Portable AC Rental Corp (Rental Agreement)

Teams and Conditions Effective 12/12/18

 

TERMS.  Customer’s execution of this Agreement/Contract by making payments towards these contracts and or by taking possession of the Equipment shall be deemed acceptance of the terms and conditions herein/ receipt. All of the terms herein are incorporated into this and all past and future contracts between Portable AC Rental and Customer upon Customer’s receipt of Portable AC Rental’s Equipment under those contracts. Any reference in Customer’s purchase order or other Customer documents to other terms that shall control this transaction shall be void. Customer rents the Equipment from Portable AC Rental pursuant to this Contract. This Contract is a true lease. The Equipment (a) is and shall remain the personal property of Portable AC Rental and (b) shall not be affixed to any other property.

 

IDENTIFICATION AND DOCUMENTS REQUIREMENTS.  Customer agrees to provide a Valid Florida ID and or a Valid Government Issued ID to prove proof of address and identity before acquiring any rented times from Portable AC Rental. Customer authorizes Portable AC Rental Corp and its agent’s to collect and to take pictures of Customer’s ID and Credit card for payment processing, recording keeping, and residency validation purposes. If the Customer’s ID does not indicate a local South Florida address, Portable AC Rental will require additional proof of temporary residencies such as a valid renters lease agreement from a landlord or Condominium Association. If the Customer is not a local South Florida resident customer must send all documents stated in this agreement to (portableacrental@gmail.com) before making any appointments for delivery and or pick-up of items rented. If Portable AC Rental and its agents cannot validate truth to the customer’s identifications, verbal or written testimony, and local South Florida residency this will be a direct default and breach of this contract.

DEPOSIT REQUIREMENTS. Portable AC Rental may require a cash deposit to rent portable ac units in the amount of $100 for each ac unit rented. Portable AC Rental will require a Cash or Cahier’s Check for 50% of the total invoice charge is more that $600 when customer choose to use a credit card for payment. if the total of rental contract/invoice amounts to more than $600.00 and the customer authorize Portable AC Rental to hold such funds/deposit for 65 days from the date posted on the original rental invoice . If the Renter is a local South Florida resident and is renting less than three AC Units a deposit may not be required if the amount is less than $600.00; If the Customer is not a local South Florida resident a cash deposit may be required and as determined by Portable AC Rental. The customer agrees and authorizes Portable AC Rental Corp to use any Cash or Casher’s Check deposit  to pay for damages, repairs, replacement of items, credit card charge backs, disputed payment, delinquent payment and any form of lack of other payment. When customer leaves the deposit of $100.00, for each ac unit rented, the customer will get back 100% of the deposit only when all equipment is retuned in the same good working condition as it was received by the customer.    

 

SUBSCRIPTION PAYMENT.  Customer agrees this Agreement shall begin when Portable AC Rental accepts your order for your AC Rental Subscription items and continues until terminated as set forth in this Agreement. Your subscription will run for the initial term set forth on your order form/receipt (the “Initial Term”) and unless otherwise stated on your order form or receipt. All Portable Air Conditioning units and related accessories are considered subscription items and your credit card will be automatically billed before the end of your subsection billing period. This subscription will end when all rented items are returned to Portable AC Rental Cop.

RENTAL SUBSCRIPTION TERM You authorize Portable AC Rental.com/Portable AC Rental Corp. to collect your payment of Subscription Fees in advance in the applicable currency, using the payment method and payment information you provide and that Portable AC Rental.com accepts. Subscription Fees may include late fees or penalties incurred because your financial institution fails to honor a check or electronic charge, debit, or transfer. Late payments will accrue interest at the higher of one and one-half percent (1½%) per month or at the highest rate permitted by law. You are obligated to pay all Subscription Fees irrespective of whether you received an invoice. Failure to meet any of your payment obligations will be a material breach of this Agreement and allow Sage to suspend or terminate your Subscription.

 

RENTAL SUBSCRIPTION RATES. The total charges specified in this Contract are: (a) estimated based upon Customer’s representation of the estimated Rental Period identified herein and or on the customer’s receipt and other information conveyed by the Customer to Portable AC Rental; unless otherwise noted. Weekly, Bi-Weekly, and 4 weeks (Monthly) rental /subscription rates shall not be prorated. The rental rates do not include and Customer is responsible for, (i) all consumables, fees, licenses, present, and future taxes and any other governmental charges based on Customer’s possession and/or use of the Equipment, including additional fees for more than One Shift use; (ii) delivery and pickup charges to and from the Store, including but not limited to any freight, transportation, delivery, pickup and surcharge fees listed in this Contract; (iii) maintenance, repairs and replacements to the Equipment as provided herein; (iv) a cleaning fee if required.

