-A DIVISION OF TANDEMLOC, INC.-
EQUIPMENT RENTAL TERMS & CONDITIONS
Each Equipment rental (each “Rental”) between Tandemloc, Inc. (“Tandemloc Rentals”) of 824 Fontana Blvd, Havelock, NC 28532 and the Customer named on the Order Acknowledgement (the “Customer”) is subject to the terms of this Equipment Rental Terms & Conditions ("Agreement"). The parties hereto agree as follows:
RENTAL OF EQUIPMENT SUBJECT TO THIS CONTRACT AND ORDER ACKNOWLEDGEMENT: This Agreement is effective with respect to each Rental as of the date reflected on the respective Order Acknowledgement for such Rental. Each Order Acknowledgment with respect to a Rental by Customer is incorporated into this Agreement by reference. An Order Acknowledgment is delivered by electronic mail to Customer immediately upon the electronic execution of this Agreement and an order by the Customer. In the event of an erroneous Order Acknowledgement, Customer must notify Tandemloc Rentals of such error promptly, and in no event later than (i) Customer's receipt of Equipment pursuant to the order or (ii) the initiation of delivery of the Equipment.
Tandemloc Rentals shall rent to Customer the equipment listed in each Tandemloc Rentals Order Acknowledgement ("Equipment"). Customer agrees to pay rental fees and other amounts as described herein and in the Order Acknowledgment.
RENTAL TERM: The Rental shall begin upon departure of the Equipment from Tandemloc Rental's facilities and shall terminate upon the return of the Equipment to Tandemloc Rentals’ facilities.
CARE AND OPERATION OF EQUIPMENT: The Equipment may only be used and operated in accordance with Tandemloc Rentals’ specifications and shall be at all times under the sole and absolute control of the Customer. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the Equipment, including registration and/or licensing requirements, if any, and order of lawfully constituted authorities. The Customer shall bear all expenses incidental to its possession, use, and operation of the Equipment.
MAINTENANCE & REPAIR: The Customer shall maintain the Equipment in good repair and operating condition. Upon return of the Equipment, if necessary, the Customer shall pay all costs required to return the Equipment to good operating condition, less normal wear and tear. Such costs shall include labor, material, parts, and similar items and may be deducted from the security deposit, if required. Customer's liability for damage to, or failure to return, the Equipment shall not be limited to the amount of the security deposit.
RETURN OF EQUIPMENT: At the end of the rental period, the Customer shall be obligated to return the Equipment to Tandemloc Rentals at the Customer’s expense. Any freight, insurance, or customs charges related to the rented Equipment incurred during or at the end of the rental will be paid by the Customer.
SECURITY DEPOSIT: If required, Customer will remit a security deposit to Tandemloc Rentals, which amount shall be held by Tandemloc Rentals in an account of its choosing. Customer shall have no right or claim on any interest or earnings on such amount. Tandemloc Rentals may set off from the security deposit any amount owed by Customer to Tandemloc Rentals at any time and without prior notice. Tandemloc Rentals will return the balance of any security deposit upon the return of all Equipment and the payment of all amounts due under this Agreement and any Order Acknowledgement.
OPTION TO RENEW: If the Customer is not in default upon the expiration of any Rental, the Customer shall have the option to extend a Rental of Equipment on the same terms as provided in the Order Acknowledgement for additional calendar days. Customer must give notice of renewal at least three business days prior to expiration of the then-current Rental period, and Tandemloc Rentals shall have no obligation to permit a renewal if the Equipment has been reserved by another customer or in the exercise of Tandemloc Rentals' sole discretion.
OPTION TO PURCHASE: Prior to the expiration of this Rental Agreement, if the Customer wishes to purchase the Equipment, the Customer may do so. Half of the rental charge paid by Customer will be credited against the sale of the Equipment. Notice of the intent to purchase must be made three business days prior to expiration of the then-current Rental period. The purchase price shall be the then-current retail price of the Equipment, unless otherwise agreed by Tandemloc Rentals.
ACCEPTANCE OF EQUIPMENT: The Customer shall inspect each item of Equipment delivered pursuant to this Rental. The Customer shall immediately notify Tandemloc Rentals of any discrepancies between such item of Equipment and the description of the Equipment in the order acknowledgment or any defects found with the Equipment. The Customer shall not use the Equipment if any discrepancies or defects are noted until Tandemloc Rentals corrects the defect and both parties agree. If the Customer fails to provide such notice in writing within five (5) day(s) after the delivery of the Equipment, the Customer will be conclusively presumed to have accepted the Equipment as specified in the order acknowledgement. Any subsequent claim that the Equipment was not provided in fully functional order will not be considered.
