ATLANTIC RENTALS, LLC
TERMS AND CONDITIONS FOR EQUIPMENT RENTAL
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER TO LEASE EQUIPMENT (DEFINED BELOW) FROM ATLANTIC RENTALS, LLC THROUGH THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
YOU MAY NOT LEASE EQUIPMENT FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT AT LEAST 18 YEARS OF AGE, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms“) apply to any customer (referred to as “you,” or “your”) leasing Equipment through www.atlanticrentalsmd.com (the “Site“). These Terms are subject to change by Atlantic Rentals, LLC (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to leasing any Equipment that is available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation. You agree that your order is an offer to lease, under these Terms, all of the recreational gear and/or equipment listed in your order (collectively, the “Equipment”). All orders must be accepted by us or we will not be obligated to lease the Equipment to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Prices, Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for Equipment rental will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do 4822-6802-6049, v. 2 2
not include taxes or charges for delivery, if any. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) Payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including delivery charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
4. Pick up and Delivery. We will arrange for pick up or delivery of the products to you at the beginning of the rental period and back to us at the end of such period. Please check the individual product page for specific delivery and pick up options. You will pay all delivery charges, if any, unless otherwise specified in the order confirmation.
5. Cancellation and Refunds. You may cancel an order at any time prior to pick up or delivery. However, refunds, if any, are based on when the cancellation occurs, as follows:
(a) Payment for orders cancelled eight (8) or more days prior to the scheduled pick up or delivery date will be refunded minus a 5% service charge to cover our administrative costs.
(b) Payment for orders cancelled seven (7) or fewer days prior to the scheduled pick up or delivery date will be refunded at 50%.
(c) Orders canceled on the scheduled pick up or delivery date will not be refunded. However, we may refund any delivery fees in our sole discretion.
6. Use of Equipment. We will provide you with a copy of the applicable manufacturer’s instruction manual(s) for the Equipment, if any. You acknowledge that you are responsible for reading and following instructions and warnings for the safe and proper use of the Equipment. You further agree that you will use all Equipment as intended by the manufacturer, comply with manufacturer’s instructions, and not exceed weight or other limits established by the manufacturer.
7. Damages. In addition to charges incurred for the rental period, you will be charged for all costs associated with the repair, replacement, or cleaning of Equipment that is returned damaged, missing parts (including instruction manuals), or are returned in exceptionally dirty/stained condition. In the event any Equipment returned in a condition that renders the Equipment unsuitable to be rented (in our sole discretion), You will be obligated to purchase the Equipment and will be charged for the replacement cost of the Equipment, plus any related shipping charges (collectively, the “Replacement Fee”), in addition to charges incurred for the rental period. 4822-6802-6049, v. 2 3
8. Lost or Stolen Items and Late Fees. Any Equipment not returned by for any reason at the end of the rental period will be charged to you at the Replacement Fee of the Equipment in addition to charges incurred for the rental period. If you return the Equipment on a day after the end of the rental period, we will refund the Replacement Fee, less a late fee of two times (2x) the daily rental fee for each item of Equipment for each day the Equipment is late, with such late fees capped at the Replacement Fees for each item of Equipment.
9. Assumption of Risk and Release from Liability. In consideration of Our leasing the Equipment to you under the Terms, you acknowledge and agree to the following:
(A) YOU UNDERSTAND THAT THERE EXIST CERTAIN RISKS OF INJURY FROM THE USE OR MISUSE OF ANY RECREATIONAL AND/OR BABY ITEMS, INCLUDING THE EQUIPMENT, INCLUDING THE POTENTIAL RISK OF SERIOUS INJURY, DISABILITY OR DEATH TO YOU OR ANY USER, INCLUDING INFANTS AND CHILDREN, FROM THE USE OR MISUSE OF EQUIPMENT.
(b) You knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for your use of such items.
(c) You understand the risks associated with the use of the Equipment and understand the safety concerns regarding the Equipment.
(d) YOU, FOR YOURSELF AND ON BEHALF OF YOUR HEIRS, THIRD PARTIES (AS DEFINED HEREIN), ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, HEREBY RELEASE, HOLD HARMLESS AND AGREE NOT TO SUE ATLANTIC RENTALS, LLC, THE LESSOR OF ALL SUCH EQUIPMENT THAT YOU HAVE AGREED TO RENT, THEIR OFFICERS, AGENTS AND EMPLOYEES, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE LESSORS OR OTHERWISE.
(e) You understand that this Release of Liability covers each and every item of Equipment which you have agreed to rent.
(f) You have read and understand this Release of Liability and fully understand its terms and you fully understand that you have given up substantial rights and freely and voluntarily agree without inducement.
(g) As used in this section 9, the term “Third Parties” shall refer to and include any individual that suffers any harm or injury in connection with the Equipment during the rental period.
10. Warranty and Disclaimers.
(a) We do not manufacture or control any of the Equipment offered on our Site. The availability of Equipment through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the Equipment offered on our Site. 4822-6802-6049, v. 2 4
(b) ALL EQUIPMENT OFFERED ON THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(c) YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU, IF ANY.
11. Limitation of Liability.
(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE EQUIPMENT YOU HAVE ORDERED THROUGH OUR SITE.
12. Indemnification. You hereby agree to indemnify, hold harmless, and defend us, our members, officers, directors, agents, contractors, and employees for any claims for damages, judgments, attorneys’ fees incurred by us that arise in connection with your lease, possession, use, or misuse of the Equipment; any breach of these Terms by you; or your violation of any law or the rights of another person or entity.
13. Goods Not for Resale or Re-lease. You represent and warrant that you are leasing the Equipment from the Site for your own use only, and not for resale or re-lease.
14. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 4822-6802-6049, v. 2 5
15. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Maryland. Any legal suit, action, or proceeding arising out of or related to these Terms or the matters contemplated hereunder shall be instituted exclusively in the courts located in Talbot County, Maryland, and you and we each irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any objection based on improper venue or forum non conveniens.
16. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
17. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Atlantic Rentals, LLC.
18. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to
Atlantic Rentals, LLC
P. O. Box 236
Trappe, Maryland 21673
We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
20. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. 4822-6802-6049, v. 2 6
21. Entire Agreement. Our order confirmation and these Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
These Terms were last updated on July 10, 2020.