By entering into the Rental Agreement, you (the “Renter”) agree to rent the equipment as specified in the invoice (the “Equipment”) issued by BoxUp, LLC (the “Owner”) to the Renter (the “Invoice”) according to these terms and conditions:
Rental Period: The term of this Rental Agreement begins from the date and time the Equipment is delivered to the Renter to the date and time the Equipment is picked up by the Owner (the “Rental Term”). The pickup and delivery locations will be set forth in the Invoice unless both the Owner and the Renter agree otherwise.
The Owner warrants to Renter that the Equipment when delivered to Renter is in good operating condition and free of damages, including dents, marks, and holes, but excluding minor scratches. Defects or discrepancies in Equipment must be reported to the Owner within 24 hours after Renter receives the Equipment. If the Renter fails to inform the Owner in such time, the Equipment shall be deemed to be received by Renter in good condition and Owner shall not be responsible for any damages to the Equipment during the Rental Term. If any Equipment is determined to be defective, the Owner’s sole liability and the customers’ sole and exclusive remedy shall be for the Owner to replace any such defective Equipment with non-defective Equipment, at no additional cost to the Renter, as soon as practicable. The Owner makes no warranty expressed or implied that the Equipment is fit for any particular purpose.
Owner shall not be responsible for any loss or damage to Renter’s business or property or for injury or death to persons resulting or arising from the operation, use, possession, or transportation of Equipment. Renter shall indemnify, defend and hold harmless Owner, its owners, directors, officers, employees and agents from any claims, and resulting damages and losses and expenses, including associated legal fees and expenses arising from Renter’s breach of this Rental Agreement, or Renter’s willful misconduct or negligence in connection with this Rental Agreement. In no event will Owner be responsible for lost profits, or any special, incidental or consequential damages in connection with this Rental Agreement. The maximum liability of the Owner, its owners, directors, officers, employees and agents to Renter or any third party in any circumstance is limited to the amount of fees the Renter paid Owner in connection with this Agreement. This paragraph shall survive the expiration or termination of the Rental Agreement.
Renter shall pay Owner for the rental of the Equipment the sum or sums specified in the Invoice. In addition, Renter acknowledges that he/she shall be liable to pay to the Owner any applicable additional charges which include, but are not limited to:
(a) Charges for cleaning Equipment if it is returned in an excessively dirty condition that requires extraordinary cleaning. This includes, but is not limited to, adhesive labels, spillage of fluids, food, pen marks, other stains, and unpleasant odors. The charge for excessively dirty equipment is $3 per Equipment.
(b) Charges for rescheduling within 24 hours or no-show. A charge of $25 may be assessed if Renter does not give 24 hour prior notice to reschedule or cancel a delivery or pick-up or if Renter is not present at the delivery or pickup location at the time of delivery or pickup.
(c) Charges for replacement of lost, unreturned or damaged Equipment due to excessive wear and tear, mishandling or improper use. Equipment is deemed unreturned under this provision if not returned within 28 days after the pick-up date specified in the Invoice or the rental extension pick-up date if applicable. The replacement cost excluding sales tax per Equipment is as follows: Crate ($29); Hand Truck ($399); Crate Dolly ($69); Micro Dolly ($69); Wardrobe Box ($69); Garment Bag ($59); Linen Stuff Sack ($29); Dish Dividers ($39); and Glass Dividers ($39).
(d) Charges for Rental Extension. Renter may extend the Rental Term by up to two weeks so long as the Renter notifies Owner in writing of his/her intent to extend the rental period within 48 hours prior to the pick-up date indicated on the Invoice. Owner is under no obligation to grant extension and any extension will be solely at Owner’s option. The rental charge excluding sales tax per week per Equipment is as follows: Crate ($1.25); Hand Truck ($6.99); Crate Dolly ($5.99); Micro Dolly ($5.99); Wardrobe Box ($5.99); Garment Bag ($2.99); Linen Stuff Sack ($2.99); Dish Dividers ($3.99); and Dish Dividers ($3.99).
(e) Charges for Late Returns. Any Equipment not returned by the initial pick-up date or the rental extension pick-up date if applicable will be billed at a daily rate as follows: Crate ($0.39); Hand Truck ($4.99); Crate Dolly ($1.99); Micro Dolly ($1.99); Wardrobe Box ($1.99); Garment Bag ($0.99); Linen Stuff Sack ($0.99); Dish Dividers ($0.99); and Glass Dividers ($0.99). Rental charges cease on the day Equipment is picked up by Owner or when the Equipment is deemed to be not returned, which is 28 days after the initial pick up date specified in the Invoice or the rental extension pick-up date if applicable.
Renter acknowledges his/her credit card will be kept on file for the duration of the Rental Agreement. Renter acknowledges and authorizes Owner to charge any permitted amount according to the above stated terms and conditions.
Equipment is, and shall at all times, remain sole and exclusive property of Box Up Rental, LLC.
Renter may not assign or transfer any rights, duties, or obligations herein without the prior written consent of Owner, and any purported attempt to do so shall be null and void.
Loss or Damage:
Renter shall not abuse, harm, or misuse the equipment. Upon receipt of the Equipment until it is returned to the Owner, Renter assumes and shall bear the entire risk of loss, theft, destruction, or damage of or to any part of Equipment from any cause whatsoever.
Renter shall not make any alterations, additions, modifications, or improvements to the equipment. Renter agrees to keep the Equipment solely in his/her custody and not to sublease, rent, assign, gift, lend or sell Equipment to anyone.
The occurrence of any of the following events shall constitute a default under this Rental Agreement: (a) Renter’s failure to make a required payment when due; (b) Renter breaches any term or condition of this Rental Agreement (c) Renter files for insolvency or bankruptcy. If Renter is in default under this Rental Agreement, Owner may retake the Equipment as provided by law, deduct the costs of recovery (including reasonable attorneys’ fees and costs), repair and related costs and terminate all or part of this Rental Agreement.
This Rental Agreement and any amendments constitutes the entire agreement between Owner and Renter with respect to the subject matter hereof. If any part of this Rental Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of that part will not effect the validity of the rest of this Rental Agreement, which shall remain in full force and effect.
This Rental Agreement shall be governed by the laws of the State of New York, without reference to conflicts of law principles.