Insurance Req  download

MARTINI LIGHTING LLC

requires that renters supply a Certificate of Insurance showing Property Damage/

Loss Insurance and Liability Insurance prior to taking possession of the equipment. YOU MUST INSURE

ALL THE EQUIPMENT. You shall, at your expense, and at all times during the rental, maintain in full force

and effect insurance covering all equipment rented, from all sources, for full replacement cost, except vehicles

which are at actual cash value, and for loss of use (rents) of the equipment. Coverage must begin from the time you or

your agents accept delivery of the equipment and continue until the time the equipment is returned. Such insurance shall be

written by reputable insurers acceptable to the Rental Company; your insurers shall agree to be the primary insurers of such

Equipment during the rental period. Notwithstanding this paragraph, you shall remain primarily liable to the Rental Company

for full performance under the terms and conditions of the Rental Contract. The Rental Company may enforce may

enforce its remedies directly against you without resort to your insurance.

The certificate Holder should be written as follows:

Martini Lighting LLC

P.O. Box 2086

Missouri City, Texas 77459-2086

 

Property Damage/Loss Insurance

1. Martini Lighting LLC shall be named as LOSS PAYEE for loss or damage to the property rented.
2. Coverage shall include ALL RISKS of loss or damage for equipment; vehicles physical damage coverage shall

include the perils of COMPREHENSIVE and COLLISION.

3. Coverage must be for FULL REPLACEMENT COST OF RENTED MISCELLANEOUS EQUIPMENT. Limits

shall be sufficient to encompass all property at risk, regardless of source, but in no event less than $1,000,000.

Any single-item or loss limit must be sufficient to cover the largest, single-item replacement value.

4. Policies shall provide for 10 days written notice to the rental company before any policy shall be modified or

canceled.

5. Deductible may not exceed $2,500.

General Liability Insurance

1. Martini Lighting LLC shall be named as ADDITIONALLY INSURED.
2. Your liability insurance shall be deemed primary and non-contributory insurance in the event of any claim or suit.

Liability insurance shall meet the following minimums:

Commercial General Liability: $1,000,000 per occurrence & annual aggregate

Automobile Liability: $1,000,000 combined single limit

Foreign Liability: If filming outside the U.S.A. or Canada: $1,000,000 per occurrence limit

Aircraft Liability: If filming from aircraft: $5,000,000

Commercial Auto Liability Insurance

1. Martini Lighting LLC shall be named as ADDITIONALLY INSURED. Coverage must include HIRED AND

NON-OWNED AUTO LIABLITY and HIRED CAR PHYSICAL DAMAGE ON A DIRECT PRIMARY BASIS.

Your insurance should be on a WORLDWIDE BASIS. If you are planning to travel out of the United States with the equipment

rented, you must notify the Rental Company well in advance so that we can help you in preparing the proper documentation

for travel abroad.

Insurance is not assignable or transferable. If a company is providing coverage for an affiliate company, please have your

agent include on the insurance certificate the name of the company that is arranging the rental.

THE RIGHTS OF THE RENTAL COMPANY ARE NOT AFFECTED BY YOUR NON-PERFORMANCE. Your investors shall agree

that the rights of the Rental Company under the insurance coverage as described above shall not be affected by any act or neglect or breach

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of condition by you, other than non-payments of the insurance premiums. Lapse or cancellation of the required insurance shall be an immediate

and automatic default of the Rental Contract. Should you fail to procure or pay the cost of maintaining in force the insurance specified in this

Rental Contract or to provide the Rental Company upon request with satisfactory evidence of the insurance, the Rental Company may, but shall

not be obliged to, procure the insurance for you at an additional cost of 10% foe domestic rentals. This is not to be construed as the sale of

insurance and is designed to protect only our interests; coverage is not provided for equipment not rented from Martini Lighting LLC.

CREDIT APPLICATION

The following individual or company hereby applies for credit in accordance with the terms and conditions of:

Martini Lighting LLC

6718 Wildacre Dr.

Sugar Land, Texas 77479

• Normal Credit Terms: Net 10 days
• Interest will be charged at the rate of 10 percent per month on the unpaid balance after 30 days from invoice

date.

