Two-Way Radio Policies - Orange County, CA
By Signing the Rental Agreement, you agree to the following Terms & Conditions:

a) Definitions: All references to “Company” in this agreement shall mean or apply to RADIO NETWORK, INC DBA: Eagle Communications. All references to “Customer” shall mean or apply to the person or entity specifically listed as “responsible party” within this rental agreement.

b) Terms & Conditions: Company agrees to provide and customer agrees to rent equipment listed. Payments for rental charges are due in advance of customer’s acquisition of equipment. Customer acknowledges receipt of equipment listed herein and that equipment has been examined & tested by customer to be in good working condition and accepts equipment as is, and that equipment is rented without warranty or guarantee of any kind, expressed or implied.

c) Delivery: Company shall not be liable for delay in delivery 1) due to causes beyond it’s reasonable control or, 2) acts of god, Customer, civil or military authority, priorities, fires, strikes, floods, epidemics, riot or war.

d) Failures & Maintenance: Customer is hereby notified and understands that equipment rented will not be operational 100 percent of the time, and will, by it’s very nature, fail and require maintenance from time to time, without notice. Customer, prior to execution of this agreement, has taken such facts into consideration and such failures shall not constitute non-performance or negligence on the part of Company. Should such failure occur, Company will exchange failed unit for another similar unit, which Customer agrees to be liable for in lieu of failed unit.

e) Permits, Licenses & Regulations: Customer understands and agrees that it is Customer’s responsibility to abide by all federal, state & local regulations pertaining to the installation and operation of rented equipment. Customer agrees to secure, at it’s own expense, all licenses & permits required by law or ordinance. Customer understands and agrees that changes in rules or policies by agencies or persons other than company that effect use or operation of rented equipment are not Company’s responsibility. Customer hereby represents that it has obtained or will obtain the necessary licenses & permits required prior to any such use.

f) Liability: Customer agrees and warrants that it will defend, indemnify and hold harmless Company from any liability arising from or in connection with Customer’s use of equipment. Customer will, upon notice, appear and defend any action brought against Company by any party arising from or in connection with Customer’s use of equipment and Customer will pay Company’s costs and legal fees in connection therewith. Company shall have no liability to Customer or other parties for failure of equipment to operate. Customer’s obligation under this paragraph shall continue notwithstanding completion of other obligations contained in this contract.

g) Packaging: Customer acknowledges equipment has been presented to Customer for rental packaged in a professional manner. All equipment is individually separated and banded/bagged with care for ease of inventory and deployment. Customer must return all equipment in an individually separated and banded/bagged manner. Equipment returned by Customer in any manner dissimilar than packaged will incur a minimum labor charge of one (1) hour of shop labor at the current shop labor rate.

h) Labeling & Stickers: Equipment rented may be labeled by the manufacturer with trade name, model number & serial number information, as well as Company advertising and contact information labeling and inventory control numbering. Any manufacturers or Companies labeling may not be covered, altered, peeled or removed, other than normal wear & tear. Customer may not place or adhere any other types of labeling, stickers or markings on rented equipment. Equipment returned by Customer which has had any labeling removed shall be charged a minimum of one (1) hour shop labor at the current shop labor rate plus the suggested list price for replacement of any manufacturers labeling and $0.50 per Company labeling which is replaced. Customer shall be charged a minimum of one (1) hour shop labor at the current shop labor rate for removal of any other labels, stickers, or markings on rented equipment while in Customer’s care.

i) Damage, Destruction, Theft or Loss: Customer agrees to bear all risk of damage, destruction, theft or loss, partial or complete, from whatsoever cause and further agrees that all replacements, repair or substitution of parts or equipment shall be at Customer’s expense, except normal wear and tear, as determined by Company. Customer further agrees and understands that damage, destruction, theft or loss does not relieve Customer of other obligations herein including, but not limited to, payment of rental charges. Payments to fulfill Customer’s obligation to secure listed value and promptly return all equipment must be received by Company, regardless of source (purchase order, Customer provided insurance, deposit or credit card), within five (5) days, or Customer agrees to pay Company’s regular daily rental rates for each day thereafter any debt remains outstanding, and until debt is paid in full.

j) Liability Damage Waiver: Customer may elect to purchase a Liability Damage Waiver. This option is available only prior to rental acquisition and must only be purchased for each item rented and cannot be for a portion of equipment rented. This option is not included in the item rental price and is only considered purchased when specifically stated as a separate charge on the front of the rental agreement. When this option is purchased, Customer’s liability for equipment failure, internal repair or need of repair due to normal wear and tear, minor damage and abrasions, missing knobs or buttons, etc. will be waived by the provider of the Liability Damage Waiver. All loss, Destruction, water or liquid damage or intrusion, damage due to neglect, negligence or abuse, or damage due to use of equipment in a manner other than for which was intended by the manufacturer, shall be the sole liability of the Customer and are not covered under the liability damage waiver.

k) Authority to Sign; Joint and Several Liability: If Customer is a corporation, business or government entity, the person signing this agreement on behalf of such corporation, business or government entity hereby warrants that he/she has full authority of such corporation, business or government entity to enter into this agreement and obligate such corporation, business or government entity. The person signing and the corporation, business or government entity shall be jointly and severally liable for all payments and other obligations imposed on Customer under the terms of this agreement.

