In regard to the Rental Agreement (herein after referred to as“ Rental Agreement”) entered into by and
between Customer (herein after referred to as“ Customer”) and Tamaya Co., Ltd. (herein after referred
to as“ Company”), any and all clauses provided hereunder shall be applied unless otherwise specially
agreed by Customer and Company in other contract documents or agreements. Customer shall agree
any and all clauses provided hereunder when Customer use the rental Equipment and services.
Company shall rent (herein after referred to as“ rentals”) the Equipment and any Software (herein after
collectively referred to as“ Equipment”) as specified in the invoice to Customer, and Customer shall rent
such Equipment from Company.
1. Rental period shall be as specified in the invoice and shall mean the period commencing on the date
when Company delivers the Equipment to Customer and concluding on the date when Customer
returns such Equipment to Company.
2. In the event that Customer desires to extend the rental period originally agreed upon, Customer shall
inform Company before 7days of termination of the original rental period.
Customer shall pay the rental fee specified in the invoice to Company by credit card 2 weeks prior to
the commencing date of rental period. The order deemed to be confirmed when such payment is
Company shall deliver the Equipment to Customer in the place designated by Customer within Japan,
except in the scheduled evacuated area, difficult-to-return area, restricted residence area, area in
preparation for the lifting of evacuation order, (herein after collectively referred to as“ Scheduled
evacuated area and the like”), and any and all expenses caused by such delivery shall be paid by
Customer. Company shall deliver the Equipment to Customer only to the public place within Japan such
as event site but shall not deliver to the private home or hotels.
1. Company shall only warrant that the Equipment properly performs upon delivery of such Equipment
to Customer and shall not warrant of complying with the Customer’s purpose of use of such
2. Unless Customer gives written notice to Company of defects in performance of the Equipment within 2 days of delivery, the Equipment shall deemed to be delivered with proper performance to Customer.
3. In case that the Equipment does not perform properly through no fault of Customer, Company shall
repair or replace such defective Equipment. In such case, Company shall only remit a part of rental
fee of Customer during the unusable period of the Equipment on the pro-rate basis and shall not
assume any other liabilities for damages caused to Customer.
4. Company shall not assume any liabilities other than those set forth in the preceding clause in relation
to the proper performance of the Equipment.
1. Customer shall treat the Equipment with the care of a good manager on the storage, usage,
maintenance of the Equipment and shall bear the supplies expenses and any other expenses required
for the storage, usage, maintenance of the Equipment.
2. Unless written prior approval is given by Company, Customer shall not:
-transfer the Equipment to any other place designated by Customer;
-alter or modify the Equipment;
-transfer the leasehold rights of the Equipment to a third party; and
-sublease the Equipment to a third party.
3. Customer shall be liable to compensate all damages caused to a third party resulting from the
Equipment itself or the installation, storage, or usage of such Equipment.
4. Customer shall not perform any acts of infringement on Company’s rights including, without
limitation, a transfer of the Equipment or a creation of security interest in the Equipment.
5. Customer shall not remove or deface the marks and labels attached to the Equipment.
Customer may use the Equipment only within Japan, except the Scheduled evacuated area and the like.
1. If software is included in a whole or part of the Equipment, Customer shall not:
1) transfer, grant a sublicense, or allow a third party to copy and use a whole or part of such software;
regardless of whether with or without charge;
2) copy a whole or part of such software; and
3) change or remodel the software.
2. Customer shall comply with an order given by Company or its agent to take necessary measures for
maintaining the confidentiality of software.
3. Customer shall be liable to compensate any and all losses caused by the storage or usage of such
software by Customer.
1. In the event of loss (include irreparable losses or infringement of property rights) or damage (include
irreparable damages or infringement of property rights) on the Equipment through the fault of
Customer, Customer shall pay a purchase expense of replacement or repair expense of the Equipment
2. In case of the preceding clause, Customer shall be liable to pay the rental fee during the rental period
regardless of whether Customer has used the Equipment or not. Furthermore, Customer shall pay the
minimum rental fee of such Equipment to Company as a rental fee of such repair period of the lost or
1. Company enters into a movables comprehensive insurance agreement on the Equipment designated
by Company and continues such agreement until this Rental Agreement becomes invalid.
2. In the event that an insured event occurs, Customer shall promptly notice such event to Company and
cooperate with Company in the effort to receive an insurance payment to Company.
3. If Customer fulfill the obligation set forth in the preceding clause, Company appropriates the received
insurance payout to the expenses set forth in Chapter 9 hereof (the amount of exemption is
predetermined) and other expenses payable hereunder by Customer to Company. In such case,
therefore, Customer may be exempted from the expenses set forth in Chapter 9 hereof in relation to
such Equipment within the limits of insurance payout that Company received. Such insurance,
however, is not applied to the case if such event is caused intentionally or grossly negligently of
4. Notwithstanding clause 1 above, the Company does not maintain such movables comprehensive
insurance for any software.
