Conditions of Use

EQUIPMENT RENTAL TERMS & CONDITIONS

  1. Rental Period
    1. The Rental Period shall cover all time consumed, as the case may be:
      1. from the date of transportation of the equipment, including the date of legal delivery to a public carrier for transit to Lessee and upon return of the equipment, the date of legal delivery by such carrier to Lessor, or
      2. if no public carrier is used, shall include the date upon which transit to Lessee begins and the date upon which transit from Lessee ends at Lessor’s unloading point, or
      3. from the date of pick up by the Lessee at the premises agreed between the Parties, to the date of drop-off by the Lessee at the premises agreed between the Parties.
    2. The rental period may be extended at no cost, to cover weekends or public holidays at the discretion of Shadeena Entertainment.
  2. Rental Charges
    1. The order process on the rental.shadeena.com produces an estimate which is confirmed by Shadeena Entertainment in writing within 24 hours.
    2. The Lessee shall pay rental for the entire Rental Period on each article of equipment named in the invoice.
  3. Payment
    1. The rent for any and every item of equipment described in the invoice shall be the amount therein designated and is payable within 15 days of receipt of the invoice. Lessee shall pay Lessor interest in accordance with the maximum provided at law on any late payment from the date when such payment was due until paid and on any other sum for breach of this Agreement, from the date of the breach, and expenses of collection or suit, including actual attorneys’ fees.
  4. Insurance Policy
    1. In the event that the daily rental cost for the equipment listed in invoice is of €500 or more, the Lessee shall keep the equipment insured against all risks of loss or damage from every cause whatsoever for not less than the full replacement value thereof; and shall carry public liability and property damage insurance covering the equipment and its operation and handling for the amount of at least forty-three thousand Euros (€25,000) or other a reasonable amount specified by Lessor. The Lessee shall furnish proof of the insurance policy provided in this Clause to the Lessor prior to consignment and throughout the term of this Agreement, as may be requested by the Lessor from time to time.
    2. The insurance policy may be waived at the discretion of Shadeena Entertainment Ltd.
  5. Maintenance and Operation
    1. The Lessee shall not remove, alter, disfigure or cover up any numbering, lettering, or insignia displayed upon the equipment, and shall see that the equipment is not subjected to careless, unusually or needlessly rough usage; and Lessee shall at his own expense maintain the equipment and its appurtenances in good repair and operative condition, and return it in such condition to Lessor. Any damage to the rented equipment shall be reported to the Lessor immediately. The Lessor shall inspect all equipment returned within two (2) working days. Should any damages be found, the Lessee is bound to pay for any repair costs incurred including shipping to third parties.
  6. Repairs
    1. The expense of all repairs made during the Rental Period, including labour, material, parts and other items shall be paid by the Lessee. Such repairs shall either be conducted by the Lessor or by the Lessee only upon prior approval by the Lessor.
  7. Use
    1. Use of the equipment shall be limited to the Lessee and to any Lessee personnel authorised by the Lessor. The Lessee shall remain responsible for any damages as a result of equipment used by the Lessee’s personnel, whether authorised or unauthorised to use said equipment.
  8. Disclaimer of Warranties
    1. The Lessor being neither the manufacturer, nor a supplier, nor a dealer in the equipment, makes no warranties; express or implied, as to any matter whatsoever, including without limitation, the condition of the equipment, its merchantability, its design, its capacity, its performance, its material, its workmanship, its fitness for any particular purpose, or that it will meet the requirements of any laws, rules, specifications or contracts, which provide for specific apparatus or special methods. The Lessor further disclaims any liability whatsoever for direct, indirect or consequential loss, damages, or injury to the Lessee or Third Parties as a result of any defects, latent or otherwise, in the equipment. As to the Lessor, the Lessee leases the equipment “as is”. The Lessor shall not be liable in any event for any direct, indirect or consequential loss, delay or damage of any kind or character resulting from defects in, or inefficiency of equipment hereby leased or accidental breakage thereof. Notwithstanding the preceding clause, where the Lessor is found liable in terms of law, for damages resulting to the Lessee or Third Parties, as a result of the services provided under this Agreement, the liability of the Lessor shall not, in any event, exceed the Rental Charges paid by the Lessee for leasing the equipment for a period of 1 month.
  9. Obligations of Lessor
    1. The Lessor must deliver to the Lessee the items let in a condition fit for the use for which it has been let. The Lessor is bound to provide the equipment in a good state of repair in every respect.
