Vendor (VENDOR) rents to the Renter/User signing this Agreement medical equipment of description as above for such term as specified above and subject to all the terms and conditions set forth in this Rental agreement as follows –
The medical equipment is the property of VENDOR and is in good condition. Renter shall return equipment in the same condition as when received to VENDOR, at the end of the rental period for inspection, or sooner, upon the demand by VENDOR. VENDOR may repossess the medical equipment without demand at any time if it is used in violation of the terms of this agreement.
Renter may cancel an order 6 hours prior to delivery at no cost. However, if Renter cancels immediately after delivery, then delivery and pick up charges are applicable.
Renter assumes all risk and liability for any loss, damage or injury, including death, to persons or property of Renter or others arising out of the use or operation of the medical equipment
The additional conditions outlined above have been reviewed and accepted as part of this agreement
Renter is responsible for the medical equipment and will reimburse VENDOR, Legal Owner of Equipment, for the full cost of replacement upon demand for any damage, loss, theft, or destruction of the medical equipment. The Renter understands and authorizes that VENDOR will charge the Renter for any repair costs or the replacement costs of the medical equipment deemed necessary.
The following restrictions are cumulative and each shall apply to every use, operation of the medical equipment. Under no circumstances shall the medical equipment be used, operated by any person: a) under the age of 18; or b) while under the influence of intoxicants or narcotics; or c) in an unsafe manner.
Renter shall defend, indemnify and hold harmless VENDOR, all of their agents, officers, servants, and employees from and against any and all losses, liability claims, damages, injuries, demands, actions and causes of action whatsoever, arising out of or related to any loss, damage or injury claimed by persons that may arise from the use or operation of the medical equipment, provided that such loss or damage was not caused by the fault or gross negligence and willful misconduct of VENDOR or its employees .
Renter assumes all costs and expenses of every kind and nature, arising out of and in connection with the use or operation of the medical equipment.
VENDOR assumes no liability or responsibility for any acts or omissions of Renter or of Renter’s agents, servants, or employees.
Renter shall notify VENDOR immediately of any and all accidents and damage resulting from the use or operation of the medical equipment.
Renter agrees to pay all costs, expenses, and legal fees incurred by VENDOR in collecting sums due or in regaining possession of medical equipment or in enforcing or recovering any damage, losses or claims against Renter.
Renter or the user or operator of the medical equipment shall in no event be deemed the agent or employee of VENDOR in any manner or for any purpose whatsoever.
Any individual executing this Agreement as Renter in a representative capacity shall be bound personally, jointly and severally, with such fiduciary, corporation or other entity as to all obligations, expressed or implied, arising hereunder.
This Agreement shall be binding upon the heirs, next of kin, executors, administrators and personal representatives of the undersigned Renter.
The terms of this Agreement are to be read together with the General Terms and conditions of rental and the Renter hereby agrees to abide by the terms and conditions mentioned therein.
All disputes are subject to exclusive jurisdiction of the courts in Pune, Maharashtra.
VENDOR reserves the right to refuse renting to anyone if deemed necessary due to various reasons.
GENERAL TERMS AND CONDITIONS: MEDICAL EQUIPMENT RENTAL
ARTICLE 1: RENTAL
The applicability of the following general terms and conditions of rent (“General Conditions”) have been agreed between Renter (“Renter”) and Vendor (henceforth “VENDOR”) These General Conditions shall apply to all offers and quotations of VENDOR, as well as to any rental agreement (“Rental Agreement”) under which VENDOR places an equipment (“Rental Equipment”) at the disposal of Renter, as described in Article 2 of these General Terms and Conditions.
Any deviation from or amendment to the provisions of these General Conditions and/or the Rental Agreement will only be valid if confirmed in writing by VENDOR.
All quotations and proposals from VENDOR are non-binding. After confirmation of the order by VENDOR, a Rental Agreement between Renter and VENDOR will be concluded. An agreement will only come into force after the Rental Agreement is signed by both VENDOR and Renter. All orders placed with VENDOR must be complete and contain a detailed description of the desired Rental Equipment.
