Rental Storage Agreement

RENTAL

DESCRIPTION OF EQUIPMENT: The property (“Property”) subject to this Agreement shall be the specific items of equipment listed on the Order Summary of each individual order # provided by ReBow System (“Company”). Upon delivery of the Property by Company at the Customer’s place of business or residence, it is the sole responsibility of Customer to determine that the order is complete and to immediately notify Company, prior to taking delivery, of any discrepancies.

TERM OF RENTAL: The rental will begin on the date of the scheduled delivery as it appears on the “Delivery & Pick Up Details” of this Rental Agreement. The manner by which “delivery” and “return” are to be accomplished are described herein below. Property will be delivered by Company to Customer’s place of business or residence and will be picked up by Company at the end of the rental period. Regardless of the period of rental specified of this Rental Agreement, Company may, by notice to the Customer, cancel the rental agreement at any time during the term of rental if Company deems that the Customer is misusing equipment, the terms of this Agreement are not being adhered to, or Customer has breached this Agreement in any other manner.

DELIVERY: Customer, by signing this agreement, acknowledges that the property has been properly “delivered” when it is in the possession of the customer or any agent of the customer. Company shall be responsible for delivering the equipment to the Customer’s place of business or residence on the scheduled delivery date in good working condition. The delivery rate allows for one man and a total of 30 (thirty) minutes on site for 50 (fifty) boxes during business hours (8:00 am-4:00 pm PST). If delivery or pickup cannot be completed in the agreed time frame due to circumstances unforeseen by Company or Customer, Customer shall be charged $45.00 per additional 30 (thirty) minutes during business hours (8:00 am-4:00 pm PST), $65.00 before or after normal business hours. Additional rates shall apply for orders exceeding 50 (fifty) boxes.

RETURN: The property shall be deemed “returned” to Company when it has been picked up by Company in good working condition. “Good working condition” includes but is not limited to; returning the equipment cleaned of any debris, dirt, or foreign items not included when units were delivered, no visible damage to the structure of the equipment, and all moving parts in proper working condition.” Equipment that has been damaged or destroyed while in the possession of the Customer or an agent of the Customer shall not be deemed to have been “returned” to Company until such time as Company has received full replacement value from the Customer, including payment of any unpaid and or continuing rental charges. Likewise, equipment that has been lost, stolen or seized by a governmental agency while in the possession of the Customer or an agent of the Customer (including, but not limited to, drayage houses, storage facilities and/or hotel concierge desks) shall not be deemed to have been “returned” to Company until Company has received full replacement value from the Customer or the Customer’s insurer, including payment of any continuing rental charges, or the equipment has been released by the governmental agency or third party and is in the physical possession of Company, in an undamaged condition.

TERMS & CONDITIONS:

  • Equipment shall not to be used for purposes including, but not limited to; trash bins, to transport hazardous material, or to transport furniture or appliances
  • Replacement cost for non-returned or damaged ReBow box is $35.00 per box.
  • Replacement cost for non-returned or damaged ReBow dolly is $40.00 per dolly.
  • Boxes that require deep cleaning due to Customer’s failure to return the box in good working condition, shall be subject to a charge of $5.00 per box.
  • Failure to return rented equipment on time shall be subject to additional rental charges at the extended rental rate as it appears on page 1 of this Rental Agreement.
  • Any Delivery or Pickup that is missed, cancelled, or delivered to the wrong address due to Customer’s fault on the given day of the scheduled delivery is subject to a $45.00 fee.
  • All delivery and pickups are considered curbside unless specified otherwise, additional fees may apply.
  • Upon delivery & pickup, someone 18 years or older must accept and sign for the order.
  • Customer is responsible for payment of all applicable sales/rental taxes on equipment, which will be detailed in the invoice provided by Company.

PAYMENT TERMS: Payment is due at the time an order is placed with Company. Rental extensions will be charged automatically to the credit card provided for original payment and is calculated based on the Equipment pick-up date and time. Customer acknowledges that their credit card will be kept on file for the duration of the rental agreement. Customer acknowledges and authorizes Company to charge the amounts associated with the above stated terms & conditions to the provided credit card on file.

STORAGE

1. TERMS AND CONDITIONS: These Terms and Conditions are an integral part of the ReBow Order Form and Storage Agreement to which these Terms and Conditions are attached (collectively, the “Agreement”). In this Agreement, ReBow System, is referred to as “ReBow” or the “Company”, and the depositor is referred to as “you” or the “Customer”. This Agreement is the complete and full understanding between you and ReBow regarding the Services you have ordered pursuant to the Agreement. Any other terms, conditions, warranties, guarantees, undertakings, understandings or representations whether express or implied by statute (insofar as such statute permits), common law or otherwise or arising from conduct or a previous course of dealing or trade custom or usage are hereby excluded from this Agreement. No variation of this Agreement is binding on the Company unless agreed to in writing and signed by an authorized officer of the Company. To the extent of any conflict between the terms of the Order Form and Storage Agreement and these Terms and Conditions, these Terms and Conditions shall be controlling.

