Store: Rental Agreement
Rental Program AgreementMany of you have asked about renting our products. You might have a one time job that requires the use of our products, or you might want to simply try before you buy. Running a rental program like this does however require the end user to agree to our Equipment Lease Agreement below. My apologies for rental agreement but is it needed in this day and age to protect both consumer and supplier.
THIS EQUIPMENT LEASE AGREEMENT (this “Lease”) is made by and between Bill Bailey L.L.C., an Arizona limited liability company d/b/a Nodal Ninja (“Lessor” - us), having an office at 3454 N. San Marcos Pl., Ste #C-8, Chandler, Arizona 85225, United States of America, and the current user (“Lessee” - you).
This Lease becomes effective and binding once the item ships from Lessor’s location and becomes binding between Lessor and Lessee. By clicking on the “Confirm Order” button, Lessee agrees to be bound by these Terms and Conditions, whether or not Lessee has read them. Lessor may at its sole discretion modify these Terms and Conditions at any time and any modifications shall become effective immediately as posted on this site. By clicking on the “Confirm Order” button, 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:
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, described equipment in the “Rental Section” of the Nodal Ninja e-Store. Lessor does not lease equipment outside this section. If Lessee as special request for item not listed in the Rental Section of the store please call 480-659-9899. Lease agreement in only extended to USA and Canadian customers at this time.
The term of this Lease shall commence on the calendar day following the first attempt by the parcel carrier to deliver the item, and expires on the day prior to shipping back the rental equipment. The equipment must be returned to Lessor’s office evidenced by a package postmark. on or before the calendar day after the last calendar day of the rental period. In the event the last day is a Saturday, Sunday or postal holiday, a shipping extension to the next working day is granted.
Rental Term selected = 7 days (1 week)
Customer orders rental on Nov 1 (Friday)
Items ships on Nov 4 (Monday)
Customer receives item on Nov 7 (Thursday)
Rental term starts on Nov 8 (Friday)
Rental term ends on Nov 13 (Thursday)
Customer sends back via postmarked package no later than Nov 14 (Friday) which day after last day of rental period. If calendar day after last day of rental term is a Saturday, Sunday or United States postal holiday customer may send via postmarked package no later than Nov 17 (Monday).
In above example it is easy to see that even though an item is only rented for one week it ties up the product for more than two weeks.
Lessee is responsible for all costs, expenses, and handling charges related to shipping the Equipment to Lessee’s premises and back to Lessor. Lessor does not ship on federal holidays, weekends or on Wednesday’s. Lessor will send Lessee an email at the email address Lessee has provided when Equipment is shipped along with tracking information. Lessor will send Lessee an email at the email address Lessee has provided when Equipment rented by Lessee is returned. ALL ITEMS MUST BE SHIPPED WITH DELIVERY CONFIRMATION AND INSURED AT FULL RETAIL VALUE OF ITEM BY LESSEE.
The rent cost for the Equipment shall be paid in advance in full. This will be done by authorizing (not capturing) full retail price of item on lessee’s credit card. The amount actually being charged or captured, per rental period, will be captured within 1-3 business days after items are received back.
Cancellations are made by contacting Lessor via phone (480-659-9899) or by e-mail (email@example.com) and are subject to the following terms:
Cancellation by Lessee before item ships will result in no charge.
Cancellation by Lessee after items ships but before first attempt of delivery will result in three (3) day rental charge, plus any and all costs associated with shipping and handling.
Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all international, national, state, municipal, and other applicable laws, ordinances and regulations in any way relating to the possession, use, or maintenance of the Equipment.
7. Right to Lease.
Lessor warrants that Lessor has the right to lease the Equipment, as provided in this Lease.
8. Order Acceptance Policy.
Your receipt of an electronic or other form of order confirmation does not signify Lessor’s acceptance of Lessee’s order, nor does it constitute confirmation of Lessor’s offer to rent. Nodal Ninja reserves the right at any time after receipt of Lessee’s order to accept or decline Lessee’s order.
