Portable AC Rental Corp (Rental Agreement)

Teams and Conditions Effective 12/12/18

 

PORTABLE AC RENTAL AGREEMENT

This Portable AC Rental Agreement (the “Agreement”) is entered into by and between Portable AC Rental Corp., doing business as Portable AC Rental (the “Company”), and the person or entity renting equipment from the Company (the “Customer”). This Agreement governs every rental, delivery, pickup, installation, renewal, extension, service call, and other transaction involving the Company’s equipment, whether the transaction is completed in person, by phone, online, by invoice, by receipt, or by any other method. The parties intend this Agreement to be a legally binding and enforceable contract under the laws of the State of Florida.

1. Acceptance of Agreement

The Customer’s payment of any invoice or charge, placement of any order, scheduling of any rental, acceptance of delivery, pickup of equipment, possession of equipment, or use of equipment shall constitute the Customer’s full acceptance of this Agreement. The Customer agrees that no handwritten or electronic signature is required for this Agreement to be enforceable. This Agreement shall apply to the current rental transaction and, unless replaced in writing by the Company, to all past, present, and future rental transactions between the Company and the Customer involving the Company’s equipment. Any term contained in any purchase order, work order, email, text message, or other document submitted by the Customer that conflicts with this Agreement is rejected by the Company and shall be void and of no force or effect.

2. True Lease; Ownership of Equipment

This Agreement is a true lease and not a sale, financing arrangement, installment purchase, or transfer of ownership. All portable air conditioning units, accessories, hoses, ducts, window kits, mounting kits, adapters, cords, parts, and any other related items rented, delivered, installed, or provided by the Company (collectively, the “Equipment”) shall remain the sole and exclusive personal property of the Company at all times. The Customer acquires no ownership interest, lien right, or other property right in the Equipment. The Equipment shall not be deemed a fixture and shall not be affixed to real property in any manner that impairs the Company’s ownership rights or ability to remove the Equipment.

3. Identification, Verification, and Rental Eligibility

Before any rental is approved, the Customer shall provide a valid government-issued photo identification acceptable to the Company. The Company may photograph, scan, copy, store, and retain the Customer’s identification, payment method, and related information for identity verification, fraud prevention, recordkeeping, payment processing, collection efforts, and proof of residency or business location. If the Customer’s identification does not show a local South Florida address, the Company may require additional proof of address, lease documentation, temporary housing documentation, hotel information, property documentation, or other proof of location before approving the rental. If the Company cannot reasonably verify the Customer’s identity, address, authority, payment method, or rental information, the Company may deny service, cancel the transaction, refuse delivery, refuse pickup scheduling, or treat the matter as a default under this Agreement.

4. Appointment-Only Rental Requirement

All rentals are strictly by appointment only. The Customer must call the Company before renting any Equipment online or otherwise. No online reservation, booking request, website request, form submission, invoice issuance, or message shall guarantee availability or confirm a rental unless the Company has approved the rental. The Company reserves the right to refuse, cancel, delay, or reschedule any rental request in its sole discretion, including without limitation if inventory is unavailable, the service location is outside the Company’s service area, the site conditions are unsuitable, the Customer has not complied with the Company’s requirements, or the Company has concerns regarding payment, identity, safety, misuse, or return risk.

5. Rental Term, Subscription Nature, and Automatic Renewal

The rental term begins when the Equipment is delivered to the Customer, installed at the Customer’s location, or picked up by the Customer, whichever occurs first. All rented portable air conditioning units and related accessories are considered recurring rental or subscription items unless otherwise stated in writing by the Company. The Customer agrees that the rental shall continue for the initial billing period stated on the invoice, receipt, order, or other Company record and shall automatically renew for each successive weekly, bi-weekly, four-week, monthly, or other billing period used by the Company unless the Customer gives the Company proper advance notice of termination as required by this Agreement. The Customer is responsible for monitoring the billing period shown on the Customer’s invoice, receipt, or rental record. If the Customer fails to notify the Company at least twenty-four (24) hours before the next rental period begins, the Customer shall be charged the full amount of the next rental period. Weekly, bi-weekly, four-week, and monthly rental or subscription charges are not prorated unless the Company expressly agrees otherwise in writing.