WARRANTY: Tandemloc Rentals warrant that the Equipment will perform as specified in accordance with Tandemloc specifications. If the Equipment fails to perform after the initial delivery, it will be the responsibility of the Customer to notify Tandemloc Rentals and return the Equipment, and the rental fees shall continue to be due and payable unless otherwise agreed in writing by Tandemloc Rentals. Tandemloc Rentals will not be held responsible for any consequences of Customer’s lack of operational or technical capability.
ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED BY TANDEMLOC RENTALS AND WAIVED BY CUSTOMER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.
LIABILITY AND INDEMNITY: The Customer shall indemnify and hold harmless Tandemloc Rentals, its shareholders, directors, officers, employees, and agents harmless from any and all loss, expense, liability, arising or resulting, in whole or in part, from Customer's use of the Equipment, and shall defend and hold harmless Tandemloc Rentals from any claims for personal injury, property damage, disability, or death caused by the operation, handling of, or transporting of the Equipment during the term of this Rental. The Customer, at the Customer’s expense, shall maintain in effect during the term of any Rental, an insurance policy for general liability and property damage in the minimum amount of one million dollars (US) combined single limit. The insurance shall be placed with a reputable company with an AM Best rating of A superior or better, which is licensed to do business in the State of North Carolina and shall name both Tandemloc, Inc. and the Customer as named insureds.
****The policy or a certificate thereof shall be delivered to Tandemloc Rentals prior to shipment of the Equipment to the Customer.****
RISK OF LOSS OR DAMAGE: The Customer assumes all risks of loss or damage to the Equipment from any cause, and agrees to return it to Tandemloc Rentals in the condition received from Tandemloc Rentals, with the exception of normal wear and tear such as scratches and abrasions. Notwithstanding the foregoing, the Customer bears the risk of loss or harm to the Equipment in transit if Customer arranges for shipment or takes delivery from Tandemloc Rentals' facilities. Tandemloc Rentals or its appointed agent will determine normal wear and tear. If the Equipment is overloaded by the Customer and not used in accordance with Tandemloc specifications causing permanent deformation of the Equipment, structural damage occurs, or the Equipment is not returned to Tandemloc Rentals’ facility for any reason, the full Equipment list (retail) sales price will be due to Tandemloc Rentals in addition to the rental payments and security deposits.
OWNERSHIP AND STATUS OF THE EQUIPMENT: The Equipment will be deemed to be personal property, regardless of the manner in which it may be attached to any other property. Tandemloc Rentals shall be deemed to have retained title to the Equipment at all times, unless Tandemloc Rentals transfers the title by sale. The Customer shall immediately advise Tandemloc Rentals regarding any notice of any claim, levy, lien, or legal process issued against the Equipment. Customer consents and agrees that Tandemloc Rentals may file a Uniform Commercial Code security statement (UCC-1) or other document naming Customer with the Secretary of State or other agency as Tandemloc Rentals deems necessary to protect its security interest in the Equipment. Customer will not sell, pledge, loan, lease, assign or otherwise transfer custody or control of the Equipment to any other person or entity.
TAXES AND FEES: During the term of this Rental, and in the event of a purchase of the Equipment by Customer, the Customer shall pay all applicable taxes on the Equipment.
DEFAULT: The occurrence of any of the following shall constitute default under this Rental:
- Customer's failure to make a required payment when due;
- Customer's violation of any other provision or requirement (other than nonpayment) that is not corrected within ten (10) day(s) after written notice of the violation is given by Tandemloc Rentals to Customer (which may be given by electronic mail at the electronic mail address on file with Tandemloc Rentals and which will conclusively be deemed delivered upon dispatch); or
- The commencement of any insolvency or bankruptcy proceeding involving the Customer; or
- Customer’s property becomes subject to any levy, seizure, assignment, application, or sale for by any creditor or government agency.
RIGHTS ON DEFAULT: If the Customer is in default under this Rental, without further notice or demand on the Customer, Tandemloc Rentals may take possession of the Equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Customer responsible for any deficiency. Tandemloc Rentals shall not be obligated to re-rent the Equipment, or otherwise mitigate the damages from the default, except as required by law.
NOTICE: All notices required or permitted under this Rental shall be deemed delivered when delivered in person, by mail or overnight carrier, or by email to the to the appropriate party shown for that party at the beginning of this Rental Agreement and listed on the Order Acknowledgement.
ASSIGNMENT AND AGENCY: The Customer shall not assign or sublease any interest in this Rental Agreement or the Equipment or permit the Equipment to be used by anyone other than the Customer or the Customer’s employees, without Tandemloc Rentals’ prior written consent. The Customer is not an agent of Tandemloc Rentals.