 

CANCELLATION POLICY Cancellation Charges: In the event that Client pre-orders equipment for local pick up or delivery in the future, Portable AC Rental, upon confirmation of such order, will reserve the Equipment for Client. In the event that Client cancels its order less than one (1) hour prior to the pick-up/shipping and/or installation of the Equipment, Client agrees to pay cancellation charges equal to 100% the stipulated contract/invoice rate rental rate including all delivery and associated cost. In the event that Client cancels its order subsequent to the shipping and/or pick-up/installation of the Equipment, Client agrees to pay a cancellation fee equal to 50% of the total stipulated contract/invoice rental charge of the entire period the Equipment was ordered for. There is no refund once rented equipment is delivered to the customer’s address or picked-up by the customer. All AC Units Rented are considered a subscription item. Your subscription term will end when all rented items including and not limited to (AC Units) are returned to Portable AC Rental Crop.

 

PAYMENT. Deposits may be required. Due to the difficulty in fixing actual damages caused by late payment, the Customer agrees that a service charge equal to the lesser of 1.5% per month or the maximum rate permitted by law shall be assessed on all delinquent accounts until paid in full. Customer shall pay a fee of $75 for each check retuned and or credit card for lack of sufficient funds to compensate Portable AC Rental. Corp (Portable AC Rental) for its overhead for processing missed payment. Customer must notify Portable AC Rental in writing of any disputed amounts, including credit card charges, within 48 hours after the receipt of the invoice/contract, or Customer shall be deemed to have irrevocably waived its right to dispute such amounts. . All Portable Air Conditioning units and related accessories is considered subscription items and your credit card will be automatically billed before the end of your subscription billing period. This subscription will end when all rented items are returned to the Portable AC Rental Crop.

 

CREDIT CARD PAYMENTS. Customer agrees that if a credit card is presented to pay for charges or to guarantee payment, Customer authorizes Portable AC Rental to charge the credit card all amounts shown on this Contract and charges subsequently incurred by Customer, including but not limited to, loss of or damage to the Equipment, extension of the Rental Period. And pay a fee of $75 for each credit card lack of sufficient funds to compensate Portable AC Rental Corp or its agents for its overhead for processing payments.

 

RETURN/PICK-UP/DELIVERY OF EQUIPMENT. All Pick-ups and Returns at our local store must be done by the customer by making an appointment with Portable AC Rental agents and or staff to pick up and return all ac units during normal business hours. Portable AC Rental may terminate this Contract at any time, for any reason. At the end of the Rental Period, the Equipment shall be returned to Portable AC Rental in the same condition it was received, less Ordinary Wear and Tear and free of any hazardous materials and contaminants. The customer will continue to be responsible for rental and other charges after the Rental Period if the Equipment is not returned in the condition required herein. If Portable AC Rental delivered the Equipment to Customer, Customer shall notify Portable AC Rental that the Equipment is ready to be picked 24 hours before the rental period ends, and all items will be picked up at the Site Address which is stated on the customer’s original recipe and or delivered, provided. No pickups shall occur on statutory holidays unless agreed by Portable AC Rental in writing. If Customer picks up Equipment at our local store; Customer shall return all rented Equipment to the same Store during that Store’s normal business hours. If the Equipment is not returned by the estimated end of the Rental Period, the Customer agrees to pay the applicable rental rate to continue the rental period.

 

PERMITTED USE.  Customer agrees that Portable AC Rental has no control over the manner in which the Equipment is operated during the Rental Period by Customer or any third party that Customer implicitly or explicitly permits. Customer warrants that: (a) prior to each use, Customer shall inspect the Equipment to confirm that it is in good condition, without defects, includes readable decals and operating and safety equipment or instructions and is suitable for Customer’s intended use; (b) any apparent agent at the Site Address is authorized to accept delivery of the Equipment (and if Customer requests, Customer authorizes Portable AC Rental to leave the Equipment at the Site Address without requirement of written receipt); (c) Customer shall immediately notify Portable AC Rental if the Equipment is Lost, damaged, unsafe, disabled, malfunctioning, levied upon, threatened with seizure, or if any Incident occurs; (d) Customer has received from Portable AC Rental all information needed or requested regarding the operation of the Equipment; (e) Portable AC Rental is not responsible for providing operator or other training unless Customer specifically requests in writing and Portable AC Rental agrees to provide such training (Customer being responsible to obtain all training that Customer desires prior to the Equipment’s use); (f) only Authorized Individuals 18 years and older shall use and operate the Equipment; (g) the Equipment’s use shall be in a careful manner, in compliance with all operating and safety instructions provided on, in or with the Equipment, and on the Manufacture  website or related Publications and all applicable federal, state and local laws, permits and licenses, including but not limited to, OSHA, as revised; and (h) the Equipment shall be kept in a secure location.

