This Equipment Rental Agreement (“Agreement”) is effective as of the date of signature (“Effective Date”), and is made between STARTOON LABS PRIVATE LIMITED organized under the laws of India, with offices at 2B, Rukmini Devi Colony Annexe, West Marredpally, Secunderabad, Telangana- 500026 (“MANUFACTURER”), and (“CUSTOMER”). MANUFACTURER and CUSTOMER are hereinafter collectively referred to as “Parties”. MANUFACTURER rents to CUSTOMER and CUSTOMER rents from MANUFACTURER, subject to the terms and conditions of this Agreement.
In consideration of their mutual rights and undertakings, MANUFACTURER rents to the CUSTOMER and CUSTOMER hires from MANUFACTURER the equipment and attachments described on the work order received upon delivery.
There is a one-month minimum rental period. It is understood that the rental agreement continues after the first month’s period unless the CUSTOMER returns the equipment as hereinafter provided. MANUFACTURER shall have the right to refuse a renewal or extension for additional periods in the event the obligations of the CUSTOMER have not been performed. Title to the rented equipment provided herein shall remain with MANUFACTURER during the term of the rental period(s). Monthly rental prices may be increased without prior notice.
CUSTOMER acknowledges that he/she has had, or will have, the opportunity to personally inspect the equipment before use and finds it suitable for his/her needs and in good condition, and that he/she understands its proper use. The MANUFACTURER has ensured that the equipment is sterile and safe to use. CUSTOMER further acknowledges his duty to inspect the equipment prior to use and notify MANUFACTURER of any defects. CUSTOMER acknowledges that He/She has examined the Equipment and that it is in good condition except as otherwise specified. MANUFACTURER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
If the equipment becomes unsafe or in disrepair as a result of normal use, CUSTOMER agrees to discontinue use and notify MANUFACTURER who will replace the equipment with similar equipment in good working order.
There are NO warranties of merchantability or fitness either expressed or implied.
MANUFACTURER may assign his rights under this contract without CUSTOMER’s consent, but will remain bound by all obligations herein. CUSTOMER may not sublease or loan the equipment without MANUFACTURER’s written permission. Any purported assignment by CUSTOMER is Void.
CUSTOMER agrees to return the equipment listed herein to the MANUFACTURER at 2B, RUKMINI DEVI COLONY ANNEXE, WEST MARREDPALLY, SECUNDERABAD, TELANGANA-500026 at the expiration of said rental agreement. If Equipment is not returned on said date, MANUFACTURER reserves the right to take any action necessary to regain possession of the Equipment. If the equipment is returned prematurely/ earlier than date of termination no part of the already paid fees by the CUSTOMER will be refunded by MANUFACTURER to CUSTOMER under any circumstance(s).
CUSTOMER agrees to return goods during MANUFACTURER’s regular hours upon termination of the rental. In the event the goods are not returned during MANUFACTURER’s regular business hours, CUSTOMER agrees to pay for any damage to or loss of the goods occurring between the time of return and the commencement of MANUFACTURER’s next business day. If CUSTOMER fails to make any additional payment within 3 days of the due date, CUSTOMER shall pay a surcharge of INR 1500.00 per week for late payments (this charge is in addition to any outstanding rental payments).
CUSTOMER agrees to pay for any damage to or loss of the goods, as an insurer regardless of cause except reasonable wear and tear while the goods are out of the possession of MANUFACTURER. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged or lost goods. Equipment damaged beyond repair will be paid for at its Fair Market Value when rented. The cost of repairs will be born by the CUSTOMER whether performed by MANUFACTURER or at MANUFACTURER’s options, by others. CUSTOMER shall alert MANUFACTURER to any damage to the Equipment. CUSTOMER shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment.
CUSTOMER agrees to pay all reasonable collection, attorney’s and court fees, and other expenses involved in the collection of the charges or enforcement of MANUFACTURER’s rights under this contract.
Upon failure to pay rent or other breach of this contract, MANUFACTURER may terminate this contract and take possession of and remove the goods from wherever they are and MANUFACTURER and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods. Legal title to said property at all times remains with MANUFACTURER.
The CUSTOMER may rent most equipment, at the discretion of MANUFACTURER, with an option (in writing) to purchase, at the price specified by MANUFACTURER upon inquiry. The sale of same will be considered “as is” and no warranty attached hereto. Title will transfer to CUSTOMER after the purchase price is paid in full. After which, the CUSTOMER is responsible for repairs and maintenance on the equipment.
CUSTOMER acknowledges that he is not the agent of MANUFACTURER for any purpose.
The provisions of this agreement shall be severable so that the invalidity, un-enforceability or waiver of any of the provisions shall not affect the remaining provisions
This agreement shall be binding upon customers and CUSTOMER’s successors, assigns heirs, and family.
I am aware of the fact that I am responsible for the deductible and/or any unpaid balance under the laws of insurance company or some other third party payor.
This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is returned to MANUFACTURER. CUSTOMER shall return the Equipment as per the agreed upon terms and duration unless terminated earlier consistent with the terms herein.
During the Term, Equipment shall be located at CUSTOMER’s home address or in his/her possession, unless expressly agreed otherwise in writing by MANUFACTURER.
Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without MANUFACTURER’s prior consent.
CUSTOMER shall not:
CUSTOMER acknowledges that CUSTOMER has examined the Equipment and that it is in good condition except as otherwise specified. MANUFACTURER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
CUSTOMER shall indemnify, defend and hold harmless MANUFACTURER from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from CUSTOMER’s use of Equipment by any cause, except to the extent caused by MANUFACTURER’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL MANUFACTURER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM CUSTOMER’s USE or MISUSE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought
If you have questions or comments about this policy, you may email us at contactus@startoonlabs.com or by post to:
Startoon Labs Pvt Ltd.
Plot No. 10, First floor, Paigah Colony, Sardar Patel Road,
Secunderabad - 500003, Telangana,
India