ENTIRE AGREEMENT AND MODIFICATION: This Agreement and the respective Order Acknowledgement(s) shall be the entire agreement between the parties with respect to each Rental. No modification or amendment of this Agreement shall be effective unless in writing and signed by both parties. This Agreement replaces any and all prior agreements between the parties.
GOVERNING LAW: This contract shall be governed by, and construed in accordance with, the laws of the State of North Carolina. The state and federal courts situated within the Eastern District of North Carolina shall be the exclusive venue for any legal action involving this Agreement.
SEVERABILITY: If any portion of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER: The failure of either party to enforce any provision of this contract shall not be construed as a waiver or limitation of the party’s right to subsequently enforce or compel strict compliance with every provision of this contract.
ELECTRONIC CONSENT: In order to rent Equipment from Tandemloc Rentals via the Internet, Customer must consent to using electronic means to sign and agree to this Agreement, and to receive disclosures, documents, notices, and information from Tandemloc Rentals (including the Order Acknowledgment), and to otherwise engage in transactions with us electronically. If Customer does not wish to provide Customer's electronic consent, Customer should not place an order for Equipment Rental online; instead, Customer should call our toll-free number, 1-800-258-7324, to place an order.
If Customer is a "consumer" (renting the Equipment for personal, family or household use, and not for commercial use), Customer has the right to have this Agreement, and any subsequent disclosures or notices which are required by law to be delivered in writing to Customer, provided or made available to Customer in paper form (i.e. "hard copy"). To obtain a paper copy of this Agreement or any subsequent disclosures or notices, Customer may print them by using the print function on Customer's Internet browser software, or Customer may request a paper copy by sending a letter to Tandemloc Rentals, 824 Fontana Blvd. Havelock, NC 28532 USA containing a clear statement of your request and Customer's full mailing address. Customer will not be charged a fee to obtain a paper copy of this Agreement or subsequent notices or disclosures which are required by law to be delivered in writing to Customer. Customer's consent to receive notices, disclosures, and information in electronic form and to engage in transactions with Tandemloc Rentals electronically will not expire.
If Customer is a consumer, Customer may, at any time, withdraw Customer’s consent to receive in electronic form any subsequent notices or disclosures which Tandemloc Rentals is required by law to deliver in writing to Customer, by sending a letter to Tandemloc Rentals, 824 Fontana Blvd. Havelock, NC 28532 USA containing a clear statement of Customer's revocation of consent and Customer's full mailing address. Any withdrawal of Customer's consent to receive electronic disclosures and notices will be effective only after Tandemloc Rentals has a reasonable period of time to process Customer's withdrawal. Upon withdrawal of Customer's consent, Tandemloc Rentals will provide Customer with a paper copy of any disclosures or notices required by law to be provided in writing to Customer and which are provided after the effective date of Customer's withdrawal. Customer will not be charged a fee to obtain a paper copy of the disclosures and notices. In the event Customer withdraws Customer's consent to receive notices and disclosures in electronic form, Tandemloc Rentals reserves the right to terminate Customer's Rental and Agreement and demand the immediate return of the Equipment.
Customer may update its contact information, including email address, by sending a letter to Tandemloc Rentals, 824 Fontana Blvd. Havelock, NC 28532 USA containing Customer's updated contact information.
To receive communications electronically, Customer must have access to a computer (such as a desktop PC, a laptop, or tablet) with the following hardware and software requirements: a current version of an Internet browser (such as Microsoft Internet Explorer 10), access to the Internet through an Internet Service Provider, and an email address.
You hereby represent, acknowledge, and affirm that you are able to read and print this Agreement using hardware and software that you own or have reasonable access to and reasonably expect to continue to have access to; that you are accepting this Agreement using hardware and software that you own or have reasonable access to; and that your acceptance of this Agreement using electronic means conclusively demonstrates your ability to access and retain information in the electronic form in which we currently make it available to you.
By clicking the box captioned "I accept the Equipment Rental Terms and Conditions available here", you represent that you are at least eighteen (18) years of age, and you agree and affirmatively consent (i) to this Agreement, (ii) to conduct transactions with us by electronic means, (iii) that we may provide to you electronically all disclosures, notices, and other information required by law, as well as all other documents, communications, and information that we may provide to you, (iv) that your action of clicking the box captioned "I accept the terms & conditions", constitutes your electronic signature to this Agreement, and (v) that electronic signatures, electronic records, and electronic documents shall be given full force and effect, as if they were original, hand-executed documents, to the full extent permitted by law.