6. Rental Rates, Fees, Charges, and Non-Proration

The total charges for the rental transaction are based upon the Equipment rented, the estimated rental period, the delivery or pickup location, the services requested, and other information provided by the Customer to the Company. The Customer agrees to pay all rental charges, subscription charges, delivery charges, pickup charges, installation charges, service charges, cleaning charges, parking charges, transportation charges, surcharges, taxes, governmental charges, and any other charges shown on the Company’s invoice, receipt, estimate, order confirmation, or service record. The sign-up fee or initial setup fee charged by the Company is an installation fee only and is not a delivery fee. Delivery fees are separate and are based on the location of the Customer and the circumstances of the delivery. Rental charges are earned as billed and, unless the Company expressly agrees otherwise in writing, are not subject to refund or proration once the rental period has begun.

7. Deposits and Security for Performance

The Company may require a cash deposit, cashier’s check, card authorization, or other security deposit as a condition of rental. The amount of any deposit shall be determined by the Company based on the number of units rented, the Customer’s location, the length of the rental, the total contract amount, the payment method used, the Customer’s rental history, and the Company’s risk assessment. Any deposit may be applied by the Company, in its discretion, to unpaid rental charges, extended rental charges, service fees, damages, missing parts, cleaning charges, contamination charges, chargebacks, disputed charges, delinquent accounts, collection costs, replacement costs, or any other sums owed by the Customer. Any refund of any remaining deposit amount shall be made only after the Equipment has been returned, inspected, tested, and confirmed by the Company to be in the same good working condition as when provided to the Customer, ordinary wear and tear excepted only to the extent accepted by the Company.

8. Payment Terms and Credit Card Authorization

All amounts due under this Agreement shall be paid when due, without offset, deduction, or delay. The Customer authorizes the Company to charge any credit card, debit card, payment account, or other payment method provided by the Customer for all amounts due under this Agreement, including without limitation rental charges, renewal charges, extensions, delivery fees, pickup fees, installation fees, service call fees, maintenance charges, late fees, returned payment fees, chargeback losses, damage charges, cleaning charges, contamination charges, replacement costs, attorney’s fees, court costs, and collection expenses to the fullest extent permitted by law. If any check is returned unpaid, any card is declined, any payment is reversed, or any payment method fails for any reason, the Customer shall pay the Company a returned payment or failed payment processing fee of seventy-five dollars ($75.00) per occurrence, in addition to all other sums due. Late amounts shall accrue a finance charge at the lesser of one and one-half percent (1.5%) per month or the maximum lawful rate until paid in full. The Customer agrees that the Company may automatically bill recurring rental charges before the end of the applicable billing period.

9. Disputes as to Charges

The Customer shall notify the Company in writing of any disputed charge within forty-eight (48) hours after the charge appears on the invoice, receipt, or payment record. Failure to do so shall constitute the Customer’s irrevocable waiver of the right to dispute that charge, except to the extent such waiver is prohibited by law. A billing inquiry or dispute shall not excuse the Customer from timely paying undisputed charges or from returning Equipment when required.

10. Cancellation Policy and No-Refund Policy

If the Customer pre-orders Equipment for a future pickup, delivery, or installation date, the Company may reserve Equipment and allocate time, labor, transportation, and scheduling resources in reliance on the Customer’s order. If the Customer cancels less than one (1) hour before scheduled pickup, shipment, delivery, or installation, the Customer shall be liable for cancellation charges up to one hundred percent (100%) of the applicable rental charge and all delivery, transportation, and associated costs incurred or reserved by the Company. If the Customer cancels after the Equipment has been shipped, picked up, delivered, or installation efforts have begun, the Customer shall remain liable for the rental charges, delivery charges, installation charges, and any other charges due under the transaction. There are no refunds once rented Equipment has been delivered to the Customer’s address or picked up by the Customer, unless the Company expressly agrees otherwise in writing.

11. Pickup, Return, Renewal Notice, and Continued Charges

If the Customer does not wish to continue the rental into the next billing period, the Customer must call the Company at least twenty-four (24) hours before the next billing period begins so that the Company may schedule pickup or accept return of the Equipment. The Customer must call the Company to schedule return or pickup. Text messages, app messages, emails, voicemails without confirmation, social media messages, or other messaging methods are not valid notice unless the Company expressly accepts them in writing. When the Customer is returning rented Equipment, the Customer must set an appointment with the Company at least twenty-four (24) hours in advance. If the Customer fails to provide timely notice or fails to make the required appointment, the rental shall continue and the Customer shall be charged the full amount for the next rental period and any additional applicable fees. If the Customer picked up the Equipment from the Company, the Customer shall return the Equipment to the same designated location during the Company’s normal business hours unless the Company agrees otherwise. If the Company delivered the Equipment, pickup shall occur at the service address identified in the Customer’s rental record unless the Company agrees in writing to a different pickup location.

