GREEN-PACKER, LLC: RENTAL AGREEMENT
This Rental Agreement applies to Your rental of our Green-Packer, LLC Boxes, Dollies, and Hand Carts. References to “You” or “Your” means the customer renting the Equipment. References to the “Equipment” means the Green-Packer, LLC Boxes, Dollies, and Hand Carts, all accessories and additions thereto, and all replacements and renewals thereof that Green-Packer, LLC has agreed to rent to You. Any references to the “Rental Period” means the time span commencing when the Equipment is delivered to You and ending when the Equipment is returned to and accepted by Green-Packer, LLC. By accepting delivery of the Equipment from Green-Packer, LLC, You agree to the terms set forth in this Rental Agreement.
1. DELIVERY AND PICKUP: Green-Packer, LLC shall deliver the Equipment to You, in fully Serviceable condition, to the address specified by You in the online Rental Form. You grant Green-Packer, LLC the right to enter the property at the delivery address to drop off Equipment during the specified time frame. You also grant Green-Packer, LLC the right to enter the property at the pickup address to pickup Equipment during the specified time frame. You shall only release the Equipment to a Green- Packer, LLC employee.
2. EQUIPMENT CONDITION: It is your responsibility to check the Equipment against delivery invoices and notify Green-Packer, LLC of any shortage or damage within 24 hours of delivery. In the absence of any such notification, You will be deemed to be satisfied with the quantity and condition of the Equipment, and that it is suitable for the purpose required.
3. DELIVERY FEE: You acknowledge that You will be responsible for any applicable delivery charges.
4. PAYMENT: You acknowledge that Full payment for Your use of the Equipment during the Rental Period and any delivery charges are required upon placing the order. In circumstances when full payment is not made at the time the order is placed, full payment is required no later than upon delivery of the Equipment to You.
5. LATE FEE: You acknowledge that You will have the Equipment ready for pickup at the agreed upon time and date. In the event the Equipment is not ready for pickup, there will be additional charges assessed to You. For each additional week, or part thereof, that the equipment is not returned, there will be an additional weekly rental charge as follows: (a) $1.00 per Green-Packer, LLC box; and (b) $5.00 per Green-Packer Dolly. If the Equipment is not returned within 30 days, after the end of the Rental Period, Green-Packer, LLC will assume You wish to purchase the Equipment from Green-Packer, LLC and You will be charged the current full retail value of the Equipment. You will also be charged for all expenses, costs and charges whatsoever incurred by or on behalf of Green-Packer, LLC in ascertaining Your whereabouts or the Equipment or any part thereof or in taking possession of the same. You will also repay Green-Packer, LLC for all costs and charges and expenses incurred by reason of any breach of the Rental Agreement by You.
6. CANCELLATION POLICY: You acknowledge that You have sole responsibility to schedule and be present at appointments for delivery and pickup of the Equipment. If you do not give Green-Packer, LLC at least 24 hours notice to reschedule or cancel Your appointment, You will be charged a cancellation fee of 30% of the total amount of Your order.
7. RISK OF LOSS: You agree to bear full responsibility and liability for the rented Equipment, and to assume all the risks of loss or damage to the Equipment from the time the Equipment is dropped off at drop off address until the time it is returned to Green-Packer, LLC regardless of whether the Equipment is lost or suffers damage which substantially impairs its operation. You agree to pay for any damage or loss of the rented Equipment regardless of how the damage or loss occurs. You further agree to be responsible for any incidental damage or loss of any kind, including, but not limited to gross rental loss during the time the leased Equipment is being repaired or replaced.
8. EXPENSES: You are responsible for all expenses incurred by You with respect to Your use of the Equipment. You acknowledge that Your credit card will be kept on file for the duration of the Rental Period. You acknowledge and authorize Green-Packer, LLC to charge any amount associated with the above stated Rental Terms to Your credit card. You acknowledge that You will be responsible for any payments to Green-Packer, LLC not charged to Your credit card for any reason, including Your credit card being rejected or reaching its maximum balance. All refunds will be debited to the credit or debit card on which the original transaction was processed.
9. NO REPRESENTATION OR WARRANTY WHATSOEVER OF ANY KIND HAS BEEN OR IS GIVEN OR MADE BY OR ON BEHALF OF GREEN-PACKER, LLC IN RELATION TO THE QUALITY OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE AND ALL CONDITIONS OR WARRANTIES WHETHER STATUTORY OR OTHERWISE, WHETHER EXPRESS OR IMPLIED, WHETHER COLLATERAL OR ANTECEDENT HERETO OR OTHERWISE AND WHETHER IN RELATION TO THE FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE OR THE STATE, QUALITY OR CONDITION OF THE EQUIPMENT ON DELIVERY OR AT ANY OTHER TIME ARE HEREBY EXPRESSLY EXCLUDED AND EXTINGUISHED.
10. ALTERATION AND ATTACHMENTS: It is agreed that the rental Equipment is based on You taking the Equipment on an “AS IS” basis. You understand that there is an inherent risk associated with the use of the Equipment and that not all potential situations may be known or anticipated by either Green-Packer or You. Therefore, You agree to assume the entire risk as to the quality and use of the Equipment. GREEN-PACKER,LLC SHALL NOT BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY RESULTING FROM YOUR USE, STORAGE, TRANSPORTATION OR OPERATION OF THE EQUIPMENT.
11. MAINTENANCE: You will keep Equipment protected, repaired and maintained at Your own expense and return it in good condition as received. Ordinary wear and tear is expected.
12. TITLE: You agree to keep the Equipment in Your custody and not to sublease, rent, or sell the Equipment. Equipment will remain in the possession of the You but are the property of Green-Packer, LLC and may be removed any time after the termination of this Rental Agreement.
13. RELEASE OF LIABILITY: Indemnification. I agree to indemnify and hold you, your officers, agents and employees harmless from and against all liabilities, claims, actions, proceedings, damages, losses, cost and expense, including attorneys; fees, for all injuries or death of any person or damage to any property occurring or arising from or connected with directly or indirectly, my possession, use and return of any of the Equipment. You shall be in charge of the Equipment’s operation, and are fully responsible for its operation as well as the return of the Equipment in good working order. Green-Packer, LLC and its officers, employees and agents is/are not responsible for injury occurring to You or to any other persons using the Equipment, and You further agree to hold Green-Packer, LLC and its officers, employees and agents harmless against any injury or property claims. You indemnify Green-Packer, LLC and its officers, employees and agents from/against any cost incurred due to claims from anyone and for attorney’s fees and related costs involving the use and return of the Equipment, should any legal action become necessary.
15. ENTIRE AGREEMENT: The Rental Agreement constitutes the full agreement between Green-Packer, LLC and You. Time is of the essence in this Rental Agreement. The receipt of the Equipment that is subject to this Rental Agreement is in good working order and repair and is so acknowledged by You. You agree this agreement is our entire agreement and may not be changed without our mutual written consent.
16. ATTORNEY FEES AND COLLECTION FEES: In the event that Green-Packer, LLC takes any action, judicial or otherwise, to interpret or enforce any of the terms of this agreement, Green-Packer, LLC shall be entitled to recover all expenses it may reasonably incur in taking such action, including but not limited to attorney’s fees, agency fees, contingent collection fees, expenses and costs, whether incurred in trial court, on appeal, in bankruptcy, or in connection with non-judicial action.