2. OWNERSHIP OF GOODS: Customer has represented to the Company that the Customer has the lawful possession of and legal right and authority to store all of the property herein described, in accordance with the provisions, limitations, terms and conditions herein set forth; and if there be any litigation concerning the property, the Customer agrees to pay all attorney's fees, which this Company may reasonably incur or become liable, to pay in connection therewith. This Company shall have a lien on said property for all storage and other charges and for such costs and expenses.

3. TERMS OF PAYMENT: Payments for storage and other services provided by Company, as indicated on the Storage Ordre, are due and payable upon the date of each succeeding month thereafter, and where goods are allowed to remain in storage for a fraction of a month, a full month’s storage will be charged. An interest charge at the legal rate of interest in this state, will be assessed on the entire unpaid balance of the account if storage charges remain unpaid. The Customer further agrees to pay any applicable fees and charges as specified in this Agreement or on the ReBow Website, which fees and charges are subject to change at any time. Customer acknowledges that there shall be no refunds or credits provided to Customer, except as expressly set forth in this Agreement. If the Customer pays by credit card, the Customer hereby authorizes ReBow to charge Customer’s credit card in accordance with the payment plan selected by the Customer. In the event that a Customer’s payment cannot be authorized all charges associated with this Agreement must be paid in full in order to receive stored goods before the time of their delivery, plus any applicable late fees and charges.

4. SERVICES:

(a) Services required of this Company are limited to: (i) delivery of ReBow Boxes and ReBow Dollies (referred to as “ReBow Equipment”) to Customer’s residence on the scheduled delivery date, specified in the Storage Order; (ii) Pick up of packed ReBow Equipment at Customer’s residence on the scheduled pick up date, specified in the Storage Order; (iii) delivery of packed ReBow Equipment at Customer’s residence on the scheduled delivery date, specified in the Storage Order; (iiii) Pick up of empty ReBow Equipment at Customer’s residence on the scheduled pick up date, specified in the Storage Order.

(b) ReBow Equipment: At Customer’s request, Company will deliver reusable & stackable ReBow Boxes as well as Nestable ReBow Dollies to customer’s residence for packing of goods.

(c) Delivery of Empty ReBow Equipment: Company shall be responsible for delivering the ReBow Equipment at the Customer’s place of residence on the scheduled delivery date, specified in the Storage Order, in good working condition. Company will provide Customer with a two (2) hour window of time during the delivery week. Upon delivery, Company representative will verify Customer’s identification by asking to provide an acceptable form of picture identification. It is the sole responsibility of Customer to determine that the order is complete and to immediately notify Company, prior to taking delivery, of any discrepancies.

(d) Pick Up of Packed ReBow Equipment: Company shall be responsible for picking up the ReBow Equipment containing Customer’s goods at the Customer’s place of residence or business on the scheduled pick up date, specified in the Storage Order. Company will provide Customer with a two (2) hour window of time during the pick up week. Before accepting and transporting ReBow Equipment containing Customer’s goods to Company’s secured storage facility, Company representative will verify Customer’s identification by asking to produce an acceptable form of picture identification. Company, under no circumstance, is responsible for packing or re-packing improperly packed goods of the Customer. In the event that Customer is unable to be present during the two (2) hour window or if the pick up location changes, the Customer must provide notice to ReBow 12 hours prior to the scheduled pick up date. Failure to provide timely notice will result in a charge to Customer of Company’s prevailing fee of forty-five dollars ($45.00) for pick ups outside of the scheduled pick up date.

(e) Delivery of Packed ReBow Equipment: Company shall be responsible for delivering the ReBow Equipment containing Customer’s goods at the Customer’s place of residence on the scheduled delivery date, specified in the Storage Order. Company will provide Customer with a two (2) hour window of time during the delivery week. Before releasing ReBow Equipment containing Customer’s goods, Company representative will verify Customer’s identification by asking to produce an acceptable form of picture identification. It is the sole responsibility of Customer to determine that the order has been returned in proper condition and to immediately notify Company, prior to taking delivery, of any discrepancies.

(f) Pickup of Empty ReBow Equipment: Company shall be responsible for picking up the ReBow Equipment, which has been emptied of Customer’s goods, at the Customer’s place of residence on the scheduled pick up date, specified in the Storage Order. Company will provide Customer with a two (2) hour window of time during the pick up week. Furthermore, Company representative will inspect and determine if the ReBow Equipment has been returned in good working condition. “Good working condition” includes but is not limited to; returning the equipment cleaned of any debris, dirt, or foreign items not included when units were delivered, no visible damage to the structure of the equipment, and all moving parts in proper working condition.” ReBow Equipment that has been damaged or destroyed while in the possession of the Customer or an agent of the Customer shall not be deemed to have been “returned” to Company until such time as Company has received full replacement value from the Customer, including payment of any unpaid and or continuing storage charges. Likewise, ReBow Equipment that has been lost, stolen or seized by a governmental agency while in the possession of the Customer or an agent of the Customer (including, but not limited to, drayage houses, storage facilities and/or hotel concierge desks) shall not be deemed to have been “returned” to Company until Company has received full replacement value from the Customer or the Customer’s insurer, including payment of any continuing storage charges, or the equipment has been released by the governmental agency or third party and is in the physical possession of Company, in an undamaged condition.

