Rental Terms and Conditions

HAPPY NUMBER SEVEN, LLC
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The following are the terms and conditions that apply to the rental of equipment from HAPPY NUMBER SEVEN, LLC (HAPPY NUMBER SEVEN). By accepting equipment furnished under this agreement, the Customer (Lessee) who accepts rental agreement agrees to these terms and conditions. Any modification to the terms and conditions must be in writing and signed by a representative of HAPPY NUMBER SEVEN, LLC. Equipment as referred to herein shall include all related accessories, manuals, and other items to be delivered as specified on the invoice.

Warranty

With respect to rental service, HAPPY NUMBER SEVEN, LLC warrants to the Customer only that rental equipment when delivered is in good operating condition. If equipment is not received in good operating condition due to no fault of the Customer, HAPPY NUMBER SEVEN, LLC shall (at its option) either repair equipment or supply replacement equipment subject to availability from HAPPY NUMBER SEVEN, LLC’s inventory. Defects or discrepancies in or like objection to equipment must be reported to HAPPY NUMBER SEVEN, LLC within 24 hours after Customer receives the equipment, failing which it will be conclusively presumed that the equip­ment was as ordered, was received in good condition, and is accepted. The remedies provided herein are Customer’s sole and exclusive remedies. In no event shall HAPPY NUMBER SEVEN, LLC be liable for direct, indirect, special, incidental or consequential damaged (including loss of profits) whether based on contract or any other legal theory. HAPPY NUMBER SEVEN, LLC makes no warranty expressed or implied that the equipment is fit for any particular purpose. Upon notice from Customer during the course of rental, and upon return of equipment by Customer, HAPPY NUMBER SEVEN, LLC will, at its option, repair or replace malfunctioning equip­ment.

Payment Terms

Payment is due upon invoice (equipment reservation) subject to credit department approval. Payments are delinquent 30 days from date of invoice are subject to interest charges at 18% per annum but not exceeding the maximum lawful rate. HAPPY NUMBER SEVEN, LLC reserves the right to change the credit terms on further rentals at any time when in HAPPY NUMBER SEVEN, LLC’s opinion, Customer’s financial conditions, or previous payment record so warrants. All applicable taxes will be added to the invoice and are pay­able by Customer.

Shipment/Delivery

HAPPY NUMBER SEVEN, LLC will attempt to deliver goods in accordance with Customer’s preference. In the absence of specific instructions, or if Customer’s requests are deemed unsuitable, HAPPY NUMBER SEVEN, LLC reserves the right to deliver by the most appropriate method so that Customer receives equipment within scheduled reservation date. HAPPY NUMBER SEVEN, LLC shall not be liable for delays in performance hereunder due to causes beyond its control including, but not limited to acts of nature, acts of government, labor disputes, delays in transportation and delays in delivery or non-delivery by HAPPY NUMBER SEVEN, LLC’s suppliers.

Liability

HAPPY NUMBER SEVEN, LLC shall not be responsible for loss or damage to Customer’s business or property or for injury or death to persons; and Customer shall indemnify HAPPY NUMBER SEVEN, LLC and hold it harmless for claims for any of the foregoing, including associated legal fees and expenses.

DISCLAIMER OF WARRANTIES.

HAPPY NUMBER SEVEN, LLC, BEING NEITHER THE MANUFACTURER, NOR A SUPPLIER, NOR A DEALER IN THE EQUIPMENT, MAKES NO WARRENTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, OR CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR SPECIAL METHODS. HAPPY NUMBER SEVEN, LLC FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO CUSTOMER OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. AS TO HAPPY NUMBER SEVEN, LLC, CUSTOMER LEASES THE EQUIP­MENT “AS IS”. HAPPY NUMBER SEVEN, LLC SHALL NOT BE LIABLE IN ANY EVENT TO CUSTOMER FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIP­MENT HEREBY LEASED OR ACCIDENTAL BREAKAGE THEREOF.

INDEMNITY.

Customer shall indemnify HAPPY NUMBER SEVEN, LLC against, and hold HAPPY NUMBER SEVEN, LLC harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys fees, arising out of, connected with, or resulting from the equipment or the Lease, including without limitation, the manufacture, selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the equipment. Customer shall further indemnify HAPPY NUMBER SEVEN, LLC, and hold HAPPY NUMBER SEVEN, LLC harmless from all loss and damage to the equipment during the rental period. Customer recognizes and agrees that included in this indemnity clause, but not by way of limitation, is Customer’s assumption of any and all liability for injury: disability and death of persons caused by the operation, use, control, handling, or transportation of the equipment during the Rental Period.

RISK OF LOSS.

HAPPY NUMBER SEVEN, LLC shall not be responsible for loss or damage to property, material, or equipment belonging to Customer, its agents, employees, suppliers, or anyone directly or indirectly employed by Customer while said material property, or equipment is in HAPPY NUMBER SEVEN, LLC’s care, custody, control or under HAPPY NUMBER SEVEN, LLC’s physical control. Customer and its insur­ers waive all rights of subrogation against HAPPY NUMBER SEVEN, LLC for such losses.

Default

Should customer default in its obligations, Customer agrees to pay HAPPY NUMBER SEVEN, LLC for all costs and expenses in­curred by HAPPY NUMBER SEVEN, LLC in recovering the equipment or monies due and enforcing its rights. HAPPY NUMBER SEVEN, LLC shall be entitled to recover its legal fees and expenses whether or not formal legal action is instituted.

Notifications

Any required notices shall be given in writing at the address of HAPPY NUMBER SEVEN, LLC or Customer as shown on the front of this contract or to such other address as either party may substitute by written notice to the other.

Assignment

Neither HAPPY NUMBER SEVEN, LLC or Customer may assign or transfer any rights, duties, or obligations herein without the prior written consent of the other, and any purported attempt to do so shall be null and void.

Waiver

Should HAPPY NUMBER SEVEN, LLC choose not to exercise any of its rights, that shall not constitute or be deemed a waiver or forfeiture of such rights.Purchase Rights

Customer has no purchase rights or purchase options under this agreement.

Governmental Jurisdiction

HAPPY NUMBER SEVEN, LLC shall be notified in writing of any binding U.S. governmental procurement regulations that will affect this contract. This agreement shall be governed by the laws of the State of Florida.

Errors

Stenographic, typographic and clerical errors in this agreement are subject to correction and Customer hereby agrees to re-execute any document that requires correction or signature.

Ownership

Rental equipment remains the property of HAPPY NUMBER SEVEN, LLC. Customer shall not remove, deface, or obscure owner­ship labels.

Rates

Rates are based on daily, weekly and monthly time periods. Rentals continuing beyond the initial time period requested are billed at the daily rate, until that exceeds the weekly rate. Rental charges will commence the next business day after HAPPY NUMBER SEVEN, LLC delivers the equipment to Customer. Rentals shipped for Saturday delivery will commence on that day. Rental charges cease on the day equipment is received at the designated HAPPY NUMBER SEVEN, LLC facility. There are no credits or rebates for early return.

Equipment Usage

Customer shall not make any alterations, additions, modifications, or improvements to the equipment and shall use it only for the pur­pose and in the manner for which it was intended by the manufacturer. Customer may not permit the equipment to be used by another party or at a different location without the express written consent of HAPPY NUMBER SEVEN, LLC. Customer is subject to a replacement fee if equipment is lost or damaged.

Continued from reverse

I have read and agree to the terms stated above.

LLC

Signature of Customer (Lessee)

Printed name of Customer (Lessee)