Name: __________________________________

Company: __________________________________

Address: __________________________________

__________________________________

Years at address: __________________________________

Phone: __________________________________

FAX: __________________________________

Corporation _____ Partnership ____ Individual _____ Other _____ Years in Business ______

1. ______________________________________________________________________________________

Name of Principal address phone ss#

2. ______________________________________________________________________________________

name of Principal address phone ss#

3. ______________________________________________________________________________________

name of Principal address phone ss#

BANK INFORMATION:

_______________________________________________________________________________________

bank address

_______________________________________________________________________________________

bank officer or department phone

REFERENCES:

________________________________________________________________________________________

Business name address phone fax

________________________________________________________________________________________

Business name address phone fax

________________________________________________________________________________________

Business name address phone fax

________________________________________________________________________________________

Business name address phone fax

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ACCEPTANCE OF TERMS: We agree to abide by the terms and conditions contained on the reverse side of this application, as well

as the Rental Contract. All invoices on account must be paid within the assigned terms to receive any discount or package price, unless

revised terms are granted in writing. The undersigned agrees to personally guarantee payment of all charges made under this agreement,

plus attorney fees, court costs, collection costs, and/or collection company fees and/or discounts.

________________________________________________________________________________________

Name (signed) Title Date

TERMS & CONDITIONS

These terms and conditions form the rental contract (the “Rental Contract”) between you and Martini Lighting LLC (the

“Rental Company”), and apply to all the equipment and/or vehicles (the “Equipment”) rented by you. These terms and conditions

constitute the provisions of the Rental Contract.

• TESTING THE EQUIPMENT: You will always have an opportunity to test and examine the Equipment to

determine that the equipment is in good working order. You may test the equipment at the rental facility, or

on location, or at another place in the presence of a qualified representative of the Rental Company. You are

considered to have taken delivery of the equipment and therefore assume all risk of loss from the time that

the Equipment is set aside from the Rental Company’s general rental inventory for your use. You are responsible

for any damage you cause to the equipment, property or person(s), during testing. After completing

your tests you must notify the Rental Company of any defective or inoperative equipment immediately

upon discovering the defect. Unless you notify the Rental Company of a defect or problem with the equipment

supplied, you agree that the Equipment is in good working order and that the Equipment is acceptable

to you.

• TRANSPORTING EQUIPMENT-PICK UP & DELIVERY: You must pick up and return Equipment at the

rental facility, during business hours, unless otherwise specified by a qualified representative of the Rental

Company. IF YOU DO NOT PICKUP AND /OR RETURN THE EQUIPMENT AT THE RENTAL FACILITY

YOU ARE RESPONSIBLE FOR TRANSPORTATION TO AND/OR FROM ANY LOCATION.

At your request and expense, the Rental Company may arrange shipment of the equipment to your designated

location. You are responsible for all costs (transportation charges, taxes, duties, brokers fees, bonds,

insurance and any other costs) incurred during transit. The Rental Company is not responsible for any shipping

delays once the equipment is delivered to your carrier. The Rental Company will not accept collect

shipments from you.

• YOUR RESPONSIBILITIES WITH REGARD TO THE EQUIPMENT: YOU ASSUME THE RISK OF

ALL LOSS. Once you have taken delivery of the Equipment, your responsibility includes, but is not limited

to, risks while in transit, at all locations named and unnamed, at all studios, while on your premises and

while in use, or storage on the rental facility’s premises. Your responsibility ends when the equipment is

returned and the rental term has expired. Equipment will not be deemed to have been returned until all of

the following conditions have been met: 1) property has been brought back to the premises during normal

business hours; 2) an inventory has been completed and a missing and damaged list has been compiled, if

needed; and 3) the term of the Rental Contract has expired. You are responsible for all equipment being

stored for you by the Rental House. You are responsible for all equipment (including but not limited to

camera(s), props, sets & wardrobe) which is picked up or stored by the Rental Company for your ultimate

use. The Rental Company shall be acting as your agent in storing any such property which belongs to third

parties. All risks of physical loss to property which is transported or stored by the Rental Company for your

benefit shall remain your responsibility.

• RESTRICTIONS UPON THE USE OF THE EQUIPMENT:

1) LOCAL USE ONLY, UNLESS OTHERWISE AGREED. The equipment shall not be removed

from the location/s shown on the reverse side of this contract and shall not be removed from

these location without the consent of the Rental Company. You shall not remove the equipment

from the United States to any foreign country with out first having notified the Rental Company

and obtaining consent of the Rental Company in writing.

