By signing this EQUIPMENT RENTAL AGREEMENT (“Agreement”) you (“You”) are agreeing to the terms and conditions regarding your rental of certain equipment (“Equipment”) owned by HELE MOBILITY LLC (“Company”). Please carefully review this Agreement and sign where indicated. The specific equipment to be rented to You is identified on the attached schedule (“Schedule”) and is incorporated into this Agreement.
1. GENERALLY.
1.1 Ownership of Equipment. Company is the true and lawful owner of the Equipment identified on the Schedule and Company agrees to rent the Equipment to You under the terms of this Agreement.
1.2 Term of Rental; Extensions. Your Equipment rental term (“Term”) will start on _____________________ (“Rental Date”) and will end on _______________________ (“Return Date”) at the designated Return/Pick-Up Time (see Sections 3.1 and 3.2). If You would like to extend the Term, please notify Company withing 24 hours prior to your Return Date. All extensions must be confirmed by the Company in writing and applicable Rental Fees are due before the extension Term starts.
1.3 Reservations; No-Shows and Cancellations. Reservations are required for all Equipment rentals. Rental Fees (defined below) are due at the time of reservation. You may cancel your reservation and obtain a full refund of Your Rental Fees paid so long as your cancellation request is received at least 48 hours before the Rental Date. No-Shows and last-minute reservation cancellation requests received within 48 hours of the Rental Date will receive a refund of 50% of the Rental Fees paid.
1.4 Last Minute Reservations. Last-minute reservations made within 24 hours of the Rental Date are subject to a rush fee of $20.00 (“Late Reservation Fee”). In such case, Equipment availability, size, color, and delivery/pick-up scheduling is not guaranteed and is subject to availability.
1.5 Use of Equipment; No Alterations; Maintenance. The Equipment is intended for personal, family, or household purposes only and not for use in any business or for any commercial purpose. All Equipment must be operated in a safe and proper manner by a competent adult and in accordance with manufacturer’s specifications and operating instructions. You may not modify, alter, repair, or otherwise change the Equipment in any manner. If You notice any operational problems with the Equipment, please immediately cease use of the affected Equipment and notify Company for remedial action. Refunds or credits for malfunctioning Equipment will only be considered if Company receives immediate notice and the problem is documented in a timely manner. If Company determines that Equipment maintenance is necessary due to damage or misuse, You are responsible for the cost of any necessary repair/maintenance services, or replacement parts that are needed.
2. PAYMENT TERMS.
2.1 Rental Fees; Late Fees. You agree to pay the rental fees (“Rental Fees”) identified on the attached Schedule, which covers rental of the Equipment during the Term. Changes, upgrades, additions and rental extensions will incur additional Rental Fees and charges. If the rental Term is extended for any reason or if any Equipment is not returned by the Return/Pick-Up Date, You agree to pay the additional daily rental rate for any unreturned Equipment until it is returned to Company, plus a $20.00 (“Late Fee”). Hawaii general excise taxes (GET) at a rate of 4.712% will be added to all amounts due. Such amounts are immediately due and will be charged to your payment method on file. Refunds are not provided for any Equipment reservation that is cancelled on-site or refused on-site or for early termination of the rental Term. Company reserves the right to change all Rental Fees from time to time, except that Company may not change any Rental Fees during an ongoing Equipment Rental Agreement Term.
2.2 Customer Credit Card Information. By signing below, you are authorizing Company to retain Your credit card information on file until this Agreement is terminated and all amounts are fully paid. You are further authorizing the Company to charge Your credit card with all amounts that are owed by You to the Company under this Agreement and which remain outstanding and/or otherwise are unpaid. Upon termination of this Agreement, Company will destroy all records and files which contain Your confidential credit card data or payment information.
2.3 Other Fees. Other fees may apply, as specified in this Agreement (e.g. additional Rental Fees, Delivery/Pick-Up Fees, Re-Delivery/Pick-Up Fees, Late Reservation Fees, Replacement Costs, etc.), which are due immediately when incurred.
