RENTAL AGREEMENT
This Rental Agreement (hereinafter referred to as “Agreement”) is entered into between
YOU and _______________ (hereinafter referred to as the “US” or “WE”). Together
herein referred to as “parties.”
WHEREAS you have willingly agreed to be legally bound by the terms and conditions,
and by placing an order and accepting the delivery, you agree that you have read,
understand, and accept the terms herein; –
1. Term.
You agree to be bound by the following Terms and obligations for the period selected
on the website.
2. Purpose.
You agree that we shall provide renting services to you.
The renting items we will provide and their respective price list are listed on the website,
and by submitting the order, you agree to the price. You will be automatically charged
monthly or weekly at the interval that you have selected.
You agree not to alter the item/product in any way. The Item/product must be used
according to the manufacturer’s specifications.
3. Payments.
A refundable deposit amount will be listed on each product page if the item rented is
returned in a useable condition.
Members will not pay a deposit, but If the item rented is lost or returned excessively
soiled or damaged beyond use, you will be responsible for the cost of repair or
replacement "up to" the full retail price. You will be responsible for full retail price
replacement if items are returned with cigarette smoke smell/residue.
Payments will be auto-drafted according to your chosen rental plan until the item
rented is returned.
You will indicate the card to be charged in which we will make the deduction of the
payments, damages, or product/item replacement. By submitting the order, you must
always have valid payment information on file and agree to authorize the charges at
the rate and frequency you agreed to, plus taxes and any applicable fees.
If there is any loss or excessive damage beyond use to any of the items in the
rentals, you will lose your deposit and be responsible for the total cost of the
product/item.
Payments are non-refundable within seven (7) days of delivery.
Members must maintain their membership monthly or annually while they have any
rentals.
4. Delivery.
We shall make all the necessary arrangements and plan to deliver and pick up the
rental item(s) to you.
Weekly rentals will have the pick-up arranged at or before the delivery time. Monthly
rentals must arrange the scheduling to pick up within seven days of their next monthly
charge to avoid being charged for the next month.
5. Force Majeure.
We shall not be deemed to be in default of or to have breached any provision of these
terms as a result of any delay, failure in performance, or interruption of Service
resulting directly or indirectly from acts of God, terrorism, insurrection, civil
disturbance, actions of the government in its sovereign capacity, res, epidemics,
interruptions in telecommunications, or Internet services or network provider services,
or any other occurrence beyond our reasonable control.
We will issue you reasonable notice of the occurrence of such event or events, and
you will have the following options; –
i. accept the earlier delivery date; or
ii. cancel the Rental, in which event, we shall issue a refund.
6. Termination.
We retain the right to terminate this Agreement at any time and without reason.
The following reasons may necessitate the termination of this agreement if; –
i. You breach the terms herein.
ii. You fail to make the necessary payments.
iii. You move outside the service area.
7. Limitations on Liability.
You agree that under no circumstances shall we be held liable for any consequential,
incidental, indirect, exemplary, special, or punitive damages, regardless of whether the
claim giving rise to such damages is based upon breach of warranty, breach of contract,
negligence, tort, or other theory of liability, even if we have been advised of the
possibility thereof.
8. Indemnification.
You agree to indemnify, defend, and hold us harmless and our members, managers,
affiliates, employees, contractors, and third-party agents, at your own cost and expense,
from and against any and all liabilities, damages, losses, claims, demands, causes of
action, debts, charges, and expenses, including attorneys’ fees, court costs, and pre-
and post-judgment interest to the extent the same is based upon a claim; –
i. That you have breached any of your representations, warranties, or obligations
hereunder; or
ii. That arises out of your negligence or misconduct; or
iii. Emerging from your actions or failures and/or the third party for any reason
whatsoever.
9. Warranties.
All the rentals provided hereunder shall be provided by us "as is." We make no express,
implied, or statutory warranties, including any warranty of merchantability or fitness for a
particular purpose.
We hereby disclaim any and all other warranties that may be implied from the usage of
trade, course of dealing, or course of performance.
10. Intellectual Property.
You agree that our logo and branding are our intellectual property, and no transfer of
ownership shall be construed from the terms and obligations under this Contract.
You agree and acknowledge that we retain full ownership of the item/product, and you
cannot loan or resell the item/product.
11. Availability.
Due to the unique nature of the items, they may be unavailable for any reasons outside
our control. We, therefore, make no guarantee that a specific piece of item/product will
be available on the rental date. However, we shall use all commercially reasonable
efforts to provide the requested item/product to you or, if an item is unavailable on the
rental date, we will use commercially reasonable efforts to provide a suitable
replacement which, in our sole discretion, is similar, design, style and purpose.
12. Taxes.
You agree to pay any applicable sales and use taxes and any other comparable taxes
which arise from this engagement.
13. Modification
In case of any modification to the terms of this Agreement, the same shall be binding
once you have signed the same.
14. Severability.
Suppose any provision of the Agreement is held by a court of competent jurisdiction to
be void or unenforceable. In that case, such a court may interpret any such provision to
the fullest extent of the law. The remaining provisions shall remain in full force. They will
be read and construed as if the void or unenforceable provisions were initially deleted or
modified as provided by such court.
15. Assignment.
Without our prior written consent, you may not transfer any of your rights and
obligations under this Agreement. The Terms under this Agreement shall bind our
permitted successors and assigns.
16. Waiver.
The waiver by either of us of the breach of any provision of these Terms by the other
shall not operate or be construed as a waiver of any subsequent or other violations by
that other party.
17. Governing law.
The terms in this Agreement shall be governed by, and construed in its entirety by, the
laws of the State of Alabama.
18. Dispute Resolution.
Any suit involving a dispute or matter arising under this Agreement may be referred to
mediation. If it fails, the dispute shall be litigated in a court with proper jurisdiction.
You hereby waive the right to a trial by jury in any proceeding brought by us in
connection with any matter arising out of or in any way connected to this Agreement.
I AGREE AND ACKNOWLEDGE THAT I HAVE READ THIS RENTAL AGREEMENT
CAREFULLY, UNDERSTOOD THE CONTENTS, AND WILLINGLY BOUND MYSELF
TO THE TERMS AND CONDITIONS CONTAINED.
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