Pack Out Gear CUSTOMER RENTAL AGREEMENT
These terms and conditions (the "Agreement") are a legal agreement between you ("You" or "Your") and Pack Out Gear, LLC, with offices at 50 Terminal St., Bldg 2, #722, Charlestown, MA 02129 ("Pack Out Gear," "we," "us," or "our"), establishing terms and conditions under which You will submit information to, and rent tents, backpacks, dry bags, sleeping bags, sleeping pads, and accessories (each a "Product" and collectively, "Products") and receive related services ("Services") from, Pack Out Gear via our website at www.packoutgear.com (the "Website").
BEFORE YOU CLICK ON THE "CHECK OUT" BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY HAVE CHANGED SINCE YOU LAST USED THESE SERVICES. BY CLICKING ON THE "CHECK OUT" BUTTON, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT INCLUDING THE WEBSITE TERMS AND CONDITIONS OF USE AVAILABLE AT Terms & Conditions. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT SUBMIT YOUR PRODUCT ORDER. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OR PURCHASE OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE. THIS AGREEMENT APPLIES EVERY TIME YOU SUBMIT AN ORDER OR OTHERWISE USE OUR SERVICES.
1. General; Rental; Adult Agreement Required.
This Agreement contains all the terms and conditions governing Your rental of Products from Pack Out Gear via the Website from time to time. You agree that Your use of our Website and the Services, other than rental orders as set forth in this Agreement, is subject in all respects to our Website Terms and Conditions of Use available at Terms & Conditions, as such terms may change from time to time. No other terms or conditions (preprinted or otherwise) shall have any force or effect. You agree and acknowledge that You are renting the Products and that ownership of the Products remains with Pack Out Gear at all times. Our Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may rent the Products with a credit card or other approved payment method. By clicking the “Check Out” button, You represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described herein.
Children under the age of 13 may not use the Website and parents or legal guardians may not agree to the Website Terms and Conditions on their behalf. Children under 18 years of age but at least 13 years of age, may use the Website under the supervision of parents or legal guardians who agree to be bound by the Website Terms and Conditions of Use on their behalf. If You are a parent or legal guardian agreeing to the terms and conditions of this Agreement (including the Website Terms and Conditions) for the benefit of a child between the ages of 13 and 18, You are fully responsible for his or her use of the Website and the Services, and the rental of any Products, including all legal liability he or she may incur.
2. Responsibility for Use
You and those using with your permission are responsible for the use of the Products rented. You accept any risk associated with the use of the products and acknowledge that the use of some products may be dangerous. In consideration of the right to rent and use the products, you and those using the Products release Pack Out Gear from any and all claims for damages caused by personal injury, property damage, or any other claim for damages. You agree to indemnify and hold Pack Out Gear harmless from any such claims made by others caused or contributed to by the use of Products rented from Pack Out Gear by you.
3. Rental Fees; Credit Card Authorizations; Cancellations.
The rental fee ("Rental Fee") for the Products will be the rental fee, fee amount charges and delivery charges listed on the Website in connection with Your rental of the Products. Upon Your order for a Product, You hereby authorize us to charge Your credit card for the Rental Fee. We will charge Your credit card the amount of the Rental Fee immediately upon Your rental order. A reservation of a Product on our Website is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of Your order of a Product, You hereby authorize Pack Out Gear to charge Your credit card for the entire original retail value of that Product (when new) set forth on the Website, plus sales taxes ("Retail Value"); provided that we will only charge the Retail Value in the circumstances set forth in Section 4 below. 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 Pack Out Gear, shall be paid by You to Pack Out Gear in connection with Your order for the rental. You may cancel Your order for Products at least seven (7) days prior to the ordered delivery date, subject to the following cancellation fees: (i) for cancellations that are thirty (30) or more days in advance of such delivery date, no cancellation fee; and (ii) for cancellations that are less than thirty (30) days in advance of such delivery date, full credit that can be applied to a future Pack Out Gear purchase.
4. Our Commitments to You.
a. Delivery to You. We will deliver the Products You ordered, including the specified size and design, on or before the date for which You ordered them, except to the extent we informed You in connection with Your order that the specific Product was not guaranteed. Products may appear different in color and style than the photos displayed on our Website. Our liability to You for failure to do deliver the Product as ordered is limited to the timely delivery of Product as ordered or a refund of the Rental Fee (excluding fee amount and delivery charges) as determined by us. See Section 5(b) below.