3. PICK-UP/DELIVERY AND RETURN OF EQUIPMENT.
3.1 Self Pick-Up & Return. If the box below is checked, You are responsible to pick-up the Equipment on the Rental Date at Company’s place of business (referred to as the “Pick-Up Location”) and return the Equipment on the Return Date at the same location.
☐ Your Equipment Pick-Up and Return Information is:
Pick-Up/Return Location: _____156-C Mokauea St., Honolulu, Hawaii 96819_____
3.2 Island-wide Company Delivery & Pick-Up. Company is available to deliver the Equipment directly to Your residence or place of lodging on the island of Oahu of $30.00. In limited circumstances, Company may deliver the Equipment to Your place of lodging before You arrive on the island. If the box below is checked, Your Equipment will be delivered to You on the Rental Date at the location below (“Delivery Location”) and picked up from You on the Return Date at the same location. Unless otherwise agreed by Company, You or your designated agent must be present to meet with Company’s representatives at the Delivery and Pick-Up Times to inspect the Equipment.
☐ Your Equipment Delivery & Pick-Up Information is:
Delivery/Pick-Up Location: ____________________________________
Delivery Time & Pick-Up Time: Company will contact you directly to arrange for delivery and/or pick-up of the Equipment between the hours of 9:00 a.m. and 5:00 p.m.[1] (an after-hours charge of $20.00 will apply for all deliveries and pick-ups outside of regular business hours). Note that Equipment pick-up times are generally arranged the day prior to the Return Date.
For gated or secured communities: You are responsible for ensuring that
Company’s representatives are provided with appropriate security access to the Delivery Location.
Appropriate person to contact in the event Company’s representative encounters
problems accessing the Delivery Location:
Name: _________________________________
Phone: _________________________________
Delivery Time & Pick-Up Time: Company will contact you directly to arrange for delivery and/or pick-up of the Equipment between the hours of 9:00 a.m. and 5:00 p.m.[2] (an after-hours charge of $20.00 will apply for all deliveries and pick-ups outside of regular business hours). Note that Equipment pick-up times are generally arranged the day prior to the Return Date.
Airport Deliveries & Pick-Ups. Airport deliveries and pick-ups are subject to an additional charge of $20.00 in addition to the Delivery/Pick-Up Fee described above. A smaller delivery and pickup window time of approximately 15-30 minutes applies for Airport deliveries and pick-ups. You must consult with Company in advance to provide all required information for coordination of flight arrivals and departure dates and times.
Hotel Deliveries & Pick-Ups. You are responsible for any additional charges or fees assessed by Your hotel for the delivery and pick-up of the Equipment. It is recommended that you check with Your hotel in advance to find out if delivery and pick-up of the Equipment is subject to any hotel charge. If Your hotel assess such fee upon Company at the time delivery, You are authorizing Company to charge your credit card with the applicable hotel charge. If You request Company to leave the Equipment with the hotel’s bell desk, You are responsible to claim all such Equipment from the Hotel bell desk as soon as possible.
Turtle Bay/ North Shore/ Kahuku/ Laie Deliveries & Pick-Ups. Eastside deliveries and pick-ups are subject to an additional charge of $60.00 in addition to the Delivery/Pick-Up Fee described above.
Private Residence Deliveries to Front Door. In limited circumstances, Company may agree to deliver and leave the Equipment at the front door of private residences which are in a gated or secured community. In such cases, immediately upon Company’s delivery to the front door, You are fully responsible for the Equipment and You agree to assume the risk of theft, vandalism, or other occurrences which may cause the loss of, or damage to the Equipment, even while it remains unattended at your front door.
Special Transfer Requests; Trip Charge. In limited circumstances, Company may be able to transfer the Equipment from one location to another at Your request. An additional charge of $25.00 will apply. For any add-on items or deliveries/pick-ups during the reservation, an additional trip charge of $20.00 will apply.
Re-Delivery/Pick-Up Fee. In the event Company must make multiple attempts to deliver or pick-up the Equipment for any reason (including Your failure to arrive at the designated time without appropriate prior notice to Company), You will be assessed a“Re-Delivery/Pick-Up Fee” in the amount of $30.00 for each additional roundtrip to and from the applicable location.