l) Security and Title: Customer bears sole responsibility for security of equipment received. Company shall at all times retain title to and ownership of equipment provided by Company.

m) Default: The Company’s obligations under this agreement shall immediately terminate for non-payment of charges, or upon the insolvency or bankruptcy of Customer, or any other breach of this agreement. Upon termination of this agreement, Company has the right to immediate possession of all equipment provided to Customer and Company shall have the right to enter Customer’s premises to remove all such equipment without liability for damage caused by entry for such purpose and/or such removal and without prejudice to Company’s right to receive rent due.

n) Return: The acceptance of equipment listed herein by Company is not a waiver of any claims that Company may have against Customer, nor a waiver of claims for latent or patent damage to such equipment. All equipment received by Customer is to be returned to Company’s office, or available for pick-up as previously stated herein, before 12:pm (noon) PST on the day stated as return date. Whereas the return date is typically not charged as a rental day, any equipment not returned, or not made available for pick-up, by 12:pm (noon) on the scheduled return date, Customer will, at the Company’s option, be charged regular daily rental rates until all equipment is returned or be deemed lost or stolen and charge any outstanding amount to Customer’s equipment security option. Payments to fulfill Customer’s obligation to secure listed value and promptly return all equipment must be received by Company, regardless of source (purchase order, customer provided insurance, deposit or credit card), within five (5) days, or Customer agrees to pay Company’s regular daily rental rates for each day thereafter any debt remains outstanding, and until debt is paid in full.

o) Cancellation: Customer understands and acknowledges that Company is required to make certain adjustments to its inventory in order to have such inventory available for rent by Customer. Upon execution of this contract by Customer signature, Customer agrees to rent such equipment and services. If Customer cancels the contract after execution more than ten (10) days prior to the scheduled acquisition date, Customer agrees to pay a cancellation fee of twenty percent (20%) of the total contract amount. If Customer cancels the contract after execution less than ten (10) days prior to acquisition date, Customer agrees to pay a cancellation fee of fifty percent (50%) of the total contract amount. Rental contract cannot be cancelled beyond 4 days prior to scheduled equipment acquisition or shipment date. Customer agrees to pay the full contract price for equipment not picked-up on scheduled acquisition date.

p) Payment terms: Upon execution of this contract, Company may issue an invoice for the total amount of the rental on the acquisition date of the equipment and Customer shall pay the invoice within the stated payment terms. Should any payment not made by Customer when due hereunder, Customer agrees to pay Company, no later than ten (10) days thereafter, a finance charge of an amount calculated at the rate of one and one-half percent (1.5%) per month for each delayed payment, or the maximum amount permitted by law. Such amount shall be in addition to any of the remedies available to Company under this contract.

q) Misc. Provisions: Time is of the essence in this agreement. The waiver of any term provision or default shall not constitute waiver of any other term provision or default. This contract is made, and is deemed to be performed at the offices of Company in Irvine, California. The laws of the state of California shall govern this agreement. If any part of this agreement shall be adjudged contrary to law, the remaining terms, provisions and defaults shall remain in full force and effect. The masculine gender as used herein shall include feminine and neuter. This agreement supercedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof and contains all covenants and agreements between parties of said matter and each party acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, which are not embodied herein and that no other statement agreement or promise not contained in this agreement be valid or binding. Any disputes arising under this agreement shall be heard in a court of competent jurisdiction in the County of Orange, State of California. If any customer operates outside of the state of California, or if Company is unable to locate Customer within the state of California, Customer hereby agrees and consents that Company may serve the Secretary of State of the state of California as a duly authorized agent of Customer to accept such process. Customer hereby specifically appoints the Secretary of State of the state of California it’s duly authorized agent to accept service of process in any action arising out of this agreement.

r) Customer Agreement: Customer certifies that they have read, understand and agree to be bound by all the terms & conditions on the front and back sides/page 2 of this agreement, and each party acknowledges receipt of a true copy hereof at the time of execution. Customer further understands that this agreement is a legal contract and terms and obligations herein may be enforced in a court of law. All of the terms and conditions on the front and back sides/page 2 hereof are part of this agreement and there are no other expressed or implied warranties, modifications or performance guarantees other than those expressly stated herein. In no event shall any additional, supplemental or alternative terms and conditions found on any of the Customer’s orders, acknowledgements or other forms be considered an amendment or modification of this agreement. The parties hereto agree that no subsequent amendment, modification, warranty or waiver shall become valid until and unless it is reduced to writing and signed by both parties hereto.

s) Electronic document delivery: Should this agreement be sent or received by means of fax, email or other form of electronic delivery, Customer is responsible to inform Company if received in an incomplete manner or if such electronic delivery is unacceptable. Should Customer fail to inform Company of such, an executed agreement shall be binding. Font size regulations shall not be binding on agreements delivered by electronic means.

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EAGLE COMMUNICATIONS

  • 34 Waterworks Way
    Irvine, CA 92618
     
  • Toll Free 1 (800) 600-EAGLE
  • Local (949) 837-8788 (Orange County)
  • Fax (949) 837-2511  

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