THIS EQUIPMENT LEASE ("Lease") is made and effective by clicking on the “Confirm” button on the checkout screen, by and between Gearboom.com, ("Lessor"), and current user ("Lessee"). By clicking on the “Confirm” button, Lessee agrees to be bound by these terms and conditions, whether or not Lessee has read them. Lessor may at its sole discretion modify these terms and conditions at any time and any modifications shall become effective immediately as posted on this site. By clicking on the “Confirm” button, Lessee indicates acceptance of the modified terms and conditions.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:
Lessor represents and warrants as follows: (1) the Equipment is free from known defects and is in good working order to the best of its knowledge at the inception of the rental; (2) Lessor is responsible for routine repair and maintenance of the Equipment prior to rental; (3) Lessor has the right to enter into the rental of the Equipment.
Lessee agrees as follows: (a) except as set forth in Lessor’s representations and warranties above, the Equipment is rented to Lessee without any warranty or guaranty of any kind, express or implied, and specifically, there is no warranty of merchantability or fitness for a particular purpose; (b) Lessor shall not be held responsible with respect to production downtime, loss of profits, extra expense, indirect, consequential, or punitive damages, production delays; and (c) except as set forth in Lessor’s representations and warranties above, Lessee is responsible for all costs associated with any repair or replacement (without deduction for depreciation) of the Equipment necessitated as a result of Lessee’s usage, possession, transportation or failure to return the Equipment for any reason, including, without limitation, as a result of the negligence or willful misconduct of Lessee, its employees, agents, or contractors. At all times Lessor’s maximum liability in connection with the Equipment is limited to the rent paid to Lessor by Lessee.
Used Equipment. Lessee acknowledges that the Equipment may be used gear and may be cosmetically flawed. However, Lessor warrants that the Equipment, whether new or used, will be in proper working condition when leased to Lessee. Should Lessee discover that the Equipment, as received, is not working properly, Lessee agrees to notify Lessor pursuant to Section 15 of this Agreement.
GEARBOOM REWARDS PROGRAM:
You will earn rewards in the form of a rebate every time you rent/purchase equipment from us. Please visit http://www.gearboom.com/boom-bucks for more information on our rewards program. The following terms and conditions apply to all Gearboom Rewards Program memberships:
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