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Terms and Conditions

Welcome to Hartford Technology Rental Company, LLC (HTR).  The following Terms and Conditions shall govern the use of those items of equipment and personal property (collectively, the “Equipment”) and the receiving of technology support or other services (collectively, “the Services”) as listed in the Job Quote (JQ) or statement of work (SOW).  Together these Terms and Conditions along with the JQ and or SOW form the Agreement between HTR and Customer.

RENTAL AGREEMENT NOTES:

Personal Accounts

If Lessee adds any personal account or password of any type to the Equipment, Lessee is required to remove the account or password prior to return. Failure to do so, will result in a charge of $300 per unit and rent will continue to accrue.

For Delivery, Setup, Pickup Service

If HTR is providing delivery, setup or pickup service, you agree to a Wait Fee which may be assessed if our technician has to wait more than 1 hour. Rate is M-F 8AM-6PM $50/hr and all other times will be billed at @ $80/hr.

Ordering Procedures

An order is considered to be confirmed only after Customer signs the Job Quote and HTR confirms order.

Return Procedures

If Equipment is delivered by HTR personnel, Customer will notify HTR when the Equipment is ready for return. If Equipment is delivered via common carrier, Customer is responsible for the return of Equipment until Equipment is received and inspected by HTR.

Service Procedures

If there is any issue with the delivery or condition of the Equipment, Customer should contact HTR within four (4) business hours to avoid any additional charges for loss or damage. If any of the Equipment fails during the rental period, Customer should contact our technical service team at (888) 520-5667 and a technician will return your call.

Extension / Holding Over

In accordance with Section 7 of this Agreement, in the event the Equipment is not returned by the Return Date, we will assume Customer wishes to extend this Agreement for a time period equal to the rental term shown on the JQ.

TERMS AND CONDITIONS OF AGREEMENT:

