Terms and Conditions
1. ENTIRE AGREEMENT
This electronic document is the entire, final and complete agreement between the Rentee (Rentee) and Denver’s Moving Boxes (Renter) or its Assigns and supersedes and replaces all written and oral agreements heretofore made or existing by and between the parties or their representatives. Any and all representations, promises, warranties, or statements by Renter’s agent that differ in any way from the terms of this written contract shall be given no force or effect. No other terms or conditions exist unless in writing signed by both parties.
All rental fees shall be paid in full on or before delivery. Renter reserves the right to restrict the terms of payment or to require payment in full prior to pickup or shipment. If in the Renter’s opinion, Rentee’s financial condition or other circumstances do not warrant shipment or pickup according to terms originally specified herein, Renter can refuse delivery. All past due accounts are subject to a late charge computed at a periodic rate at 1.5% per month, which is an annual percentage rate of 18%.
3. DUTY TO INSPECT ON DELIVERY
Rentee shall inspect the boxes and other delivered materials immediately on arrival, and within 24 hours after delivery. Rentee shall give notice to Renter at Renter’s Denver, CO office by telephone and by email, of any claim of damages on account of condition, grade, quality, or quantity of the boxes and supplies, and Rentee must specify the basis of Rentee’s claim in detail. The failure of Rentee to comply with these conditions shall constitute irrevocable acceptance of good with the Rentee. If Rentee shall fail to give such notice, the goods shall be deemed to conform with the terms of the contract. Rentee expressly waives any right Rentee may have to revoke acceptance after the expiration of said 24 hour period. The use of boxes and supplies, without giving any written notice of rejection as required by the Agreement, shall be deemed and construed as an acceptance of the boxes and supplies and as conclusive evidence that the boxes and supplies are as represented.
4. FAILURE TO DELAY IN DELIVERY
Renter shall not be liable in any failure or delay in the delivery and shipment of the boxes and supplies or for any damages suffered by Rentee by reason of such delay, when such delay is, directly or indirectly, caused by, or in any manner arises from road conditions, fires, floods, accidents, carrier difficulties, transportation delays, acts of God, or any other cause, or causes beyond Renters control.
5.DELIVERY AND RISK OF LOSS
Deliveries and risk of loss shall be made according to the sales order form executed by the parties. If there is no sales order form or other agreement between the parties, then delivery shall be the sole responsibility of Rentee and risk of loss, injury, or destruction of goods shall pass to Rentee when the boxes and supplies are delivered to the Rentee, and any such loss, injury, or destruction shall not release Rentee from any obligation to pay for the boxes and supplies.
6. LIMITATION OF RENTER’S LIABILITY
Renter shall not be liable to Rentee hereunder, whether in contract, in text, or otherwise, for any damage in excess of the rental price of the goods with respect to which such damage is claimed. Renter shall not be liable to Rentee for incidental or consequential damages, specifically including but not limited to property damage, injuries to persons, loss of profits, and Rentee hereby waives any and all claims for such damages. Rentee agrees to indemnify and reimburse Renter for any and a all damages resulting from the use, delivery and pickup of boxes and supplies. Any federal state, and local sales, use or excise taxes required to be paid on account of this sale are the responsibility of the Rentee and are in addition to the contract price.
7. DEFAULTS AND REMEDIES
In the event of a default by Rentee, Renter shall be entitled to all the remedies therein including the right of resale / re-renting, and Rentee shall be liable for any deficiency on such resale / re-renting in addition to any incidental damages sustained by the Renter. Rentee acknowledges and understands that boxes and supplies are in demand, and therefore, immediate resale / re-renting is imperative and Rentee hereby waives notice of resale / re-renting. Rentee agrees to reimburse Renter for any and all damage to equipment, boxes, etc. rented to Rentee. This reimbursement will include replacement of damaged equipment, at sole discretion of Renter, normal wear and tear excepted, at the lesser of Buyer’s replacement cost for a similar new item or $20 for boxes and $70 for dollies.
No modification or amendment of this contract or any covenant, condition or limitation herein contained shall be valid unless the same in in writing and signed by both parties. The parties agree that their transactions may from time to time be amended by email and / or facsimile transmission. In the event that email or facsimile transactions are used to conduct business and make modifications the parties agree that any and all signatures, even though that not original, shall bind the signing party and his or her company or business.
9. COMMERCIAL PURPOSES
Renter makes no warranties, expressed or implied, including the warranty or merchantability and fitness for a particular use or purpose, to rentees / consumers.
10. ATTORNEY AND COLLECTION AGENCY FEES
If Rentee fails to pay the purchase price in full by the due date and this contract is placed in the hands of an attorney or collection agency for collection, Rentee agrees to pay Renter reasonable attorneys fee and collection agency fees and collection costs even though no action or suit is filed thereon. Rentee agrees to all terms and conditions listed above.