RENTAL AGREEMENT
This Rental Agreement (hereinafter referred to as “Agreement”) is entered into between __________________ (hereinafter referred to as the “Company”) and _______________ (hereinafter referred to as the “Customer”). Together herein referred to as “parties.”
WHEREAS the parties have willingly agreed to be legally bound by the terms and obligations herein; –
The parties agree that the purpose of this agreement is for the customer to rent the products from the Company.
The renting items will be provided and their respective price list to be listed on the website, and by submitting the order, the customer shall have agreed to the price.
The Item/product must be used according to the manufacturer’s specifications.
There shall be a requirement for the customer to pay the agreed-upon monthly fee as long as they are in possession of the product.
The Company shall outsource all its installation services to third-party contractors. The Company shall therefore not be held responsible for any damages, injuries, or losses that occur due to the installation.
If the Customer wants to stop making the agreed payments, the customer will have to return the products to the company at their own expense.
The address for the return of the products is; –
Fall Prevention Foundation
2501 Michelle CT NE
Rio Rancho, NM 87144
The products should be returned in good working order and in the event the product is returned damaged or missing pieces, the cost for the repair shall be charged to the customer.
In the event the product is not returned as agreed, the customer will pay $350 for each unreturned Independence Pole and $800 for each unreturned Independence Rail.
The Company shall make all the necessary arrangements and plan for the delivery and pick up of the rental item(s) to the Customer.
- Force Majeure.
Neither party shall 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, epidemics, interruptions in telecommunications, or Internet services or network provider services, or any other occurrence beyond our reasonable control.
The Company will issue the customer with reasonable notice of the occurrence of such event or events, and the customer will have the following options; –
- Accept an earlier delivery date; or
- Cancel the Rental, in which event, the Company shall issue a refund.
- Limitations on Liability.
The Customer agrees that under no circumstances should they 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 the company has been advised of the possibility thereof.
All the rentals provided hereunder shall be provided by the company “as is.” The Company makes no express, implied, or statutory warranties, including any warranty of merchantability or fitness for a particular purpose.
- Modification
In case of any modification to the terms of this Agreement, the same shall be binding once the same has been signed by the parties.
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.
The waiver by either of the parties 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.
- Governing law.
The terms in this Agreement shall be governed by, and construed in its entirety by, the laws of _________________.
- 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.
BY CLICKING THIS BOX YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ THIS RENTAL AGREEMENT CAREFULLY, UNDERSTOOD THE CONTENTS, AND WILLINGLY BOUND YOURSELF TO THE TERMS AND CONDITIONS CONTAINED HEREIN.
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