Lease Terms and Conditions - Global
These Terms and Conditions (the “Terms and Conditions”) shall become effective as of the date set forth.
1.1 “Choose 2 Rent” shall mean Choose 2 Rent Inc. and its employees, agents, or authorized representatives providing the services prescribed herein on its own or by and through independent third-party companies hired to provide services as per the Contract.
1.2 “Contract” shall mean agreements between Customer and Choose 2 Rent both for rental of equipment and services and for the purchase of equipment or consumables including but not limited to job contracts, sales contracts, etc.
1.3 “Customer” shall mean the person, firm, company (its employees, agents, representatives, successors, or assigns) hiring the services of Choose 2 Rent Inc.
1.4 “Disclaimer” shall mean an additional statement acknowledged and agreed to by Customer pertaining to a specific Equipment, product, or service.
1.5 “Equipment” shall mean one or more devices, apparatuses, tools, supplies, appliances, paraphernalia, accessories, parts, implements, and/or furnishings rented to the Customer pursuant to the Contract.
1.6 "Last Change Date" shall mean the date after which changes to the Contract shall apply fees as prescribed in the Fee Schedule attached hereto as Exhibit A and incorporated herein by reference; Last Change Date shall be identified in the Contract.
2.1 The Contract is effective when one of the following events takes place:
2.1.1 The Customer uses the Choose 2 Rent website to create a Contract for Equipment, products, and/or services, and agrees to the terms and conditions, which is followed by an email confirmation sent by Choose 2 Rent confirming the online Contract, and/or
2.1.2 The Customer requests a quote via the Choose 2 Rent website. Choose 2 Rent then presents a Contract quote to be signed by Customer, which is then followed by an email confirmation sent by Choose 2 Rent confirming the reservation.
3.1 The rental period is quoted in calendar days as set forth in the Contract.
3.2. The beginning of the rental period is the date in which the Customer has requested to receive the Equipment and is listed in the Job Contract.
3.2.1 Choose 2 Rent will not charge its Customers rental fees for the days that the Equipment is in transit.
3.2.2 If the Equipment arrives at the Customer’s location before the agreed beginning date, the Customer shall not be charged rental fee for such additional time.
3.3 The end of the rental period is listed on the Job Contract and shall be the earlier of a) the date when the Customer must return the Equipment to a Choose 2 Rent office location, b) the date when Customer must tender the shipment to a recognized shipping service, or c) the date provided by the Customer to Choose 2 Rent through written communication as the date on which the shipment is ready for collection by an independent courier that has been pre-arranged by Choose 2 Rent or Customer.
3.4 Under no circumstances should the Customer give Equipment to any person present at the Choose 2 Rent office location unless confirmed to be a Choose 2 Rent employee.
3.5 If the Customer wishes to keep the Equipment for an extended period of time, the Customer must contact Choose 2 Rent, obtain a written quotation of the applicable extension fee, and sign applicable extension agreement forms.
4.1 The Customer shall fully pay all applicable fees according to the terms of the Contract. All payments due must be fully received and credited in Choose 2 Rent’s account prior to the equipment being shipped.
4.1.1 Up-front payment may be required for costs due to custom branding, custom consumables, and labor.
4.1.2 Customers not on payment terms must pay all Contract costs prior to shipping.
4.1.3 For Customers paying via ACH, payments must credit to Choose 2 Rent prior to shipment.
4.1.4 Choose 2 Rent only accepts check as form of payment from not-for-profit organizations who present any of the following certifications of not-for-profit status:
a. a reference to the applicant organization’s listing in the Internal Revenue Service’s (IRS) most recent list of tax-exempt organizations described in section 501(c)(3) of the IRS Code;
b. a copy of a currently valid IRS tax exemption certificate;
c. a statement from a State taxing body, State Attorney General, or other appropriate State Official certifying that the applicant organization has a nonprofit status and that none of the net earnings accrue to any private shareholders or individuals;
d. a certified copy of the organization’s certificate of incorporation or similar document that clearly establishes nonprofit status; or,
e. any of the above proof for a State or national parent organization and a statement signed by the parent organization that the applicant organization is a local nonprofit affiliate.