12. Delivery, Access, Parking, and Site Conditions

The Customer shall provide the Company and its agents with safe, lawful, and reasonable access to the service location for delivery, installation, inspection, servicing, removal, and pickup of the Equipment. The Customer shall provide any required building access, gate access, elevator access, parking access, loading access, and site cooperation necessary for the Company to perform its services. The Customer shall be responsible for all parking charges, tolls, fees, permits, or access costs incurred by the Company in connection with the rental transaction. If the Customer fails to provide access, proper parking, lawful site conditions, or the conditions required for delivery, installation, servicing, or pickup, the Customer shall remain responsible for all rental charges, delivery charges, trip charges, waiting time, return trip charges, and other costs caused by the Customer’s failure.

13. Installation Conditions and Customer Responsibilities

The Customer acknowledges that portable air conditioning units require proper setup, including proper power supply, sufficient ventilation, and proper exhaust to the outdoors. The Customer must provide an operable and accessible window or other Company-approved exhaust point, together with any additional materials or conditions reasonably required for installation. If the Company provides paid installation at a residential address, that installation service is limited to a standard installation, reasonable access conditions, a normal window opening, and such time and materials as the Company determines are included in the quoted installation fee. If the Customer’s window, opening, wall, exhaust path, electrical setup, structure, or site requires additional labor, custom materials, additional adapters, additional sealing, unusual access, or extra time, the Customer shall pay the additional charges determined by the Company. If the Customer does not provide proper site conditions, adequate power, or a workable exhaust setup, that failure shall not be deemed the fault of the Company, and the Customer shall remain responsible for the rental, delivery, and installation-related charges.

14. Electrical Requirements and Extension Cord Policy

The Customer shall provide the electrical power necessary to operate the Equipment safely and according to the manufacturer’s specifications and the Company’s instructions. Each air conditioning unit generally requires its own appropriate electrical circuit and shall not be overloaded or operated in a manner that exceeds the safe capacity of the outlet, circuit, or breaker. The Equipment is intended to be plugged directly into a wall outlet and not into a power strip, plug extender, or ordinary electrical extension cord. If the Customer nevertheless chooses to operate a unit using an extension cord, the Company only recommends a heavy-duty yellow 20-amp extension cord, with no more than one AC unit connected per cord. The Company does not provide extension cords. The Customer assumes all risk of fire, overheating, breaker trips, reduced performance, equipment malfunction, damage, or loss arising from the use of any extension cord, plug extender, adapter, generator, improper outlet, shared circuit, or improper electrical setup. Any problem caused in whole or in part by the Customer’s electrical setup shall be the Customer’s responsibility.

15. Permitted Use, Operation, and Safety

The Customer shall use the Equipment only in a careful, safe, and lawful manner and only for its intended purpose. The Customer shall inspect the Equipment upon receipt and before use and shall immediately notify the Company of any apparent defect, missing part, unsafe condition, or visible damage. The Customer shall not allow the Equipment to be used by children or by any person who is unable to operate it safely. The Customer shall keep children and pets away from the Equipment, the exhaust hose, and all related components. The Customer shall not leave the Equipment operating unattended for extended periods and shall supervise the Equipment frequently while it is running. The Customer acknowledges that portable AC exhaust hoses and components can become hot during operation and may cause burns or injury if touched. The Customer assumes all responsibility for safe operation of the Equipment at the service location.

16. Maintenance, Filter Cleaning, and Condition of Equipment

The Customer is responsible during the rental period for routine care of the Equipment, including keeping the Equipment reasonably clean and cleaning the AC unit’s air filter as needed. If the Customer wants the Company to clean the air filter or perform other non-warranty maintenance, the Company may perform such service at additional cost, with charges based on location, labor, access, difficulty, and other site conditions on a case-by-case basis. Reduced airflow, reduced performance, icing, shutdown, or other problems caused by a dirty filter, poor maintenance, improper placement, blocked airflow, improper exhaust, improper electrical supply, or other Customer-caused condition are not defects in the Equipment and shall be the Customer’s responsibility.