5. ADDITIONS TO STORAGE LOT: Any additional goods hereafter delivered by the Customer to the Company for storage as a part of this lot while this receipt is outstanding shall be subject to the terms, limitations and conditions hereof.

6. CORRECTIONS OF ERRORS: Unless notice is given in writing to the Company within fifteen (15) days after either the mailing of this receipt to the Customer or the delivery of this receipt personally to the Customer, this receipt and contract will be deemed to be correct, complete and the terms and conditions accepted.

7. CANCELLATIONS: Cancellations made less than 12 hours in advance will incur a $45 cancellation fee.

8. LIABILITY OF COMPANY:

{a) It is agreed that said property be moved, stored, shipped, forwarded, or otherwise handled at customers risk with respect to damage, loss, or delay caused by extremes of temperature, dampness of atmosphere, fire, acts of God or the public enemy, war, insurrection, strikes, labor troubles, riots, earthquake, nature of property or defect or inherent vice therein, deterioration by time, moths, termites, vermin, rodents, leakage and heat. The Company shall not be liable for damage or injury to electronics, instruments or other appliances in respect to the mechanical functions thereof. The Company shall not be chargeable with knowledge of the contents of containers or the conditions therein. Furthermore, the company shall not be liable for loss or damage to the ReBow Equipment, and for any damaged caused to the Customer’s property or the property of others by the ReBow Equipment while the ReBow Equipment remain in the Customer’s possession, including while the ReBow Equipment are on your driveway or loading dock, or in any hallway or any other common area of the Customer’s residence.

(b) The Company shall not be liable for injury or damage to fragile articles., (articles susceptible to breakage or crushing).

(c) The Company shall be liable only for its failure to use ordinary care and then only upon the basis of Customers declared valuation of the goods. The burden of providing negligence or failure to use the care required law shall be upon the Customer.

9. FULL VALUE PROTECTION OR INSURANCE: Goods are not insured by the Company. If insurance of Full Value Protection is desired the Customer must make a written request, specify the kind of coverage desired and pay the premiums or any additional charges thereon. If the amount of coverage desired and ordered is less than the true value of the property, the Customer becomes a co-insurer or a co-holder of Full Value Protection. Where the value of any one article exceeds $500.00, a specific mention must be made thereof.

10. BUILDING - WATCHMAN: No warranty or representation is made that any of the Company’s depositories are fireproof or that the goods stored therein cannot be destroyed byfire. The Company shall not be required to maintain a watchman.

11. CHANGE OF INFORMATION: Notice of any change of address, phone number, email, or credit card must be given by the Customer to the Company in writing and acknowledged in writing by the Company on the following monthly statement and no notice of any change of information shall be valid or binding against the Company, if given in any other manner, and is hereby expressly understood and agreed that all notices of any nature to the Customer shall be sent to the latest known address as shown on the face of this warehouse receipt until such written notice of change is received by said Company, and acknowledged by it in writing on the following monthly statement.

12. WAREHOUSEMEN’S LIEN: This Company shall have a lien upon any and all property deposited with it by Customer, or on the proceeds thereof in its hand; for all lawful charges for storage and preservation of interest, transportation, labor, wrapping, weighing, coopering and all other charges and expenses in relation to such property, or any part thereof; and also for all reasonable charges and expenses for notice and advertisement of sale and for the sale of the property where default has been made in satisfying this Company's lien. This lien may be enforced by the Company at any time either by public or private sale of the goods with or without a judicial hearing.

13. TIME FOR FILING CLAIMS-ARBITRATION:

(a) The Company shall not be liable for the loss, destruction, or damage to the goods or any part thereof unless a claim in writing therefor is presented to the Company within fifteen (15) days after the delivery of the goods or refusal of demand therefor or within thirty (30) days after written notice of the loss or damage to the goods is made to the Customer at the last known address.

(b) Any dispute or claim arising out of or for the breach of this agreement or in connection with property stored hereunder, whether founded in tort or contract, shall be settled by arbitration under the Arbitration Law of this State and under the rules of the American Arbitration Association, provided, however, that upon any such arbitration, the arbitrator may not vary, modify or disregard the provisions contained herein, including those respecting the declared or agreed valuation of the goods and the limitation of liability of the Company: The award may be entered as a judgment of a court of record in the county where the award is made. The Customer and the Company shall share equally the cost of arbitration. Court costs shall be borne by the losing party.

14. ADDITIONAL FEES:

  • ReBow Equipment shall not to be used for purposes including, but not limited to; trash bins, to transport hazardous material, or to transport furniture or appliances
  • Replacement cost for non-returned or damaged ReBow Box is $35.00 per box.
  • Replacement cost for non-returned or damaged ReBow Dolly is $40.00 per dolly.
  • ReBow Equipment that require deep cleaning due to Customer’s failure to return the box in good working condition, shall be subject to a charge of $5.00 per box.
  • Any delivery or pick up that is missed, cancelled, or delivered to the wrong address due to Customer’s fault on the given day of the scheduled delivery or pick up is subject to a $45.00 fee.

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