The terms and conditions below stated, together with the charges and any other terms on the provided Order Estimate, constitute the legal contract between the Lessee named on the Order Estimate and Radars for Rent, Inc (“Lessor”) for Lessee’s rental of the equipment identified on the Order Estimate (the “Equipment”). The contract is hereafter referred to as “this Agreement.”
Rental Period
The Rental Period shall begin on the date of delivery to Lessee of the Equipment, and shall end on the date of delivery of the Equipment’s return to Lessor. Shipment shall be by public carrier, such as the US Postal Service, United Parcel Service, FedEx or the like. Lessee’s signature shall be required upon delivery and shall be conclusive evidence of delivery date to Lessee.
Rental Charges
Lessee shall pay rental for the entire Rental Period for the Equipment, at the rates therein stipulated. Rental Rates shall not be subject to any deductions on account of any non-working time during the rental period until the day after it is returned by legal delivery by a public carrier to Lessor.
Payment and Security Deposit
Payment shall be made through the credit card entered by Lessee on Lessor’s website, or provided to the Lessor by the Lesee via telephone, when placing Lessee’s order for the Equipment. Lessor shall place an authorization on Lessee’s credit card for the security deposit and charges for shipment of the Equipment to Lessee and its return to Lessor upon acceptance of Lessee’s order.
Rental charges (including, but not limited to, the base rental for minimum number of days, the cost of additional days charged at a per day rate, the cost of any missing accessories upon return charged on a per gadget rate, the cost of any missing packaging upon return charged at a per gadget rate, and the cost of shipping) shall be in accordance with the pricing listed on the Radars for Rent website (http://www.radarsforrent.com/about/additional-pricing) on the date of purchase. These charges will be applied once all Equipment has been examined for working condition and completeness of all accessories and packaging.
The security deposit, paid by Lessee to Lessor to guarantee Lessee’s full and faithful performance of all terms, conditions and provisions of this Agreement, shall be the sum of the full manufacturer’s retail cost of the Equipment, rounded up to the nearest dollar, plus an additional $50.
Should the Equipment not be returned to Lessor by the date indicated by Lessee during the checkout process, Lessor shall charge a fee of the daily rate for the Equipment plus $10.00 per day until and including the date the Equipment has been returned to the Lessor.
No charges shall be made for late Equipment on the part of the postal carrier.
Fees, Assessments and Taxes Paid by Lessee
Lessee shall pay all license fees, assessments, and sales, use, property, excise, and other taxes imposed on, and relating to Lessee’s use or possession of the Equipment.
Maintenance and Operation
Lessee shall not remove, alter, disfigure or cover up any numbering, lettering, or insignia displayed upon the Equipment, and shall see that the Equipment is not subjected to careless, unusual or needlessly rough usage. Should the Equipment be returned to Lessor needing cosmetic repair of any kind (other than ordinary wear and tear expected from normal usage), as determined by Lessor in its sole discretion, Lessee shall be assessed a $50.00 charge for same, or, if the Equipment is returned inoperable or unusable, as determined by Lessor in its sole discretion, Lessee shall be charged the full amount of the original security deposit for replacement.
Disclaimer of Warranties
LESSOR, BEING NEITHER THE MANUFACTURER, NOR A SUPPLIER, NOR A DEALER IN THE EQUIPMENT, MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, OR CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR SPECIAL METHODS. LESSOR FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO LESSEE OR THIRD PARTIES OR PROPERTY DAMAGE AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE IN, OR INEFFICIENCIES OF, THE EQUIPMENT OR ANY LEGAL OR FINANCIAL CONSEQUENCES TO LESSEE AS A RESULT OF LESSEE’S POSSESSION OR OPERATION OF THE EQUIPMENT. LESSEE LEASES THE EQUIPMENT “AS IS.” LESSOR SHALL NOT BE LIABLE IN ANY EVENT TO LESSEE FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OF CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, THE EQUIPMENT OR ACCIDENTAL BREAKAGE THEREOF.
Indemnity
Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorneys fees, arising out of, connected with, or resulting from this Agreement, including without limitation, the manufacture, selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the Equipment. Lessee shall further indemnify Lessor, and hold Lessor harmless from all loss and damage to the Equipment during the rental period. Lessee recognizes and agrees that included in this indemnity clause, but not by way of limitation, is Lessee’s assumption of any and all liability for injury, disability and death of Lessee and other persons or property damage caused by the operation, use, handling, or transportation of the Equipment or any vehicle in which the Equipment is used or transported until its return delivery to Lessor.