2) USE BY QUALIFIED TECHNICIANS ONLY. The Equipment may be used only by your

duly qualified employees and/or agents and in strict accordance with the use contemplated in

this Rental Contract. You shall keep the equipment in your sole custody and shall not permit

the Equipment to be used in violation of any laws.

3) NO SUBLEASE BY YOU IS PERMITTED. You may not sublease all or any part of the

Equipment without written notice form the Rental Company.

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4) DO NOT REMOVE SERIAL NUMBERS OR COVER COMPANY LOGO’S. You may not

remove or cover over any serial numbers, tags, nameplates, or identifying logos on the Equipment

showing ownership by the Rental Company.

• NO WARRANTY OR GUARANTY: except as provided by the law, Equipment is rented to you without

warranty or guaranty of any kind, expressed or implied, and the Rental Company assume no responsibility

unless agreed to in writing.

• EQUIPMENT DAMAGED OR DESTROYED WHILE IN THE FIELD:

1) AS SOON AS YOU DISCOVER THAT EQUIPMENT IN THE FIELD IS DEFECTIVE, you

should notify the Rental Company of the problem and if necessary return the Equipment to the

Rental Company, freight pre-paid, for evaluation. The Rental Company will make a reasonable

effort to repair or replace the Equipment in the shortest amount of time.

2) LOSS AND DAMAGES. Upon return of damaged equipment, the Rental Company will make

a determination of the extent of the damage and the required repairs. You and/or your representative

(s) will have a reasonable amount of time to inspect the damage. In determining whether

the equipment shall be replaced or repaired, the Rental Company’s judgment shall be conclusive

upon you. Should the Rental Company determine that the equipment must be replaced,

you will be responsible for the cost to replace the same item or the closest comparably

equipped model, at current retail prices less any discounts available, without deduction for

depreciation.

• LOST, STOLEN OR DESTROYED EQUIPMENT: In the event that after delivery to you, any of the

equipment is lost or stolen, damaged beyond repair, destroyed or otherwise disappears or is not returned for

any reason, you will be responsible for the cost to replace the same item or the closest comparably equipped

model, at current retail prices less any discounts available, without deduction for depreciation. AS SOON

AS YOU REALIZE THAT EQUIPMENT IS MISSING, NOTIFY THE RENTAL COMPANY, AND

FILE A POLICE REPORT. In all instances immediate report any missing, lost, or stolen equipment to the

Rental Company and file a report with the local authorities.

• RENTAL CHARGES AND LATE CHARGES:

1) YOU MUST RETURN THE EQUIPMENT ON THE DATE SPECIFIED in the Rental Contract

or be subject to additional charges. The last rental day shall be the day specified in the

Rental Contract or up until 10:00 AM of the next business day. A full additional day’s rental

will be charged for any Equipment not returned by 10:00AM. Full daily rates shall be charged

for each day Equipment is not returned after the date specified for the return of the Equipment.

2) IF YOU RETURN THE EQUIPMENT IN DAMAGED OR NON WORKING CONDITION,

the lease period will be extended by the shortest reasonable time necessary to repair such damage

or replace non-repairable equipment and return the item(s), to the Rental Company’s general

inventory. The extended rental period shall apply only to the damaged or non-working item

(s), unless the item(s) forms a part of other equipment. The may be delays in repair or replacement

attributable to causes beyond the Rental Company’s control. The acceptance of the return

of the Equipment by the Rental Company is not a waiver by the Rental or any claims that it

may have against you.

3) RENTAL CHARGES FOR THE DAMAGED OR NON-WORKING ITEM(S) shall accrue at

full rental rate for the item(s) irrespective of any package discounts or other discounts agreed to

at the inception of the Rental Contract, until the item(s) is repaired and/or replaced and the

invoice for damages has been paid in full to the Rental Company to repair or replace the equipment.

4) WEEKENDS AND HOLIDAYS. When on a daily schedule, you will be charged the daily

rental rate for the weekend days and holidays if the equipment is used.

5) MINIMUM CHARGES: The minimum rental period for equipment to be used other than locally

is two days, unless otherwise authorized by a qualified representative of the Rental Company.

