CHEETAH CRATE LLC RENTAL TERMS & CONDITIONS
Please read these terms carefully. These Terms and Conditions (“Agreement”) set forth the entire understanding between Cheetah Crate LLC (“CCKC”), a Missouri limited liability company (together with its affiliates) and you, the customer (“Customer”) with respect to the rental of Equipment (as hereinafter defined). Customer agrees with, and agrees to be bound by, this Agreement. Furthermore, Customer agrees that all information Customer provides CCKC is accurate, correct, and up to date.
CCKC’s acceptance of any and all order(s) from Customer is expressly based on Customer’s unqualified acceptance of this Agreement. For the purposes of this Agreement, “Equipment” means the crate containers, dollies, and other equipment, as well as all accessories and additions thereto, as well as all replacements and renewals thereof, which CCKC has agreed to rent to the Customer.
1. Payment Terms
To complete an rental order of certain Equipment, payment will be made on CheetahCrateKC.com (“our Website”) during the checkout process of such rental order. Initial payment shall be made for the rental period agreed upon during checkout. Customer shall pay all applicable sales/rental taxes on Equipment at that time. The rental period ends on the date the Customer selected to have the Equipment picked up. Customer acknowledges the Customer’s credit or debit card will be kept on file until the Equipment has been successfully picked up and for a period of at least one (1) week thereafter. Customer authorizes CCKC to charge such card for any amounts permitted or authorized by this Agreement. If CCKC incurs a fee due to insufficient funds on the Customer’s payment method, Customer may be subject to a fee of no less than $30.00.
2. Credit Card Authorization
The Customer agrees that Customer’s credit card will be kept on file for the duration of the rental agreement and at least one (1) week thereafter. Customer acknowledges and authorizes CCKC to charge any amounts permitted or authorized by this Agreement.
3. Delivery and Pick-Up
Customer acknowledges that Customer has sole responsibility to acknowledge and be present for delivery and pick-up of the Equipment. If the Customer is not present for the delivery and pick-up of the Equipment and has not previously given at least 24 hours’ notice to reschedule the same, Customer may be subject to a fee of $30.00.
Important – For delivery and pick-up to/from apartments, CCKC will only deliver and pick up at a ground-floor entrance, lobby, or curbside location, and will only deliver and pick up in a hallway adjoining the entrance to the apartment. For all deliveries and pick-ups, CCKC will not deliver or pick up at any location requiring its personnel to climb or descend more than 3 stairs. Customer is responsible for making arrangements with CCKC regarding this at least 24 hours before delivery and pick-up.
4. Rental Extension
Customer has sole responsibility to have available all Equipment for pick-up on the agreed-upon date stated on the order invoice, or a rental extension fee may be assessed. Additionally, for every day the Customer possesses the Equipment beyond the agreed-upon pick-up date, the Customer will be charged the standard daily rental date for all overdue Equipment in the Customer’s possession.
5. Replacement Costs
CCKC will make all reasonable efforts to accommodate missed pick-ups. However, it reserves the absolute right to decline them for any reason. If the Equipment is not returned for 30 days after the originally scheduled pick-up date and the Customer has not communicated an effort to extend the rental term, it will be assumed that the Customer wishes to purchase the equipment and will be charged $50 per crate and $69 per dolly in the Customer’s possession. The same fees will be assessed for Equipment that CCKC deems to be damaged beyond use.
If any of the Equipment is damaged but is deemed repairable by CCKC, a repair fee of $20 per crate and $40 per dolly will be assessed.
Equipment is, and shall at all times remain, the sole and exclusive property of CCKC.
7. Warranty/Risk of Loss
CCKC guarantees that the Equipment will be in good operating condition at the time of delivery to the Customer. If the Customer finds the Equipment to be faulty at the time of delivery in accordance with Section 8 of this Agreement, CCKC will replace the Equipment in accordance with the same. CCKC disclaims all other warranties, implied or expressed. CCKC is not responsible for the Customer’s methods of use of the Equipment, the operation the same, or the results obtained of the same. CCKC is also not responsible for damages incurred to any property as a result, whether direct, indirect, or consequential, of the Customer’s use of the Equipment. During the rental period, all risk of loss, destruction of or damage to the Equipment or any other property, or injury to any person, from any cause whatsoever, shall be the sole responsibility of the Customer. The cost to repair or replace damaged or unreturned Equipment will be charged to the Customer’s payment method on file in accordance with the provisions of this Agreement.
