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Rental Agreement

CARPET CLEANER RENTAL, RESERVATION, AND DELIVERY TERMS OF SERVICE

By reserving, renting, or requesting delivery of Andrew Gong’s (the “Lessee”) rental equipment (collectively, the “Equipment”), you

(the “Renter”) are responsible for:

  1. Reading and understanding the Rental Terms of Service
  2. Reading and understanding the RENTAL WARNINGS AND INSTRUCTIONS (below) and the

DIRECTIONS for use that come with Equipment.

  1. Returning Equipment CLEAN. (No hair in the tubes and a quick inside rinse is all we ask).
  2. Returning Equipment ON TIME (waiting for toilet paper is not a valid excuse).
  3. Damage to Equipment (bleach, blue dye, and gasoline in the machine is never a good idea).

 

More specifically, by renting Equipment you signify your assent to both the above and the below Rental

Terms of Service.

RENTER AGREES TO:

  1. Rental Period/Rental Charge/Late Charges.Return Equipment in a clean condition to pickup location (Most likely your front door) on the date and time herein specified as “Due Back” or within twenty-four (24) hours after receipt of Equipment if no time is specified unless other arrangements are made with Lessee. A rental charge shall apply for the first specified rental period. A late return charge shall apply for equipment returned after specified period from time rented. Late return charges may be up to one day’s full rental charge for each partial to full day period for which Equipment is overdue.

IF YOU DO NOT RETURN THE EQUIPMENT BY THE 3RD LATE DAY, IT WILL BE DEEMED UNRETURNED AND YOUR CREDIT OR DEBIT CARD WILL BE CHARGED AN UNRETURNED MACHINE FEE OF $300 PLUS APPLICABLE TAXES. THIS CHARGE WILL BE IN ADDITION TO ANY LATE FEES CHARGED.

  1. A Free ride in a police car if you steal.Theft or conversion of Equipment is a criminal offense. Lessee will prosecute theft to the fullest extent of the law. Lessee reserve the right to use every means under the law to recover our property. Lessee actively monitors store security cameras, Craigslist, eBay, 5Miles, and the online classifieds. If you still feel like you must steal, please choose another deep cleaner.

 

  1. Deposits/Other Charges.Pay any deposit that may apply. Other charges may apply including a dirty Equipment charge if Equipment is not returned to Lessee in a clean condition. Other charges will also include the full cost of all repairs or loss of equipment resulting from an accident, neglect, misuse or failure to return Equipment, as well as all costs and fees connected with the recovery of Equipment and/or collection of other charges. Any deposits and other charges due are payable to Lessee. Renters may subsequently be charged for other charges including late return charges and/or these other charges may be deducted from the deposit and/or cleaning deposit taken at the rental date.

ALL DEPOSITS SEPARATE OF THE RENTAL FEE SHALL BE REFUNDED UPON RECEIPT OF ANY MACHINES, IN GOOD WORKING CONDITION, RENTED OUT TO RENTER.

  1. Equipment/Product Use.Use Equipment, materials, and cleaning products in a careful and prudent manner according to the instructions furnished by Lessee. Do not allow another person to use Equipment without the express written permission of Lessee. Lessee is not responsible for damages or injuries resulting from 1) Renter’s failure to follow operating instructions and warnings set forth in this contract, 2) Renter’s failure to notify Lessee within 24 hours from start of rental period of any damages that result to any surface for any reason, including equipment malfunction, 3) continued use of equipment that malfunctions, 4) use of dye or bleach in Equipment, 5) use of Equipment on unauthorized surfaces or coverings, 6) placement or use of Equipment or allowing overspray or drips on a floor surface such as hardwood or laminate that could become water damaged, or cause a slip and / or fall, or 7) use of equipment by a party other than Renter. If Equipment malfunctions, appears unsafe or contains any contaminants such as bleach or dye, Renter agrees to immediately discontinue its use and return Equipment to Lessee and notify Lessee.