3.3 Installation/Assembly of Equipment. You are responsible for the installation of any mobile equipment for the assembly of any Equipment for Your use. Company will provide all Manufacturer-issued instructions and guidance for reference. All accessories that are provided with the Equipment (including boxes, cases, manufacturer manuals/instructions, power cords, etc.), whether or not specified herein, are deemed a part of the Equipment and must be returned with the Equipment.
3.4 Acceptance of Equipment; Notice of Objections. Upon initial receipt of the Equipment, You must carefully inspect it and notify Company of any objections or problems with the Equipment. Failure to provide such notice will constitute a waiver and You will be deemed to have accepted the Equipment in its delivered condition.
3.5 Return of Equipment; Damages; Losses. You are responsible to return all Equipment to the designated location and time on the Return Date. Equipment is expected to be returned in good and working condition, less reasonable wear and tear, together with all parts and attachments originally provided to You. You are responsible for any damage to the Equipment beyond normal wear and tear, which may include the full cost of replacement of the Equipment depending on the extent of the damage, as determined by Company in its sole discretion. If Equipment repairs are necessary as a result of damage to the Equipment beyond normal wear and tear, You are responsible for any cost or expense to reasonably repair the Equipment to good and working condition. Additionally, You are responsible for all Equipment rented to You while it is in your possession and You are responsible for all amounts due and owing to Company under this Agreement, even in the event of theft, vandalism, break-ins, or other occurrences which cause loss of, or damage to the Equipment.
3.6 Cleaning/Sanitation Fee. For any Equipment that is returned in an exceptionally dirty or unsanitary state, a $35.00 Cleaning Fee (“Cleaning Fee”) may be assessed to clean and sanitize the Equipment, as determined by Company in its sole discretion.
3.7 Failure to Return Equipment; Missing Parts. If You fail to return any of the Equipment within seven (7) days of the Return Date and without any approved extension of the rental Term, You are responsible for all additional Rental Fees incurred from the Return Date until the seventh day thereafter, together with applicable Late Fees and other charges. On the eighth day following the Return Date, You will be charged the full replacement cost of all unreturned Equipment (“Replacement Cost”). In the event You inadvertently fail to return a minor part or attachment of any particular Equipment item, Company, in its sole discretion, may accept a late return of such minor part or attachment within seven (7) days of the Return Date. In such event, You may be charged the applicable Late Fee, Pick-Up Fee. In the event You fail to return a part or attachment of any particular Equipment item that is key to the functionality of the Equipment (such that the Equipment is rendered unusable without the missing part), You will be responsible for the full Replacement Cost and all other charges described herein. For the purposes of this Agreement, “Replacement Cost” means the cost of any particular Equipment item based on the current full market value plus applicable taxes and shipping costs to Company’s place of business.
4. COMPANY’S DISCLAIMER & LIMITATION OF LIABILITY.
4.1 Manufacturer’s Equipment Warranties. You understand and acknowledge that Company, is NOT the manufacturer of the Equipment, nor is it the Manufacturer’s agent. Company makes no express or implied warranty of any kind whatsoever with respect to the Equipment, including but not limited to: the merchantability of the Equipment or its fitness for any particular purpose, the design of the Equipment, the condition of the Equipment, the workmanship in the Equipment, compliance of the Equipment with any applicable law, rule, specification, or contract pertaining thereto, patent infringement, or latent defects of the Equipment, and Company expressly disclaims any liability for any resulting incidental or consequential damages or losses incurred by You. By taking possession of the Equipment, you are accepting the Equipment “AS IS” and with all faults and You are agreeing not to assert any claim whatsoever against Company for damages or losses sustained as a result of Equipment malfunction, inoperability, or Your failure to property operate or handle the Equipment. If the Equipment does not operate as represented or warranted by the manufacturer, or if it is unsatisfactory for any reason regardless of cause or consequence, Your only remedy (if any) is against the Equipment manufacturer and not the Company.