4.2 The Customer shall pay all sums listed in the Contract to Choose 2 Rent without any set-off or deduction unless such deduction is confirmed by Choose 2 Rent in writing.
4.3 Late payments shall accrue interest on the unpaid balance amount from the date that such unpaid amount became due and payable at the interest rate of 12% per annum, to be pro-rated daily.
4.4 Choose 2 Rent reserves the right to place a hold on the Customer's credit card in the amount of the Contract.
4.5 The deposit will be charged to the Customer’s credit card on the day the shipment takes place.
4.6 Such deposit shall be released by Choose 2 Rent as soon as the Equipment is returned in proper condition as per Choose 2 Rent sole discretion
4.7 If the Rental Fee is paid via credit card, the Customer’s credit card must have sufficient funds to cover the Rental Fee, as well as a maximum of a US$500.00 deposit.
4.8 For new Customers, Choose 2 Rent may require on its owns discretion a larger security deposit.
4.9 In the event the debit card and/or credit card is in an organization’s name only, the natural person completing the Contract confirms that he/she is the guarantor assuming financial responsibility for payment and physical responsibility for the Equipment, and shall be personally liable for any charges incurred, outstanding amounts due, as well as any damages, collection charges and attorney’s fees.
5.1 The Customer acknowledges that additional fees may be incurred at the end of the rental period as more fully described in Exhibit A.
5.2 If the Customer requires separate invoices or job numbers for these additional expenses, the Customer must inform Choose 2 Rent and request the issuance of the additional invoice. Choose 2 Rent will make reasonable efforts to accommodate such requests but cannot guarantee separate invoicing for additional expenses.
5.3. The Customer acknowledges that delayed returns, incomplete Equipment, improperly configured Equipment, and any other set of circumstances whereby Customer’s action or inaction creates additional labor demands on Choose 2 Rent, would inherently cause tangible and/or intangible damage on Choose 2 Rent. As such, Customer agrees that Choose 2 Rent reserves absolute discretion to add the sum of fifteen percent (15%) of the Contract value as pre-set liquidated damage when so applicable. Liquidated damages are not intended to be a penalty and are solely intended to compensate Choose 2 Rent for quantifiable and/or non-quantifiable damages.
6.1 Choose 2 Rent or its authorized third-party contractor shall deliver the Equipment to the address and consignee listed in the Contract. Delivery shall take place on the day of, or prior to, the commencement date of the rental period as prescribed in the Contract.
6.1.1 Customer may assign an agent over the age of 18 to act for the Customer to pick up, receive, drop off, setup or operate Equipment. Customer agrees to notify Choose 2 Rent in writing when assigning an agent to pick up or receive Equipment. Customer agrees to inform agent of its responsibilities under the Contract including but not limited to the Equipment’s time availability, receiving instructions, proper Equipment operation, and Equipment pickup and/or return time. Use of an agent does not limit Customer’s responsibilities under these Terms and Conditions.
6.2 For multiple item Contract s, Choose 2 Rent will use its best effort to assemble all items and ship all Equipment together. Should any Equipment be unavailable, any additional costs incurred from multiple shipments shall be covered by Choose 2 Rent.
6.3 The Customer must accept delivery of the goods on the day the carrier first attempts to deliver.
6.4 In the event that the shipping carrier makes its first attempt to deliver the Equipment after the start of the Contract, the Customer will receive a refund for the days the Customer has been unable to use the Equipment.
6.5 When a carrier has made an attempt to deliver the Equipment in due time and form, but the Customer was not present to accept the delivery or the address provided for delivery is either incorrect or subsequently modified, the rental period shall accrue from the date as set forth in the Contract.
6.6 The Customer agrees to return the Equipment to Choose 2 Rent at the agreed return date indicated on the Contract. To avoid late fees, the return shipment must be tendered to or collected by the carrier no later than the next business day after the rental end date. Late fee charges are listed in Exhibit A, incorporated herein by reference.
6.7 The Customer shall return the Equipment and accessories in the same condition and in the same packaging as was provided at the start of the rental.
6.8 If the Equipment is returned without its accessories, the Customer will be invoiced for the cost of the replacement of these items and/or will be charged for additional rental days until the return of all accessories is complete.
