By renting saddles you are agreeing
DEFINITIONS
“Agreement” means the Reservation Details, together with any associated Rental and Service Agreement, including these Rental and Service Terms which are incorporated by reference therein.
“Customer” means the person or entity identified as such in the Reservation Details or any representative, agent, officer or employee of Customer.
“Equipment” means any one or more of the items identified as rental items in the Reservation Details and any accessories, attachments or other similar items delivered to Customer including, but not limited to, bicycle saddles, shipping cases, locks and mounting accessories.
“Rental and Service Agreement” means the agreement made between Customer and Bike Fit Box for Bike Fit Box to rent Equipment and/or provided Services, whether that Agreement is made in person at the Store Location, online, or at the time of Equipment delivery, and which incorporates by reference these Rental and Service Terms and which identifies the Equipment to be rented by Customer. The Agreement incorporates these Rental and Service Terms by reference.
“Rental Period” means the period of time between the “Rental Out” and “Scheduled In,” set forth in the Rental and Service Agreement, except that the Rental Period may terminate earlier as provided in Sections 18 and 28 hereof or if Customer returns the Equipment earlier. “Credit Card” means the credit card provided by Customer as part of this Agreement or otherwise kept on file with Bike Fit Box.
“Reservation Details” means the Equipment, Rental Period, delivery information, payment information and other information set forth on the Confirmation/Order Summary Screen or the Rental and Service Agreement, as the case may be.
“Store Location” means the Bike Fit Box address set forth in the Rental and Service Agreement.
Authority to Sign
Any individual signing the Agreement represents and warrants that he or she is of legal age and has the authority and power to sign this Agreement on behalf of Customer.
Indemnity/Hold Harmless
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD BIKE FIT BOX, AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE (A) INSTALLATION, OPERATION, USE, POSSESSION OR RENTAL OF THE EQUIPMENT, OR (B) ERRORS, OMISSIONS, INACCURACIES OR MISREPRESENTATIONS (WHETHER INTENTIONAL OR INADVERTENT) IN THE DOCUMENTS OR OTHER INFORMATION PROVIDED BY CUSTOMER, OR OBTAINED FROM OTHERS, UPON WHICH BIKE FIT BOX RELIES WHEN PROVIDING THE EQUIPMENT OR SERVICES. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST BIKE FIT BOX BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY BIKE FIT BOX FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BIKE FIT BOX. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE AGREEMENT.
Inspection of equipment
Customer acknowledges that Customer has inspected the Equipment prior to taking possession thereof, finds it in good working order and repair, and suitable for Customer’s needs. Customer further acknowledges that Customer has inspected the rails, shell and cover of the saddle. Customer acknowledges Bike Fit Box is not responsible for any damage to Customer’s bike by any impropering installed saddle or accessories.
Limitation of liability
In no event shall Bike Fit Box be liable or responsible to Customer or any other party for: (i) any loss, damage or injury caused by, resulting from or in any way connected with the Equipment, its installation or its use; (ii) Bike Fit Box’s failure to deliver the Equipment as required hereunder or Bike Fit Box’s failure to repair or replace non-working Equipment; or (iii) any incidental, consequential, punitive or special damages, even if so advised of the possibility of such damages. Customer acknowledges and assumes all risks inherent in the operation, use and possession of the Equipment from the time the Equipment is delivered to Customer until the Equipment is returned to Bike Fit Box and will take all necessary precautions to protect all persons and property from injury or damage from the Equipment.
Use of Equipment
Customer is familiar with the proper installation and use of each item of Equipment. Customer has selected the Equipment based on its requirements and will not use or allow anyone to use the Equipment for an illegal purpose or in an illegal manner; without a license, if required under any applicable law; or who is not qualified to operate it. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD BIKE FIT BOX HARMLESS FROM ALL FINES, PENALTIES, DAMAGE TO EQUIPMENT. Customer agrees to: (i) clean and visually inspect the Equipment daily; and (ii) immediately cease using the Equipment and immediately notify Bike Fit Box if Equipment needs repair or maintenance. Customer acknowledges that Bike Fit Box has no responsibility to inspect the Equipment while it is in Customer’s possession. Bike Fit Box shall have the right to replace the Equipment with other reasonably similar equipment at any time and for any reason.
Warranty and disclaimer
BIKE FIT BOX WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD WORKING ORDER UPON DELIVERY AND THE SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, BIKE FIT BOX MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE EQUIPMENT, SPECIALTY MEDIA, OR SERVICES AND MAKES NO WARRANTIES AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING THE PERFORMANCE OF ANY FILTRATION EQUIPMENT TO MEET ANY APPLICABLE REGULATORY STANDARD. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER’S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS OR CONTAMINANTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THE AGREEMENT, BIKE FIT BOX DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL TRANSACTION. IN THE EVENT OF A BREACH OF THE ABOVE EQUIPMENT WARRANTY, BIKE FIT BOX SHALL, AT ITS SOLE COST AND EXPENSE, REPAIR OR REPLACE THE EQUIPMENT. IN THE EVENT OF A BREACH OF THE ABOVE SERVICE WARRANTY, BIKE FIT BOX SHALL, AT ITS SOLE COST AND EXPENSE, RE-PERFORM THE SERVICE.