 

PERMITTED USE ELECTRICAL POWER REQUIREMENTS.  Customer agrees to provide electrical power necessary to operate all electrical times rented and as stated on the manufacturer’s label for each equipment. The customer acknowledges that each air conditioning unit will need its own circuit breaker to operate. The customer shall not use two air conditioning units on the same circuit breaker. The customer shall avoid using extension cords to operate the rented air conditioning units. Recommend electrical power necessary to operate each Portable AC Units are as follows, 8 to 10,000 BTU’s will require 120volt 10AMP’s AND 14,000 BTU’s AC Units will require 120volts 15AMP or 20 AMP’s single circuit breaker.

 

PERMITTED USE AC UNIT INSTALLATION.  Customer must exhaust the hot air hose or duct AC to the outdoors which is free from restrictions. If the customer uses one of our window adapter kits to hook up the ac exhaust hose customer must provide window locks to prevent the window from opening for security purposes. WARRING all portable air conditioner has a very hot exhaust hose which can cause burns customer shall not have anyone including animals touch the air conditioner exhaust while the ac unit is operating. To relocate the ac unit after use, the customer shall first turn off the air conditioner and wait for at least 20 (minutes) before attempting to touch the ac unit exhaust hose/duct. The customer is responsible for the installation of all portable air conditioners, except when the customer chooses paid delivery to a residential address. Paid Installation for a residential customer will only include up to 20 minutes of installation time and a window kit to fit a normal window size with a width of 36 inches or less, if the window is bigger than 36 inches wide the customer must provide the materials or pay for the extra materials and labor necessary needed and used to install the portable air conditioner. The customer agrees to provide a free and clear operable window in order for our agents to install the portable air conditioner. If the customer does not provide the necessary power to operate the ac unit and an operable window with at least 12 inches wide opening, it will be no fault of Portable AC Rental and its agents for not installing the air conditioner, and in such instance, the customer will be responsible to install the portable air conditioner, and it will not be the fault of Portable AC Rental for not installing the portable air conditioner, the customer will still have to pay the entire delivery cost ac rental period. The customer agrees to provide free parking and to pay for all parking fees for our delivery and or service vehicles.

 

MAINTENANCE. Customer shall perform routine maintenance on the Equipment, including routine inspections and maintenance of fuel and oil levels, grease, cooling system, water, batteries, cutting edges, and cleaning in accordance with the manufacturer’s specifications. All other maintenance or repairs may only be performed by Portable AC Rental or its agents, but Portable AC Rental has no responsibility during the Rental Period to inspect or perform any maintenance or repairs unless the Customer requests a service call. If Portable determines that repairs to the Equipment are needed, other than Ordinary Wear and Tear, Customer shall pay the full repair charges and rental of the Equipment until the repairs are completed. Portable AC Rental has the right to inspect the Equipment wherever located. The customer has the authority to and hereby grants Portable AC Rental and its agents the right to enter the physical location of the Equipment for the purposes set forth herein. Portable AC Rental shall be responsible for repairs needed because of Ordinary Wear and Tear. Customer agrees that repair or replacement of the Equipment is Customer’s exclusive remedy for Portable AC Rental Corp breach of this Section. Notwithstanding Portable AC Rental service commitment, Portable AC Rental shall have no obligation if Customer breaches this Contract to stop the Rental Period, commence repairs or rent other equipment to Customer until Customer or its agent agrees to pay for such charges.

 

DEFAULT. Customer shall be in default if Portable deems itself insecure or if Customer: (a) fails to pay sums when due; (b) breaches any Section of this Contract. (D) Fails to return Equipment immediately upon Portable ac Rental’s demand. If a Customer default occurs, Portable ac Rental shall have, in addition to all rights and remedies at law or in equity, the right to repossess the Equipment without judicial process or prior notice. Customer shall pay all of Portable ac Rental Corp. costs, including reasonable costs of collection, court costs, attorneys, and legal fees, incurred in exercising any of its rights or remedies herein. The use of false identification to obtain Equipment or the failure to return Equipment by the end of the Rental Period may be considered theft, subject to criminal prosecution and civil liability where permitted, pursuant to applicable laws. Portable ac Rental shall not be liable due to seizure of Equipment by order of a governmental authority. CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST Portable Ac Rental ENTITIES FOR SUCH REPOSSESSION.

 

ATTORNEY’S FEES: In the event that any party brings suit in connection with this Agreement, or any other agreement that may exist between the parties to this Agreement, for the recovery of any sum due under such agreement, or because of a breach of any provision hereof or for any other relief, then all costs and expenses, including reasonable attorney’s fees, incurred by the prevailing party therein shall be paid by the other party, and this provision shall be enforceable whether or not the action is prosecuted by Judgment.