The following Terms and Conditions apply to the use of this Web
site as well as all transactions conducted through the site.
All notices from Rockabye Baby Rentals to You will be emailed
to you and will be deemed delivered within three (3) days after
sending. Notices from You to Rockabye Baby Rentals shall be made
either by phone, e-mail, or sent to the address we provide on our
Web site, or first class mail to our address at:
Rockabye Baby Rentals, LLC
8524 Highway 6 North #131
Houston, TX 77095
All content appearing on this Web site is the property of:
Rockabye Baby Rentals
8524 Highway 6 North #131
Houston, TX 77095
Copyright © 2011-2013 Rockabye Baby Rentals. All rights reserved.
As a user, you are authorized only to view, copy, print, and distribute
documents on this Web site so long as (1) the document is used for
informational purposes only, and (2) any copy of the document (or
portion thereof) includes the following copyright notice: Copyright
© 2011-2013 Rockabye Baby Rentals. All rights reserved.
All brand, product, service, and process names appearing on this
Web site are trademarks of their respective holders. Reference to
or use of a product, service, or process does not imply recommendation,
approval, affiliation, or sponsorship of that product, service,
or process by Rockabye Baby Rentals. Nothing contained herein shall
be construed as conferring by implication, estoppel, or otherwise
any license or right under any patent, copyright, trademark, or
other intellectual property right of Rockabye Baby Rentals or any
third party, except as expressly granted herein.
Use Of Site
This site may contain other proprietary notices and copyright
information, the terms of which must be observed and followed. Information
on this site may contain technical inaccuracies or typographical
errors. Information, including product pricing and availability,
may be changed or updated without notice. Rockabye Baby Rentals
and its subsidiaries reserve the right to refuse service, terminate
accounts, and/or cancel orders in its discretion, including, without
limitation, if Rockabye Baby Rentals believes that customer conduct
violates applicable law or is harmful to the interests of Rockabye
Baby Rentals and its subsidiaries.
Rockabye Baby Rentals use of personal information that you may
submit to Rockabye Baby Rentals through this Web site is governed
considers customer information to be confidential and does not share
or sell customer data.
Rockabye Baby Rentals, LLC; hereafter known as Rockabye –
Terms and Conditions – Rental Agreement - Customer is bound
by the terms and conditions of this agreement, customer signature
is not required.
1. TERMS OF DELIVERED EQUIPMENT: Customer assumes all risk of
loss or damage to the Equipment upon receipt of the Equipment by
Rockabye or a designated agent to Customer, and Customer shall be
solely responsible for any such loss of or damage to the Equipment
until the return of the Equipment to Rockabye’s designated
location. ***We make every effort to arrive on time, however due
to unpredictable traffic situations and possible delays, we do not
guarantee exact delivery times. Allow a 2-hour window for Delivery
and Pickup.*** By signing for receipt, you agree that you or your
designated agent examined it, saw it in operation (if appropriate),
and are aware of its condition.
SELF PICK UP / SELF RETURN: Rockabye does not charge a fee beyond
rental and tax for self pickup/self return at our designated location
provided customer arrives at the agreed time and date. A $25 fee
will be assessed for each No Show/No Call, should the customer or
their designated agent fail to arrive at the agreed time. Rental
fees continue to accrue until equipment is returned to Rockabye's
possession. Due to the nature of the business, Rockabye does not
guarantee the ability to reschedule a time at the customer's preferred
date or time; but will offer alternate available times/dates.
2. REPLACEMENT COSTS: Replacement cost of equipment is based on
many variables and solely Rockabye determines full replacement value.
Replacement costs will be paid immediately and are not contingent
upon receipt of payment to Customer by Customer’s insurance
carrier. Rental charges will continue to accrue until payment of
the deemed replacement cost has been received in full by Rockabye.
Rental charges will not be offset against replacement value.
3. BUY OUT: All buyout requests for rented Equipment must be made
in writing to Rockabye. Rockabye will quote such buyout in writing
to Customer. Solely Rockabye determines buyout value and rental
charges will not be offset against buyout value. Any verbal agreement
or quote with respect to buyout pricing is null and void. Rental
charges will continue to accrue until payment for buyout is received
by Rockabye in full.