For online transactions, in case the Renter/User chooses to order an item on rent, it will be assumed that s/he has read all the Terms & Conditions and accepts them in full.
The period of rent is stipulated in the Rental Agreement. After expiration of the minimum term, the Rental Agreement shall be extended for an agreed period of time, subject to the payment obligation as mentioned in Article 4 to these General Terms and Conditions.
The Rental Agreement can be terminated by giving 3 day notice by VENDOR.
ARTICLE 2: EQUIPMENTS
The Rental Equipment is and remains the sole and absolute property of VENDOR. Renter will specify a designated contact person and the address at which the rental Equipment is to be placed. Renter remains at all times responsible for all its obligations under the Rental Agreement (and the General Conditions), without prejudice to the liability of third parties.
Prior to delivery of the Rental Equipment, Renter is obliged to pay an advance rental deposit to VENDOR. The amount of the deposit is stated in the Rental Agreement online. Renter shall not be entitled to off-set the deposit with any claims of VENDOR towards Renter. VENDOR shall repay the difference deposit to Renter without interest, upon termination of the Rental Agreement and as soon as Renter has complied with all obligations from this Rental Agreement.
VENDOR shall arrange for the delivery of the Rental Equipment at the address designated by Renter. Unless otherwise agreed, all costs concerning the transport and delivery of the Rental Equipment, which includes packing material, special service or other freight charges, are borne by Renter. VENDOR retains the right to change the applicable charges without notice.
Only after the prior written consent of VENDOR, Renter is entitled to relocate the Rental Equipment. VENDOR can arrange for transportation of the Rental Equipment, for instance in case of relocation or at the end of the Rental Agreement. All costs are borne by Renter.
Any statement as to the time of delivery of a Rental Equipment shall be made to the best knowledge of VENDOR, but shall have no binding force. Renter is not entitled to demand cancellation of the Rental Agreement in the event of a delay. VENDOR will not be liable for any damages sustained by Renter as a result of a delay unless such damage is the result of a breach of this Rental Agreement, wilful misconduct or gross negligence on the part of VENDOR. Further, pick of items rented by the Renter will be done by the vendor or his representative at the earliest possible time on a best effort basis to allow for holidays, end of work day etc and the Renter will not have the right to demand an urgent pick up at his/her convenience
It is the responsibility of Renter to inspect the (conditions of the) Rental Equipment upon receipt. Any visible defects must be reported immediately in writing by Renter to VENDOR. All other defects or damages existing on the moment of delivery (or thereafter), must be reported to VENDOR in writing no later than one day after the delivery date. In the event that no defects or damages are reported within one working day after the delivery of the Rental Equipment, Renter will be deemed to have received the Rental Equipment without any defects or damages.
ARTICLE 3: USAGE
Renter is at all times fully responsible for the Rental Equipment in use with due care and that it be exclusively used for its designated purpose. The Rental Equipment should be used by competent persons in accordance with procedure explained by the Doctor/ Nursing Team/Physiotherapist and finally delivery team of VENDOR, Rental Equipment’s manual if any and other operating instructions. Renter shall maintain any identifying mark or packaging on the Rental Equipment. No modifications to the Rental Equipment of any nature are permitted.
On delivery, if applicable the Rental Equipment is verified and accompanied by applicable certification concerning the performance, the electrical safety, the frequency and temperature, depending on the type of Rental Equipment. Renter must immediately notify VENDOR in writing of any defect of the Rental Equipment. VENDOR can arrange for the repair or replacement of the Rental Equipment. If repair or replacement of the Rental Equipment is necessary, all costs of repair and transportation of the Rental Equipment, are for the account of Renter. Notwithstanding the provisions of the above mentioned, VENDOR will provide for repair and/or replacement of the Rental Equipment in case of manufacturing flaws, this at the sole discretion of VENDOR.