6.9 Choose 2 Rent shall not assume any responsibility over the articles, data and/or items belonging to Customer or third parties that may have been left with the Equipment at the end of the rental. Specifically, Choose 2 Rent reserves the right to discard any item returned by Customer that was not identified in the Contract.
6.10 If return shipping is included in the Contract, the Customer is responsible for packing the Equipment, attach the included shipping label, and tendering it through the carrier indicated on the shipping label.
6.11 The Customer is responsible for packing the return shipment using the supplied packaging material. Each device must be wrapped or encased separately, and each shipping container needs to be filled up with filling material to prevent damage during shipment. The shipping container must be securely sealed with the name and address of Choose 2 Rent’s return address clearly marked on the outside.
6.12 Under the scenario that Choose 2 Rent has not hired the return shipping services, the Customer agrees to use next business day shipping provided by a recognized overnight courier service, and shall hire insurance furnished by the overnight courier service to cover the total value amount of the Contract.
6.13 If the Customer chooses at its own discretion to leave the return shipment at the venue for collection by the carrier, it is the Customer’s sole responsibility to ensure that collection is performed and completed in due time and form. Customer shall be responsible for payment of any additional fees that may apply.
6.14 Customer should retain all unused consumables. A restocking fee will apply for unused consumables returned with the Equipment.
6.15 Ensure that any Equipment protective cases are properly sealed during preparation for shipping using seals provided by Chose 2 Rent. If customer uses corrugated boxes, the boxes need to be sealed with tape for return shipping.
6.16 Remove all label rolls, name badge rolls, or ribbon rolls from printers during return transit.
6.17 No return shipment shall be mailed out through carriers not previously approved and consented by Choose 2 Rent. Specifically, the Parties hereby confirm that no shipment will be conducted via United States Postal Service (USPS) unless previously consented by Choose 2 Rent.
6.18 Items purchased from Choose 2 Rent online store are not required to be returned unless explicitly stated at the time of purchase.
6.19 Online Store Purchases Return Policy. Customers who wish to return items purchased from the online store may do so subject to the following return policy:
6.19.1 Unopened purchases may be returned within 14 days of receipt.
6.19.2 To be eligible for a return, the following conditions must be met:
a. The item must be in its original condition and packaging.
b. The item must be unused and in the same condition in which it was received.
c. The item must be accompanied by the original receipt or proof of purchase.
d. The customer is responsible for return shipping.
6.19.3 Custom branded items such as custom printed lanyards or custom printed name badges are not eligible for a refund.
6.19.4 Upon receipt of a return, Choose 2 Rent will inspect it and notify Customer of the approval or rejection of Customer’s refund. If Customer’s refund is approved, Choose 2 Rent will initiate a refund to Customer’s credit card or original method of payment, within a seven (7) business days.
6.19.5 Shipping costs for online store purchases are non-refundable.
7.1 Ownership of the Equipment always remains with Choose 2 Rent. The Customer must not portray itself as the owner of the Equipment
7.2 Responsibility for the Equipment shall lie with the Customer for the duration of the rental period even in circumstances where the Equipment is at a venue not controlled by the Customer. Specifically, the Customer must take adequate and proper measures to protect the Equipment from misuse, theft, damage, and/or other risks. Customer shall be responsible for obtaining required permission from the venue prior to venue’s receipt of Equipment.
7.3 The Customer shall take reasonable care of the Equipment, only use it for the appropriate purpose and in a safe manner consistent with any operating and/or safety instructions supplied to the Customer.
7.4 The Customer must notify Choose 2 Rent within 24 hours after any breakdown, loss and/or damage to the Goods.
7.5 The Customer must permit Choose 2 Rent to inspect the Equipment including procuring access to any premises where the Equipment is situated at all reasonable times.
7.6 The Customer agrees to begin operating the Equipment only upon full understanding of the Equipment’s operation. If agreed upon, Choose 2 Rent may provide Customer operational instructions.