Return of equipment/damaged & lost Equipment
At the expiration of the Rental Period, Customer will return the Equipment to the Store Location with the provided shipping label. Customer is obligated to restore the Equipment to the same condition as when delivered, reasonable wear and tear (as defined below) accepted. Customer shall be responsible for all damages to or loss of the Equipment from the time Customer takes possession of the Equipment until the Equipment is either returned to the Store Location by Customer or confirmation of acceptance by the shipping company. In the case of the loss or destruction of any Equipment, or inability or failure to return same to Bike Fit Box for any reason whatsoever, Customer will pay Bike Fit Box the then full replacement list value of the Equipment together with the full rental rate as specified until such Equipment is replaced. If the Equipment is returned in a damaged or excessively worn condition, Customer shall pay Bike Fit Box the replacement list value and pay rental on the Equipment at the regular rental rate until such Equipment is replaced. Bike Fit Box shall be under no obligation to commence rental until Customer has paid to Bike Fit Box the estimated cost therefor. Customer agrees that Bike Fit Box reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to damaged or lost Equipment.
Late Return
Customer agrees that if the Equipment is not returned by the end of the Rental Period), Bike Fit Box, in its sole discretion, may require Customer to do any of the following: (A) continue to pay the rental rate(s) applicable to the Equipment as specified in the Agreement; (B) for periods less than 24 hours, pay $20. Customer agrees that Bike Fit Box reserves the right to charge the
Deposit/Payment
A. DEPOSIT: In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the terms of this Agreement to be performed by Customer. In the event of any breach by Customer, the deposit will be credited against any damages, cost or expense incurred by Bike Fit Box as a result of the breach.
B. PAYMENT: All amounts due hereunder shall be payable in full upon receipt of invoice by Customer. Customer acknowledges that timely payment of rental and service charges is essential to Bike Fit Box’s business operations and it would be impractical and extremely difficult to fix the actual damages caused by late payment. Customer and Bike Fit Box agree that there shall be added to all past due rental charges a late payment fee equal to the lesser of two percent (2%) per month (24% per annum) on any such payments outstanding after 30 days, or the maximum amount allowed by applicable law. Effective January 1, 2021 and where permitted by law, Bike Fit Box may impose a surcharge of 2.4% for credit card payments on charge accounts. This surcharge is not greater than Bike Fit Box’s merchant discount rate for credit card transactions and is subject to sales tax in some jurisdictions. Rental rates do not include sales tax, goods and services tax or other taxes, levies and assessments required to be collected by Bike Fit Box from Customer at any time upon, or in respect of, the Equipment and/or the Agreement (collectively, “Taxes”). Customer agrees that Bike Fit Box reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to late or past due payment(s) or rental charges or Taxes.
No assignment, lending or subletting
Customer shall not sublease, subrent, assign or loan the Equipment without first obtaining the written consent of Bike Fit Box, and any such action by Customer, without Bike Fit Box’s written consent, shall be void. Customer agrees to use and keep the Equipment at the job site set forth in the Agreement unless Bike Fit Box approves otherwise in writing. Bike Fit Box may at any time, without notice to Customer, transfer or assign the Agreement or any Equipment or any moneys or other benefits due or to become due hereunder.
Entire agreement/Only agreement
These terms and conditions and the front the Agreement, and any Addendum attached thereto, represent the entire agreement between Customer and Bike Fit Box with respect to the Equipment and the rental and servicing of the Equipment. There are no oral or other representations or agreements not included herein. None of Bike Fit Box’s rights or Customer’s rights may be changed and no extension of the terms of this Agreement may be made except in writing, signed by both Bike Fit Box and Customer. Any use of Customer’s purchase order number on this Agreement is for Customer’s convenience only.
Class action waiver
Customer agrees that any claims or proceedings brought by Customer relating to this Agreement will be conducted on an individual basis, and not on a class-wide, collective, or representative basis, and that any one person’s claims or proceedings may not be consolidated with any other claims or proceedings. Customer will not sue Bike Fit Box as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Bike Fit Box. Nothing in this paragraph, however, limits Customer’s right to bring a lawsuit as an individual plaintiff.
Jury Waiver
The federal and state courts in the county in which the Store Location is located shall have exclusive jurisdiction over all matters relating to this Agreement. TRIAL BY JURY IS WAIVED. In order to effect service of process on Bike Fit Box, please contact the Secretary of State Corporations Division or the equivalent office in your state to obtain the name of the registered agent and the registered office address that is on file with the Secretary of State for Bike Fit Box. Bike Fit Box shall be entitled to decrees of specific performance (without posting bond or other security) in addition to such other remedies as may be available.
Other provisions
- Any failure of Bike Fit Box to insist upon strict performance by Customer of any terms and conditions of this Agreement shall not be construed as a waiver of Bike Fit Box’s right to demand strict compliance. Customer has carefully reviewed this Agreement and waives any principle of law which would construe any provision hereof against Bike Fit Box as the drafter of this Agreement. Any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement.
- Customer agrees to pay all reasonable costs of collection, court costs, attorneys’ fees and other expenses incurred by Bike Fit Box in the collection of any charges due under this Agreement or in connection with the enforcement of its terms.
- Customer shall pay the rental charges without any offsets, deductions or claims.
- Customer consents to the collection, use and disclosure of his or her personal identification and financial information as described herein and in Bike Fit Box’s Privacy Policy. Customer’s personal identification and financial information is provided voluntarily and not as part of a credit card transaction. Personal identification information includes, for example, Customer’s name, billing address, ZIP code, telephone number, date of birth, driver’s license number and email address. Financial information includes, for example, information related to any balances or invoices related to the Agreement. Customer’s personal identification information can be used for purposes of this transaction, any subsequent transactions with Bike Fit Box and for Bike Fit Box to evaluate and improve its products and services and/or develop new products or services. Customer’s personal identification information and/or financial information may be disclosed to contractors, service providers and other third parties that support Bike Fit Box’s business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- Bike Fit Box shall have the right to immediately repossess the Equipment, without any liability to Customer, in the event of (i) permanent closure of the Store Location; (ii) declaration of any emergency, disaster or similar situation by any federal, state or local government; or (iii) as otherwise set forth in this Agreement.