Rental Agreement

RENTAL AGREEMENT

THIS EQUIPMENT LEASE AGREEMENT (“Lease”) is made and effective by  completing the rental & payment process, by and between Outdoor Equipment Unlimited (as Outdoor Equipment Rentals, (“Lessor”) and current user (“Lessee”). By completing an order and submitting payment, Lessee agrees to be bound by this Equipment Lease Agreement and all the Terms and Conditions therein, whether or not Lessee has read them. Lessor may at its sole discretion modify this Equipment Lease Agreement and all the Terms and Conditions therein at any time. By completing an order and submitting payment,, Lessee indicates acceptance of the modified Terms and Conditions. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:

  1. Disclaimer– Every effort is made to assure descriptions and prices are correct. Lessor reserves the right to correct errors as needed. All prices and availability are subject to change without notice.
  2. Lease– Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (“Equipment”): shown above in the “Contents” area during checkout.
  3. Shipping
    1. Lessee agrees to pay both outgoing and return shipping charges at the time of the initial transaction, unless parties otherwise agree.
    2. Lessor cannot guarantee a specific time or date for delivery. Any shipping time given by Lessor is only an estimate.
    3. Use, by Lessee, of  return shipping methods other than those arranged for by Lessor is a violation of these terms, and may result in the application of late fees.
  4. Term– The term of this lease shall commence on the date indicated by the Lessee and expire on the date indicated by the Lessee upon submitting the order. The term of this lease shall expire on the expiration of the term of days shown on the order receipt. The Equipment must be return shipped using the agreed upon shipping method on the date indicated as the “To” (end date).
  5. Rent– Rent and a deposit, if applicable, must be paid in advance, in full.
  6. Late Returns– Any penalties will be charged to the Lessee’s form of payment on file with Lessor.
    1. Late returns are determined based on return shipping tracking
    2. Rentals shipped 1-7 days after the end date will be penalized by charging a late fee as follows: 10% of original rental cost before shipping (minimum of $10) + daily rate X number of days late.
    3. If a rental is not shipped within 7 days of the end date the Lessor will consider the equipment stolen and the Lessee’s form of payment will be charged the full replacement value of the Equipment.
    4. If Lessee subsequently returns equipment within 14 days of the end date, the Lessor will refund the full replacement value charge less late fees and a processing fee of 10% of original rental cost before shipping.
    5. Lessor reserves the right to refuse returns and refunds after 14 days.
    6. Lessor reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.
  7. Use– Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinance, and regulations in any way relating to the use or possession of the Equipment.  Lessee will read and abide by all included instructions and notices, including testing, proper use, etc. Any loss or damage incurred while using in a manner that does not follow the preceding will be the responsibility of the Lessee.
  8. Cancellation by Lessor– Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs, and will refund all payments made by Lessee.
  9. Cancellation by Lessee– If Lessee cancels an order prior to 14 days before the start date Lessor will refund all payments made by Lessee. If Lessee cancels an order within 14 days of the start date and before Lessor has turned over equipment to the Shipper, Lessor retain the right to only refund all payments less a cancellation charge of 20% or rental cost before shipping. Lessee cannot cancel an order once Lessor has turned over equipment to the shipper.
  10. Ownership– The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment. Lessor makes no claims to images, video, or sound recordings made by the Lessee while using the Equipment, if applicable.
  11. Damaged or Modified Equipment– Lessee shall keep the Equipment in good repair and condition.
    1. Lessee shall not materially modify or alter the Equipment.
      1. In the event of any material modifications, Lessee will be responsible for all reasonable costs of Lessor in restoring the Equipment to its normal condition.
    2. Lessee assumes and shall bear the entire risk of damage to the Equipment from any cause, except damage in the possession of the Shipper, during the term of the Lease.
      1. Unless pre-existing damage is reported to Lessor within 24 hours after Lessee takes possession of the Equipment, it is assumed any damage to the equipment occurred during the term of the Lease.
      2. If there is a dispute between Lessor and Lessee as to whether damage occurred in possession of the Shipper, the equipment shall be sent to an external repair facility. The opinion of the repair facility, as to the cause of the damage, shall be binding on the parties.
    3. In the event of damage, Lessor shall choose the repair method and venue, within reason.
      1. If Lessor chooses an external venue for repair, Lessee is responsible for the total cost of repair, if commercially reasonable.
      2. Lessor may elect to repair the Equipment in-house. In these cases, Lessee shall be responsible for Lessor’s reasonable expenses for parts and labor.
      3. Lessee’s form of payment shall be charged the amount of repair expenses owed to Lessor. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
  12. Loss of Equipment– Lessee assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease.
    1. Lost or Stolen Equipment – In the event that the Equipment is reported by Lessee to be lost or stolen during the term of the Lease, Lessee is liable to Lessor for the replacement value of the Equipment.
      1. Lessor shall charge Lessee’s form of payment the amount owed for replacement of the lost or stolen Equipment.
      2. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
    2. Unreturned Equipment – If the Equipment is not returned within 14 days of expiration of the term of the Lease, the Lessee shall be liable for the replacement value of the Equipment.
      1. In case of a dispute over whether the Lessee returned the Equipment:
        1. If the tracking information for the return shipping label provided by Lessor does not show that the Equipment has been picked up by Shipper and the Lessee has no drop-off receipt, the Equipment is considered unreturned.
        2. If Lessee used an alternate shipping method, not arranged in advance by the parties, and the Equipment is subsequently lost in transit, the Equipment is considered unreturned.
      2. Lessor shall charge Lessee’s form of payment the amount owed for replacement of the unreturned Equipment.
      3. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
  13. Default– In the event of default, all amounts owed by Lessee to Lessor are immediately due.
    1. In the event of default, Lessee shall be responsible for any reasonable expenses of Lessor in attempting to recover the amount owed from Lessee including collection fees and attorney’s fees.
    2. Lessor reserves the right to pursue all available civil and criminal remedies against lessee, including but not limited to: recovering possession of the equipment, obtaining from Lessee’s form of payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any civil remedies available. These remedies are not exclusive.
  14. Liability– Lessor does not assume, and the customer indemnifies Lessor against any liability or claims resulting from use or malfunction of the equipment. Lessee assumes all liability that may arise from use or failure of the equipment.
  15. Shipping Delays & Malfunctioning Equipment– In the case of a shipping delay or malfunctioning Equipment, Lessor’s only liability to Lessee is a full refund of the rental fees and shipping costs paid by the Lessee. Shipping delays caused by Lessee providing incorrect or incomplete address information are not eligible for refunds of any kind.
  16. Taxes or Duties– The Lessee agrees to keep the Equipment free of any taxes, duties, liens, or other encumbrances. In the event such are levied against the Equipment, renter agrees to reimburse Lessor in full for those charges.
  17. Severability and Governing Laws– This represents the entire agreement between Lessor and Lessee. If any portion of this agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable. The agreement shall be enforced according to the laws of the State of New York
  18. Specific Proposal Terms – Any terms listed on a formal proposal supersede relevant terms indicated above (deposits, cancellations, late fees, etc).