7.7 Customer agrees to the following actions:
7.7.1 Inform Choose 2 Rent when using Equipment outdoors and follow any specific instructions regarding outdoor use;
7.7.2 Not to expose Equipment to harsh conditions including but not limited to: dust, sand, moisture, extended direct sunlight or heat sources;
7.7.3 Use care in handling Equipment including placing Equipment on secure, level surfaces; properly securing cables to prevent tripping and accidental power down; and securing Equipment for safe and secure transportation and storage.
7.7.4 Ensure that any consumables used with the Equipment are supplied by Choose 2 Rent or otherwise compatible with the Equipment.
7.7.5 Refrain from opening, accessing, or tampering with the Equipment’s casement, housing, shell, or otherwise accessing the interior components of the Equipment except for normal operation.
7.7.6 Ensure that any Equipment protective cases are properly sealed during preparation for shipping using seals provided by Chose 2 Rent. If customer uses corrugated boxes, the boxes need to be sealed with tape for return shipping.
7.8 The Customer shall not:
7.8.1 Remove any labels from and/or interfere with the Equipment, including manufacturer stickers. Removal of labels (asset stickers) may incur a fee or device replacement costs.
7.8.2. Apply any labels/stickers to devices. If applied, a cleaning fee may be charged.
7.8.3. Use the Equipment close to flammable or dangerous goods, as well as toxic, corrosive, radioactive or other harmful substances.
7.8.4. Connect any additional accessories other than those provided from Choose 2 Rent prior to obtaining written authorization from Choose 2 Rent.
7.8.5. Intentionally commit any offense or conduct illegal activities by and through the Equipment.
7.8.6. Remove equipment from the destination country unless given written consent by Choose 2 Rent.
7.8.7. Tamper with the Equipment’s configuration, including, but not limited to, logging into iCloud or other cloud-based services or changing router settings.
7.9 Any action the Customer takes upon the rented device that exceeds the expected scope of use is strictly at Customer’s own risk. Choose 2 Rent will not be liable for any losses and damages in connection with atypical use of the Equipment.
7.10 Labor fees for dispatching a technical support representative may apply if Equipment is found to be reconfigured or Customer did not make best efforts to follow steps outlined on the instructions provided during the technical support telephone call and external technical support assistance needs to be deployed.
7.11 Cleaning fees and or damage charge may be incurred if evidence of exposure to harsh conditions exists upon Equipment return.
8.1 The Customer is required to check the completeness of the entire delivery and the proper working conditions of the Equipment immediately upon receipt of the Equipment.
8.2 In case a defect or malfunction is found, or accessories, parts and/or Equipment is missing in the shipment, the Customer must inform Choose 2 Rent immediately by email at info@choose2rent.com or by phone at +1 (800) 622-6484 extension # 3 and report the defect. Reclamations raised after a 24-hour period from receipt will not be accepted. If the Customer fails to inform Choose 2 Rent about any defect or missing Equipment, it is considered that the Customer received the shipment in complete and proper conditions.
8.3 In the event of a timely notification from Customer of a defect or malfunction, or missing accessories, parts and/or Equipment, Choose 2 Rent may elect to send a second shipment to remedy the defect, malfunction, or missing items.
8.3.1 Any second shipment shall be considered a full resolution of the Customer’s notification pursuant to this section, and no refund will be issued.
8.3.2 Customer shall be responsible for receiving and checking any second shipment and returning any second shipment in accordance with the section herein titled “DELIVERY AND SHIPPING MATTERS; RETURN AND COLLECTION.”
9.1. The Customer is fully responsible for any damages to the Equipment from the date the Equipment is received until the Equipment has been returned to Choose 2 Rent.
9.2 Responsibility under these Term and Conditions always remains with the Customer irrespective that the Equipment is being used by final users beyond the control of Customer.
9.3 If Equipment is returned in a damaged, unclean, and/or defective condition, the Customer shall pay Choose 2 Rent for the cost of any repair and/or cleaning required to restore the Equipment to the original condition as it was delivered.
9.3 In the event that Equipment is lost, stolen or damaged during the rental period, the Customer shall fully compensate Choose 2 Rent for full replacement cost and/or repair costs, administration charges, as well as lost rental income for the time of repair or re-acquisition (“Restitution Damage”). No additional authorization or consent is required for Choose 2 Rent to charge the credit card on file to cover for the Restitution Damage.