ARTICLE 4: PAYMENT
The rent for the minimum term (15 days) with respect to the Rental Equipment shall be adjusted against the advance rental paid by the Renter. The rent is payable by Renter until the Rental Equipment is returned to VENDOR, in accordance with the next Article of these General Conditions.
All payment terms must be considered to be final. The date of payment shall be the date upon which the payment is received on VENDOR's account. Payment must be made without any deduction, set-off or withholding of any nature by the Renter. This however does not cover the commercial arrangement between the rent4health.com and the individual vendor. All prices are subject to change. Nevertheless, prices are valid on the date of issue and price changes shall not affect the rent during the term of the first term signed up for by the Renter in the Rental Agreement.
ARTICLE 5: COMMERCIAL
All rentals are collected in advance. In case there is a shortfall, the VENDOR will raise an invoice for collection of rental in advance
Nominal delivery and pick up charges will be payable by the Hirer. VENDOR retains the right to change these at any time
All advances will remain with VENDOR and only the difference, if any between the monthly rental due at the end of the period and the advance rental paid will be returned to the Hirer. No interest is payable in any case by VENDOR
VENDOR retains the right to change the advance rental and the monthly rental amounts at the end of a period. VENDOR will endeavour to inform the Hirer in advance
VENDOR will replace/repair at its own cost a rental Equipment if the defects are pointed out on delivery. VENDOR retains the right to charge a reasonable and/or full amount for replacement and/or repair subsequently
The Hirer agrees to use the Rental Equipment as per the designated use only and return the Rental Equipment in a sanitized condition
VENDOR will endeavour to explain the proper usage of the Rental Equipment at the time of delivery. However, it will not be responsible for any injury, mental and emotional stress that could be caused by the wrong usage of the Rental Equipment by the Renter.
ARTICLE 6: MISCELLANEOUS
Should Renter desire to terminate the Rental Agreement in accordance with Article ‘1. Rental’ of these conditions, Renter should notify VENDOR through the facility provided on the website only. Subsequently, VENDOR shall arrange for the pickup and the return of the Rental Equipment, at the expense of Renter paid in advance by the Renter.
Before the pickup of the Rental Equipment, Renter should ensure it is sanitized. If the Rental Equipment is not (well) sanitized, Renter is obliged to compensate any cost in that respect incurred by VENDOR. At the end of the Rental Agreement, the Rental Equipment should be in good and workable condition, taking normal wear and tear into account. Renter is responsible for all costs to be incurred in case of (partial or full) loss of the Rental Equipment or any damage to the Rental Equipment.
VENDOR is not liable for any damages of any nature, direct or indirect, including consequential losses to goods, property or persons, at the premises of Renter. VENDOR is not liable for any (consequential) damages resulting from or caused by the (proper or improper) use of the Rental Equipment or by its unsuitability for the purpose for which Renter has rented it. In the event that it should be established in or out of court that VENDOR, notwithstanding the above, is liable, on any grounds, any liability of VENDOR shall at all times be limited to an amount equal to a maximum of 2 times the minimum term rent of the Rental Equipment with which this liability is related to or from which this liability follows. Renter shall indemnify VENDOR, all its employees, agents and servants for any and all liabilities of third parties of any nature and in relation to this Rental Agreement.
VENDOR shall be entitled to terminate the Rental Agreement prematurely, without being required to give any notice of default, in the event that Renter fails to fulfil any provision of the Rental Agreement and/or these General Conditions. In case of premature termination as set out above, all outstanding rent as well as all future rent instalments under the Rental Agreement, are immediately due and payable by Renter and will be adjusted against the Advance Rental paid. In case the Renter’s liability is more than the amount of the Advance Rental then, Renter will obliged to pay the difference immediately.
Further, www.rent4health.com and its management are providing a service of Renters accessing medical equipment which can be taken on rent from the vendors. In no case any untoward event caused by misuse, unintended use of rented equipment, electrical malfunction or shock be attributed to the rent4health.com, its management, its Directors or its employees. The agreement is between the Vendor and the Renter/User.
Refund calculations will be credited directly to the Renter/Users account. This might take up to 5 working days.
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