Found Your Sound will always work hard at providing excellent products and services. We will do our bit and maintain our products well and handle them with love and care..We will strive to give you the best customer service experience we can offer and help you find solutions in case any issues arise. Where possible and reasonable we will provide you with help on hand and backup equipment. Mutual respect is of great importance to us. We will treat you with respect and expect the same respect in return, for us and for our equipment. We have made a rental agreement/terms & conditions which you will need to adhere to if you want to use our equipment and we have written safety & care instructions (Found Your Sound’s do’s and don’ts) that you will need to read and follow. At the start of your agreement, you will need to identify yourself (By showing us a valid Passport, ID card or drivers license and providing us with your company ID number/ KVK nummer). We will take a note of the type of ID you used and register the document number. We will only use the ID & KVK details to confirm who has our property in their possession and not for any other purposes. A lot of our equipment is electrical equipment and can therefore potentially be hazardous if used incorrectly. For this reason we have included a limitation of liability in our terms & conditions. We cannot ensure the correct use of our equipment when not under our supervision, so we need you to make sure you follow the do’s and dont’s.
Lessor: Found Your Sound.
Lessee: The person or company who leases Lessor’s equipment or uses Lessor’s services.
Equipment: All items, devices, instruments, packaging materials, accessories and safety materials provided by Lessor.
Agreement: The negotiated arrangement between Lessor and Lessee
2. COMPANY DETAILS
Found Your Sound
Galjoen 03-25, 8243NB Lelystad, The Netherlands
tel: +31 6 43 12 71 74
KVK Lelystad 52145646
3. PAYMENT TERMS. The rental fee is based on the quote that Lessor has supplied the lessee with, plus any additional fees incurred. All quoted prices on websites and price lists exclude BTW (VAT) for which lessee is liable. Additional charges shall be added in the event the equipment is damaged, missing any parts, defective due to incorrect use, returned later than the agreed upon return date or not returned. All charges shall commence from the Effective Date of the Agreement reached between Lessor and Lessee. Lessee shall pay to the Lessor an additional service charge to the amount of the day rental rate of the equipment per day for each day the equipment has not been returned. Lessor shall invoice the client on the return date; all invoices are due within 2 weeks upon receipt. Except when equipment does not get returned within a period of 1 week. In this event Lessor will invoice Lessee at the end of each week until the equipment has been returned.
4. SECURITY DEPOSIT. As an initial part payment of the rental fee, the Lessee shall pay a security deposit of half of the value of the quote supplied by Lessor (unless specifically agreed with Lessor that such a deposit is not necessary) prior to receiving any equipment. Lessor will provide details for the amount and payment method in their quote. This deposit shall be deducted of the invoice Lessor will give to the Lessee upon termination of their Agreement. Lessor does not hold a security deposit to apply against any charges or damages incurred. Therefore the Lessee is responsible for any such charges and they will be added to the invoice if incurred. The Lessee will return the equipment in the same condition as it was at the time the contract was entered on, normal wear and tear excepted. Lessor’s invoice for replacement or repair is conclusive as to the amount.
5. LEASE TERM. Any equipment rental agreements shall begin on the effective date agreed on in the quote and shall terminate on the date agreed on in the quote, unless otherwise terminated in a manner consistent within these terms. At the end of the Lease term, the Lessee shall be obligated to return the equipment to the Lessor at the Lessee’s expense. The delivery and the return of the equipment shall take place under Lessee’s risk, cost and expense, unless the Lessee uses Found Your Sound’s concierge service. When using the concierge service Lessor will deliver and return the equipment.
6. LOCATION. The equipment shall be located at the location address Lessee had supplied, during the entire term of the Agreement, and shall not be removed from that location without the Lessor’s prior written consent. There may be a reason why the Lessee needs to move the equipment from one location to another (f.i. from home or company address to live performance or studio address or on tour); this is permitted as long as the Lessee has notified Lessor of the exact whereabouts of the equipment and Lessor has agreed.
7. CARE AND OPERATION. The equipment may only be used and operated in a careful and proper manner. The instructions provided by Lessor must be followed at all times, whether given in writing or word. The use of the equipment must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment. If damage occurs to the equipment or the environment due to improper use or care of the Lessee, the Lessee will be liable for any charges.
8. INSURANCE. The Lessee shall insure the equipment in an amount of at least current market value; If the Lessee chooses not to insure the equipment, the Lessee will be liable to pay up to current market value of the product in case the equipment is damaged, lost or stolen. This will be determined as following:
-The Lessee has to pay current market value if complete replacement is necessary, for instance if:
a. damaged beyond repair
b. lost or stolen
c. if any components are damaged to a point where repair would mean devaluation of the current market value (for example in case of a damaged transformer in a vintage amp, as this is directly linked to an amp’s current market value)
-The Lessee has to pay repair costs if equipment is damaged, but reparable without depreciation.
Lessor’s findings are conclusive in such a situation. The Lessee will also be responsible for insuring damage incurred to the environment or people in the environment by the equipment whilst in possession of the equipment.
9. ALTERATIONS. Lessee shall make no alterations to the equipment without prior written consent of the Lessor. Lessor shall have the right to inspect the equipment during Lessee’s normal business hours upon request.
10. MAINTENANCE AND REPAIR. If using a long-term rental option (more than a week) or taking the equipment on tour (outside of it’s regular service area), the Lessee shall maintain at the Lessee’s cost, the equipment in good repair and operating condition, allowing for reasonable wear and tear. Such costs shall include labour, material, parts, and similar items. Maintenance and repairs can only be carried out by authorised personnel and after written consent from Lessor. Due to the nature of some of the vintage and high-end equipment no alterations are allowed to be made without the consent of Lessor.
11. DEFAULT. The occurrence of any of the following shall constitute a default of an Agreement:
a. The failure to make a required payment under the Agreement when due.
b. The violation of any other provision or requirement that is not corrected after notice of the violation is given.
c. The insolvency or bankruptcy of the Lessee.
12. LIMITATION OF LIABILITY. To the maximum extent permitted under applicable law, lessor shall not be liable to lessee. Lessee covenants that it shall not assert a claim against lessor, under any legal theory, whether in an action based on a contract, negligence, tort, strict liability, or otherwise provided by statute or law, for any incidental, special, exemplary, consequential, or statutory damages, or any damages resulting from lost profits, interruption of business, or loss of goodwill. Lessee waives any claim that these exclusions deprive it of an adequate remedy or cause this agreement to fail of its essential purpose. lessor and lessee acknowledge and agree that any warranty disclaimers and limitation of liability provisions set forth above have been negotiated and are fundamental elements of basis of this agreement.
13. INDEMNITY. Lessee agrees to indemnify and hold Lessor, its subsidiaries, affiliates, and respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses suffered or incurred arising out of Lessee use of the equipment, the functionality of the equipment, or any violation of their Agreement.
14. SEVERABILITY. In the event, that any portion of Lessor’s and Lessee’s Agreement is held to be unenforceable, the unenforceable portion shall be amended to reflect, to the greatest extent permitted under applicable law, the original intent of the Parties, and the remainder of the provisions shall remain in full force and effect.
15. WAIVER. Either party’s failure to insist upon strict performance of any provision of their Agreement shall not be construed as a waiver of that or any other of its rights at any later date or time.