Rental Terms and Conditions

Rental Agreement

• This agreement applies to all present and future equipment rentals provided by In-Situ Inc. (In-Situ) and the renter (Customer).
• Equipment acceptance by Customer, or by shipper or courier delivering to Customer at its expense from Company or In-Situ, constitutes acceptance of these Terms and Conditions. Changes or exceptions to these rental terms and conditions can only be made in writing by an authorized In-Situ representative.

Placing Rental Orders

• Rental orders can be placed by:
• Telephone or email to In-Situ Inside Sales or Customer Service Representatives.
• In-Situ rental (in-situ.com/rentals).
• Other In-Situ authorized websites.

Price and Invoicing

• Rental prices are valid for 30 days following the date of quotation.
• Prices are subject to change without notice.
• In-Situ will normally invoice at the end of the rental period, or at 31 days, with 30-day payment terms.

Payment Terms

• In-Situ will extend terms of net 30 days to customers who have established a credit account with us.
• For new account holders, a credit approval will be required unless paying by credit card. Credit applications are available upon request. A bank reference and four trade references are required.
• Payments are due in 30 days from the date of the invoice. All past due invoices and uncollected funds shall be charged interest at a rate of 1.5% per month. If a credit card is used for payment of late invoice(s), a 3% surcharge will be added to cover the additional cost.
• The customer agrees to pay all collection costs, including attorneys’ fees, and penalty charges if collection services on the account become necessary.

Rental Period

Standard Rentals

• The minimum standard rental period is one day (24 hours), unless stated otherwise. There is no maximum rental period.
• The rental period begins the first weekday after the requested delivery date unless otherwise specified. If the items are shipped with a delivery commitment time before noon local time, rental charges begin the day equipment is received.
• The rental period ends the day the equipment is shipped to In-Situ in Fort Collins, Colorado as determined by the shipping tracking number, unless otherwise specified. If a tracking number is unavailable to In-Situ, charges will continue through the weekday preceding the date received by In-Situ. If equipment is used until the end of the day and cannot be shipped until the following business day, customers must contact In-Situ Customer Service at (800) 446-7488 or email at Sales@In-Situ.com to notify them that the equipment is off rent and will be shipped the following business day. Equipment must be received by In-Situ within seven (7) days following notification to take equipment off rent. The rental period for equipment not received within this time frame will be extended to the ship date, if this information is available, or to the weekday preceding the date received by In-Situ.
• In cases where the customer picks up equipment directly from In-Situ, the rental period starts on the day the equipment is picked up and ends the day the equipment is returned to In-Situ in Fort Collins, Colorado. The minimum standard rental period is one day (24 hours) and there is no pro-rating for partial days.

Long-Term Rentals

• Long-term rental periods are agreed to at the beginning of the rental and are generally 12 months or more unless stated otherwise.
• The long-term rental period begins on the first weekday following receipt of the equipment unless otherwise specified.
• The long-term rental period ends the day the equipment is shipped to In-Situ in Fort Collins, Colorado as determined by the shipping tracking number, unless otherwise specified. If a tracking number is unavailable to In-Situ, charges will continue through the weekday preceding the date received by In-Situ. Customers can contact In-Situ Customer Service at (800) 446-7488 or email at Sales@In-Situ.com to notify them that the equipment is off rent and will be shipped the following business day. Equipment must be received by In-Situ within seven (7) days following notification to take equipment off rent. The rental period for equipment not received within this time frame will be extended to the ship date, if this information is available, or to the weekday preceding the date received by In-Situ.

Rental Charges

• Rental charges are based on the duration of the rental and not on days used.
• Rental quotations are estimates of the total charges to be incurred based on the customer’s representation of the estimated rental period and equipment and other information conveyed by Customer to In-Situ. Actual charges may vary.

Standard Rentals

• Rental charges are calculated for weekdays only during the rental period, unless otherwise specified. There is no rental charge for Saturday or Sunday
• A daily rate is charged for each weekday of the rental period, unless otherwise specified.
• Daily rental rates may be discounted based on rental periods.
• Weekly and monthly rates are provided for comparison purposes only. Rental rates are based on daily rates.

Monthly Rentals

• Some rental products may be available for a monthly rate only.
• Rental charges are calculated for full months only. Partial months are rounded up to the next full month.

Long-Term Rentals

• Some rental products may be offered for a long-term contract of 12 months.
• Rental charges are calculated for full months only. Partial months are rounded up to the next full month.

