Agreement to Rent with Western Medical Equipment
Lessee, the signor, agrees to rent the indicated equipment from Western Medical Equipment, also referred to as WME, and agrees to use the equipment as instructed by WME.
Lessee acknowledges that WME is and shall remain the owner of the Equipment. Lessee will not remove, obliterate or obscure markings, which identify WME as owner of the Equipment.
The rental term begins the day the equipment is delivered and ends the day the equipment is returned to our store by yourself or via UPS/FedEx. The Return of the rental unit is ultimately your responsibility. There will be deductions from the Security Deposit for amounts past due, unless the user informs WME of extended rental prior to the rental renewal date in order to secure the prepay rate.
Lessee agrees to pay a $500.00 Security Deposit along with the applicable rental charges to make a rental reservation. Credits will be refunded to Lessee upon receipt of equipment in the exact condition as received.
It is the Lessee’s responsibility to cover the cost of return shipping. Shipping delivery by WME will be calculated accordingly by product weight and shipment address.
If canceled 8 days prior to our delivery date, 20% of the Security Deposit will be held. If canceled 1 week prior to delivery, 2 days or the minimal rental term, whichever is greater, will be deducted.
Under no circumstance, will Lessee be granted credit for unused time return of equipment prior to minimum rental term.
Lessee agrees to pay WME any delivery/pick-up or assembly/take-down costs as indicated above. The Lessee will keep WME advised of any changes to the Specified Equipment’s condition. The Lessee will permit WME or its Agent to inspect the Equipment during the term of this agreement at any reasonable time.
WME warrants that each item of equipment will be suitable for normal operation and use at the time of delivery. Range of equipment varies according to terrain, surface and weight of the customer. It is the responsibility of the customer to monitor battery levels AND to ensure sufficient battery charging for travel. WME MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND. EXPRESSED OR IMPLIED, WRITTEN OR ORAL, AS TO ANY MATTERS WHATSOEVER. WME DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Risk of Loss of Damage Risk of Loss
Lessee will bear responsibility for all malfunctions, failures, damage to or loss of equipment, except to manufacturing defects and normal wear and tear. In the event of any such damage or loss, Lessee will promptly give WME notice thereof and, Lessee will elect one of the following options: (i) Pay to WME an amount equal to the WME sales price. (ii) Request that WME repair or replace the damaged or lost equipment, and pay to WME the cost of such repair or replacement. In such case the rental charges and other obligations of the Lessee shall continue during the period of repair or until replacement. If WME is unable to repair or replace the equipment then option (i) shall apply.
Test and (or) Repair Charge
If returned equipment appears broken due to misuse, a test and repair charge of $50.00 may be deducted from the Security Deposit for inspection, testing and minor repairs required to return the Equipment to service. If the Equipment cannot be repaired, the customer will be notified and will be responsible for the designated replacement cost of the Equipment.
Maintenance Normal Maintenance
WME or its authorized agent will be the exclusive source to maintain the Equipment and will maintain the Equipment in operational condition. The Lessee will not open the Equipment electronics or enclosure housing, alter or repair or permit the alteration or repair of the Equipment, or make any attachments thereto, without the prior written approval of WME.
Limitation of Liability
In no event will WME be liable to the Lessee for any Incident, indirect or consequential damages however caused, whether by WME’s negligence or otherwise.
Indemnity Limitation of Liability
The Lessee agrees to protect, indemnify and hold harmless WME from and against all claims, damages and costs including legal expenses arising out of the Lessee’s use of this Equipment.
In the event that any one or more provisions contained in this Agreement should, for any reason, be held to be unenforceable in any respect under the laws of the state of Wyoming, or the United States, unenforceable shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such unenforceable provision had not been contained herein.
All questions concerning the validity, operation, interpretation and construction of this Agreement will be governed by and determined in accordance with the laws of Wyoming.