Risk of Loss
Lessee is encouraged to obtain appropriate insurance against the risks assumed by Lessee under this Agreement. Lessee and its insurers waive all rights of subrogation against Lessor for any losses incurred as a result of such assumed risks.
Lessee’s Representations
Lessee represents and warrants to Lessor that Lessee has made inquiry into the laws, rules and regulations of the locations where Lessee intends to possess and use the Equipment and that Lessee will abide by same.
Inspection: Conclusive Presumptions
Lessee shall inspect the Equipment within 24 hours after receipt thereof. Unless Lessee within said period of time gives written notice to Lessor, specifying any defect in or other proper objection to the Equipment, and returns the Equipment to Lessor in the manner specified, Lessee agrees that it shall be conclusively presumed, as between Lessor and Lessee, that Lessee has fully inspected and acknowledged that the Equipment is in full compliance with the terms of this Agreement, in good condition and repair, and that Lessee is satisfied with and has accepted the Equipment in such good condition and repair.
Ownership
Lessor shall at all times retain ownership of and title to the Equipment. Lessee shall give Lessor immediate notice in the event that the Equipment has been levied upon or is about to become liable or is threatened with seizure, and Lessee shall indemnify Lessor against all loss and damages caused by such action.
Default: Remedies
If (a) Lessee shall default in the payment of any rent or in making any other payment hereunder when due, or (b) Lessee shall default in the payment when due of any indebtedness of Lessee to Lessor arising independently of this Agreement, or© Lessee shall default in the performance of any other covenant herein and such default shall continue for five days after written notice hereof to Lessee by Lessor, or (d) Lessee becomes insolvent or makes an assignment for the benefit or creditors, or (e) Lessee applies for or consents to the appointment of a receiver, trustee, or liquidator of all or a substantial part of the assets of Lessee under the Bankruptcy Act, or any amendment thereto (including, without limitation, a petition for reorganization, arrangement, or extension) or under any other insolvency law or law providing for the relief of debtors, then, if and to the extent permitted by applicable law, Lessor shall have the right to exercise any one or more of the following remedies.
a) To declare the entire amount of rent hereunder immediately due and payable, without notice or demand to Lessee.
b) To sue for and recover all rents, and other payments, then accrued or thereafter accruing, with respect to the Equipment.
c) To take possession of the Equipment without demand, notice, or legal process, wherever it may be located. Lessee hereby waives any and all damages occasioned by such taking of possession. Any said taking of possession shall not constitute a termination of this Agreement unless Lessor expressly so notifies Lessee in writing.
d) To terminate this Agreement.
e) To pursue any other remedy at law or in equity.
Notwithstanding any said repossession, or any other action which Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of Lessee to be performed under this Agreement.
No Subletting or Assignment
No Equipment shall be sublet by Lessee, nor shall Lessee assign or transfer any interest in this Agreement or the Equipment without the prior written consent of Lessor. Lessor may assign this Agreement without notice. Subject to the foregoing, this Agreement inures to the benefit of, and is binding upon, the heirs, successors, and assigns of the parties hereto.
Remedies Cumulative: No Waiver; Severability
All remedies of Lessor hereunder are cumulative and may, to the extent permitted by law, be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed to be an election of such remedy or to preclude the exercise of any other remedy. No failure on the part of Lessor to exercise and no delay in exercising, any right or remedy, hereby shall operate as a waiver thereof; nor shall any single or partial exercise by Lessor of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. If any term or provision of this Agreement is found invalid, it shall not affect the validity and enforcement of all remaining terms and provisions hereof.
Expenses
Lessee shall pay Lessor all costs and expenses, including attorneys’ fees, incurred by Lessor in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof.
Entire Agreement
This instrument constitutes the entire agreement between Lessor and Lessee with respect to Lessee’s rental of the Equipment; and it shall not be amended, altered or changed except by a written agreement signed by the parties hereto. By accepting the Equipment, Lessee shall be deemed to have agreed to the terms and conditions herein.
Radars for Rent News ...
So, how do you like the new digs? We’re pretty excited to have a fresh new look to go along with some big changes here at Radars for Rent, and we’d like to know what you think!