  1. RENTAL AGREEMENT CONTRACT: Hartford Technology Rental Company LLC (“Lessor”) hereby rents to Lessee and Lessee hereby hires from Lessor the items of personal property and accessories (“Equipment”) described in this Agreement. The initial term of this Agreement begins on the ‘Start Date’ and expires on the ‘End Date’ as set forth above. Unless properly terminated by Lessee, as provided herein under the section titled ‘TERMINATION AND RETURN OF EQUIPMENT,’ this Agreement will automatically be renewed after the initial term for successive periods equal to the Rental Term shown in the Rental Services Pricing Agreement.
  2. RENT: Lessee will pay rent to Lessor for the Equipment for the total amount due as set forth in this Agreement. Said rent shall be due on or prior to the ‘Arrival Date’ shown above and as indicated on the invoice provided by the Lessor to Lessee in connection with this Agreement for the term and any subsequent renewal
    terms. All payments shall be made at Lessor’s office as noted on this Agreement or as otherwise specified. If Lessee fails to make a payment on time, or within five (5) days thereafter, Lessor may (but is not obligated to) treat such failure as a default by Lessee and immediately retake possession of the Equipment without notice to Lessee. If Lessor fails to receive any payment within ten (10) days from the Arrival Date or subsequent due date, Lessee shall pay to Lessor a late payment charge equal to ten percent (10%) of the amount due. This sum will become immediately payable together with such delinquent rent payment plus interest on any unpaid amounts at the rate of eighteen percent (18%) per annum or the maximum rate permissible under applicable law, whichever is less. All payments due Lessor shall be payable in United States Dollars. If Lessee is using a post office box, then Lessor may require a credit application.
  3. CREDIT CARDS: In the event any amount that is due under this Agreement is being paid by Credit Card the following terms apply. Lessee has signed a Credit Card Authorization Form and such Credit Card Authorization Form is incorporated by reference herein. Lessee authorizes Lessor to immediately bill or charge my credit card to pay in full all amounts owing including without limitation, at Lessor’s option, amending, altering, completing and executing on behalf of Lessee, Lessee’s credit card authorization form in Lessee’s name for payment of all charges or resubmitting supplemental or new credit card authorization forms or vouchers to obtain full payment of amounts due under the Rental Services Agreement. If Lessee has directed the billing charges to another person or company and upon billing they fail to make payment, Lessee will, upon demand by Lessor, promptly pay the unpaid balance. Lessee authorizes Lessor to process all charges on a credit card voucher referencing this Agreement to their signature. A 3% surcharge will be added for credit card payments.
  4. LESSEE’S RESPONSIBILITIES: Lessee agrees to return said Equipment in good condition at the termination of this rental Agreement as provided herein under the section titled TERMINATION AND RETURN OF EQUIPMENT. Lessee agrees to pay for and be responsible for the damage to the Equipment and to pay the retail value of the Equipment in the event it is lost, damaged, or any other cause. If Lessee tampers with or removes property asset tags, affixes any other types of label or markings, Lessee will be charged $12 per occurrence. RENT WILL CONTINUE TO ACCRUE UNTIL ALL SUCH PAYMENTS ARE RECEIVED BY LESSOR. Reasonable wear and tear, if any, resulting from proper use of Equipment by Lessee is expected.
  5. PURCHASE: During the term of this Agreement, Lessor may but is under no obligation to provide to Lessee, in writing, the full retail value or other price (‘Contract Value’) granting Lessee an option to purchase the Equipment from Lessor. To consummate the purchase, Lessee must pay to Lessor the Contract Value and all other amounts due Lessor under this Agreement. RENT WILL CONTINUE TO ACCRUE UNTIL ALL SUCH PAYMENTS ARE RECEIVED IN FULL. All Equipment purchased will be purchased by Lessee, ‘AS IS, WHERE IS’ with no warranty expressed or implied, unless otherwise specifically agreed to in writing by Lessor.
  6. SERVICE: The Equipment will be maintained through service by Lessor including Equipment adjustments, parts, replacement and repair, while it is on rent hereunder and for damages incurred due to normal use of the Equipment. At its sole option, Lessor may choose to execute such repairs at its place of business or at the Equipment location. If Lessor chooses the latter, Lessor shall have full and free access to the Equipment during Lessee’s normal business hours.
    However, the Lessee does agree to pay for repairs required by Lessor due to Equipment misuse or neglect. The Lessee will be charged for parts, travel, and labor time in such event. Lessor shall not be responsible for failure to render maintenance service due to strikes, fire, flood and events or circumstances beyond its control.
  7. TERMINATION AND RETURN OF EQUIPMENT: Once Lessee takes possession of the Equipment, it is the sole responsibility of Lessee to properly terminate the Lease and ensure that Equipment is returned to Lessor. Lessee may terminate any rental after the initial term of the Agreement by giving Lessor two (2) days advance notice of such termination, by paying any amounts due to Lessor, and by returning Equipment to Lessor under the terms hereof. Lessee may return the Equipment to Lessor’s office per normal return shipping procedures, or Lessee may elect to have Lessor or its common carrier pick up the Equipment from Lessee’s premises, at any additional service charge.
  8. DEFAULT: If Lessee fails to pay any amount on or before the date it is due or within five (5) days thereafter, or if Lessee fails to perform any other obligation contained in this Agreement within the time it is to be performed, Lessor may, at its option, terminate this Agreement whereupon Lessor may immediately retake possession of the Equipment without notice. Lessor may also terminate this Agreement and retake possession of said Equipment if during the term of this Agreement bankruptcy or insolvency proceedings are commenced by or against Lessee, or if a receiver is appointed for the business of Lessee, or if Lessee discontinues business at its present office address. In addition to retaking possession of the equipment, Lessor may exercise any other right or remedy which may be available to it under applicable law or in equity. Upon any termination, Lessee will deliver the Equipment to Lessor or will make the Equipment available to Lessor and will permit Lessor to enter Lessee’s premises to take immediate possession of and remove the Equipment. For such purpose, Lessee hereby appoints the manager or owner of said premises, (if other than Lessee), as Lessee’s agent with full power and authority to permit Lessor to enter said premises (or other premises if Lessee has moved Equipment) and to take possession of the Equipment and remove the same from said premises, all without liability to Lessor or such manager or owner on account of such taking. In this regard, Lessee expressly releases any claim or right of action for trespass or damages caused by reason of such entry and removal. Notwithstanding termination of this Agreement, Lessee shall remain liable to Lessor for: a) All past due, current and future, if any, amounts owing Lessor; b) Payment of the full retail value for missing Equipment (including manuals and components) and for damaged Equipment; and c) All other applicable charges and penalties, including, without limitation, late payment charges, pickup charges and restoration cost, if any. In the event any item of equipment is lost, stolen or damaged, no such loss, theft or damage shall relieve lessee of Lessee’s payment obligations under this Agreement.