Shipping

• In-Situ ships via FedEx, unless otherwise specifically stated on the rental order by the Customer.
• The customer is responsible for shipping charges in both directions, including insurance, unless stated otherwise. Shipping is prepaid and included in the invoice.
• Customer may provide their own shipping account information. Shipping information must be supplied to In-Situ before the order is shipped.
• Orders placed via the rental website are shipped via the selected method regardless of requested delivery date. The customer is responsible for selecting the appropriate shipping method to receive the equipment in a timely manner.
• In-Situ may drop-ship orders from our vendors.
• In-Situ agrees to ship equipment to Customer in compliance with all applicable federal, state, and local rules, regulations, and procedures. Customer agrees to comply with all applicable federal, state, and local rules, regulations, and procedures when returning equipment to In-Situ and to return the equipment in its original shipping containers, whenever possible. Department of Transportation (DOT) regulations apply to shipments containing potential hazardous material. In-Situ may ship equipment containing lithium batteries, considered potentially hazardous by the DOT. These regulations apply for shipments either to the Customer from In-Situ or from the Customer to In-Situ. Federal laws provide for penalties if such regulations are not followed. In-Situ is required by law to report any violations known to it.

Rental Shipping Costs - Effective December 2022

Shipments via FedEx

Service	Price	Notes
Ground	No charge
3 day Express	50
2 day Express	100
Standard Overnight	150	Arrives before 4pm next day
Priority Overnight	200	Arrives before 10.30am next day
First Overnight	300	Delivery the next-business-day morning by 8 a.m., 8:30 a.m., 9 a.m. or 9:30 a.m. to most areas
Saturday Delivery	400	Delivery to over 98% of US population on Saturday

Cancellation

• Rental orders cancelled less than 24 hours from ship date may be charged a restocking fee. If an order is cancelled after equipment has been shipped, Customer agrees to pay all shipping charges plus the charges incurred by the standard rental period as defined above, or one day, whichever is greater.

Long-Term Rentals

• Long-term rentals cancelled at or before 3 months from the beginning of the first contract period, will be charged standard monthly rental rates rounded up to the nearest month. If the contract is cancelled after 3 months but before the end of the contract period, the total rental cost will be prorated from the total cost of the original contract based on the remaining months in the contract.

Customer Obligations

• Customer is responsible for proper storage and maintenance of equipment from the time of delivery to the time the equipment is received by In-Situ.
• Equipment is to be returned to In-Situ by the customer clean, decontaminated, and in good working condition and repair as determined by In-Situ; wear from reasonable and proper use is excepted. Cleaning and decontamination charges will apply if such service is deemed necessary.
• The customer is responsible for lost, stolen, or damaged equipment due to abuse, misuse, or negligence and agrees to pay repair or replacement cost as determined by In-Situ. The customer shall not make any modifications, additions, or improvements to the equipment and shall use it only for the purpose and in the manner which the manufacturer intended.

Inspection

• All instrumentation is examined, checked, and cleaned prior to shipment to assure performance.
• Customer agrees to inspect the equipment upon receipt for damage and confirm that it is in proper working condition. In the event the equipment is damaged or is not in proper working condition, Customer must notify In-Situ within 24 hours after delivery for return instructions, and Customer agrees to return the failed equipment following In-Situ’s instructions.

Limitations of Liability

• With respect to all rental equipment, CUSTOMER SHALL NOT IN ANY EVENT BE ENTITLED TO RECOVER FROM IN-SITU AND IN-SITU SHALL NOT BE LIABLE FOR, ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR REIMBURSEMENT FOR LOSS OF PROFIT, MANUFACTURING COSTS, LABOR COSTS, SALES COSTS, OVERHEAD EXPENSE, AND/OR LOSS OF GOODWILL. UNDER NO CIRCUMSTANCES SHALL CUSTOMER, OR ANY OTHER PARTY, RECOVER FROM IN-SITU FOR ANY SUCH CLAIMS ASSERTED HEREUNDER IN EXCESS OF THE LESSER OF (A) $50,000 OR (B) THE ACTUAL AMOUNTS PAID BY CUSTOMER FOR THE TWELVE-MONTH PERIOD PRECEDING THE EVENT RESULTING IN THE CLAIM, WHETHER SUCH CLAIM IS IN THE NATURE OF A BREACH OF CONTRACT OR WARRANTY, OR A TORT, OR A TORTIOUS BREACH OF CONTRACT OR OTHERWISE.

Indemnification

• The Customer agrees to indemnify, defend, and hold harmless In-Situ, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by the Customer or its officers, directors, employees, agents, licensors and suppliers.

DISCLAIMER

• DUE TO CONTINUING PRODUCT DEVELOPMENT, IN-SITU RESERVES THE RIGHT TO ALTER SPECIFICATIONS WITHOUT PRIOR NOTICE. IN-SITU ALSO RESERVES THE RIGHT TO ALTER TERMS PRIOR TO ACCEPTANCE OF THE ORDER