1. Return of Unused Products Due to Size. If Your Product does not fit You, then You may return the Product to us within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting us via email or phone and returning the Product in conformance with the return procedures in Section 4(b) below (a "Sizing Return"). We will then issue you a credit for the full Rental Fee (less delivery charges) of the Product for a future rental by You of our Products, so long as the Product, in our sole discretion, has not been worn.
c. Delivery; Clean and Ready to Use. All deliveries will be through Pack Out Gear's shipping partners, which may change from time to time at the Company's discretion. The shipping method used will be at the discretion of Pack Out Gear. The Products can be delivered to you until 8:00 pm on your rental start date. The Products will be professionally cleaned and delivered ready to wear. We clean and inspect each product with the utmost care, but use of the product is at your own risk and Pack Out Gear shall not be held liable for any health-related complaints associated with a product rented from our site.
d. Return Packaging. With delivery of the Product, we will provide You with a pre-paid, pre-addressed label as well as instructions for Your use in returning the Products to Pack Out Gear ("Return Packaging").
5. Your Commitments to Us; Payment of Retail Value.
a. Receipt of the Products. Upon delivery, You bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, Pack Out Gear does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Pack Out Gear is not to be held liable, but You will be held liable.
b. Use of the Products. You agree to treat the Products with great care, as if it was borrowed from Your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, stuck zippers, broken poles, or other minor damage covered by the Wear ‘n’ Tear fee amount You paid for with your rental of the applicable Product(s). If You return a Product that is damaged beyond normal wear and tear, then You agree that we shall charge You, and You shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
c. Return of the Products; Extensions. You agree to return the Products to Pack Out Gear in the Return Packaging on the date set forth in connection with Your order. You may extend Your order for a Product on the Website or by phone to Pack Out Gear; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. Return of the Product will be accomplished by You placing the Product in the Return Packaging at any appropriate United Parcel Service (UPS) location by 12 p.m on or before the date that the Product is due. If You return the Products late or not at all, a late fee of five percent (5%) of the Retail Value will be charged to You every day that you are late on top of the initial rental fee already charged, and You agree to pay such additional fees, up to 200% of the Retail. If You lose the Return Packaging, You will be responsible for returning the item at your own expense by the expected return date, and providing Pack Out Gear with a tracking number.
d. Payment of Retail Value. We will not charge You for more than the Retail Value plus the Rental Value, in the aggregate, for any charges arising under this Section 4, excluding collection costs. If You pay us the full Retail Value under this Section 4 and You still possess the Product, the Product is Yours to keep, though on an "AS IS" basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any charges for the Retail Value pursuant to this Section 4.
e. Collections. If You do not pay the amounts You owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys' fees.
f. Removal. We reserve the right to terminate your right to rent Products from us at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
g. Email. We will use the preferences and orders You provide on our Website to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by emailing email@example.com or following the links provided at the bottom of those e-mails when available.
6. Details on Our Commitment to You.
a. Limited Warranty. The limited warranties set forth in Section 3 apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in Section 3. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in Section 4 of this Agreement.
b. Remedies. Your sole and exclusive remedy and Pack Out Gear's sole and exclusive liability for a breach of Pack Out Gear's limited warranty shall be, at Pack Out Gear's option, Pack Out Gear's use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Rental Fee (excluding fee amount and delivery charges).
c. Disclaimers. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.
7. Limitation of Liability.
1. No Indirect Damages. IN NO EVENT SHALL PACK OUT GEAR (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PACK OUT GEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
2. Limited Direct Damages. PACK OUT GEAR'S (AND ITS SUPPLIERS' AND LICENSORS') AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.
3. Use of Results at Your Risk. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.
This Agreement constitutes the entire agreement between You and Pack Out Gear with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only by Pack Out Gear. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, excluding its conflicts of laws principles. You shall not assign this Agreement without Pack Out Gear's prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 1, 2, 3, 4, 5, 6 and 7 shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. Pack Out Gear shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism. This contract is deemed a Massachusetts contract and the renter agrees that all disputes will be adjudicated in Massachusetts in accordance with Massachusetts law.