  9. NO WARRANTY: Lessee acknowledges and agrees that the Equipment has been selected by the Lessee and that the Lessor is not the manufacturer of the Equipment nor the agent of such manufacturer, and that LESSOR MAKES NO WARRANTY REGARDING THE EQUIPMENT, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL LESSOR BE LIABLE FOR ANY DAMAGES, INCLUDING LOST DATA, PROFITS, SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH EQUIPMENT (INCLUDING COMPUTER SOFTWARE IF ACQUIRED FROM LESSOR). Lessor’s obligations to Lessee are limited to: a) the delivery of Equipment which is selected by Lessee; and b) the repair or replacement of Equipment which is defective when delivered to Lessee or which becomes defective while subject to this Agreement, provided that any such defect is not caused by Lessee or by Lessee’s negligence. Notice of any defect must be given to Lessor within two (2) days of its discovery by Lessee.
  10. ASSIGNABILITY: This Agreement is assignable by Lessor without limitation but is not assignable by Lessee. None of the Equipment may be sublet, assigned or transferred by the Lessee without prior written consent of Lessor. Any attempt by the Lessee to sublet, assign or transfer any of the Lessor’s rights, duties, or obligations under this Agreement is prohibited.
  11. WAIVER AND INDEMNIFICATION: Lessee hereby waives and releases all claims against Lessor for damage to persons or property in any way relating to the Equipment or its use, and agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, cost or expenses resulting from the use of the Equipment or from any breakdown of Equipment or other failures. It is also understood that there shall be no abatement of rental during any period of breakdown or nonuse of the Equipment, unless Lessor is unable to repair or replace defective Equipment, as contemplated in Section 9 above, within three (3) days of receipt of notice of such defect from Lessee. If defective Equipment is repaired or replaced by Lessor, Lessee’s only recourse against Lessor is abatement of rental for the period after the notice of the defect is given to the Lessor for the Lessor’s inability or unwillingness to replace or repair defective Equipment.
  12. SECURITY DEPOSIT: As a condition precedent to Lessor entering into the Lease, and as security for the full performance by Lessee of its obligations hereunder, a security deposit in an amount determined by Lessor, shall be required and shall be delivered to Lessor by Lessee prior to Lessee taking possession of any Equipment. Such security deposit may be used to offset any amounts due and owing by Lessee to Lessor pursuant to the Lease. The security deposit, or any
    balance thereof, if any, shall be returned to Lessee after all of the Equipment leased hereunder has been returned to Lessor and after deduction of any amounts due and owing by Lessee to Lessor, including, without limitation, all unpaid Use Charges and any repair or replacement expenses.
  13. LIMITATION OF LIABILITY: Under no circumstances shall Lessor be liable for any incidental, indirect, special, consequential, exemplary or punitive damages of any kind arising from or in connection with the Lease, whether or not resulting from the negligence of Lessor, and including, without limitation, any lost profits, business failure or interruption damages, or any damages associated with lost or damaged cargo. In no event shall Lessor’s total liability to Lessee exceed the amount of rental charges paid by Lessee during the three (3) months preceding the event that gave rise to the claim or action.
  14. OWNERSHIP AND USE: We own the equipment and lessee has the right to use the equipment under the terms of this agreement. If this agreement is deemed to be a secured transaction, lessee grants us a first priority security interest in the equipment to secure all Lessee’s obligations under this agreement. Lessee must keep the equipment free of liens. Lessee agrees to keep the equipment in Lessee’s exclusive control and possession and use the equipment in conformity with all insurance requirements, manufacturer’s instructions and manuals. Lessee shall keep the Equipment free from any liens, including, without limitation,
    mechanics’ liens, storage, warehouse or other possessory liens, claims or encumbrances, attachments, rights of others and legal processes (“Liens”) of creditors of Lessee or any other persons. Lessee shall promptly notify Lessor upon receipt of notice of any such Liens affecting the Equipment and Lessee shall promptly defend at its own expense Lessor’s title to the Equipment from such Liens. Notwithstanding the parties’ intention and express agreement that the Lease constitutes a valid lease of the Equipment, and solely to protect the rights of Lessor in the Equipment in the event the Lease is determined by a court of competent jurisdiction to be a conditional sale of and/or financing arrangement as to the Equipment, Lessee hereby pledges, assigns and grants to Lessor a continuing first priority security interest in and lien upon the Equipment and all proceeds (including proceeds of all insurance policies), which interest and lien shall be cross-collateralized with each and every separate item of Equipment subject to the Lease and related schedules, in order to secure the prompt payment and performance, as and when due, of all of Lessee’s obligations, both now existing and hereinafter arising under this Lease. Lessee hereby agrees that Lessor shall have all rights and remedies of a “secured party” under the Uniform Commercial Code and authorizes Lessor to cause this Lease and/or any statements or other instruments in respect of this Lease showing the interest of Lessor in the Equipment (including certificates of title or Uniform Commercial Code financing statements) to be filed or recorded, and grants Lessor and its agents the right to execute Lessee’s name thereto. Lessee also agrees to execute or cause the execution of such additional documents and do such other acts and things, including execution of applications and certificates of title naming Lessor as a secured party and delivery of same to Lessor, as Lessor from time to time requests or deems necessary to establish and maintain a valid and perfected security interest in and lien upon the Equipment. To further secure payment to Lessor of the obligations owed by Lessee, Lessee agrees that the Equipment subject to the Lease shall be cross-collateralized with the Equipment subject to any other Lease in which Lessee is a lessee.
  15. INSURANCE: Lessee agrees, at Lessee’s cost, to (a) keep the equipment insured against all risks of physical loss or damage for its full replacement value, naming Lessor as loss payee; and (b) maintain public liability insurance covering personal injury and equipment damage for not less than $300,000.00 per occurrence, naming us as an additional insured. Lessee shall provide Lessor with certificate(s) of insurance evidencing the required coverages prior to delivery or acceptance of any Equipment and the policy must be issued by an insurance carrier acceptable to us, must provide us with less than seven (7) days’ prior notice of cancellation, non-renewal or amendment, and must provide deductible amounts acceptable to us.
  16. DATA SHARING: Lessor may also share order details including contact information provided by the Lessee with third parties such as equipment manufacturers and affiliates in order to administer rental services, improve customer experience or to assist with improving Lessor’s service offerings.

