BY PLACING YOUR ORDER WITH DESERT AIR CINEMA, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
Desert Air Cinema only provides rentals and services for private use. By placing your order you agree that you will not be using the rental equipment for business use unless a business waver has been signed and you have a licensing to show a public performance film. If you have questions about this policy please call us at 1-520-303-3462.
As a condition of placing any order with Desert Air Cinema, you agree to the following terms and conditions. The terms “Desert Air Cinema,” “we” or “our” refer to Desert Air Cinema. The terms “you” or “yours” refer to the customer ordering Desert Air Cinema services, equipment rentals, or products. All orders placed by you or the authorized credit card users will be subject to these terms and conditions, unless otherwise agreed by both you and Desert Air Cinema in writing, and acceptance of any orders by you is conditional upon your agreement of these terms and conditions.
Upon delivery to the event, you authorize Desert Air Cinema to charge the credit card that you have provided (Visa, MasterCard or American Express) with an amount equal to all payments and fees due under this agreement. You also authorize Desert Air Cinema to charge the credit card on file for all payments and fees in accordance with this agreement upon the end of the equipment rental period specified in this agreement, including but not limited to charges for Accidental Damages Coverage, charges for optional services, and Desert Air Cinema expenses associated with loss of, or damage to, the equipment while the equipment is at the delivery location.
In consideration for the services, equipment rentals, and/or products you order from Desert Air Cinema, you agree to pay the total fees agreed up on with Desert Air Cinema. Additionally, you may determine before or during an event that equipment or services not originally contracted for are necessary for such event. You agree to pay for any additional equipment rentals or billable services requested by you (or the authorized credit card users), which will be billed at Desert Air Cinema’s then-current standard pricing and guidelines. You also agree to pay other charges in accordance with this agreement, including but not limited to applicable taxes, charges for optional Accidental Damage Coverage (see below), charges for optional services, cancellation fees, and Desert Air Cinema’s expenses associated with loss or theft of, or damage to, the equipment while the equipment is at the delivery location to the extent such loss, damage or theft is not covered by Desert Air Cinema’s optional Accidental Damage Coverage.
ACCIDENTAL DAMAGE COVERAGE
Desert Air Cinema’s optional Accidental Damage Coverage covers any damage incurred to the equipment during your rental period that was not caused by intentional damage, gross negligence, theft or loss. If you do not choose Desert Air Cinema’s Accidental Damage Coverage, you will be wholly responsible for any damages to the equipment whether non-intentional or intentional. If you have purchased the Accidental Damage Coverage it will be noted on your invoice/order confirmation.
Desert Air Cinema’s has no Theft Coverage for any theft of the equipment. You will be wholly responsible for any loss of the equipment whether intentional or non-intentional. You are required to send a copy of the local police report to Desert Air Cinema within 24 hours of the occurrence.
You agree to immediately notify us if you have any issues with our onsite services or equipment, or any concern whatsoever. If your issue occurs after our regular business hours, please call 1-520-303-3462 to be connected with our 24-hour technical assistance staff. Desert Air Cinema is not responsible for the compatibility of the equipment rented pursuant to this agreement with any equipment supplied by you or a third party with whom you contracted.
While the equipment is on-site at your delivery location, it is your responsibility to ensure that the equipment is not stolen, damaged, or otherwise harmed. You agree to use the equipment in a careful and proper manner and you shall not use the equipment in any way that is inconsistent with its intended use. You are responsible for paying repair or replacement fees associated with any loss or theft of, or damages to, the equipment while the equipment is at the delivery location. Equipment must be returned to Desert Air Cinema in its original state and usable by Desert Air Cinema. You are responsible to either help resolve the issue or pay for a full replacement of the equipment if the equipment is returned not in its original state. This also applies to equipment returned to Desert Air Cinema with its software in an unusable state. (ie samsung blu-ray java script or projector software.)
RENTAL PERIOD EXTENSION
After your event is completed, if you are responsible for returning your equipment to us on the agreed upon date, your rental period will be automatically extended to the same duration and billable rate as the initial rental. Please refer to your order confirmation for the return date or call Desert Air Cinema directly for any questions you have on returning your rental. You may also visit, www.desertaircinema.com and use contact us.
ORDERS WITH DEVICE CUSTOMIZATION
Order customization details and documents must be provided to Desert Air Cinema no later than the agreed upon date. If the customization details are not received by Desert Air Cinema by the date agreed upon, additional service fees may be added to the invoice for expedited customization services. If order customization details are required for your order it will be listed on your order confirmation.
Desert Air Cinema is not liable for internet connection in any way as Desert Air Cinema cannot control internet bandwidth or data connections from any service provider.
If you need to cancel your full order or a portion of your order, you are required to notify Desert Air Cinema by calling. Dependent on when the order is canceled in advance of the event, If the entire order or a portion of the order is canceled three business days or greater before the delivery date, there is no refund of deposit. If the entire order or a portion of the order is canceled the same day as the delivery date, no refund will be processed and the total fees for service remain will due.
You agree that Desert Air Cinema may use your company name and information in marketing materials and website listings of customers.
You hereby agree to defend, indemnify and hold harmless Desert Air Cinema, including its officers and employees, from any and all claims, suits, damages, losses, liabilities (including but not limited to Workers’ Compensation claims) arising from your or your agents’, subcontractors’ or guests’ use of the equipment or your violation of this agreement. You agree that Desert Air Cinema shall not be liable to you for any incidental, indirect, special, exemplary, punitive, consequential or lost profits damages related to or arising out of this agreement. You agree that Desert Air Cinema shall not be liable for any damages that exceed the fees paid by you under this agreement.
GENERAL TERMS & CONTROLLING LAW
These terms and conditions together with Desert Air Cinema’s order confirmation(s) represent the complete agreement of the parties, and no terms or conditions in any way adding to, modifying or otherwise changing the provisions stated herein and in Desert Air Cinema’s order confirmation shall be binding upon Desert Air Cinema unless made in writing and signed and approved by an officer of Desert Air Cinema. You represent and warrant that you have not relied and cannot rely upon any representation or warranty made by Desert Air Cinema pertaining to the matters concerning this agreement, except to the extent that such representation or warranty is expressly set forth in the terms of this agreement. In the event that any one or more of these terms or conditions is held unenforceable, the remaining terms and conditions shall remain binding and effective. You may not assign your interest under this rental agreement to any other party without our prior written consent. This agreement and all rights and obligations hereunder shall be governed by the laws of the State of Arizona without regard to conflicts of law principles. The exclusive jurisdiction and venue of any legal proceedings for the resolution of disputes in connection with this agreement shall be a federal or state court of competent jurisdiction in Pima County, Arizona, USA. In the event any legal action is commenced by you or Desert Air Cinema for the purposes of enforcing any provision of these Terms and Conditions, or in connection with any breach of this agreement, Desert Air Cinema shall be entitled to its reasonable attorney fees, expenses and court costs should Desert Air Cinema prevail in the legal action.
These terms and conditions shall apply to all orders placed with Desert Air Cinema. If you have any questions, comments or concerns please contact us at 1-520-303-3462.