YOU AGREE THAT LESSEE IS NOT RESPONSIBLE FOR

(A) YOUR FAILURE TO FOLLOW THE INSTRUCTIONS AND WARNINGS CONTAINED IN THIS CONTRACT (B) ANY DAMAGE CAUSED BY A PROBLEM WITH OUR MACHINES, EQUIPMENT, OR PRODUCTS THAT IS NOT REPORTED WITHIN 30 DAYS OF IT HAPPENING; (C) YOUR CONTINUED USE OF MALFUNCTIONING MACHINES, EQUIPMENT OR PRODUCTS; (D) YOUR USE OF DYE OR BLEACH; AND (E) YOUR USE OR PLACEMENT OF OUR MACHINE ON SURFACES LESSEE TOLD YOU NOT TO USE OR PLACE IT ON.

  1. Indemnification. Renter agrees that neither he or she, nor anyone who uses the rented Equipment, nor anyone for whose benefit the rented equipment is used will make any claim, demand or participate in any cause of action or claim for damage against Lessee arising from property damage, personal injury, false imprisonment, intentional or neglect infliction of emotional distress, or time loss arising from the use of the rented equipment. Renter further agrees to indemnify, hold harmless, and defend Lessee and its respective agents and employees from all claims, demands, or causes of action or damage arising from property damage, personal injury, false imprisonment, intentional or negligent infliction of emotional distress, or time loss to anyone else arising from the use of the rented equipment.

 

  1. Insurance Company Waivers.To the extent permitted by any insurance policies Renter may have, including, but not limited to, any homeowner’s insurance policy, Renter hereby waives (1) any right of its insurer to subrogate against Lessee or its respective agents and employees, and (2) any rights Renter may have to be reimbursed for a deductible under an insurance policy, with respect to any loss, damage, or injury of whatsoever kind arising out of or incident to the rental, purchase or use of any and all equipment or products.

 

SAFETY INSTRUCTIONS AND WARNINGS

When using an electrical appliance, basic precautions should always be followed. Read all instructions before using this appliance.

WARNING: Lessee’s carpet cleaning machines are electrical appliances. When using an electrical appliance, there are certain precautions that must be taken to ensure your safety and the safety of others who are using or who are in proximity to the area Equipment is being used in. FAILURE TO FOLLOW THE WARNINGS AND INSTRUCTIONS BELOW MAY EXPOSE YOU TO A RISK OF FIRE, ELECTRIC SHOCK, SERIOUS BODILY INJURY AND POSSIBLY EVEN DEATH. Accordingly, you agree that you have received, read and will follow the below listed warnings:

  • Do not use if piece of Equipment, including any attachment or cord, appears damaged. If Equipment is not working or has been dropped, damaged, left outdoors, rained on or dropped in water, do not use and immediately return Equipment to your rental location.
  • To reduce the risk of fire and electric shock due to internal component damage, use only cleaning products intended for use with Equipment.
  • Do not use Equipment as a vacuum.
  • Do not run Equipment over the cord. Keep cord away from heated surfaces.
  • Do not run Equipment over electrical outlets that may be located on the floor.
  • Do not pull or carry by cord, use the cord as a handle, close the door on cord or pull cord around sharp edges or corners.
  • Do not leave Equipment while plugged in. Turn off all power and controls before unplugging. Unplug from the outlet when not in use and before servicing.
  • Do not unplug by pulling on the cord. To unplug, grasp the plug, not the cord.
  • Do not handle plug or Equipment with wet hands.
  • Do not use flammable or combustible liquids, such as gasoline or lighter fluid in Equipment or use Equipment in areas where combustible liquids may be present.
  • Do not use to pick up anything that is burning or smoking, such as cigarettes, matches, or hot ashes.
  • Do not place any objects into Equipment or attachment openings and do not use Equipment if any openings are blocked. Keep openings free of dust, lint, hair or any other thing that reduces airflow.
  • Keep hair, loose clothing, fingers and all parts of the body away from openings and moving parts.
  • Do not allow Equipment to be used as a toy. Close attention is necessary when used by or near children. Do not allow children to operate Equipment.
  • Do not submerge or place Equipment in standing water or try to clear flooded areas with Equipment.
  • Do not use any attachments other than those designated by Lessee.
  • Do not use Equipment without the upper (white) tank in place.
  • Do not use Equipment if the filter in the dome is not in place.
  • Do not use an extension cord.
  • Wear rubber-soled shoes when cleaning.
  • Connect Equipment to a properly grounded outlet only. See “Grounding Instructions” below.

