NEWENGLANDPCAV — Terms and Conditions — Rental Agreement - Customer is bound by the terms and conditions of this agreement, customer signature is not required.

1. TERMS OF DELIVERED EQUIPMENT: Customer assumes all risk of loss or damage to the Equipment upon delivery of the Equipment by NEWENGLANDPCAV or a designated NEWENGLANDPCAV agent to Customer,
and Customer shall be solely responsible for any such loss of or damage to the Equipment until the return of the Equipment to NEWENGLANDPCAV’S designated location. You acknowledge that prior to taking the Equipment, you
examined it, saw it in operation (if appropriate), and are aware of its condition and that it is in good condition except for any defect noted on this contract. Loss or damage of Equipment will be charged to the Customer.

2. TERMS OF SHIPPED EQUIPMENT: Customer acknowledges that upon receipt of Equipment that is shipped to designated Customer location, you examined it, saw it in operation (if appropriate), and are aware of its condition
and that it is in good condition except for any defect noted on this contract. Unless Customer notifies NEWENGLANDPCAV to the contrary in writing within 2 hours of the receipt of the equipment, it shall be conclusively
presumed that the equipment was received in full, with no missing items, and good operating condition. Equipment that is shipped to Customer is responsibility of Customer to ship back NEWENGLANDPCAV or NEWENGLANDPCAV’S
designated location at Customer’s risk and expense.

3. REPLACEMENT COSTS: Customer shall maintain and keep in force insurance in such amounts as shall be satisfactory to NEWENGLANDPCAV covering the Equipment against fire, casualty, liability, theft and indemnify NEWENGLANDPCAV
for repair or replacement of the Equipment in the event of any damage to or loss or destruction of the Equipment. NEWENGLANDPCAV so requests, Customer’s insurance required by this Agreement shall
name NEWENGLANDPCAV as an additional insured and loss payee. Replacement cost of equipment is based on many variables and solely NEWENGLANDPCAV determines full replacement value. Replacement costs will be
paid immediately and are not contingent upon receipt of payment to Customer by Customer’s insurance carrier. Rental charges will continue to accrue until payment of the deemed replacement cost has been received in full by NEWENGLANDPCAV
. Rental charges will not be offset against replacement value.

4. BUY OUT: All buyout requests for rented Equipment must be made in writing to NEWENGLANDPCAV will quote such buyout in writing to Customer. Solely NEWENGLANDPCAV determines
buyout value and rental charges will not be offset against buyout value. Any verbal agreement or quote with respect to buyout pricing is null and void. Rental charges will continue to accrue until payment for buyout is received by
NEWENGLANDPCAV in full.

5. RENTAL TERM: Customer agrees to rent the Equipment from NEWENGLANDPCAV for the terms specified on the face of this Agreement. Start of the Rental term indicates the date the equipment ships from NEWENGLANDPCAV’S
premises or designated premises is indicated on the face of the Agreement as the ‘Date Rented’. The date Equipment should arrive back NEWENGLANDPCAV’S premises or designated location is indicated on
the face of the Agreement as the date ‘Due Back’. The terms of this Agreement can be extended for one or more successive renewal terms equal to the initial term, unless Customer provides NEWENGLANDPCAV with written
notice at least five (5) days prior to the end of the term or any renewal term that Customer is discontinuing rental of the Equipment.

6. EQUIPMENT RETURN: Customer acknowledges that it is solely the Customer’s responsibility to return the Equipment to NEWENGLANDPCAV or designated location. If the Equipment is not returned by the Customer by the
date due back as indicated on the face of the Agreement, rental charges will continue to accrue as the Agreement will be extended for one or more successive renewal terms equal to the initial term. Equipment must be returned to
NEWENGLANDPCAV in good working condition. It is the responsibility of Customer to obtain a return receipt from NEWENGLANDPCAV upon pick up and such receipt must be kept by customer as a proof of return of rented
equipment. Equipment is subject to inspection upon return to NEWENGLANDPCAV or to NEWENGLANDPCAV’s designated location.

7. SHIPPING RETURN: All Rental equipment MUST be packaged with extreme care and must be returned in good working condition to NEWENGLANDPCAV. Adequate packaging material must be acquired at the expense of
the Customer for the return shipment of Equipment. Equipment must be shipped back with a packaging slip on each box indicating number of boxes, number of skids (if appropriate), and asset numbers of returned equipment.
Equipment is subject to inspection upon return to NEWENGLANDPCAV or to NEWENGLANDPCAV’S designated location. Upon inspection of shipments by NEWENGLANDPCAV, Customer will be responsible for any
replacement costs for the loss or damage to Equipment.