9.4 Choose 2 Rent shall use its reasonable commercial endeavors to procure repairs or replacements for Equipment as quickly as possible.
9.5 Choose 2 Rent reserves the absolute right to assess any dispute over delivery of Equipment and make a final determination of the status of missing equipment. Such determination shall not be vetoed by the Customer.
9.5.1 In the event that any Equipment or part thereof is missing, lost or damaged, or not returned within 24 hours from the end of the rental period, the deposit held will be automatically charged. No additional authorization or consent is required for Choose 2 Rent to charge the credit card on file. Additionally, Choose 2 Rent reserves the right to issue additional invoices to cover the monetary damage, which would exceed the value of the deposit held.
9.5.2 In the event that the Equipment and/or accessories are not returned to Choose 2 Rent within ten (10) days after the expiration of the rental period, Choose 2 Rent shall be entitled to charge the credit card on file to cover for the Restitution Damage minus the deposit amount that was previously charged. No additional authorization or consent is required for Choose 2 Rent to charge the credit card on file to cover for the Restitution Damage.
9.6 The Customer is entitled to obtain a Choose 2 Rent Care insurance policy. This optional insurance plan is available for all Equipment offered by Choose 2 Rent. The election or rejection of the insurance policy occurs when the Customer makes the reservation of the Equipment. The election of the insurance policy and associated cost shall be subsequently stated in the Contract.
9.7 The insurance covers 90% of the repair and/or replacement cost of the Equipment only. The insurance does not cover “Restitution Damages”. The Customer shall cover the deductible of 10% of the repair and/or replacement cost of the Equipment and Restitution Damages.
9.8 The Customer shall inform Choose 2 Rent of any Equipment damage by phone, email or through the online service forms, within 24 hours of the incident to receive full insurance benefits (if and when applicable).
9.9 Aspects not covered by the insurance policy, shall be fully covered by the Customer, which include but are not limited to the following events:
9.9.1 Misuse of the Equipment
9.9.2 Bodily injury and/or property damage to a third party resulting from an accident involving the Equipment.
9.9.3 Theft, accessories, intentional damage, administration charges, lost rental income for the time of repair or re-acquisition; and/or
9.9.4 Restitution Damages.
9.10 Customer agrees to indemnify and hold harmless Choose 2 Rent for damages and liability to the Equipment, persons, and property resulting from all the events not covered by the insurance policy.
9.11 Customer agrees to hold Choose 2 Rent its officers and employees free and harmless from and to indemnify and defend Choose 2 Rent against any and all suits, actions, proceedings, claims, judgments, demands, costs and charges for legal expenses and penalties resulting from injury or damage to any and all persons and property arising out of or in connection with the Equipment herein.
10.1 Choose 2 Rent reserves the right to change the Contract up to 72 hours before the delivery of the Equipment or services.
10.2 Choose 2 Rent reserves the right to refuse rental of Equipment when Customer cannot provide proper documentation showing right to use copyright material.
10.3 These terms and conditions may be updated periodically.
10.4 Customers agree to be bound by the terms and conditions in effect at the time the Contract is executed; amendments shall not apply to ongoing Contracts.
10.5 Any request to change the rental start date after the Last Change Date must be submitted in writing to info@choose2rent.com. Such requests will be considered on a case-by-case basis; additional fees or rental extension charges may apply pursuant to the terms and conditions as prescribed in the Cancellation Fee section.
10.6 Requests to remove or modify specific items from the terms and conditions, will not be accepted unless explicitly agreed to in writing by an authorized representative of Choose 2 Rent.
10.7 Customer shall not assign, transfer and/or sub-lease the Equipment to any other party without the previous written consent from Choose 2 Rent.
11.1 Except as set forth herein, neither the Customer nor Choose 2 Rent shall be entitled to terminate the Contract unless agreed in writing by both parties.
11.2 Cancellations of reservations may be made by email pursuant to the cancellation policies prescribed below. Exceptions are more fully described in Exhibit A
11.2.1 The Customer may cancel the Contract without any penalty fees if it is submitted no later than two (2) weeks before the Equipment ship date listed in the Contract.