GROUNDING INSTRUCTIONS

The carpet cleaning Equipment must be grounded. If it should malfunction or break down, grounding provides a path of least resistance for electric current to reduce the risk of electric shock. This appliance is equipped with a cord having an equipment-grounding conductor and grounding plug. The plug must be plugged into an appropriate outlet that is properly installed and grounded in accordance with all local codes and ordinances.

WARNING: Improper connection of Equipment-grounding conductor can result in a risk of electrical shock. Check with a qualified electrician or service person if you are in doubt as to whether the outlet is properly grounded. Do not modify the plug provided with the appliance. If the plug does not fit the outlet, have a proper outlet installed by a qualified electrician. This appliance is for use on a nominal 120-volt circuit and has a grounded plug as illustrated here. Make sure the appliance is connected to an outlet having the same configuration as the plug. No adapter or extension cord should be used.

WARNING: EQUIPMENT MAY CONTAIN WATER. For best cleaning results and to avoid the risk of permanent damage to your property, carpets, floors and furniture, please follow the below listed warnings:

  • Always read and follow your carpet or upholstery manufacturer’s recommended cleaning instructions before using Equipment.
  • Use extra care when cleaning on stairs.
  • Equipment is designed to clean normally soiled carpets in one cleaning pass. Two passes can be used for heavily soiled carpets but not on Berber, multi-level, or looped carpets. Do not use more than two cleaning passes on any area of carpet. Failure to follow this instruction may result in over-wetting and permanent staining of carpet. If carpets are not sufficiently clean, allow to dry completely and clean again using only one pass.
  • Do not use or place Equipment on wood, laminate, or natural fiber floors.
  • Do not use or place Equipment on natural fiber, silk, wool, sisal, jute, hand-loomed, or braided carpets and rugs.
  • Do not use Equipment to clean the following fabrics: silk, Haitian cotton, velour, velvet, corduroy, leather, fabrics with cleaning code S or X, or any non-colorfast fabrics.
  • Do not use bleach, dye, laundry detergents, cleaning powders, harsh solvents or chemicals with Equipment as permanent damage to your property may result.
  • When cleaning carpet, set black rocker switch on the top of Equipment to “Carpet.” If this switch is set to “upholstery/hand tool,” damage may result.

Indemnification. No one, including you, will claim any damages against Lessee arising from property damage or injuries from the use of the Equipment. If you or someone else does make such a claim, you have to pay for it.

LESSEE WILL NOT PAY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ASSOCIATED WITH THE USE OF THIS MACHINE. LESSEE WILL NOT PAY ANYTHING MORE THAN THE RENTAL FEE YOU PAID (some states do not allow this exclusion so it may not apply to you). ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE VALUE OF THE RENTAL FEE YOU PAID.

If you have an insurance policy that pays for damages you allege were caused by the Equipment, you agree to waive (1) any right of your insurer to subrogate against Lessee or its respective agents and employees, and (2) any rights you may have to be reimbursed for a deductible under an insurance policy.