4. RENTAL TERM: Customer agrees to rent the Equipment from Rockabye
for the terms specified on the face of this Agreement. Start of
the Rental term indicates the date the equipment ships from Rockabye’s
premises or designated premises is indicated on the face of the
Agreement as the ‘Date Rented’. The date Equipment should
arrive back at Rockabye premises or designated location is indicated
on the face of the Agreement as the date ‘Due Back’.
The terms of this Agreement can be extended for one or more successive
renewal terms equal to the initial term, unless Customer provides
Rockabye with written notice at least five (5) days prior to the
end of the term or any renewal term that Customer is discontinuing
rental of the Equipment.
5. EQUIPMENT RETURN: Customer acknowledges that it is solely the
Customer’s responsibility to return the Equipment to Rockabye
or designated location. If the Equipment is not returned by the
Customer by the date due back as indicated on the face of the Agreement,
rental charges will continue to accrue as the Agreement will be
extended for one or more successive renewal terms equal to the initial
term. Equipment must be returned to Rockabye in good working condition.
It is the responsibility of Customer to obtain a return receipt
from Rockabye upon pick up and such receipt must be kept by customer
as a proof of return of rented equipment. Equipment is subject to
inspection upon return to Rockabye or to Rockabye’s designated
6. CANCELLATION: All cancellations are charged a $20 processing/restocking
fee. Orders cancelled within 48-Hours of Delivery Date will be charged
50% of the Order Total. No refunds are provided for equipment cancelled
on-site, if you or if your designated party "No Shows"
for a Self Pickup or for early termination of the rental.
7. USE/MAINTENANCE/SERVICE: The Equipment shall be operated in
a careful and proper manner by competent persons and only in accordance
with the manufacturer's operating instructions. Customer shall not
disassemble, modify, alter, attempt to repair, or change the Equipment
in any manner. Rockabye agrees that it shall maintain, repair or
replace any of the Equipment that fails to operate properly through
no fault of Customer. Customer shall notify Rockabye immediately
of any operating problems with Equipment and request instructions
before taking any remedial action or returning it to Rockabye. Credits
for operating problems with Equipment will only be considered if
problems are immediately indicated and documented with Rockabye
support staff. In the event that Rockabye determines that the need
for maintenance or repair is caused by damage to the Equipment as
a result of Customer's misuse, or improper use of the Equipment,
or as a result of repair or service by a party other than Rockabye
or its designee, Customer shall pay Rockabye for any repair or replacement
parts and for Rockabye's hourly service charges and pay Rockabye
for any repair or replacement parts and for Rockabye's hourly service
charges and minimum fee for making the repair.
8. PAYMENT: Customer agrees to pay Rockabye the rental payments
as specified in this Agreement and to pay all applicable federal,
state or local taxes in connection with the rental or use of the
Equipment. In the event payment is not made to Rockabye within 24-hours
of delivery, the order will be cancelled.
9. LOCATION: Customer agrees not to remove the Equipment from
the installation Location or other site where the equipment is located
without Rockabye Baby Rentals’ express prior written consent.
Rockabye shall have the right to inspect the Equipment at the Installation
Location at any time during normal business hours.
10. ACCESSORIES: All non-consumable accessories, including but
not limited to devices, boxes, fiber cases, canvas bags, corrugated
boxes, manuals, power cords and accessories provided with the Equipment,
whether or not specified herein, shall be deemed to be a part of
the Equipment and shall be returned to Rockabye with the Equipment.
11. WARRANTY/DISCLAIMER: Customer acknowledges and agrees that
Rockabye is neither the manufacturer or nor an agent of the manufacturer
of the equipment, and that Rockabye makes no warranties, express
or implied, of any kind with respect to the equipment including
but not limited to any warranty of merchantability of the equipment
or its fitness for any particular purpose, or its design or condition,
or its quality, capacity or workmanship. Customer rents the equipment
as is with all its faults. It is agreed that Rockabye shall not
be liable to customer for, and customer releases Rockabye from damages
from any cause whatsoever, including but not limited to equipment
malfunction, inoperability or customer's failure to properly operate
the equipment. Rockabye expressly disclaims any liability for incidental
or consequential damages. Customer agrees to look solely to the
manufacturer of the equipment for any claim arising from any defect,
breach of warranty or inability to use the equipment for any reason.
