The following are general Terms and Conditions applicable to the rental or sale of Equipment by McGrath-RenTelco. Acceptance of delivery of the Equipment by Customer constitutes an agreement by Customer to be bound by these Terms and Conditions. The rights and obligations of McGrath-RenTelco and Customer shall be governed by the laws of the State of California without regard to conflict of law issues.
Payment terms are NET upon receipt of invoice.
Defects or discrepancies in or like objections to Equipment must be reported to McGrath-RenTelco in writing within 72 hours after Customer receives the Equipment or it will be conclusively presumed that the Equipment was as ordered, was received in good condition, complete with accessories, and is accepted. Customer shall pay delivery and handling charges and all taxes and governmental charges in connection with the rental, purchase, possession or use of the Equipment including, without limitation, sales, use, franchise and excise taxes. The sole obligation of McGrath-RenTelco shall be to repair, calibrate or at its option, replace any such Equipment, and such obligations shall constitute the sole and exclusive remedy of Customer. In no event, shall McGrath-RenTelco be liable to Customer for any consequential, incidental or exemplary damages including but not limited to any loss of profit or revenues, cost of products or any associated equipment, services, or replacement power, damage to other equipment, cost of substitute equipment, downtime costs of any sort, or claims of the Customer's customer for such damages. McGrath-RenTelco shall not be responsible for any delays or failures in making repairs, calibrations or replacements due to unavailability of parts or labor, strikes, delays in transportation or other causes beyond its reasonable control.