Latest revision: July 20, 2022
RENTAL POLICY AND AGREEMENT
THIS RENTAL AGREEMENT (the "Agreement") IS BETWEEN:
PANGOLIN PROJEECTOR REFERRAL NETWORK, LLC a Limited Liability Company located at 1265 Upsala Blvd, suite 1165 – Sanford, FL 32771 (hereinafter the “Lessor”)
CUSTOMER… The individual or company purchasing a rental product with Pangolin Projector Referral Network, LLC, as noted in the “INVOICE AND BILLING ADDRESS” on the RENTAL ORDER INVOICE from Pangolin Projector Referral Network, LLC… (hereinafter referred to as the “Lessee”).
THIS RENTAL AGREEMENT (the "Agreement") IS EFFECTIVE AS OF THE DATE CUSTOMER PAYS FOR A RENTAL ORDER INVOICE, WITH PANGOLIN PROJECTOR REFERRAL NETWORK, LLC.
IN CONSIDERATION OF THE COVENANTS and agreements contained in this Rental Agreement the parties to this Agreement agree as follows:
- Transfer of Rental Goods. The Lessor will transfer to the Lessee goods (the 'Goods') as noted on Lessor’s invoice, to be used as rental systems and for the rental term period noted on the RENTAL ORDER INVOICE sent by Lessor. The value of the ‘Goods’ is equal to the established MAP price, as set by the Goods original equipment manufacturer.
- The Lessee will make a rental payment to the Lessor based on the amount noted on the RENTAL ORDER INVOICE to rent the Goods for the specified dates noted in the RENTAL ODER INVOICE. Lessee is responsible for all related shipping costs, also noted in Section 2 of this agreement.
- Rental and Shipping Terms. The term for this Rental period is noted on the RENTAL ORDER INVOICE. The Goods being rented will be sent to and from the Lessee’s location, using their approved and preferred shipping provider and service. Lessee is responsible for all costs relating to the shipment and insurance of the Goods to and from the rental location from which The Good’s shipped from.
- Delivery of Goods. The Goods will be deemed in possession of the Lessee when delivered to the Lessee at shipping addressed noted on the RENTAL ORDER INVOICE. Ownership of the goods remains the Lessor’s for the full duration of the rental.
- Warranties and Liability. THE GOODS ARE OFFERED 'AS IS' AND THE LESSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Lessor does not assume, or authorize any other person to assume on the behalf of the Lessee, any liability in connection with the rental of the Goods. The Lessor's above disclaimer of warranties does not, in any way, affect the terms of any applicable warranties from the manufacturer of the Goods.
- In addition, The Lessee takes full responsibility and liability for any damage, improper use, loss or theft, which may affect the performance or return of the Goods to the Lessor. If such instances occur, The Lessee will pay for all related repair or replacement costs noted by Lessor or for the full value of the Goods (as noted in Section 1), if the units are lost or stolen.
- The Lessee also takes full responsibility and liability for any improper use of the Goods, which may result in injury to a third party.
- The Lessee has been given the opportunity to inspect the Goods or to have it inspected and the Lessee has accepted the Goods in their current Furthermore, the Lessor disclaims any warranty or liability as to the condition of the Goods.
- It is understood that the Lessee is using the Goods in full compliance with local regulations, rules, and operating requirements, as legally required in the area where the Goods will be used, and as deemed applicable to the use of the Goods.
- Title to the Goods will remain with Lessor, throughout the full term of the rental period.
Security Interest. The Lessor may also retain a security interest in the Goods if deemed appropriate. And the Lessor has the right to file a UCC-1 to protect its interest in the Goods.
Inspection and acceptance will be made by the Lessee at the time and place of delivery.
The Lessee's failure to give notice of any claim within 1 day from the date of delivery will constitute an unqualified acceptance of the Goods and a waiver by the Lessee of all claims with respect to the Goods.
Excuse for Delay or Failure to Perform
The Lessor will not be liable in any way for any delay, non-delivery or default in shipment due to labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of the Lessor or its suppliers. If the Lessor, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Goods at the time specified, the Lessor will have the right to terminate this Agreement by notice via email to the Lessee, which notice will be accompanied by full refund of all sums paid by the Lessee (with the exception of shipping costs, noted in Section 2) pursuant to this Agreement.
The Lessee's exclusive remedy and the Lessor's limit of liability for any and all losses or damages resulting from defective goods or from any other cause will be for the total value of the Goods and related shipping costs, as noted in Sections 1 and 2 of this agreement (Transfer of Rental Goods and Rental and Shipping Terms).
- The Lessor reserves the right to cancel this Agreement:
- If the Lessee fails to pay for the full amount of the Goods, as noted on the RENTAL ORDER INVOICE.
- In the event of the Lessee's insolvency or bankruptcy; or
- If the Lessor deems that the Lessee’s prospect of payment is impaired.
Any notice to be given or document to be delivered to either the Lessor or Lessee pursuant to this Agreement will be sufficient if delivered personally or sent via email, with a confirmed reply noting that the originally sent email was received.
- General Provisions.
- a) Headings are inserted for the convenience only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
- b) All representations and warranties of the Lessor contained in this Agreement will survive the closing of this Agreement.
- c) The Lessee may not assign its right or delegate its performance under this Agreement without the prior written consent of the Lessor, and any attempted assignment or delegation without such consent will be void. An assignment would change the duty imposed by this Agreement, would increase the burden or risk involved and would impair the chance of obtaining performance or payment.
- d) This Agreement cannot be modified in any way except in writing signed by all the parties to this Agreement.
- e) This Agreement will be governed by and construed in accordance with the laws of the State of Florida, including the Florida Uniform Commercial Code and the Lessor and the Lessee hereby agree to the jurisdiction of the Courts of the State of Florida. Any dispute or other legal action concerning this Agreement, including any arbitration or litigation proceedings shall be conducted in ____Orange__County, Florida unless the Arbitrators identify a more suitable and agreeable venue and the Members consent to the jurisdiction and venue of any State or Federal Court located therein.
- f) Except where otherwise stated in this Agreement, all terms employed in this Agreement will have the same definition as set forth in the Uniform Commercial Code in effect in the State of Florida on the date of execution of this Agreement.
- g) If any clause of this Agreement is held unconscionable by any court of competent jurisdiction, arbitration panel or other official finder of fact, the clause will be deleted from this Agreement and the balance of this Agreement will remain in full force and effect.
- h) This Agreement will inure to the benefit of and be binding upon the Lessor and the Lessee and their respective successors and assigns.
- i) This Agreement is deemed to be executed and agreed upon when The Lessee makes any deposit or payment toward RENTAL ORDER INVOICE with The Lessor.
- j) This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. The Lessee acknowledges that it has not relied upon any representations of the Lessor as to prospective performance of the Goods, but has relied upon its own inspection and investigation of the subject matter.