The Equipment is, and shall at all times be and remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.
Lessor shall provide the Equipment in good condition and working order. Lessee shall not in any way repair or materially alter the physical or otherwise makeup of the Equipment.
11. Lost, Damaged, or Unreturned Equipment.
Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause, including but not limited to any and all costs and charges relating to shipping and handling. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease which shall continue in full force and effect through the term of this Lease.
In the event of damage of any kind to the Equipment, Lessee agrees to allow Lessor to charge Lessee’s credit card for the full cost of repair of said damaged Equipment. Lessor expressly reserves the right to choose the repair method and venue, within reasonable market value terms. Most repairs can be done in house without having to send items to manufacturer in Asia. Lessee and Lessor agree to be bound, legally and otherwise, by the report of Lessor’s chosen repair venue as to the cause of the damage to the Equipment.
In the unlikely event that the Equipment appears damaged when Lessee receives Equipment via shipment contractor (i.e. UPS or USPS), Lessee must notify Lessor immediately within three hours of receiving the shipment. Lessor will then determine best course of action. So as to file insurance claim lessee agrees to keep all packing material if items are received in a damaged state and to also notify local carrier immediately of receipt of damaged goods.
Equipment is deemed to be “lost” or “unreturned” when Lessee has failed to ship rented Equipment to Lessor within seven (7) days of expiration of Term without prior notice. If items goes beyond original rental term rates will automatically fall into next level rental rate to include the $25 later fee. Example: Lessee rents an item at daily rate and then decides to keep item longer so will default into weekly rate which will fall to 30 day rate. To avoid $25 late fee Lessor MUST have prior approval from Nodal Ninja before extending original term.
If items are not returned after a thirty seven (37) days the full retail amount will be captured including a $25 late fee on Lessees credit card.
12. Out-of-Stock Products and Multiple Product Orders.
Lessor will ship product as it becomes available. There may be times when the product Lessee ordered is out-of-stock or held up by previous renter which will delay fulfilling Lessee’s order. Lessor makes no guarantees as to availability of Equipment. Any estimate of availability provided by Lessor is based on the assumption that each Nodal Ninja customer returns Equipment within prescribed term period. Lessor will keep Lessee informed of any products that Lessee has ordered that are out-of-stock and unavailable for immediate shipment. Lessee may cancel the order at any time prior to shipping.
Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering the Equipment at Lessee’s cost and expense via the shipping method of Lessor’s choice. Ordinary wear and tear is to be determined at the discretion of the Lessor within the confines of the reasonably common and ordinary meanings of those terms. Lessee will be responsible for proper packaging of the return shipment using shipping and packaging materials as provided by Lessor in the order shipment.
Lessor’s acceptance of the Equipment upon return by Lessee shall not represent Lessor’s determination as to condition of Equipment upon return. Lessor reserves the right to accept Equipment upon return by Lessee and make determinations regarding the condition of the Equipment within a reasonable amount of time. Lessor’s determination as to the condition of the Equipment upon return by Lessee is binding under this Section and Section 11 (“Lost, Damaged, or Unreturned Equipment.”).
Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee, or Lessor at Lessee’s expense, shall report, pay and discharge when due all license and registration fees, assessments, sales, use and property taxes, gross receipts, taxes arising out of receipts from use or operation of the Equipment, and other taxes, fees and governmental charges similar or dissimilar to the foregoing, together with any penalties or interest thereon, imposed by any state, federal or local government or any agency, or department thereof, upon the Equipment or the purchase, use, operation or leasing of the Equipment or otherwise in any manner with respect thereto and whether or not the same shall be assessed against or in the name of Lessor or Lessee. Lessee shall reimburse Lessor for any damages or expenses resulting from such failure to pay or discharge. An example might be item being shipped to Canada and Lessee refusing to pay import duties. These import duties are charged back to shipper (Lessor) regardless forcing charge back to Lessee.