11.2.2 The Customer agrees to pay Choose 2 Rent a cancellation fee in the amount of fifty percent (50%) of the total rental rate as prescribed in the Contract if cancellation occurs no later than two (2) weeks before the Equipment ship date listed in the Contract.
11.2.3 No refunds shall be given if the Customer cancels the Contract less than seventy-two (72) hours before the Equipment ship date listed in the Contract.
11.2.4 Choose 2 Rent shall not refund Customer for consumables and expenses such as prebooked flights, scheduled freight/courier services, or other related costs. A restocking fee may apply for unused consumables as more fully described in
Exhibit A.
11.2.5 Choose 2 Rent shall not refund Customer for shipping expenses once a shipment has been tendered to the shipping carrier.
11.2.6 Cancellation of Custom Consumables After Customer’s Approval. Cancellation of Custom Consumables including but not limited to badges, faceplates, and kiosk branding, shall not be permitted once the preliminary artwork presented by Choose 2 Rent to Customer for approval has been formally confirmed by Customer. Subsequently, no refunds will be issued following such approval.
11.3 Cancellations will take effect at the date and time the cancellation is successfully recorded in Choose 2 Rent reservation system. A cancellation is considered confirmed once a cancellation confirmation notification is sent to the Customer via email.
11.4 No refund or credit shall be given to the Customer for Equipment returned early without prior written authorization from Choose 2 Rent.
11.5 Choose 2 Rent’s performance under the Contract may be delayed due to unforeseeable and unavoidable delays caused by federal, state or municipal actions, statutes, ordinances or regulations; force majeure such as acts of god, hurricanes, earthquakes, other adverse weather conditions; war or terrorism; strikes or labor disputes; or any other unforeseeable incidents outside of Choose 2 Rent’s control which shall make such performance impossible of impractical.
12.1 The Parties may arrange the services of an on-site technician for an additional fee. Additionally, the Customer may be charged additional fees for the technician's time and travel expenses. Such hiring and applicable fees shall be agreed upon and duly memorialized in the Contract.
12.2 The Customer agrees to provide and/or make arrangement to provide the on-site technician necessary access to the venue to perform the required services.
12.3 Cancellation of either on-site or virtual technician services may result in fees as outlined in the Cancellation Fee section.
13.1 Choose 2 Rent handles personal data with outmost care and protective measures. Personal information is collected, stored and processed in accordance with required legal provisions. The personal data the Customer provides to Choose 2 Rent for a Contract or to request a quote are only used for the purpose for which the Customer has made the data available. In the event of a Contract being placed, certain applicable limited information will be shared with the courier company responsible for delivery.
13.2 Choose 2 Rent uses a third-party processing company for payments conducted via credit card. The Customer's payment details are securely handled by the payment processing company platform. Choose 2 Rent assures to its Customers that it will not share personal information to any third parties, besides the payment processing company, unless Choose 2 Rent is required by law or to comply with provisions of the USA Data Protection Act.
13.3 Personal Data from the Customer and/or final users that has been left on the Equipment will be deleted upon discovery.
13.4 All Contracts, business plans, technical data, pricing, and other information of any kind, written or oral, of Choose 2 Rent, including, but not limited to, third party business relationships, are considered Choose 2 Rent trade secret information. As such, Customer will keep all such information confidential and shall not share the information with or form business relationships with any third-party provider of the equipment or services offered to Customer by Choose 2 Rent which in any way could circumvent the intent of these Terms and Conditions. The provisions of this section shall survive the termination of the Contract.
14.1 Choose 2 Rent maintains and services Equipment in accordance with manufacturer’s specifications and industry practice. Choose 2 Rent does not, however, warrant or guarantee that the Equipment being provided is free of defect and/or malfunction. Should any Equipment malfunction, Choose 2 Rent’s liability shall be limited to the pro-rata rental amount of that specific piece of Equipment.
14.2 Choose 2 Rent will under no circumstances be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
a. any loss of profits, sales, business, or revenue; or
b. loss or corruption of data, information, or software; or
c. loss of business opportunity; or
d. loss of or damage to goodwill; or
e. any indirect or consequential loss.
14.3 Third party rights. This Agreement is between the Customer and Choose 2 Rent. No other person has any rights to enforce any of its terms.