17. Service Calls; Customer-Caused Issues

If the Customer reports that the Equipment is not working properly and requests a service call, the Customer shall promptly provide the Company with access to inspect the Equipment and the surrounding operating conditions. If, after inspection or diagnosis, the Company determines that the problem was not caused by a defect in the Equipment, but instead was caused in whole or in part by the Customer’s power supply, circuit, extension cord use, dirty filter, blocked exhaust, improper setup, misuse, environmental conditions, user error, contamination, relocation, or any other cause not attributable to a defect in the Equipment itself, the Customer shall pay a service call fee of seventy-five dollars ($75.00), in addition to any labor, travel, or repair-related charges otherwise due.

18. Prohibited Acts; No Unauthorized Repairs or Alterations

The Customer shall not remove, reinstall, relocate, modify, dismantle, open, repair, tamper with, alter, repaint, relabel, or otherwise interfere with the Equipment or any mounting kit, hose, adapter, accessory, or component provided by the Company, except for ordinary user adjustments that are clearly intended by the manufacturer. The Customer shall not use glue, duct tape, permanent adhesive, chemical agents, fragrances, solvents, paints, sealants, or any substance on or in the Equipment unless expressly authorized in writing by the Company. Only the Company or its authorized agents may perform repairs, replacements, modifications, or removal of the Equipment. Any unauthorized work on the Equipment shall be deemed misuse and damage under this Agreement.

19. Chemical, Fragrance, and Contamination Restrictions

The Customer shall not spray, pour, apply, or use any chemical, deodorizer, fragrance, scent product, cleaner, pesticide, solvent, oil, adhesive, disinfectant, smoke treatment, odor treatment, or other substance on or inside the Equipment. If the Equipment is returned with chemical residue, strong odor, fragrance contamination, smoke contamination, biological contamination, hazardous residue, or any other contamination that in the Company’s judgment affects the cleanliness, safety, value, function, or re-rentability of the Equipment, the Customer shall be responsible for all cleaning costs, restoration costs, and if restoration is not practical, the full replacement cost of the affected Equipment.

20. Damage, Loss, Missing Parts, and Replacement Cost

The Customer is fully responsible for the Equipment from the time of delivery or pickup until the Equipment is actually returned to and accepted by the Company. The Customer shall pay for all loss of or damage to the Equipment, all theft, all disappearance, all destruction, all contamination, all misuse, and all missing parts or accessories, regardless of cause, except only to the extent directly caused by the Company’s proven gross negligence or willful misconduct. If any part of the Equipment or mounting kit is lost, broken, damaged, or not returned, the Customer shall pay the cost to replace that part, including shipping, delivery, labor, and administrative costs. If the Equipment is damaged beyond repair, rendered unsafe, rendered commercially impractical to repair, or otherwise becomes worthless or unusable in the Company’s judgment, the Customer shall pay the full replacement cost of the Equipment, together with any associated shipping, sourcing, administrative, and downtime costs. The Company may determine whether Equipment is repairable or must be replaced.

21. Return Condition

The Customer shall return the Equipment in the same condition in which it was received, ordinary wear and tear excepted only as reasonably determined by the Company. The Equipment must be free of hazardous materials, chemicals, contamination, excessive dirt, odors, missing parts, broken components, unauthorized tape or adhesives, and any condition that impairs the Equipment’s safety, operation, appearance, or re-rentability. Until the Equipment is returned in acceptable condition and accepted by the Company, the Customer shall remain liable for continued rental charges and all other amounts due.

22. Performance Disclaimer; No Guarantee of Cooling Result

The Company does not guarantee any specific level of cooling, temperature reduction, room performance, humidity reduction, comfort result, building performance, or suitability of the Equipment for the Customer’s specific application or expectations. The Company’s only representation is that, when provided in working condition, the Equipment is intended to operate substantially in accordance with the manufacturer’s general specifications, subject to site conditions, room size, insulation, airflow, heat load, power quality, maintenance, and other factors outside the Company’s control. Dissatisfaction with cooling performance, when the Equipment is otherwise functioning as designed, shall not excuse payment or create a right to refund.

23. Insurance and Risk of Loss

The Company does not provide building insurance, property insurance, liability insurance, casualty insurance, inland marine insurance, renter’s insurance, or any other insurance covering the Customer’s premises, personal property, business property, operations, or use of the Equipment. The Customer is solely responsible for obtaining and maintaining any insurance the Customer deems necessary or that may be required by the Customer’s landlord, property manager, insurer, building, employer, or other third party. The Customer bears the risk of loss to the Equipment and all risk associated with the use, placement, installation, or operation of the Equipment during the rental period.

