Property Claims Agreement


Property Claims Agreement

This Agreement was last updated on June 15, 2019.

Police Report Procedure

Before engaging with local police, Future Signal, Inc (dba “Crisp”) will make every effort to collect and resolve any outstanding rental, repair and replacement debt with renter including but not limited to placing phone calls, delivering text and email correspondence, making residential or commercial property site visits and contacting known relatives or building property owners. If, after multiple attempts to collect outstanding rental payments, over the course of no less than thirty (30) days, Crisp is unable to collect outstanding payments from renter, Crisp reserves the right to submit any information to police officials including the renter’s photo identification information, address and phone information and any documented correspondence. Such information may be used to file a police report as part of Crisp’s debt or property collections process.

Damage / Loss

Upon the repair of the equipment, the “Final Repair Cost” will be determined as the repair/replacement cost less 50% unless the renter purchased insurance at the time of submitting their rental order. If the final amount is less than the amount charged, the difference will either be added to Lessee’s account or be refunded to the card on file according the Lessee’s preference. Damage costs may be limited depending on the insurance waiver/add-on that Lessee has purchased for the rental order. Please refer to the Policies section on our website for more details.

If the rental equipment has any damages beyond cosmetic damage from normal use, Crisp reserve the right to immediately charge the payment method on file up to 50% of the property’s full replacement value. Upon the repair of the equipment, the “Final Repair Cost” will be determined as the repair/replacement cost less 50%. If final repair cost is higher than the initial amount charged, Lessee will immediately be charged the difference between the two.

Proper Loss Notification:

All notifications must be written and emailed to [email protected] Lessee must notify Crisp about any loss of equipment within two days of the loss. Notification must detail date of loss, circumstances related to the loss, and itemize the equipment loss. Lessee must provide proper filings with the local police force any time that the equipment is lost or stolen and forward the police filing to Crisp promptly after filing. Lessee’s failure to make payment on any money due as a result of damage or loss will result in default.

If Lessee has given Crisp proper notification of the loss, Crisp will invoice Lessee for the replacement value of the equipment (“Loss Equipment Invoice”). In the event of partial equipment loss, unless Lessee cancels and returns the outstanding equipment, Crisp will continue to charge for the outstanding equipment rental payments on Lessee’s next billing date. Lessee must maintain full contact with Crisp by email & pay the total loss replacement invoice by due date in order in order to not be charge interest on the unpaid invoice. If Loss equipment invoice is not paid by the due date, Crisp reserves the right to charge revenue loss due to missing equipment AND interest on the outstanding equipment. If Lessee does not provide proper notification of the loss event, Crisp will continue to issue rental invoices in addition to issuing the Loss Equipment Invoice of the equipment in Lessee’s order. The Loss Equipment invoice is due at the specified due date and will accrue an additional interest rate for days not paid. Lessee will owe the total sum of all rental invoices, Loss Equipment Invoices, and any additional interest that has accrued.

Warranty of Authorization:

Lessee warrants that any personnel which it directs or allows to receive/pick-up the equipment from Crisp is authorized by Lessee to do so. Lessee must add said person as an authorized user. Lessee warrants that any person whom they direct or allow to sign for the acceptance of shipped equipment is ordered by Lessee to do so. Crisp has no liability for and Lessee shall have sole liability for any equipment ordered by Lessee regardless of who may actually accept delivery at shipping address.

Jurisdiction:

This agreement shall be governed in all respects by the laws of the State of California, USA. Lessee voluntarily and knowingly submits to the personal and in rem jurisdiction of the courts of the State of California, and voluntarily and knowingly acknowledges the subject matter jurisdiction and propriety of venue of suits brought against Lessee by Crisp in the courts of or sited in Alameda County, California, whether state or federal.

Default:

In the event of a default, all amounts owed by Lessee to Crisp is immediately due. In addition to all other liability owed in law and equity, Lessee shall be liable to Crisp for all costs and attorneys’ fees required to remedy Lessee’s breach of this agreement. Lessee hereby agrees to indemnify and hold Outfitter harmless from any liability, claims, demands, suits, damages, costs, expenses, and attorneys’ fees incurred as a result of Lessee’s performance, nonperformance or breach of this agreement, including those incurred as a result of Lessee’s use, control or possession of equipment rented to Lessee by Crisp, without regard for ownership thereof. Nothing contained herein shall bar or prevent Crisp, in the event of monies being due it from Lessee for rental, repair, replacement, or other costs, from suing and receiving such monies, or from repossession of equipment rented to Lessee by Crisp. All foregoing remedies are expressly consented to and authorized by Lessee.

Indemnity:

If Lessee breaches any term, covenant or condition of this Agreement, including but not limited to timely making any payment then due, or if any execution or other writ or process shall be issued in any action or proceeding against Lessee whereby equipment rented to Lessee by Crisp may be or appear to be in danger of being seized, taken or distrained, or if proceedings in bankruptcy, receivership or insolvency shall be instituted by or against Lessee or any of Lessee’s property, or if Lessee shall enter into any settlement or compromise with a creditor, or in the event any judgment is obtained against Lessee, or if for any other reason Crisp deems itself insecure in the retention of control or ownership of equipment rented to Lessee by Crisp, or such equipment is otherwise placed at risk, then and in such event Crisp shall have the option of terminating this Agreement and, without notice or demand, by process of law or otherwise, retake possession of such equipment, with or without force, and with or without notice of intention, without further liability to Lessee or any third party for any suit or action, and Lessee shall hold Crisp harmless and indemnify Crisp against any such claims of third parties.

Maximum Liability:

At all times and in all events, Crisp’ maximum liability to Lessee for any transaction or occurrence pertaining to, arising out of, or flowing from an order or equipment rented to Lessee by Crisp shall be limited to monies paid by Lessee to Crisp on that order.

Risk:

The risk of damage or loss to equipment associated with pick-up orders remains with Lessee from the time of pick up to the time it is received back by Crisp, regardless of fault. The risk of damage or loss to equipment associated with shipped orders remains with Lessee from the time of signature confirming receipt to the time it is received back by Crisp, regardless of fault.

Notification:

Services of all notices under this Agreement shall be sufficient if sent to Lessee through Lessee’s account on site, Lessee’s email, or by certified mail, return receipt requested, postage prepaid, at the address provided by Lessee for applicable equipment rental. Lessee may contact Crisp at [email protected]