  10. Obligations of the Lessee
    1. The Lessee is bound to make use of the equipment let to him/her as a bonus paterfamilias, and for the purpose stated in this Agreement.
    2. If the Lessee uses the equipment leased for any purpose other than that agreed upon by the Parties or in a manner which may prejudice the Lessor, the Lessor may, according to circumstances, demand the termination of this Agreement.
    3. The Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including legal fees, arising out of, connected with, or resulting from the equipment or the Lease, including without limitation, the manufacture, selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the equipment. Lessee shall further indemnify Lessor, and hold Lessor harmless from all loss and damage to the equipment during the rental period.
  11. Risk of Loss
    1. The Lessor shall not be responsible for loss or damage to property, material, or equipment belonging to Lessee, its agents, employees, suppliers, or anyone directly or indirectly employed or engaged by Lessee while said material property, or equipment is in Lessor’s care, custody, control or under Lessor’s physical control. Lessee is encouraged to obtain appropriate equipment, material, or installation floater insurance against such risk of loss. Lessee and its insurers waive all rights of subrogation against Lessor for such losses.
  12. Right of Inspection – Lessee
    1. The Lessee shall inspect the equipment within one (1) business days after receipt thereof. Unless Lessee within said period of time gives written notice to the Lessor, specifying any defect in or other proper objection to the equipment. Lessee agrees that it shall be conclusively presumed, as between Lessor and Lessee, that Lessee has fully inspected and acknowledged that the equipment is in full compliance with the terms of this agreement, in good condition and repair, and that Lessee is satisfied with and has accepted the equipment in such good condition and repair.
  13. Right of Access – Lessor
    1. The Lessor shall have the right at any time to enter the premises occupied by the equipment and shall be given free access thereto and afforded necessary facilities for the purpose of inspection.
  14. Ownership
    1. The Lessor shall at all times retain ownership and title of the equipment. Lessee shall give Lessor immediate notice in the event that any of said equipment is levied upon or is about to become liable or is threatened with seizure, and Lessee shall indemnify Lessor against all loss and damages caused by such action.
  15. Remedies of Lessor in case of default
    1. If (a) Lessee shall default in the payment of any rent or in making any other payment hereunder when due, or (b) Lessee shall default in the payment when due of any indebtedness of Lessee to Lessor arising independently of this lease, or (c) Lessee shall default in the performance of any other covenant herein and such default shall continue for five days after written notice hereof to Lessee by Lessor, or (d) Lessee becomes insolvent or makes an assignment for the benefit of creditors, or (e) Lessee applies for or consents to the appointment of a receiver, trustee or the appointment of a liquidator of; Lessor shall have the right to exercise any one or more of the following remedies to the extent permitted by applicable law: (a) To declare the entire amount of rent hereunder immediately due and payable as to any or all items of the equipment, without notice or demand to Lessee. (b) To sue Lessor for and recover all rents, and other payments, then accrued or thereafter accruing, with respect to any or all items of the equipment. (c) To take possession of any or all items of the equipment without demand, notice, or legal process, wherever they may be located. Lessee hereby waives any and all damages occasioned by such taking of possession. Any said taking of possession shall not constitute a termination of this lease as to any or all items of equipment unless Lessor expressly so notifies Lessee in writing. (d) To terminate this lease as to any or all items of equipment. (e) To pursue any other remedy at law.
    2. All such remedies are cumulative and may be exercised concurrently or separately.
  16. Sub-Lease of Assignment
    1. No equipment shall be sublet by Lessee, nor shall he assign or transfer any interest in this Agreement without written consent of Lessor. Lessor may assign this Agreement without notice. Subject to the foregoing, this Agreement inures to the benefit of, and is binding upon, the heirs, successors, and assignees of the parties hereto.
  17. No waiver of remedies
    1. No failure on the part of the Lessor to exercise and no delay in exercising, any right or remedy, hereby shall operate as a waiver thereof; nor shall any single or partial exercise by Lessor of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. If any term or provision of this lease is found invalid, it shall not affect the validity and enforcement of all remaining terms and provisions of this lease.
  18. Expenses
    1. The Lessee shall pay the Lessor all costs and expenses, including legal fees, incurred by the Lessor in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof.
  19. Entire Agreement
    1. This instrument constitutes the entire agreement between Lessor and Lessee and it shall not be amended, altered or changed except by a written agreement signed by the parties hereto.
  20. Governing Law and Dispute Resolution
    1. This Agreement shall be construed and governed by and in accordance with the laws of Malta and subject to the jurisdiction of the Courts of Malta.