8. Notification of Fault Equipment
Upon delivery of the Equipment to the Customer, the Customer shall immediately and carefully inspect the Equipment in the presence of the CCKC delivery representative to determine whether it has been damaged during delivery. In the event of any such damage, the Customer shall inform the CCKC delivery representative and a replacement will be provided at no cost to the Customer. If the Customer shall fail to notify CCKC of any such damages on the same business day as the receipt of the Equipment, then the Customer shall be deemed to have accepted the Equipment as being in acceptable condition and shall be held responsible for any damage that the Equipment incurs thenceforth until the equipment is returned to CCKC. During the Customer’s possession and control of the Equipment, all risk of loss, destruction of, or damage to the Equipment, from any cause whatsoever, shall be borne by the Customer.
The Customer will use the Equipment in a safe manner and at the Customer’s own risk. Customer shall not hold CCKC responsible or liable for damages caused by the Customer’s use of the Equipment.
The Customer shall absolutely never use the Equipment to store, transport, carry, or otherwise make contact with any hazardous materials, unsealed liquids, or any other substances or materials that would damage the Equipment or render it unusable for future rentals.
No alteration to the Equipment may be made without the prior written consent of CCKC. Proper care and maintenance of the Equipment during the rental period will be the sole responsibility of the Customer. Equipment which is returned in a condition requiring repairs due to excessive wear and tear or mishandling will be restored to rentable condition at the expense of the Customer.
The Customer will be charged full replacement cost of any equipment returned that CCKC deems to be unsuitable for future rentals.
Neither this Agreement, nor the Equipment associated thereto, may be assigned, transferred, or in any way encumbered by the Customer without the written consent of CCKC.
Customer shall be deemed to have breached this Agreement if the Customer: (A) Defaults in any payment for the Equipment ordered and/or any associated charges; (B) Defaults in any of the terms herein and such default shall remain unresolved for three (3) days after written notice to the Customer by CCKC; or (C) Becomes insolvent or files for bankruptcy.
In the event of any default on this Agreement, CCKC will declare the entire amount of unpaid payments immediately due and payable, and CCKC can immediately terminate this Agreement. All costs and expenses to recover equipment and/or rental fees, as well as legal and incidental costs incurred in the execution of this section, shall be covered by the Customer.
14. Release of Liability/Limitation on Damages
CCKC shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known, or otherwise): (A) loss of data; (B) loss of revenue or anticipated profits; (C) loss of business; (D) loss of opportunity; (E) loss of goodwill or injury to reputation; (F) losses suffered by third parties; (G) damage to property stored in or transported by the Equipment; or (G) any other losses, whether direct, indirect, or consequential.
Customer agrees to indemnify and hold harmless CCKC and its associates, licensees, suppliers, directors, officers, shareholders, employees, and agents (“CCKC et al”) from and against all liabilities, claims, actions, proceedings, damages, losses, costs, and expenses, including attorney fees, for all injury or death of any person, or damage to any property, occurring, arising from, or connected with, directly or indirectly, this Agreement and/or Customer’s possession, use, and return of any of the Equipment. The Customer shall be in charge of the Equipment’s operation and is fully responsible for its safe operation, as well as the return of the Equipment in good working order, pursuant to the relevant clauses of this Agreement.
CCKC shall not be liable for any damages or expenses that exceed payment actually paid by the Customer to CCKC.
CCKC et al shall not be responsible for injury incurred by the Customer, or by any other persons, and the Customer further agrees to hold CCKC et al harmless against any and all such claims and legal actions. Furthermore, CCKC et al shall not responsible for property damage incurred by the Customer, or by any other entities, and the Customer further agrees to hold CCKC et al harmless against any and all such claims and legal actions. The Customer shall indemnify CCKC et al from and against any and all costs incurred due to claims from anyone and for attorney fees and related costs involving the use and return of the Equipment, should any legal action become necessary.