12. INDEMNIFICATION: Customer hereby indemnifies and holds harmless
Rockabye, its officers, directors, agents and employees, from and
against any and all loss, liability and expenses, including attorney's
fees and expenses, for property damage or personal injury, including
death, arising out of or in connection with the use or operation
of the Equipment.
13. LEGAL FEES, EXPENSES, ETC.: All legal expenses incurred will
be borne by Customer, in the event that Rockabye takes legal action
against Customer to enforce any of Rockabye 's rights under this
Agreement, including without limitation (i) any of Rockabye rights
to receive rentals, indemnification, reimbursement, costs of collection
of any other sum provided for herein or (ii) any of Rockabye 's
rights to expenses incurred by Rockabye , directly or indirectly
in connection with such legal action, including, without limitation,
attorney's and expert fees.
14. CREDIT CARD FOR PAYMENT: This provision applies for Customer’s
making rental payments via credit card. Customer will be charged
for the rental of equipment for the rental period stated in the
Agreement. Your acceptance of this Agreement is verification that
the credit card provided with this Order is valid and you are authorized
to use this credit card. This agreement also verifies that you will
be charged on this credit card, unless otherwise agreed upon in
writing for the cost for any equipment lost, stolen, or damaged.
If the rental contract is extended beyond the term stated above,
all extensions will also be charged on the credit card provided
with this Agreement.
15. CREDIT CARD ON HOLD: Customer’s Credit Card given to
Rockabye Baby Rentals to hold for security will be held on file
and not charged unless agreed upon payment terms are breached by
Customer. Customer will be charged for the rental with credit card
on hold if payment is not made by terms set upon within Agreement.
Your signature on this Agreement is verification that the credit
card for hold provided with the Agreement is valid and you are authorized
to use this credit card. This agreement also verifies that you will
be charged on this credit card unless otherwise agreed upon in writing
for the cost for any equipment lost, stolen, or damaged.
16. OBJECTIONS: If Customer objects to the suitability of any
Equipment or its acceptability for any purpose under this Agreement,
Customer shall notify Rockabye immediately by phone of Customer’s
specific objections upon receipt of the equipment and allow Rockabye
the opportunity to provide a suitable replacement. Customer will
either (A) be offered a replacement if available, or (B) Rockabye
will pickup the item and offer a refund equal to the equipment rental
and applicable tax. Customers choosing to retain possession of equipment
for the rental period will receive no refunds.
1. We make every effort to arrive on time, however due to unpredictable
traffic situations and unexpected delays, we do not guarantee
exact delivery times. Allow a 2-hour window for Delivery and Pickup.
2. We sell out of popular items during Holidays and Special
Events. We encourage booking early to reserve equipment during
these times. Equipment is rented on a First Come - First Served
basis. Orders are NOT reserved until we have received approval
and payment information.
3. Rockabye provides normal consumer-grade baby equipment, in
most instances. Our equipment is highly maintained and safety
inspected after each rental. However, we do not provide specialty
designer brands, "professional" or "institutional"
equipment. If you are looking to supply beds for a nursery school
or other such institution for month-to-month or rent-to-own, we
cannot assist you. If you are looking for specialized carseats
for special needs, premature or children undergoing hospital procedures;
we do not carry these items please contact a medical supply company.
If you are an avid or professional runner/jogger looking for a
high-end professional jogging stroller, please check with local
bicycle shops to see if they can accommodate your need. Equipment
is intended for those expecting out-of-town guests and for traveling
families needing short term rental of equipment for their children
while away from home.
4. We do not guarantee specific makes, models, colors or styles.
5. Objections received following the rental period are not subject
6. Refunds are not provided for any item due to the child's
inability to sleep, eat, or lack of interest.
