TERMS AND CONDITIONS
By signing this document, you, the Customer (as defined below) agree and acknowledge that Customer has read, understands, accepts full responsibility for and is bound by the terms and conditions contained in this Rental Agreement (as defined below), which also consists of any optional products purchased by Customer in connection with this rental and the Reservation Details (as defined below) hereof for the Rental Period (as defined below) whether or not subsequent agreements are executed by Customer or if WazSUP assigns a new agreement number during the Rental Period for the purpose of invoicing Customer.
- 1. DEFINITIONS.
- "Rental Agreement" means this Rental Agreement, including the Reservation Details.
- "WazSUP" means WazSUP Kayaks (Page, AZ, USA)
- "Equipment" means any one or more of the items identified in the Reservation Details and any accessories, attachments or other similar items delivered to Customer, including, but not limited to boats, paddles and personal floatation devices.
- "Customer" means the person or entity identified as such in the Reservation Details or any representative, agent, officer or employee of Customer.
- "Store Location" means the closest WazSUP branch location to the Location described in the Reservation Details. In the event that WazSUP has agreed to deliver or pick up the Equipment from Customer, "Store Location" may include WazSUP's transport vehicle.
- "Rental Period" means the period of time between the date "From"and date "To" set forth in the Reservation Details, except that the Rental Period may extend or terminate earlier as provided in Section 21 hereof or if Customer returns the Equipment earlier.
- "Reservation Details" means the Equipment, Rental Period, Delivery Information, Payment Information and other information set forth on the Confirmation/Order Summary.
- "Credit Card" means the credit card provided by Customer as part of this Rental Agreement or otherwise kept on file with WazSUP.
- 2. AUTHORITY TO SIGN.
- Any individual agreeing to this Rental Agreement represents and warrants that he or she is of legal age, and has the authority and power to sign this Rental Agreement on behalf of Customer.
- 3. INDEMNITY / HOLD HARMLESS.
- TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD WAZSUP, AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION, USE, POSSESSION OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST WAZSUP BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY WAZSUP FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF WAZSUP. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE RENTAL AGREEMENT.
- 4. INSPECTION OF EQUIPMENT.
- Customer acknowledges that Customer will inspect the Equipment prior to taking possession thereof, and Customer will only accept delivery of the Equipment if Customer determines that the Equipment is in good working order and repair, and is suitable for Customer's needs. Customer acknowledges that Customer is familiar with the proper operation and use of each item of Equipment. Customer acknowledges that, prior to taking possession of the Equipment, Customer will obtain and read all safety bulletins, operator manuals, and tabulated data for each item of Equipment. Customer agrees to inspect all devices and materials used to transport the Equipment. Customer acknowledges WazSUP is not responsible for any damage to any vehicle caused by any device or material used to transport Equipment.
- 5. LIMITATION OF LIABILITY.
- In no event shall WazSUP be liable or responsible to Customer or any other party for: (i) any loss, damage or injury caused by, resulting from or in any way connected with the Equipment, its operation or its use, (ii) WazSUP's failure to deliver the Equipment as required hereunder, or WazSUP's failure to repair or replace non-working Equipment; (iii) or any incidental, consequential, punitive or special damages. Customer acknowledges and assumes all risks inherent in the operation, use and possession of the Equipment from the time the Equipment is delivered to Customer until the Equipment is returned to WazSUP and will take all necessary precautions to protect all persons and property from injury or damage from the Equipment.
- 6. USE OF EQUIPMENT.
- Customer will not use or allow anyone to use the Equipment: (i) for an illegal purpose or in an illegal manner; (ii) without a license, if required under any applicable law, (iii) or who is not qualified to operate it. Customer agrees, at Customer's sole expense, to comply with all applicable municipal, state, and federal laws, ordinances and regulations (including National Park Service) which may apply to the use of the Equipment. Customer agrees to: (i) clean and visually inspect the Equipment daily; (ii) and immediately notify WazSUP when Equipment needs repair or maintenance and cease using the Equipment. Customer acknowledges that WazSUP has no responsibility to inspect the Equipment while it is in Customer's possession. WazSUP shall have the right to replace the Equipment with other reasonably similar equipment at any time and for any reason.
- 7. DISCLAIMER OF WARRANTIES.
- WAZSUP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS RENTAL AGREEMENT, WAZSUP DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL TRANSACTION.
- 8. MALFUNCTIONING EQUIPMENT.
- Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and immediately notify WazSUP. If such condition is the result of normal operation, WazSUP will repair or replace the Equipment with reasonably-similar Equipment in working order, if such replacement Equipment is available. WazSUP has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Customer's sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure. Customer must return the Equipment to the Store Location within 24 hours from the time of defect in order to terminate rental charges.
- 9. RETURN OF EQUIPMENT / DAMAGED & LOST EQUIPMENT.
- At the expiration of the Rental Period, Customer will return the Equipment to the Store Location during WazSUP's regular business hours. The Equipment is to be in the same condition as when delivered to Customer, subject to reasonable wear and tear, as defined below. Customer shall be liable for all damages to or loss of the Equipment from the time the Equipment leaves the Store Location until the Equipment is returned to the Store Location. In the case of the loss or destruction of any Equipment, or inability or failure to return same to WazSUP for any reason whatsoever, Customer will pay WazSUP the then full replacement list value of the Equipment together with the full rental rate as specified until such Equipment is replaced. If the Equipment is returned in a damaged or excessively worn condition, Customer shall pay WazSUP the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been completed. WazSUP shall be under no obligation to commence repair work until Customer has paid to WazSUP the estimated cost therefor. Customer agrees that WazSUP reserves the right to charge the Credit Card and/or Customer's account for any amount owed by Customer pursuant to this section due to damaged or lost Equipment.
- 10. REASONABLE WEAR AND TEAR.
- Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one shift basis (as defined in Section 12 below). The following shall not be deemed reasonable wear and tear: (i) except where WazSUP expressly assumes the obligation to service or maintain the Equipment, any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer's operation and maintenance manual; (ii) damage resulting from any collision, overturning, or improper operation, including overloading or exceeding the rated capacity of the Equipment; (iii) damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of the Equipment or any part thereof; (iv) wear resulting from use in excess of shifts for which rented; (v) and any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry.
- 11. LATE RETURN.
- Customer agrees that if the Equipment is not returned by the end of the Rental Period, WazSUP, in its sole discretion, may require Customer to do any of the following: (i) continue to pay the rental rate(s) applicable to the Equipment as specified in the Reservation Details; (ii) for periods less than 24 hours, pay the full daily rental rate applicable to the Equipment; (iii) or pay any increased rental rate(s) in effect at the time of, or after, the expiration of the Rental Period. Customer agrees that WazSUP reserves the right to charge the Credit Card and/or Customer's account for any amount owed by Customer pursuant to this section due to late return of Equipment.
- 12. RENTAL PERIOD / CALCULATION OF CHARGES.
- Rental charges commence when the Equipment leaves the Store Location and end when the Equipment is returned to the Store Location during WazSUP's regular business hours. Rental charges do not include any applicable taxes, the cost of the Delivery and Pickup Service Charge, transportation surcharges, the cost of the Environmental Service Charge or other miscellaneous charges. If Customer chooses to have WazSUP deliver and pick up the Equipment, Customer agrees to pay a Delivery and Pickup Service Charge. In the event that Customer has elected to pay for the Delivery and Pickup Service Charge, Customer agrees to be at the agreed upon location and time for delivery or pick up of Equipment. Rental charges accrue during Saturdays, Sundays and Holidays. Rental rates are for normal "one shift" usage based on a 10 hour / day period. Customer's right to possess the Equipment terminates on the expiration of the Rental Period and retention of possession after this time is a material breach of this Rental Agreement. TIME IS OF THE ESSENCE.
- 13. DEPOSIT.
- In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the terms, covenants, and agreements to be performed by Customer hereunder. In the event of any breach by Customer, the deposit will be credited against any damages, cost or expense incurred by WazSUP as a result of the breach.
- 14. PAYMENT.
- All amounts due hereunder shall be payable in full upon receipt of invoice by Customer. Customer acknowledges that timely payment of rental charges is essential to WazSUP's business operations and it would be impractical and extremely difficult to fix the actual damages caused by late payment. Customer and WazSUP agree that there shall be added to all past due rental charges a late payment fee equal to the lesser of 2% per month (24% per annum) on any such payments outstanding after 30 days, or the maximum amount allowed by applicable law. Customer agrees that WazSUP reserves the right to charge the Credit Card and/or Customer's account for any amount owed by Customer pursuant to this section due to late or past due payment(s) or rental charges.
- 15. TITLE / NO PURCHASE OPTION / NO LIENS.
- This Rental Agreement is not a contract of sale, and title to the Equipment shall at all times remain with WazSUP. Unless covered by a specific supplemental agreement signed by WazSUP, Customer has no option or right to purchase the Equipment. Customer shall keep the Equipment free and clear of all mechanics and other liens and encumbrances.