4.2 Limitation of Liability. By signing below, You acknowledge and agree that Company is not responsible for any injuries, damages, penalties, claims or losses, including legal expenses, incurred by You or any other person caused by the transportation, installation, manufacture, selection, possession, modification, maintenance, condition, operation, use, return or disposition of the Equipment, and You agree to reimburse Company to defend against any claims for such losses, damages, penalties, claims, injuries, or expenses. This indemnity continues even after this Agreement has expired for acts or omissions which occurred during the Term or any extension thereto. In no event is Company liable for any indirect, incidental, consequential or special damages of any kind (including without limitation: bodily injury or loss of use), whether or not Company was or should have been aware of the possibility of such potential loss or damage.
5. DEFAULT; TERMINATION.
5.1 Default. In the event You fail to comply with any of the provisions of this Agreement, including, without limitation: making timely payment of all amounts owed to Company, then You shall be deemed to be in default of this Agreement, and Company, in its sole discretion, may charge Your credit card for all amounts owed to Company under this Agreement, including but not limited to: the full Replacement Cost, all applicable Rental Fees, Late Fees, Re-Delivery/Pick-Up Fees, other fees specified herein, and attorney’s fees and costs incurred by Company in any collection matter. In addition to the foregoing, You are responsible for all bank and other charges resulting from any checks returned for insufficient or uncollectible funds.
5.2 Termination. This Agreement automatically terminates when the Term has expired and all parties to this Agreement have fully performed, as required herein. Upon termination on this Agreement, Company shall destroy all records and files which contain Your confidential credit card data or payment information.
5.3 Disputes. All disputes under this Agreement which cannot be resolved by the parties shall attempt to be settled first by mediation in the State of Hawaii prior to the filing of any lawsuit, claim, or action against the other party arising under this Agreement. Mediation shall occur before a mutually agreed-upon mediator with Dispute Prevention & Resolution, Inc. (“DPR”) of Honolulu, HI and may be commenced at any time by any party hereto by giving written notice to each other party regarding the alleged breach.
5.4 Attorney’s Fees and Costs. In the event Company is forced to pursue a lawsuit, claim, or action against You specifically for the collection of Rental Fees, charges, taxes, or any other amount owed by You to Company under this Agreement, You shall be responsible for all attorney’s fees and reasonable costs incurred by Company in prosecuting such lawsuit, claim, or action. In all other cases in which a lawsuit, claim, or action is instituted or filed by one party against the other party pursuant to a breach of the terms of this Agreement, the prevailing party shall be entitled to an award of its attorney’s fees and reasonable costs incurred.
6. MISCELLANEOUS.
6.1 No Assignment. This Agreement may not be assigned by any party to any other person.
6.2 Authority. Both parties represent and warrant that each has the full right, power, and authority to enter into this Agreement and to perform the obligations as required hereunder.
6.3 Confidentiality. The Parties agree that the existence and terms of this Agreement, are and shall remain confidential, and shall not be disclosed to any other person or entity, except as follows: (a) with the express prior written consent of the other party; (b) by either party to its or their respective legal, financial and other professional advisors, provided that each recipient of such information is subject to the same obligation of confidentiality; or (c) as may be required by applicable laws or regulations.
6.4 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
6.5 Binding Nature. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted successors and permitted assigns.
6.6 Survival. The sections of this Agreement which by their nature should survive termination or expiration of this Agreement, will survive termination or expiration of this Agreement.
6.7 Entire Agreement; Amendment. Both parties agree that this Agreement is the complete and reflects the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the rental of the Equipment.
6.8 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by e-mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid to the address listed below.
6.9 Governing Law; Venue. This Agreement is governed by the laws of the State of Hawaii without regard to its conflict of law provisions thereto. In any legal action arising out of or relating to this Agreement, the parties hereby consent and submit to the jurisdiction and venue of the state and Federal courts in the state of Hawaii.
6.10 Counterparts. This Agreement may be executed in counterparts, each of which shall collectively constitute one document.
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[1] Hours may vary.
[2] Hours may vary.