1. Agreement: Unless otherwise agreed in a written document signed by owner of NConnect, LLC (“NConnect”), these Rental Terms and Conditions (“Terms”) govern the rental of all equipment from NConnect (“Equipment”) by any individual or entity that rents such Equipment from NConnect(“Client”) and are incorporated into each of Client’s Rental Orders for Equipment from NConnect (each, a “Rental Order”). NConnect hereby rejects the terms of any purchase order, rental agreement or other document submitted by Client, unless the document is signed by the owner of NConnect. The placing of a Rental Order with NConnect the issuance of a purchase order for rental of Equipment from NConnect or the receipt, acknowledgement or acceptance of Equipment for rental by Client constitutes Client’s acceptance of these Terms exactly as written. NConnect reserves the right, in its sole discretion, to modify or replace any of these Terms at any time, and such modifications or replacements shall apply to all rentals of Equipment from N Connect after the date of such modification or replacement. It is Client’s responsibility to review the Terms each time Client rents Equipment from NConnect.
2. Title: NConnect is and shall remain the owner of the Equipment. Client will not acquire any equity or ownership interest in the Equipment by making rental payments or performing repairs. Client will not place any liens on the Equipment.
3. Rental Term and Rental Period: As to each piece of Equipment, the “Rental Term” is the time period for which Client has ordered such Equipment. As to each piece of Equipment, the “Rental Period” is the time period that commences on the delivery of the Equipment to Client and ends upon its return to NConnects premises. Client shall pay rent on the Equipment at the rates set forth on the Rental Order for the entire Rental Period and until receipt of Equipments return to NConnect or any period Equipment is not in actual use.
4. Payment Terms: For Clients with an open credit account with NConnect, payments are due Net 30 from date of invoice. For Clients who do not have an open credit account with NConnect payment is due upon delivery of Equipment. NConnect may, in its sole discretion, at any time: (a) revoke credit; (b) modify terms and conditions of credit; (c) require payment in advance; and/or (d) withhold Equipment, until receipt of payment. If Client fails to pay for Equipment as and when due, Client shall pay a late charge of $50 each month until charges are paid in full, and Client shall pay NConnect all reasonable attorneys’ fees and collection costs incurred by NConnect. In addition to any other right of set-off or recoupment NConnect has under applicable law,
Client agrees that, with respect to any amounts due from Client or Client’s affiliates to NConnect or NConnect’s affiliates, NConnect and its affiliates may set-off such amounts against any amounts owing to Client or Client’s
5. Disclaimer of Warranties: By receiving the Equipment, Client acknowledges the Equipment to be in good, safe and serviceable condition, and Client accepts the Equipment “AS IS” regardless of defects, latent or otherwise. Empire makes no warranty, express or implied, with respect to the Equipment, including but not limited to, any implied warranties of merchantability or fitness for a particular purpose. To the maximum extent permitted by law, all such warranties are hereby disclaimed by
NConnect and waived by Client. Client’s sole remedy shall be the termination of the rental charges at the time of failure or discovery of defect, provided Client returns the Equipment to NConnects premises within 96 hours of the failure or discovery of defects.
6. Return of Equipment: Upon expiration of the Rental Term set forth in the Rental Order (unless NConnect agrees in writing to an extension) or upon demand from NConnect prior to expiration of the Rental Term, Client shall return ship the Equipment to NConnect. Client shall be liable for all damages to, or loss of, the Equipment occurring during return shipping to NConnect.
7. Damaged Equipment; Reasonable Wear and Tear: If the Equipment is returned in a damaged or excessively worn condition, Client shall pay NConnect the reasonable cost of the Equipment. Reasonable wear and tear means only the normal deterioration of the Equipment caused by ordinary and reasonable use on. Repairs to the Equipment shall be made to the reasonable satisfaction of NConnect, and in a manner that will not adversely affect the operation or value of the Equipment as determined by NConnect.
8. Default: Client is in default if (a) Client fails to pay any installment of rent or other payment to NConnect when due; (b) Client fails to return the Equipment at the end of the Rental Term or upon demand; (c) Client fails to perform or observe any condition of the
Rental Order or any other agreement with NConnect; (d) Client abuses, neglects or attempts to remove, sell, transfer, encumber, part with possession of, or sublease the Equipment or any item thereof; or (e) NConnect in good faith deems itself insecure.
9. Remedies: Retaking of Equipment. NConnect reserves all rights and remedies available at law or under contract in the event of a default by Client, and NConnect may, at its option, demand that Client immediately deliver the Equipment to NConnect’s premises at Client’s expense. If the Equipment is not returned at the end of the Rental Term or for any reason it becomes necessary for NConnect to retake the Equipment to protect it from loss or damage. In the event of default, Client waives all rights to a prior judicial hearing, any further right to possession of the Equipment and all claims for injuries, damages or loss arising out of the repossession of the Equipment. Client shall pay all costs and expenses incurred by NConnect in retaking the Equipment.
10. Compliance with Laws and Regulations: Hazardous Materials. Client shall not abuse, harm or improperly operate the Equipment. Client, at its sole expense, shall comply with all laws and regulations applying to the use, operation or possession of the Equipment. Client shall indemnify, defend and hold NConnect harmless from any loss, claim or damage that may arise out of Client’s breach of these representations and warranties.
11. Miscellaneous: Client may not assign Client’s rights or obligations hereunder without NConnects prior written consent, and any such attempted assignment will be void. If any provision in these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions in these Terms shall remain in full force and effect. A party’s waiver of any breach will not constitute a waiver of any different or subsequent breach. No employment, agency, joint venture, or similar arrangement is created or intended between Client and NConnect.