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Council Equipment Borrowing |
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Any student
who wishes to borrow Council Equipment listed on the Items
Available page must agree to the
Borrower’s Agreement
below.
To borrow any equipment, the download
and complete the Borrower’s Agreement and Request Form as
a PDF* file, which must be signed prior
to each borrowing period.
New York University School of Medicine Council
Equipment
Borrower’s Agreement |
This agreement extends limited rights for
use of items, hereinafter “equipment” belonging
to the New York University School of Medicine (NYUSoM) Council, hereinafter “Council”,
for whom a steward has been assigned, hereinafter “Lendor”,
to the user, hereinafter “Borrower”, as defined herein.
All equipment shall remain the property of Council. This agreement
outlines a privilege extended to Borrower by Council, which reserves
the rights for revocation at its sole discretion.
User Eligibility
- Council equipment is intended for use at and for events
held by NYUSoM-sponsored clubs recognized by Council.
- Borrower must
be a currently enrolled student at NYUSoM and a member of a club
or student organization recognized by Council
for which
the equipment is being borrowed.
- Borrower shall submit the name
of the club for which he intends to use the item, as well as the
event and the purpose for which
the item is needed.
- Borrowers who wish to use
the equipment for events unrelated to a club or student organization
as defined above may do so
only by
special permission granted by Council, conferred individually
on a case-by-case basis.
Borrowing Procedure
- Borrower shall be eligible as defined herein.
- Borrower shall read
and agree to this Agreement before each use of equipment.
- All communications
between Borrower and Lendor or Council are by electronic mail
to Lendor or to Council President, respectively,
unless otherwise
noted.
- This agreement only provides those rights explicitly
stated herein to Borrower for the borrowing period.
- Non-compliance
of Borrower with any of the terms herein is considered a breach
of contract and may result in penalties.
Borrowing Periods
- Standard borrowing periods are as follows: equipment pick-up
up to 1 calendar day before the date of the specified event and
equipment return up to 1 calendar day following the completion of
the event, for a maximum period of 3 calendar days.
- Extended borrowing periods can be arranged by special permission
granted by Council, conferred individually on a case-by-case basis,
up to a maximum of 1 week. Requests for renewal of borrowing periods
can be granted by special permission in the same manner.
- Equipment shall be returned in a timely manner. Failure to return
the equipment within 7 days of the specified return date shall
result in penalties, including but not limited to suspension
of future
borrowing privileges.
- Equipment not returned within
14 days shall be considered stolen, with penalties for Borrower
as defined herein therefor.
- It is suggested that
requests for borrowing of equipment be made at least 1 week prior
to the pick up date for greater possibility
of availability.
- Neither Council nor Lendor makes any guarantee as to the availability of the equipment even when the item seems available on the borrowing schedule as the equipment may be returned late, malfunctioning, or retained at the discretion of Council or Lendor.
- Use
of equipment and dates and times for
pick-up and return are subject to availability of the equipment
and of Lendor.
Borrower Responsibilities
- Equipment is provided to Borrower “as is”.
It is the responsibility of Borrower to check the functionality
of the equipment. Borrower shall contact Lendor within two hours
of borrowing time if defects are noted. All such notifications are
to be by electronic mail to Lendor. In the case of malfunction during
use, Borrower shall contact Lendor within 8 hours of the malfunction.
- Allowed consumable materials required or desired for use with
equipment (e.g. recording media) are the responsibility of Borrower.
- Any
data stored on equipment may be deleted upon return without notification.
- Borrower is assumed to possess the knowledge required for safe
and correct operation of the equipment and of any supplied accessories
that Borrower uses in conjunction with the borrowed equipment.
User
manuals for the equipment are available and can be requested
from Lendor.
- Borrower shall not use any accessories
not supplied or explicitly approved by Lendor with the equipment
without prior approval
by Council.
- Borrower shall use the equipment
in compliance with all NYUSoM, city, state, national, and international
laws and regulations.
- Borrower shall take due care
to protect the equipment from damage, vandalism, and theft.
- Borrower shall be held liable for all damage resulting from uses
not outlined in this agreement, not specified in the
initial statement of purpose, or not designated in the operating
manual, even if damage
is unintentional or if use would otherwise be deemed
appropriate.
Loss/Damage
- The Borrower shall assume full responsibility for the
replacement of the equipment should it be lost, stolen, or rendered
unusable, as deemed by Council.
- Council shall deem the extent of
the liability of Borrower for lost or stolen equipment at its
sole discretion. Council may deem Borrower
fully responsible for the equipment if it judges that Borrower
was negligent or practiced wanton disregard in caring for the equipment.
- Council
shall hold Borrower financially responsible for replacement or
repair of the equipment in cases of loss, theft, or damage,
at the sole discretion of Council.
- In the case of theft, Borrower
shall perform the following within 48 hours of the theft: (1)
file a report with New York University
School of Medicine Security if the theft occurred on campus,
or with the appropriate police department if the theft occurred
off
campus, and (2) notify Lendor of the event; and shall perform
the following within 30 days of the theft: provide a copy of
the security
or police report to Lendor. Failure to comply with these guidelines
shall result in Borrower’s assuming full liability for
loss of equipment.
- In the cases of loss, theft,
or damage, Borrower may present his case to Council on his
behalf; however, Council shall make
the final
decision on liability.
Limit of Liability
- Council makes no express warranties regarding the functionality
of the equipment, and provides the equipment “as is” without
warranty, including implied, of any kind.
- Neither Council nor Lendor
shall be liable for any loss of data, damage to attached devices,
or injury to Borrower or others resulting
from the equipment, or for any losses, financial or otherwise,
to Borrower or others incurred therefrom, even if use is deemed
appropriate
by the terms of this agreement.
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