8. CANCELLATION: Orders cancelled after the Equipment is shipped or within 24 hours prior to shipping are subject to a cancellation fee of 100% of the total rental shown on the front page of this Agreement plus an amount equal
to charges incurred by NEWENGLANDPCAV in connection with its procurement of the Equipment and shipping charges incurred prior to cancellation.

9. USE/MAINTENANCE/SERVICE: The Equipment shall be operated in a careful and proper manner by competent persons and only in accordance with the manufacturer’s operating instructions. Customer shall not disassemble,
modify, alter, attempt to repair, or change the Equipment in any manner NEWENGLANDPCAV agrees that it shall maintain, repair or replace any of the Equipment that fails to operate properly through no fault of Customer.
Customer shall notify NEWENGLANDPCAV immediately of any operating problems with Equipment and request instructions before taking any remedial action or returning it NEWENGLANDPCAV. Credits for operating
problems with Equipment will only be considered if problems are immediately indicated and documented with NEWENGLANDPCAV support staff. In the event that NEWENGLANDPCAV determines that the need for
maintenance or repair is caused by damage to the Equipment as a result of Customer’s misuse, or improper use of the Equipment, or as a result of repair or service by a party other than NEWENGLANDPCAV or its designee,
Customer shall pay NEWENGLANDPCAV for any repair or replacement parts and for NEWENGLANDPCAV’s hourly service charges and pay NEWENGLANDPCAV for any repair or replacement parts and for NEWENGLANDPCAV’s
hourly service charges and minimum fee for making the repair.

10. PAYMENT: Customer agrees to pay NEWENGLANDPCAV the rental payments as specified in this Agreement and to pay all applicable federal, state or local taxes in connection with the rental or use of the Equipment. In the
event payment is not made to NEWENGLANDPCAV by the due date; Customer shall pay a late charge of one and one-half percent per month in addition to any payment due.

11. LOCATION: Customer agrees not to remove the Equipment from the installation Location or other site where the equipment is located without NEWENGLANDPCAV’s express prior written consent. NewEnglandPCAV
shall have the right to inspect the Equipment at the Installation Location at any time during normal business hours.

12. ACCESSORIES: All non-consumable accessories, including but not limited to surge devices, boxes, fiber cases, canvas bags, corrugated boxes, manuals, power cords and computer cabling provided with the Equipment, whether
or not specified herein, shall be deemed to be a part of the Equipment and shall be returned to NEWENGLANDPCAV with the Equipment.

13. WARRANTY/DISCLAIMER: Customer acknowledges and agrees that NEWENGLANDPCAV is neither the manufacturer or nor an agent of the manufacturer of the equipment, and that NEWENGLANDPCAV makes no
warranties, express or implied, of any kind with respect to the equipment including but not limited to any warranty of merchantability of the equipment or its fitness for any particular purpose, or its design or condition, or its quality,
capacity or workmanship. Customer rents the equipment as is with all its faults. It is agreed that NEWENGLANDPCAV shall not be liable to customer for, and customer releases NEWENGLANDPCAV from damages from any
cause whatsoever, including but not limited to equipment malfunction, inoperability or customer’s failure to properly operate the equipment. NEWENGLANDPCAV expressly disclaims any liability for incidental or consequential
damages. Customer agrees to look solely to the manufacturer of the equipment for any claim arising from any defect, breach of warranty or inability to use the equipment for any reason.

14. INDEMNIFICATION/COPYRIGHT: Customer hereby indemnifies and holds harmless NEWENGLANDPCAV, its officers, directors, agents and employees, from and against any and all loss, liability and expenses, including
attorney’s fees and expenses, for property damage or personal injury, including death, arising out of or in connection with the use or operation of the Equipment. NEWENGLANDPCAV hereby notifies Customer that software or
operating systems provided as part of the Equipment are protected under the copyright laws of the United States and that Customer is prohibited from duplicating reproducing, publishing, reverse engineering or otherwise making any
unauthorized use thereof. The indemnification set forth herein from Customer unauthorized use, duplication, reproduction or publication of copyrighted materials included with the Equipment.

15. LEGAL FEES, EXPENSES, ETC.: All legal expenses incurred will be borne by Customer, in the event that NEWENGLANDPCAV takes legal action against Customer to enforce any of NEWENGLANDPCAV’s rights under
this Agreement, including without limitation (i) any of NEWENGLANDPCAV rights to receive rentals, indemnification, reimbursement, costs of collection of any other sum provided for herein or (ii) any of NEWENGLANDPCAV’s
rights to expenses incurred by NEWENGLANDPCAV, directly or indirectly in connection with such legal action, including, without limitation, attorney’s and expert fees.