Even during the rental period, upon a Customer’s request, Customer may terminate this Rental
Agreement by returning the Equipment to the place designated by Company. In such case, however, the
rental fee shall not be in accordance with the invoice but shall be calculated based on the price list
designated and separately issued by Company to Customer (herein after referred to as“ Price List”).
After returning the Equipment, Company shall pay Customer back the balance amounts between the
original rental fee which already Customer paid to Company and the actual rental fee calculated based
on such Price List.
Company may terminate this Rental Agreement without its demand or notice if:
1. Customer fails to pay the rental fee to Company before due date;
2. Customer ceases the payment of rental fee;
3. Customer files for or is declared the bankrupt, civil rehabilitation, corporate reorganization, or
4. Customer suspends, abolishes, or dissolves its business, or loses its trusts in any other way;
5. Customer intentionally or grossly negligently causes an irreparable damage or loss of the Equipment;
6. Customer performs any of acts correspond to clause 1 or 2 of Chapter 15 hereof, or any breach or
misstatement of the representation and commitment in accordance with clause 1 of Chapter 15
hereof are found.
7. Customer breaches any of the clauses hereunder.
In such case, Customer shall immediately pay compensation to Company by cash including all required
expenses for securement of Company’s receivables and maintenance of Equipment, the balance
amounts between the original rental fee which already Customer paid to Company and the actual rental
fee calculated based on the Price List.
1. At the expiry of this Rental Agreement or early termination in accordance with the provision set forth
in the preceding chapter, Customer shall, at its own responsibility and expense, delete all data added
into the Equipment during the rental period, and shall immediately return the Equipment to the place
designated by Company at Customer’s expense. If some data remains undeleted in above case,
Company assumes no liability whatsoever for any damages caused to Company or a third party
resulting from the leakage of such remaining data.
2. In case of the preceding clause, if Customer losses or fails to return the Equipment at Customer’s
responsibility or returns the damaged Equipment, Customer shall pay compensation to Company in
accordance with the provision set forth in Chapter 9 hereof.
3. In the event that Customer delays to return the Equipment to Company, Customer shall pay a default
charge for its delay period to Company on the date such Equipment is returned to Company. Such
default charge shall be calculated based on the Price List; multiply 1 month rental fee specified in the
Price List by the number of month of delayed period. In such case, such delay period shall be
calculated on a monthly basis but not on pro-rate basis.
1. Customer shall bear the delivery expense based on this Rental Agreement and all other expenses
required for Company to perform its obligations under this Rental Agreement.
2. Customer shall bear the consumption tax and local consumption tax. In the event of increase of such
taxes, Customer shall immediately pay such increased amounts to Company upon request of
3. In the event that Customer delays to perform any of its obligations based on this Rental Agreement,
Customer shall continue to pay 14.6 % annual default interest on such delays until full payment has
been paid by Customer to Company.
In the event of order cancellation by Customer after such order has been confirmed, Customer shall pay
cancellation charge to Company based on the table below.
1. Company shall not assume any liability for any delay or failure to perform its obligations hereunder
due to any cause not within its control including, without limitation, natural disaster, war, civil war,
revision or abolition of laws, order or disposition by public authority, industrial disputes, and accident
2. In case of the preceding clause, Company may alter a whole or part of this Rental Agreement upon
notice to Customer.
In the event of any dispute arising out of this Rental Agreement, the competent court of such dispute
shall be the court having Jurisdiction over the address of the Company’s head office.
This Terms and Conditions for Rental Agreement shall be applied to the agreement entered into by and
between parties hereto on or after January 1st, 2014.
In relation to the Rental Agreement entered into by and between parties hereto, following clauses
regarding personal information shall be applied.
[Purpose of Use of Customer’s Personal Information]
Customer acknowledge that Company make use of all personal information of Customer and
Customer’s contact person for the following purpose (herein after referred to as“ Purpose of Use”) to
the extent necessary to achieve its Purpose of Use.
[Purpose of Use]
(1) To appropriately respond to Customer needs during negotiations on Company’s business such as
rentals or sales of the Equipment and providing a variety of services.
(2) To appropriately identify and screen the Customer in relation to the dealing between Company and
Customer such as rentals and sales of the Equipment and providing a variety of services.
(3) To appropriately manage the Agreement entered into with Customer. Furthermore, to respond to
inquiries and legally required measures even after the termination of this Rental Agreement.
(4) To introduce a variety of Company’s goods and services to Customer by direct mail or e-mail, etc.
(5) To conduct marketing analysis in order to provide better goods and services to Customer.
Customer acknowledges that in case Company subcontracts its operations including, without limitation,
maintenance service, payment and settlement, and transportation to some agents designated by
Company at its own responsibility, Customer shall disclose all or part of Customer’s information or
personal information set forth in the preceding clause to such agents.
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