24. Limitation of Company Responsibility

The Company shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation loss of use, loss of profit, loss of business, loss of goodwill, inconvenience, water damage, mold, electrical issues, circuit overloads, fire-related claims not caused solely by the Company’s proven gross negligence, delay-related losses, or damages caused by improper site conditions, improper electrical supply, extension cord use, blocked exhaust, lack of maintenance, contamination, misuse, or any cause outside the Company’s reasonable control. The Customer agrees that the Company is not the insurer of the Customer’s property or business and is not responsible for losses arising from the Customer’s decision to use rented Equipment.

25. Indemnification and Hold Harmless

To the fullest extent permitted by law, the Customer shall defend, indemnify, and hold harmless the Company and its owners, employees, agents, contractors, representatives, successors, and assigns from and against any and all claims, actions, damages, liabilities, losses, fines, penalties, costs, and expenses, including attorney’s fees and court costs, arising out of or related to the Equipment, the rental transaction, the delivery site, the Customer’s possession or use of the Equipment, the Customer’s breach of this Agreement, any injury to persons, or any damage to property, except only to the extent finally determined by a court of competent jurisdiction to have been caused solely by the Company’s gross negligence or intentional misconduct.

26. Company’s Right to Inspect and Access Equipment

The Company shall have the right, upon reasonable notice when practical or immediately in the event of default, emergency, or risk to the Equipment, to inspect the Equipment wherever located and to enter the premises or location where the Equipment is kept for purposes of inspection, servicing, protection, removal, repossession, or recovery of the Equipment, to the extent permitted by law. The Customer represents that the Customer has authority to permit such access or will secure such access for the Company.

27. Default

The Customer shall be in default under this Agreement if the Customer fails to pay any sum when due, fails to return the Equipment when required, breaches any provision of this Agreement, provides false or misleading identification or information, disputes or reverses charges without lawful basis, prevents inspection or recovery of the Equipment, damages the Equipment, allows seizure risk to arise, or if the Company in good faith deems itself insecure regarding payment, return, condition, or lawful possession of the Equipment. Upon default, the Company shall have all rights and remedies available at law and in equity, including the right to terminate the rental immediately, suspend services, declare all amounts immediately due, charge the Customer for continued rental periods, recover the Equipment without further notice to the extent permitted by law, and pursue the Customer for all amounts due.

28. Repossession and Failure to Return Equipment

If the Customer fails to return the Equipment immediately upon the Company’s demand or at the end of the rental period, the Company may repossess or recover the Equipment without prior notice, without waiving any other rights, and without releasing the Customer from liability for all amounts due. To the extent permitted by law, the Customer waives any claim against the Company for lawful repossession or recovery efforts. The Customer understands that the use of false identification to obtain Equipment or the failure to return Equipment may be treated as theft or unlawful retention and may subject the Customer to civil liability and, where applicable, criminal investigation or prosecution.

29. Attorney’s Fees, Court Costs, and Collection Expenses

If the Company retains counsel, uses a collection agency, files suit, defends a claim, or otherwise incurs expense to enforce this Agreement or recover any amounts or Equipment, the Customer shall pay all reasonable attorney’s fees, collection costs, court costs, litigation expenses, skip-tracing expenses, repossession costs, expert fees, and related enforcement expenses incurred by the Company to the fullest extent permitted by law. In any litigation arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and court costs.

30. Governing Law, Venue, and Jurisdiction

This Agreement shall be governed by and construed under the laws of the State of Florida, without regard to conflict of law principles. The parties agree that any suit, action, motion, or proceeding arising out of or related to this Agreement, the Equipment, or the rental transaction shall be brought exclusively in a state court of competent jurisdiction located in Broward County, Florida, or, if jurisdiction is proper, in the appropriate federal court serving Broward County, Florida. The Customer consents to personal jurisdiction and venue in such courts.

31. Severability; Waiver; No Oral Modification

If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law. No waiver by the Company of any breach or default shall be deemed a waiver of any prior, concurrent, or subsequent breach or default. No oral statement, prior discussion, course of dealing, or informal communication shall modify this Agreement. Any modification must be in a written instrument issued or approved by the Company.

32. Entire Agreement

This Agreement, together with the Company’s invoice, receipt, order confirmation, and any written addendum signed or issued by the Company for the particular rental, constitutes the complete and entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous discussions, negotiations, understandings, advertisements, and agreements relating to the rental of the Equipment.

Customer Name: ___________________________

Company Name: Portable AC Rental Corp.

Customer Signature: ________________________________

Date: ____________________________________

Service Address: __________________________________

Phone Number: ___________________________________