15. Limitation of Liability.
THE CONTENTS OF THE NODALNINJA.COM WEBSITE AND THE EQUIPMENT LESSOR DELIVERS ARE PROVIDED “AS IS.” LESSOR MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT EQUIPMENT’S ACCURACY OR FUNCTIONALITY. LESSOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE NODALNINJA.COM WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE NODALNINJA.COM WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE BORROWLENSES.COM WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE NODALNINJA.COM WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, LESSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE EQUIPMENT LESSOR DELIVERS, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, LESSOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE NODALNINJA.COM WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IN NO EVENT SHALL NODALNINJA.COM BE LIABLE TO LESSEE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY EQUIPMENT OR THE INFORMATION ON LESSOR’S WEBSITE. WHILE LESSOR WILL MAKE A REASONABLE EFFORT TO RETURN ANY NON-LESSOR PROPERTY IT RECEIVES, LESSOR WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.
Lessee shall indemnify and save harmless Lessor, its managers, members, employees, agents, and each of them, against any and all claims, loss, damage, expense and penalty, including reasonable attorneys fees, arising from, related to, or connected with any action on account of any injury to person or property of any character occasioned by the operation, handling or transportation of the leased Equipment during the Term or while the Equipment is in the possession or control of Lessee.
The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance of rent by Lessor does not waive Lessor’s right to enforce any provisions of this Agreement.
If Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept or performed by Lessee, 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 immediately take possession of Equipment without notice or demand to Lessee.
C. To sue for and recover all rents, and other payments, including lost rental income, then accrued or thereafter accruing.
D. To terminate this Lease.
E. To pursue any other remedy at law or in equity.
Notwithstanding any repossession or any other action which Lessor may take, Lessee shall be and remain liable for full performance of all obligations to be performed under this Lease. All of Lessor’s remedies are cumulative, and may be exercised concurrently or separately.
20. Bankruptcy or Insolvency.
Neither this Lease nor any interest therein is assignable or transferable by operation of law. If any proceeding under any applicable bankruptcy or insolvency law, as amended, is commenced by or against the Lessee, or if the Lessee is adjudged insolvent, or if Lessee makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on the Equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Lessee is a party with authority to take possession or control of the Equipment, Lessor shall have and may exercise any one or more of the remedies set forth in Section 12 (“Surrender.”) above; and this Lease shall, at the option of the Lessor, without notice, immediately terminate and shall not be treated as an asset of Lessee after the exercise of said option.
21. Claims of Copyright Infringement.
It is the policy of Lessor to respect the intellectual property rights of others. Lessor does not promote, foster, or condone the copying of photographs or any other infringing activity.
22. Typographical Errors.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Lessor shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Lessor shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Lessee’s credit card charged. If Lessee’s credit card has already been charged for the purchase and Lessee’s order is canceled, Lessor shall immediately issue a credit to Lessee’s credit card account in the amount of the incorrect price.
23. Entire Agreement.
This instrument constitutes the ENTIRE AGREEMENT between the parties on the subject matter hereof and, except as otherwise provided herein, it shall not be amended, altered or changed except by a further writing signed by the parties hereto. If any portion of the agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable.
Lessee shall not assign this Lease or its interest in the Equipment without the prior written consent of Lessor, which may withheld in Lessor’s sole and absolute discretion.
25. Applicable Law and Venue.
This Agreement shall be deemed to have been negotiated and executed in the State of Arizona, of the United States of America, and the construction, performance, and completion of this Agreement shall be governed exclusively by the laws of the State of Arizona, of the United States of America. Any and all proceedings of any kind, including litigation, arbitration, or mediation, shall take place within Maricopa County, Arizona, United States of America. The parties respectively consent and submit to the exclusive jurisdiction and venue of any local, state or federal court located within Maricopa County, Arizona, United States of America. Service of process shall be effective upon a party by notice pursuant to one of the methods set forth in this Lease.
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Nodal Ninja®, 3454 N. San Marcos Pl. Ste 9, Chandler, Arizona, 85225 USA
Customer Service ph: 480-659-9899 / fax: 480-452-0452 Hours: M-T-TH-F 8am-12pm
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