Assumptions of Terms and Conditions
- This agreement applies to all present and future orders/rentals for equipment provided by Field Environmental Instruments (“Company”) and the purchaser (“Customer”) of equipment for rent or sale.
- Equipment acceptance by Customer, or by shipper or courier delivering to customer at its expense from Company or Manufacturer constitutes acceptance of these Terms and Conditions. Changes or exceptions to those rental terms and conditions can only be made in writing by an authorized FEI representative.
- These conditions, the rental/sales order and invoice constitute the entire agreement between the Company and Customer.
- If any of these terms and conditions are found to be invalid, it shall not affect the validity of any of the other terms and conditions of this agreement.
Orders can be placed 24-hours a day by telephone, fax or email to FEI offices and customer service representatives.
Price and Payment
- Rental and sale prices are valid for 30 days following the date of the quotation provided.
- Prices provided via the catalog and website are subject to change without notice.
- FEI will normally invoice Customer at the conclusion of the rental period. For equipment rental periods exceeding one month, FEI will invoice Customer at the end of each individual month of equipment rental. FEI will invoice for materials purchased upon material delivery.
- Invoices will be sent via email or postal mail per Customer’s preference.
- All invoices are marked NET DUE UPON RECEIPT. Any invoice not paid in full within 15 days from the invoice will be subject to a 1.5% per month late payment charge.
- Free local delivery of equipment and supplies is available to Customers within an FEI office metro area and is confirmed upon receipt of order. While the Company will do everything within reason to deliver equipment per the Customer’s request, there is no guarantee that it will be able to do so. Availability of service will be confirmed when the order is placed.
- Orders sent outside the free local delivery area are shipped via Federal Express standard overnight or UPS Next Day air service—unless otherwise specified.
RENTAL PERIOD: The standard equipment rental is based upon the minimum term. A rental period begins one day after Customers receive the equipment. If the items are shipped first overnight, priority overnight, UPS Next Day Air Early A.M. or delivered early morning for that day’s usage, then the rental period will begin the day of receipt.
CANCELLATION: A cancellation fee will be charged for any rental orders cancelled less than 24 hours prior to the scheduled shipping time at the standard rental rate.
RATES: A “Daily” rate is defined as the twenty-four (24) hour period initially following the receipt of the equipment. A “Weekly” rate is defined as a five (5) working days period beginning on the first day of the rental term. A “Monthly” rate is defined as a full calendar month.
PRORATED EQUIPMENT RENTAL RATES: FEI prorates the rental rates for both weekly and monthly rentals. After a one-week equipment rental, the days of a second week are invoiced at a prorated weekly rate. A second week’s daily rate is determined by the weekly rate divided by five. On a monthly rental, the days of a second month are invoiced at prorated monthly rate. A second month’s days are charged at the monthly rate divided by twenty. In addition, the weekly rate applies to all days in a multiple week rental, until a monthly rate becomes more cost effective.
FIXED FEE RENTAL RATES: FEI charges no additional fees for standard cleaning and recalibration of equipment upon return.
Equipment Condition Upon Delivery
- Rental equipment will, at the time of delivery to the Customer, meet manufacturer’s operating specifications. The Customer will have 24 hours after delivery of equipment to confirm the equipment is in proper working condition. If the equipment received is not in proper working condition FEI agrees to cover all shipping expenses.
- In the event that rental equipment requires repair, the Customer agrees to contact FEI immediately. The Customer will not allow or permit any person or entity other than FEI to perform repairs on rented equipment. Should equipment require re-calibration during the term of the rental the customer may return the equipment to FEI for re-calibration or the customer may perform its own calibration.
- The Company agrees to extend the rental period at the standard rental rate to include the period during which damaged equipment is either being replaced or repaired. The decision to repair or replace damaged rental equipment is made at the sole discretion of FEI. At any time during a rental period, FEI may, at its sole discretion, request the immediate return of any or all rental equipment from a customer. By doing so, FEI does not waive any of its rights, nor is the customer excused from any of its obligations, under these rental terms and conditions.
Equipment Lost, Stolen, Damaged During Rental Period
In the event that the rental equipment is lost, stolen, or damaged while in the care and custody of the Customer, the Customer agrees to pay to FEI the replacement cost of the lost, stolen or damaged equipment, including the rental rate due.
Instrumental Rental Warranty
FEI warrants that the rental equipment provided will, under normal use, meet the manufactures’ operating specifications. If at any time the customer determines the rental equipment requires repair or re-calibration, the customer shall notify FEI immediately (within 24 hours). The sole obligation of FEI under the forgoing warranty shall be to repair, recalibrate, or at its option, replace the equipment that shall fail to meet said warranty at its expense. In no event, under any circumstances or causes, will FEI be held responsible for any or all losses, including incidental or consequential losses resulting from rental equipment down time. It shall be concluded that the rental equipment has been delivered in good operational condition and repair to the customer unless the customer specifically notifies FEI of any defect within 24 hours of equipment receipt.
Limitation of Liability
In no event whatsoever, regardless of causes or circumstances, shall FEI be liable for any consequential, incidental, or exemplary damages, either real or alleged. Furthermore, in no event, regardless of circumstances, does FEI warrant the suitability of rental instruments or equipment for the customer’s application or shall FEI be liable for damages or consequences from such use.
During the entire rental period, the customer shall use the rental equipment in a careful and proper manner in compliance with, but not limited to, any and all governmental laws, requirements and safety certifications, and manufacturer’s instructions and specifications, including any required periodic verification of proper calibration. Customer shall identify and hold harmless FEI, and its officers and/or agents, from any and all claims, liabilities, losses, costs, expenses, including attorney fees and court costs, arising from the use, operation, possession and rental of the rental equipment from FEI.
Rental Equipment Terms
- The Company will pick up equipment within the local delivery area approximately one day after a rental’s completion. When possible, the Company will pick up equipment the same day as a project’s completion. The rental term will terminate upon Customer’s notification.
- Rental equipment returned from clients outside the delivery radius should ship items via next-day delivery. The rental term will end the day before FEI receives the equipment in good condition subject only to ordinary damages. Shipping charges for clients without a designated Federal Express, UPS or common carrier account number will be added to the final invoice. It is the Customer’s responsibility to pay delivery and return shipping charges unless otherwise specified.
- The Customer agrees to return the equipment to FEI in substantially the same condition as when first arrived, ordinary wear and tear excepted. It shall be the sole obligation of the Customer to pay FEI on demand for: i. The replacement cost (as new) of any lost or damaged rental equipment (including any manuals, cables, and/or accessories), or; ii. The cost to repair damages to rental equipment above normal wear and tear, including damages that may occur during return shipping.
The term of this agreement shall be governed by the laws of the State of Pennsylvania, with jurisdiction and venue for any litigation arising out of these rental terms and conditions solely in the courts of Allegheny County, Pennsylvania.
In the event that Customer purchases equipment through Company with the sole purpose of owning the equipment, Customer accepts the Manufacturer’s Terms and Conditions.