to be sure to remain updated with rental terms and conditions policy changes or review, please sign up to receive the newsletter and you will receive a message to notify that something in ESR rental terms and conditions policy has been changed.
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