Terms and Conditions of Rental
TygaBox Systems, Inc.
(a) The "Company" means Tyga-Box Systems, Inc. its subsidiaries and affiliates.
(b) The "Equipment" means boxes, dollies, carts, trucks and other Equipment, and all accessories and additions thereto and all replacements and renewals thereof which the Company has agreed to rent to the Customer (as defined below).
(c) The "Customer" means the person or company renting the Equipment.
- Any and all rentals of Equipment by the Company are subject to the conditions herein.
- The Company agrees to supply Equipment in fully serviceable condition. The Customer must check Equipment against delivery invoices and notify the Company of any shortage or damage within 24 hours of delivery. In absence of any such notification, the Customer will be deemed to be satisfied with the quantity and condition of the Equipment, and that it is suitable for the purpose required.
- The Customer may either:
(a) Pick up the Equipment from such warehouse or other location as the company shall designate, or
(b) Request the Company to deliver the Equipment to such other location as the Customer shall designate, in which case, the Customer will be liable for delivery charges in accordance with the Company's normal rates which are available upon request.
- In all cases where the Company will make the delivery or pickup, the customer must have a designated representative at the delivery/pickup location to verify and sign for quantities of the Equipment delivered/picked up. The absence of such designated representative does not and will not relieve Customer for any liability arising from lost or damaged Equipment. Furthermore, in the absence of Customer's representative, the Company's count and condition report will be final.
- Equipment must be returned to the Company at the expiration of the rental period, either:
(a) by the Customer making delivery to the address specified by Tyga-Box Systems, Inc., pursuant to Section 4 (a) above, or:
(b) by the Customer requesting the Company to pick up the Equipment, in which case, the Customer will be liable for pickup charges in accordance with the Company's normal rates which are available upon request. The Equipment will only be treated as having been returned if the Company issues a return receipt to the customer,
(c) In the event that Equipment is not returned by any agreed date the rental charges will continue to apply until the Equipment is returned
- NO REPRESENTATION OR WARRANTY WHATSOEVER OF ANY KIND HAS BEEN OR IS GIVEN OR MADE BY OR ON BEHALF OF THE COMPANY IN RELATION TO THE QUALITY OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. ALL CONDITIONS OR WARRANTIES, WHETHER STATUTORY OR OTHERWISE, WHETHER EXPRESS OR IMPLIED WHETHER COLLATERAL OR ANTECEDENT HERETO ARE HEREBY EXPRESSLY EXCLUDED FROM ANY AND ALL REPRESENTATIONS MADE BY THE COMPANY. The Customer expressly agrees that it rents the Equipment "as is". The Company shall be under no liability for any loss or damage, or for any consequential or incidental loss or damage, whatsoever (including delay in delivery) with respect to or arising out of or in conjunction with the Equipment or any part of parts thereof howsoever caused. The Customer assumes the risk of liability arising from or pertaining to the possession, operation or use of the Equipment. The Customer indemnifies and holds the Company harmless against all claims, demands, damages, liabilities, or cost arising out of the use, possession or operation of the Equipment.
- The Customer shall be liable for payment of the rental charges as of the date of delivery of the Equipment to the Customer, or to such location as the Customer directs, and shall be responsible for maintaining it in good condition (except for reasonable wear and tear) until it is returned to the Company. Rental charges are calculated from the date of delivery to the date of return.
- If the Equipment is damaged during the rental term, the Customer must immediately notify the Company and pay the cost of repairing or replacing the damaged Equipment, whichever is applicable, in the Company's sole discretion. The amount of such payment will be in accordance with: (i) the Company's then current list of repair costs or (ii) the Company's replacement costs as set forth in the following table:
Item of Equipment Replacement Price
Computer Box $150.00
Computer Dolly $185.00
Samson Cart $650.00
Secure HIPAA cover $200.00
Flat Screen Monitor Cover $30.00
Purge Bin $750.00
Secure Shred Bin $550.00
Art Safe Case $1,500.00
- All rental charges are due and payable by the Customer in accordance with the terms set forth on the Company's invoice. The Customer will promptly repay the Company for all legal fees and expenses, collection agency fees and expenses and any other costs incurred by the Company with respect to any failure by the Customer to pay any such aforementioned charges when due in accordance with such terms.
- In the event of Equipment being lost or damaged beyond reasonable repair, while in the possession or control of the Customer, or not being returned within one (1) month of any return dates agreed upon or stipulated by the Company (or any extension thereof agreed in writing by the Company), the Company shall be entitled at any time, to invoice the Customer for, and the Customer shall be liable to pay, the replacement value of such Equipment in accordance with the Company's current replacement list. Payment of such amount shall not affect any rights of the Company or liabilities of the Customer existing at the dates of invoicing. Damaged Equipment must be returned to the Company in any event, even if such amount has been paid
- The Customer shall have no right of property in the Equipment except the right to use the Equipment in accordance with the terms and conditions set forth herein.
- Upon the happening of any of the events specified in Section 14 below, the Customer shall immediately return all Equipment to the Company unless the Customer has received the express written consent of the Company to retain the Equipment. If the Customer does not immediately return such Equipment, the Company may, without notice, retake possession of the Equipment and for that purpose enter upon a premise belonging to or in occupation or control of the Customer.
- (a) The Customer fails to pay any charges hereunder within ten (10) days of the such charges becoming due (whether demanded or not), or
(b) the Customer seeks protection under the bankruptcy laws (other than as a creditor), or
(c) the Customer passes a resolution for voluntarily dissolving its business, or (d) a receiver is appointed for the Customer.
- In the event of the Equipment not being returned at the end of the rental period, the Customer agrees to pay the Company on demand all expenses, costs and charges whatsoever incurred by or on behalf of the Company in ascertaining the whereabouts of the Customer or the Equipment or any part thereof or in taking possession of the same. The Customer will also repay to the Company all costs and charges and expenses incurred by reason of any breach of these terms and conditions by the Customer.
- No forbearance or indulgence shown or granted by the Company to the Customer, or failure or delay of the Company in exercising and enforcing the terms and conditions herein, shall in any manner whatsoever constitute waiver of any of the terms or conditions herein or affect, diminish, restrict or prejudice the rights and powers of the Company herein.
- The Customer shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, state, municipal, police and other laws, ordinances, and regulations in any way relating to the possession, use or maintenance of the Equipment.
- Each delivery or pickup allows for 1 driver and up to 1 hour from time of arrival at customer site per truckload. If further workers/time is required, the charge is $36.00 per worker hour.
- This Agreement shall be governed by and construed in accordance with the domestic laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the County of New York.