14.4 No employment or joint venture. The employees of each Party shall not be deemed to be employees of the other. Nothing in this Agreement shall be construed to make the Choose 2 Rent and Customer an agent, employee, joint venture or legal representative. The Customer shall not have, and shall not represent that it has any authority to bind Choose 2 Rent to assume or create any obligations, express or implied, to enter into any agreements, or to make any warranties or representations on behalf of Choose 2 Rent or in Choose 2 Rent’s name except as expressly authorized herein.
15.1 Any controversy or claim arising out of or relating to the Contract or these Terms and Conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
15.2 Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of the United States of America without giving effect to any principles of conflict of law. The Customer hereby consent to the exclusive jurisdiction of the courts of the State of Florida in the United States of America in respect of any disputes related to or arising in connection with the website, or any other relevant terms and conditions, policies and notices or any matter related to or in connection therewith. In any action or arbitration related to or arising from the Contract, the venue shall be in Miami-Dade County, Florida. In any action or arbitration related to or arising from the Contract, the prevailing party shall be entitled to its reasonable attorney’s fees and costs.
15.3 By executing the Contract, the Customer acknowledges that it has read, understood, and agrees to be bound by all the provisions set forth in these Terms and Conditions.
After-Hours Service Fee: US$ 250
Contract received and confirmed after 6pm (local time of the Fulfillment Center) on the same business day as the Contract ships. Also, applies to weekends and holidays.
FedEx/UPS Collection Request: US$ 50
Charged for each occurrence whether collection is successful or unsuccessful. Covers administrative cost of Choose 2 Rent placing and monitoring the request and carriers collection scheduling fee.
International Customs Fee:
Customs charges may apply to all international Contracts. A ten percent (10%) advance customs fee will be added to the Contract. However, custom charges are subject to change; the full amount will be determined at the end of the rental period when goods are returned the Choose 2 Rent. Should customs be less than the 10% advance custom fee charged at the Contract, a refund will be applied within ten (10) business days of final customs invoice. However, if customs fees are higher than the ten percent (10%) advance custom fee, the Customer shall replenish its account and pay the difference within ten (10) business days of final customs invoice. Final international custom charges may take up to four (4) weeks after delivery to be determined.
Last Minute Change Fee After the Last Change Date noted in the Contract:
Liquidated Damages:
15% of the Contract cost.
Recovery Service Fee: US$ 100
For Contracts that require assistance with recovering shipment and/or lost equipment.
Rush Service Fee: US$100
Contracts received and confirmed between 2pm and 6pm (local time of the Fulfillment Center) on the same business day as the Contract ships.
Support Call Fee:
Choose 2 Rent provides customer support with knowledgeable technical specialists that are ready, willing and able to assist customers at no additional cost with matters solely related to the functioning of Choose 2 Rent equipment. All additional inquiries exceeding the scope of Choose 2 Rent equipment for IT virtual support and/or in-house printing will be billed to the customer at a rate of US$150 per hour; any fraction of time will be billed at US$2.50 per minute. For avoidance of doubt, additional inquiries are those customers support calls whereby the original cause of the issue is unrelated to Choose 2 Rent equipment and/or relates to matters beyond’ s Choose 2 Rent supervision or control.
Virtual Technician Support Cancellation Fee: US$ 150
Applies when Customer cancels or fails to appear for virtual technician session. Customer must cancel at least (1) business day before the scheduled meeting to avoid the applicable cancellation fee as referenced in the Contract.
Late Fees
Applicable Late Fee for Extended Rental Period or delayed returns
To calculate Applicable Late Fees for Extended Rental Period, Choose 2 Rent shall follow the following procedure:
1. Determine the Total Rental Value: Assessing the total rental value from the Contract (charge for the service for the initial rental period agreed upon by the parties).
2. Determine Initial Rental Period: Assessing the time frame covered by the initial rental value.
3. Determine the Extended Rental Period: Calculate the duration by which the rental was extended beyond the initial rental based on the initial rental value and any additional terms that may apply under the Contract.
4. Pro-Rata Cost Determination. Apply late fees based on the requested additional time. Each extended period shall be billed pursuant to the table listed below:
Refund Policy Table and Exceptions:
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