- 16. NO ASSIGNMENT, LENDING OR SUBLETTING.
- Customer shall not sublease, subrent, assign or loan the Equipment without first obtaining the written consent of WazSUP, and any such action by Customer, without WazSUP's written consent, shall be void. Customer agrees to use and keep the Equipment in the general area of Store Location unless WazSUP approves otherwise in writing. WazSUP may at any time, without notice to Customer, transfer or assign this Rental Agreement or any Equipment or any moneys or other benefits due or to become due hereunder.
- 17. ENTIRE AGREEMENT / ONLY AGREEMENT.
- The Rental Agreement, including the Reservation Details, represents the entire agreement between Customer and WazSUP with respect to the Equipment and the rental of the Equipment. There are no oral or other representations or agreements not included herein. None of WazSUP's rights or Customer's rights may be changed and no extension of the terms of this Rental Agreement may be made except in writing, signed by both WazSUP and Customer. Any use of Customer's purchase order number on this Rental Agreement is for Customer's convenience only and terms and conditions, whether oral or written, that are different or inconsistent with the terms contained herein are hereby rejected by WazSUP.
- 18. ORDER OF PRECEDENCE.
- The terms and conditions of this Rental Agreement shall control over any conflicting preprinted terms and conditions contained in Customer's purchase order or similar documents and such other terms are hereby rejected by WazSUP.
- 19. CLASS ACTION WAIVER
- Customer agrees that any claims or proceedings brought by Customer relating to this Rental Agreement will be conducted on an individual basis, and not on a class-wide, collective, or representative basis, and that any one person's claims or proceedings may not be consolidated with any other claims or proceedings. Customer will not sue United as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against United. Nothing in this paragraph, however, limits Customer's right to bring a lawsuit as an individual plaintiff.
- 20. JURY WAIVER
- The federal and state courts in the county in which the Store Location is located shall have exclusive jurisdiction over all matters relating to this Rental Agreement. TRIAL BY JURY IS WAIVED. WazSUP shall be entitled to decrees of specific performance (without posting bond or other security) in addition to such other remedies as may be available.
- 21. OTHER PROVISIONS.
- Any failure of WazSUP to insist upon strict performance by Customer of any terms and conditions of this Rental Agreement shall not be construed as a waiver of WazSUP's right to demand strict compliance. Customer has carefully reviewed this Rental Agreement and waives any principle of law which would construe any provision hereof against WazSUP as the drafter of this Rental Agreement. Any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Rental Agreement.
- Customer agrees to pay all reasonable costs of collection, court, attorneys' fees and other expenses incurred by WazSUP in the collection of any charges due under this Rental Agreement or in connection with the enforcement of its terms.
- Customer shall pay the rental charge(s) without any offsets, deductions or claims.
- Customer consents to the collection, use, and disclosure of his or her personal identification and financial information as described herein. Customer's personal identification and financial information is provided voluntarily and not as part of a credit card transaction. Personal identification information includes, for example, Customer's name, billing address, ZIP code, telephone number, date of birth, driver's license number, and email address. Financial information includes, for example, information related to any balances or invoices related to the Rental Agreement. Customer's personal identification information can be used for purposes of this transaction, any subsequent transactions with WazSUP, and for WazSUP to evaluate and improve its products and services and/or develop new products or services. Customer's personal identification information and/or financial information may be disclosed to contractors, service providers, and other third parties that support WazSUP's business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- WazSUP shall have the right to immediately repossess the Equipment, without any liability to Customer, in the event of: (i) permanent closure of the Store Location; (ii) declaration of any emergency, disaster or similar situation by any federal, state or local government; (iii) or as otherwise set forth in this Rental Agreement.
- Customer expressly acknowledges that Customer and WazSUP are the only parties to this Agreement, notwithstanding that a reservation for the Equipment may have been arranged by a third party or that a third party may pay for all or part of the rental bill.
- A Cleaning Charge will apply to Equipment returned with excessive dirt. Customer is responsible for all damage.
- In the event the terms contained in this Rental Agreement conflict with any terms of any preexisting written agreement signed by authorized representatives of the Customer and WazSUP (the "Written Agreement"), the terms of the Written Agreement shall supersede the terms of this Rental Agreement.
- CRIMINAL WARNING: The use of false identification to obtain Equipment or the failure to return the Equipment by the end of the Rental Period may be considered a theft subject to criminal prosecution pursuant to applicable criminal or penal code provisions.
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