• CREDIT INFORMATION AND CREDIT TERMS:

1) The terms of the payment are based upon credit information you supply at the time of the

rental. Should there be any change in such information, you agree that the Rental Company

may demand immediate payment without prior notice.

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2) PAYMENT TERMS: Rental invoices and loss and damage invoices are payable upon receipt

of invoice and not later than 10 days. Payments due for 30 days or more shall be considered

past due. For each month or part of a month thereafter, a past due or late charge may be assessed,

which you are expected to pay. If the company places the account in the hands of an

attorney or other agency for collection, you agree to pay reasonable collection costs, attorney

fees and court costs. You agree to pay and shall remain primarily liable to the Rental Company

for full performance under the terms and conditions of the Rental Contract. The Rental Company

may enforce its remedies directly against you without resort to your insurance.

• PROPERTY INSURANCE:

1) Martini Lighting LLC shall be named as LOSS PAYEE for loss or damage to the property

rented.

2) Coverage shall include ALL RISKS of loss and damage for equipment; vehicles physical damage

coverage shall include the perils of COMPREHENSIVE and COLLISION.

3) Coverage must be for FULL REPLACEMENT COST OF RENTED MISCELLANEOUS

EQUIPMENT. Limits shall be sufficient to encompass all property at risk, regardless of source

but in no event less than $1,000,000. Any single-item or loss limit must be sufficient to cover

the largest single item replacement value.

4) Policies shall provide for 10 days written notice to the Rental Company before any policy shall

be modified or cancelled.

5) Deductible may not exceed $2500.

• GENERAL LIABILITY INSURANCE:

1) Martini Lighting LLC shall be named as ADDITIONALLY INSURED.

2) Your liability insurance shall be deemed primary and non-contributory insurance in the event

of any claim or suit. Liability insurance shall meet the following minimums:

Commercial General Liability: $1,000,000 per occurrence & Annual Aggregate

Automobile Liability: $1,000,000 combined single limit

Foreign Liability: IIIF filming outside the USA and CANADA: $1,000,000 per occurrence

limit.

Aircraft Liability: If filing from an aircraft: $5,000,000

• COMMERCIAL AUTO LIABILITY INSURANCE:

1) Martini Lighting LLC shall be named as ADDITIONALLY INSURED. Coverage must include

HIRED AND NON-OWNED AUTO LIABILITY and HIRED CAR PHYSICAL DAMAGE

ON DIRECT PRIMARY BASIS.

Your insurance should be on a WORLDWIDE BASIS. If you are planning to travel out of the

United States with the equipment rented, you must notify the Rental Company well in advance

so that we can help you in preparing the proper documentation for travel abroad.

• THE RIGHTS OF THE RENTAL COMPANY ARE NOT AFFECTED BY YOUR NONPERFORMANCE.

Your insurers shall agree that the rights of the Rental Company under the insurance

coverage as described above shall not be affected by any act or neglect or breach of condition by you, other

than non-payments of insurance premiums. Lapse or cancellation of the required insurance shall be an immediate

and automatic default of the Rental Contract. Should you fail to procure or pay the cost of maintaining

in force the insurance specified in this Rental Contract or to provide the Rental Company upon request

with satisfactory evidence of the insurance, the Rental Company may, but shall not be obliged to,

procure the insurance for you at an additional cost of 10% for domestic rentals. This is not to be construed

as the sale of insurance and is designed to protect only our interests; coverage is not provided for equipment

not rented from the Rental Company.

• TITLE AND OWNERSHIP: You specifically acknowledge the Rental Company’s superior title and ownership

of the Equipment and must keep the Equipment free from all liens, levies and encumbrances. You may

not assign or pledge the equipment.

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• RIGHT OF ENTRY AND INSPECTION: The Rental Company will have the right to inspect the Equipment

at any during the rental term. You shall make any and all arrangements necessary to permit a qualified

employee of the Rental Company access to the location of the equipment. If a breach of any of the provisions

of this rental contract occurs, the Rental Company has the right to remove all of the equipment without

any liability to you, and without prejudice to the Rental Company’s right to receive rent due or accrued

to, including the date of removal of the Equipment.