ADDITIONAL EQUIPMENT RESERVATIONS TERMS

The following additional conditions apply to Reservations for Equipment made online: Rental Fee. The Rental Fee (“Rental Fee”) for the Equipment will be the total of the Rental Fee listed on the site or app for your rental of the Equipment. When you place your Equipment Reservation, you authorize Lessee to charge your payment card for the Rental Fee. Lessee will charge your payment card the amount of the Rental Fee on your schedule pickup day. A reservation of Equipment on the site or app is an order for the rental of that Equipment, regardless of how far in advance that product is reserved. At the time of your reservation, you authorize Lessee to charge your payment card for an amount equal to the original retail value of the product (when new) set forth on the site or app (“retail value”) plus applicable sales taxes; provided that Lessee will only charge your payment card for an amount greater than the Rental Fee if you fail to return the Equipment or the Equipment is returned damaged. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties,  levies and other governmental assessments, all of which shall be paid by you directly or, if paid by Lessee, shall be paid by you to Lessee in connection with your rental order.

Reservation Cancellation Policy. You may cancel if you contact the Lessee 24 hours before your scheduled rental duration.

The following additional conditions apply to delivery orders made online. Rental Fee. The Rental Fee (“Rental Fee”) for the product will be the total of the Rental Fee and delivery charges listed on the site or app for your rental of the product. When you place your rental order for a product, you authorize Lessee to charge your payment card for the Rental Fee. Lessee will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a product on the site or app is an order for the rental of that product, regardless of how far in advance that product is reserved. At the time of your rental order for a product, you authorize Lessee to charge your payment card for an amount equal to the original retail value of the product (when new) set forth on the site or app (“retail value”) plus applicable sales taxes; provided that Lessee will only charge your payment card for an amount greater than the Rental Fee if you fail to return the Equipment or the Equipment is returned damaged. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by Lessee, shall be paid by you to Lessee in connection with your rental order. Delivery. Equipment is delivered on your scheduled delivery date between the hours of 9 am and noon. The default is to leave the product package by the front door. But, you may leave specific instructions on the order form as to where you want your product package left, for example, in the apartment front office, with the doorman, by the side or back door, or behind the garage. You can also leave instructions for drivers to always to ring your doorbell or knock on your door when your Equipment are being left. Lessee may use employees, third party couriers, or shipping partners, which may change from time to time at Lessee’s discretion.

 

Return Packaging. With the delivery of Equipment, Lessee will provide you with a Lessee box as well as instructions for your use in returning Equipment to Lessee (“return packaging”). The Lessee Equipment, upholstery tool, and bucket are not yours to keep. The solutions are yours to keep. Receipt of Equipment. Upon delivery, you bear responsibility for the product(s) so a secure shipping address is highly recommended. A “secure shipping address” means a location where an individual can physically receive Equipment at the time of delivery. If an un-secure shipping address is provided, Lessee does not bear liability for Equipment left unattended. You- also acknowledge that providing anything other than a secure shipping address may result in delivery delays and additional delivery fees for which Lessee will not be liable. You may be liable for all such delays and additional delivery fees.

Delivery cancellation policy. You may cancel your delivery rental order subject to the following cancellation fees and policies:

  1. TO CANCEL YOUR DELIVERY, CONTACT LESSEE AT 559-492-6049 AND LEAVE A VOICE MAIL WITH YOUR NAME AND DELIVERY ADDRESS.
  2. IF RENTER CANCEL LESS THAN 24 HOURS THE DAY BEFORE YOUR SCHEDULED DELIVERY, YOU WILL RECEIVE HALF OF YOUR RENTAL FEE AND ENTIRE SECURITY DEPOSIT ASSOCIATED WITH THE CANCELED ORDER. (EXAMPLE: YOUR SCHEDULED DELIVERY IS FRIDAY FOR 9:00 AM AND YOU CANCEL ON THURSDAY AT 8:00 AM.)
  3. IF RENTER CANCELS 24 HOURS OR MORE BEFORE THE RENTAL PERIOD, RENTER SHALL BE REFUNDED THE ENTIRE RENTAL FEE AND SECURITY DEPOSIT.