MISCELLANEOUS:

A) Notwithstanding any other language contained herein or therein, nothing in the Lease conveys any ownership rights to Lessee and all right, title and interest in and to the Equipment shall remain with Lessor.

B) Lessee’s payment obligations under this rental services agreement are absolute and unconditional and are not subject to cancellation, reduction or setoff for any reason whatsoever.

C) Lessee represents that Lessee has the authority to enter into this agreement and by doing so Lessee will not violate any law or agreement; and this agreement is signed by Lessee’s authorized officer or agent.

D) This lease may be executed in counterparts. The executed counterpart which has our original signature and/or is in our possession shall constitute chattel paper as that term is defined in the UCC and shall constitute the original agreement for all purposes, including without limitation: (i) any hearing, trial, or proceeding with respect to this agreement; and (ii) any determination as which version of this agreement constitutes the single trust original item of chattel paper under the UCC.

E) In the event that, during the term of this lease, Lessee shall file bankruptcy or insolvency proceedings are commenced by or against Lessee or if a receiver is appointed for the business of the Lessee or if Lessee discontinues business at the address where the Equipment is located, Lessor shall have the right to terminate this lease and take possession of the Equipment. Such termination shall not release Lessee from the payment of damages sustained by Lessor or from any of Lessee’s other obligations under this Agreement.

F) Lessor may assign this lease or title to Equipment or its right to monies due or to become due to any bank, financing institution or to a corporation or partnership that is a successor in interest to Lessor. The right to payments under this lease shall not be subject to any action, counterclaim, defense or setoff that Lessee may have against Lessor.

G) It is understood that Lessee is solely responsible for performing data backups. If recovery is needed, Lessee shall be responsible for any service charges or other costs incurred in providing such recovery.

H) Lessor may agree to install on the equipment certain software supplied by the Lessee. Lessee hereby warrants that all such software is either owned or properly licensed by Lessee. Furthermore, Lessee shall hold Lessor harmless from any and all damages that may arise from such software installation and Lessor shall bear no liability for the compatibility, suitability or operation of such software.

I) Lessee is responsible for any taxes or usage fees levied in connection with the use or lease of the Equipment. In the event such taxes are assessed against the Lessor, with the exception of taxes assessed against the profits of the Lessor, Lessor will bill Lessee for those taxes at the time of the Lease or subsequently, if appropriate.

J) This Agreement is the entire agreement between the Lessee and Lessor concerning the rental of the Equipment. Once signed, this agreement is noncancellable. No provision hereof may be waived or changed except by written instrument from Lessor. This Agreement will be binding upon and is for the parties hereto and their heirs, executors, administrators, legal representatives, successors, and assigns. Lessee hereby waives any and all existing and future setoffs and counterclaims against rental charges or payments due under this Agreement. Lessee shall be liable for all costs, charges and expenses, including legal fees, incurred by Lessor to enforce this Agreement.

K) If any term or provision hereof is declared to be illegal, invalid or unenforceable for any reason by a court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect the remaining terms and provisions hereof, which shall remain binding and enforceable.

L) LESSEE AND LESSOR EACH IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY CLAIM, DISPUTE OR CONTROVERSY THAT IN ANY WAY ARISES FROM OR RELATES TO THE LEASE AND IN WHICH LESSEE AND LESSOR ARE ADVERSE PARTIES.

M) Lessee consents to the jurisdiction and venue of the Federal and State Courts in Illinois. This Agreement shall be governed by the laws of the State of Illinois.