Definitions and Interpretations
The “Rented Equipment” shall be deemed to include any and all goods, equipment, products, and/or other property owned and or leased by Soltrino Ltd (trading as Little Longtails), which Client (as defined herein) has in their possession, under their control, or an interest therein, at any time during the Rental Period (as defined herein).
The “Client” shall be deemed to include any person or persons who reserve and/or use the Rented Equipment (as defined herein) from Soltrino Ltd (trading as Little Longtails).
The “Company” is Soltrino Ltd (trading as Little Longtails) a limited liability company registered in Bermuda and existing under the laws of Bermuda, Registered office at 43 Cedar Ave, Hamilton, HM12 Bermuda. The contract shall be governed by and construed in accordance with the laws of Bermuda.
The “Rental Period” is the duration of time within which the Client (as defined herein) has access to the Rented Equipment (as defined herein), whether or not used by or in the possession of the Client (as defined herein).
Client hereby agrees to rent from the Company, and the Company hereby agrees to rent to Client, certain Rented Equipment. The Rental Period shall run from the date that the Rented Equipment is delivered and/or made available for pick-up, until such date that the Rented Equipment is returned. The Company shall make no reimbursement for unused time or for unused Rented Equipment.
Client hereby agrees to notify the Company in advance if Client seeks an extension of the Rental Period. An extension of the Rental Period may be granted and/or refused by the Company at the Company’s sole discretion, for any reason. Client hereby agrees to be charged the then-effective fee for any additional use of the Rented Equipment.
Client hereby agrees that failure to timely return the Rented Equipment shall subject Client to any and all rights the Company may have, whether pursuant to this Agreement, in equity, or at Law. In addition to any explicit indemnification and/or hold harmless provision contained herein, Client hereby agrees to indemnify and hold the Company harmless from/for any and all claims related to the recovery of the Rented Equipment; and Client hereby authorizes the Company to charge Client’s credit card for any unpaid rental fees and/or replacement fees. Client hereby agrees that the replacement fees associated with the Rented Equipment shall be the suggested retail price of any lost, damaged, stolen, or unreturned Rental Equipment, plus collection fees and any and all attorneys’ fees and costs incurred by the Company in collection of sums due.
Delivery and Return
Client hereby understands and agrees that local delivery of the Rented Equipment is included within the rental fee charged by the Company, subject to any restriction provided herein. Client hereby understands and agrees that Client shall be subject a delivery fee of thirty five dollars ($35) assessed by the company for any deliveries on mainland Bermuda.
Client hereby understands and agrees that delivery to any agent or delegate of Client shall be arranged with any such agent or delegate no less than thirty-six (36) hours prior to delivery. If Client will not be present at the time of delivery, Client hereby agrees that delivery shall be deemed complete as of the time of acceptance by the agent or delegate, and that Client is responsible for making any and all arrangements for that agent or delegate to accept the Rented Equipment.
Fees and Payments
If any Rented Equipment is returned to the Company (i) in an exceptionally dirty condition; (ii) in a condition that requires professional cleaning (such as saturated with, vomit, smoke, food (or the odors thereof), or with stains or marks); (iii) with missing parts, (iv) otherwise damaged or broken; or (v) in a condition in which it cannot be repaired, or if any Rented Equipment is not returned to the Company for any reason at all, the Company reserves the right to charge the Client additional costs and fees for repair and/or replacement of the damaged or unreturned Rented Equipment. Client hereby authorizes and permits the Company to charge the Client’s credit card the amount of the costs and fees for repair and/or replacement. At the point of reseaving rental equipment the Client hereby understands that the company will authorize an amount of $100.00 as a damage deposit.
Repair costs/fees shall be actual costs incurred by the Company, and replacement costs/fees shall be the suggested (US?) retail price of the affected Rented Equipment, Plus duty as set by Bermuda Customs. Client hereby agrees to the assessment of such additional fees/costs, and Client hereby agrees to pay the same. Client hereby agrees that Client is responsible for any collection fees and/or attorneys’ fees and costs incurred in the collection of sums due, whether related to the damaged Rental Equipment or otherwise.
Client shall not be liable for ordinary wear and tear that occurs with the proper and normal use of the Rented Equipment. Client hereby understands and agrees that Client shall be solely responsible for notifying the Company promptly upon any such damage.
Cancellations made at least one week prior to the start of the Rental Period will receive a refund of all amounts charged. Cancellations made less than one week but more than forty-eight (48) hours prior to the start of the Rental Period will receive a fifty percent (50%) refund of all amounts charged. There will be no refund for cancellations made less than forty-right (48) hours prior to the start of the Rental Period.
Assembly, Installation and Inspection on Receipt
The Company will not undertake any assembly and/or installation of the Rented Equipment.
Use of Rented Equipment
Client will use the equipment for the purpose in which it was designed and not for any other purpose. Client hereby assumes all responsibility for the use of the Rented Equipment in accordance with those instruction manuals published by the manufacturers of the Rented Equipment, available on the Company’s website. The Company is not responsible for Client’s failure to follow instructions and/or recommendations in instruction manuals.
Any breakdown or any unsatisfactory working of the Equipment must be immediately notified to the Company. Under no circumstance shall the Client repair or attempt to repair the Equipment unless authorised by the Company. Such Equipment must be returned to the Companies premises for examination or, when rectification elsewhere is requested.
This agreement will constitute the entire agreement between the parties. Any prior agreement or understanding prior to this date of this agreement will not be binding on either party except to the extent incorporated in this agreement.
Indemnification/Hold Harmless/Assumption of Risk
Client hereby agrees to indemnify and hold the Company harmless, together with each of the Company’s past present and future directors, officers (whether acting in such capacity or individually), shareholders, owners, partners, principals, trustees, creditors, attorneys, representatives, employees, managers, parents, subsidiaries, divisions, subdivisions, departments, affiliates, predecessors, successors, assigns and assignees, or any agent acting or purporting to act for it or on its behalf the Company and its agents and employees, from and against all claims, damages, losses, liabilities, judgments, awards, costs, losses, and/or expenses (including but not limited to reasonable attorneys’ fees and costs), arising out of the use of any Rented Equipment provided by the Company or the failure of the Rented Equipment to function as intended, or resulting from any act or omission of the Company or any of its past, present and future directors, officers (whether acting in such capacity or individually), shareholders, owners, partners, principals, trustees, creditors, attorneys, representatives, employees, managers, parents, subsidiaries, divisions, subdivisions, departments, affiliates, predecessors, successors, assigns and assignees, or any agent acting or purporting to act for it or on its behalf the Company and its agents and employees.
Client hereby understands and agrees that use of the Rented Equipment may involve the risk of injury, death, or loss to Client’s person and property. Client hereby knowingly and freely assumes any and all risks related to use of the Rented Equipment, whether known or unknown, and assumes full responsibility for any such risk.
This Agreement will be construed in accordance and governed by the laws of Bermuda and the parties submit to the exclusive jurisdiction of the Bermuda courts. The validity, interpretation and enforceability of this Agreement shall be governed by the laws of Bermuda. Any action brought to enforce this Agreement shall be brought in Bermuda.
If any portion or portions of this Agreement are held void or unenforceable by any Court having jurisdiction, such voidness or unenforceability shall not affect the remaining portion or portions hereof that may be given effect without such void or unenforceable provision or provisions and to this end the provisions hereof shall be deemed severable.
I, the Client hereby agrees to be bound by the terms and conditions set forth above. .