• INDEMNIFYING THE RENTAL HOUSE: You agree to indemnify the Rental Company and hold the

Rental Company and its employees and agents harmless from and against any and all losses, damages,

claims, demand or liability of any kind or nature whatsoever, including legal expenses, arising from the use,

condition (including, without limitation, latent and other defects) or operation of the equipment, and by

whosoever used or operated during the rental term. This indemnification shall continue in full force and

effect during and after the term of the rental for causes arising during the term of the rental.

• THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. The Rental

Contract shall be deemed to have been made in Fort Bend County, and shall be interpreted and the rights

and liabilities of the parties determined, in accordance with the laws of the state of Texas.

• WHEN THE CUSTOMER IS A CORPORATION: The person executing the Rental Contract on behalf of

such corporation warrants that he/she has full authority of such corporation to sign the Rental Contract and

obligate the corporation.

• DEFAULT AND BREACH OF TERMS: In the event you shall fail to make any of the rental payments

when due or shall fail to perform any other covenant or condition hereof to be performed by you, the Rental

Company may, in additional to all other remedies provided by law, exercise any one or more of the following,

with or with out demand, notice or legal process:

1) Recover from you all that are due

2) Reposes the leased equipment (by entering on your premises, if necessary) without liability for

trespass, or responsibility with respect to the leased equipment or to any article left in or attached

to same, and recover from you all damages sustained by the Rental Company as a result;

3) Recover from you any and all damages which the Rental Company shall have sustained by

reason of non-performance by you of the terms and conditions of this lease;

4) Retain, free from any claim by you, all payments or other property theretofore received under

this lease.

5) Recover from you all expenses incurred by the Rental Company’s protection of its rights under

this agreement, including, without limitation, attorney’s fees, court costs and cost of location,

repossessing, repairing, reconditioning and storing the leased equipment.

• ENTIRE AGREEMENT: The signed Rental Contract and these terms and conditions constitute the entire

agreement between you and the Rental Company. Any changes must be made in writing and agreed to by

both parties.

• FOREIGN USE (OUTSIDE THE US):

1) You must notify the Rental Company of your intention to use the Equipment outside the U.S.A. and gain their permission

to do so.

2) TERMS AND CONDITIONS APPLY: All the preceding terms and conditions apply to the Equipment which is rented

from a U.S.A. based Rental Company and is transported to a location outside the U.S.A.

3) SHIPMENT OUTSIDE THE U.S.A. The Rental Company will only allow shipment through an established customs

broker, contracted by you. Said U.S. Customs broker is to register the equipment with the United States Customs, using a

United States Customs form 4455, prior to the equipment leaving the USA.A certified copy of the registration form must

be returned to the rental house OR said Customs Broker will arrange a Carnet through the United States Council of the

International Chamber of Commerce, stipulating that you: ”shall (1) return the said products described in the Carnet to the

USA, or (2) pay such customs duties, excise taxes, and/or charges which may be imposed by any country for it’s failure to

return said products “. A certified copy of the Carnet must be returned to the renter.

4) RENTAL HOUSE WILL PROVIDE AN ITEMIZATION OF ALL EQUIPMENT, listing : brand name; country of origin/

manufacture; item serial numbers; and replacement value.

5) ALL BROKERAGE CHARGES AND SHIPPING CHARGES, fees and taxes are to be borne by you and prepaid prior to

shipment.

6) RETURNING SHIPMENTS NEED TO BE CONSIGNED TO THE ORIGINATING CUSTOMS BROKER for clearance

and re-entry into the US In no cases is the equipment to be shipped directly back to the Rental Company. Returning shipments

should contain instructions to the customs broker regarding the disposition of the equipment after clearing the US

Customs (i.e. deliver equipment to the Rental Facility, or to your USA Address).

7) YOU ACKNOWLEDGE THAT RENTAL CHARGES ACCRUE for in time transit, including the time the Equipment

may in the hands of the designated customs broker, or US Customs service. You acknowledge and agree that the payment

of US import duty taxes which may be levied for foreign made goods, is your responsibility, even though you followed the

above procedures.

• CANCELLATION POLICY: In the event of cancellation when on a daily or weekly schedule, cancellation

charges may apply in consideration of the Rental Company’s preparing, holding in reserve, or sub-renting

equipment, facilities or vehicles on your behalf. By keeping the rental company informed of your shooting

schedule you can either minimize or avoid cancellation fees.