16. CREDIT CARD FOR PAYMENT: This provision applies for Customer’s making rental payments via credit card. Customer be charged for the rental of equipment for the rental period stated in the Agreement. Your signature on
this Agreement is verification that the credit card on the face of the Agreement is valid and you are authorized to use this credit card. This agreement also verifies that you will be charged on this credit card, unless otherwise agreed
upon in writing for the cost for any equipment lost, stolen, or damaged. If the rental contract is extended beyond the term stated above, all extensions will also be charged on the credit card listed on the face of the Agreement.

17. CREDIT CARD ON HOLD: Customer’s Credit Card given to NEWENGLANDPCAV to hold for security will be held on file and not charged unless agreed upon payment terms are breached by Customer. Customer will be
charged for the rental with credit card on hold if payment is not made by terms set upon within Agreement. Your signature on this Agreement is verification that the credit card for hold listed on the face of the Agreement is valid and
you are authorized to use this credit card. This agreement also verifies that you will be charged on this credit card unless otherwise agreed upon in writing for the cost for any equipment lost, stolen, or damaged.

18. OBJECTIONS: If Customer objects to any terms and conditions of this Agreement or has any objection to the suitability of any Equipment or its acceptability for any purpose under this Agreement, Customer shall notify NEWENGLANDPCAV
in writing of Customer’s specific objections upon receipt of this Agreement, prior to signing this Agreement, and prior to the delivery/shipping of your equipment from NEWENGLANDPCAV premises or the
premises of designated NEWENGLANDPCAV agent. Any objections shall not be binding upon NEWENGLANDPCAV unless received by NEWENGLANDPCAV with the aforementioned stipulations. The parties agree that
NEWENGLANDPCAV has the right to reject Customer’s objections NEWENGLANDPCAV, at its election may terminate this Agreement.

19. DEFAULT: In the event that the Customer fails to comply with any of the provisions of this Agreement, including, without limitation making timely payments of sums due hereunder to NEWENGLANDPCAV, or in the event
that Customer becomes insolvent or makes an assignment for the benefit of creditors, or if any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings under Federal Bankruptcy code or any other law for the
relief of debtors in instituted, or if the Equipment is levied upon or otherwise taken from the installation location or other site where the equipment is located, then (i) Customer shall be deemed to be in default hereunder, and NEWENGLANDPCAV
at its option may declare this Agreement to be terminated, (ii) NEWENGLANDPCAV or its agents may repossess and remove the Equipment, and (iii) NEWENGLANDPCAV may pursue any other remedy it
may have against Customer. If any of the Equipment is levied upon or removed from the installation location or other site where equipment is located, Customer hereby agrees to pay NEWENGLANDPCAV as liquidated damages
the full amount of the fair market value of such Equipment. In addition to the foregoing, Customer hereby agrees to pay (i) all bank and other charges resulting from a check of Customer being returned for insufficient or uncollectible
funds, (ii) all of NEWENGLANDPCAV’s costs of collection from Customer, (iii) a late charge of 1-2/3% per month of any delinquent amount, and (iv) any difference between (a) the actual rental provided herein for the term of the
Agreement and (b) the rental that would have been charged by NEWENGLANDPCAV had the rental payments been calculated on the basis of a term that commenced on the date of this Agreement and ended on the date of the
Customer’s default.

20. GENERAL: NEWENGLANDPCAV shall not be responsible for failure to fulfill its obligations under this Agreement due to causes or circumstances beyond its control. In the event of any liability for NEWENGLANDPCAV,
such liability shall be limited solely to the rental charge of the Equipment. NEWENGLANDPCAV shall not be liable for any consequential damages in the event of a default by NEWENGLANDPCAV. Customer agrees that it may
not and shall not offset against sums due to NEWENGLANDPCAV for any existing or future claims that Customer may assert against NEWENGLANDPCAV. This Agreement constitutes the entire Agreement and understanding
between the parties and may not be altered, modified, or amended except in writing as signed by an authorized official to NEWENGLANDPCAV. This Agreement shall be governed by and construed under the laws of the State of
New Jersey.

Sign: ___________________________________________ Printed Name:______________________________________________ Date: ______________________
NewEnglandPCAV: Please read these terms and conditions and the details of your order above to ensure accuracy. Please Sign, Print Name, Date, email to info @ newenglandpcav.com : 413-552-7228

 

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Last modified: 06/28/07