17. DEFAULT: In the event that the Customer fails to comply with
any of the provisions of this Agreement, including, without limitation
making timely payments of sums due hereunder to Rockabye, then (i)
Customer shall be deemed to be in default hereunder, and Rockabye
at its option may declare this Agreement to be terminated, (ii)
Rockabye or its agents may repossess and remove the Equipment, and
(iii) Rockabye may pursue any other remedy it may have against Customer.
If any of the Equipment is removed from the installation location
or other site where equipment is located, Customer hereby agrees
to pay Rockabye as liquidated damages the full amount of the retail
value of such Equipment. In addition to the foregoing, Customer
hereby agrees to pay (i) all bank and other charges resulting from
a check of Customer being returned for insufficient or uncollectible
funds, (ii) all of Rockabye's costs of collection from Customer,
(iii) a late charge of 1-2/3% per month of any delinquent amount,
and (iv) any difference between (a) the actual rental provided herein
for the term of the Agreement and (b) the rental that would have
been charged by Rockabye had the rental payments been calculated
on the basis of a term that commenced on the date of this Agreement
and ended on the date of the Customer's default.
18. GENERAL: Rockabye shall not be responsible for failure to
fulfill its obligations under this Agreement due to causes or circumstances
beyond its control. In the event of any liability for Rockabye Baby
Rentals, such liability shall be limited solely to the rental charge
of the Equipment. Rockabye shall not be liable for any consequential
damages in the event of a default by Rockabye. Customer agrees that
it may not and shall not offset against sums due to Rockabye for
any existing or future claims that Customer may assert against Rockabye.
Rockabye reserves the right to refuse service at its discretion.
This Agreement constitutes the entire Agreement and understanding
between the parties and may not be altered, modified, or amended
except in writing as signed by an authorized official to Rockabye.
This Agreement shall be governed by and construed under the laws
of the State of Texas.
Payments: All payments will be processed by Rockabye Baby Rentals,
LLC. Payments are due in full prior to the rental start. Reversal
of payment following a rental will be considered theft of services
and will be reported to the appropriate agencies, associations and
industry affiliates. By ordering you acknowledge that you have read,
understand and agree to these terms and conditions in their entirety.
Shipping & Delivery
At this time, Rockabye Baby Rentals only offers direct delivery
to cities within its service locations. Items are not available
for shipping to areas outside our service locations. Upon delivery,
the risk of damage and loss for all merchandise ordered on this
Web site pass to you. Items returned damaged or in un-rentable condition
and items not returned will be billed at full replacement value
in addition to all rent, delivery fees and taxes incurred. ***We
make every effort to arrive on time, however due to unpredictable
traffic situations and possible delays, we do not guarantee exact
delivery times. Allow a 2-hour window for Delivery and Pickup.***
Rockabye Baby Rentals charges sales and use tax for merchandise
ordered on this Web site based on the applicable state tax rates
and the location to which the order is being delivered.
Business Office hours are 9AM to 5PM (CST), Monday through Friday.
Rockabye's telephones and email are monitored 24-hours a day. If
you need rental equipment on short notice, please provide us with
all the information to respond to your request quickly including
the dates of your rental need, location you require delivery to
including city, items you need, telephone number and email address.
VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide,
not all products or services discussed in this Web site are available
to all persons or in all geographic locations or jurisdictions.
Rockabye Baby Rentals reserve the right to limit the provision of
their products or services to any person, geographic area, or jurisdiction
they so desire and to limit the quantities of any products or services
that they provide. Products are provided based on availability and
are on a First Come/First Served basis. Any offer for any product
or service made in the materials on this Web site is void where
GOVERNING LAW: In the event of litigation both parties agree that
the Law of the State of Texas shall apply and both parties shall
consent to the jurisdiction of said State's courts, or in the event
of diversity of citizenship, the United States District Court for
the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire
agreement between you and Rockabye Baby Rentals with respect to
this Web site. The Terms and Conditions supercede all prior or contemporaneous
communications and proposals, whether electronic, oral or written
between you and Rockabye Baby Rentals with respect to this Web site.
No modification of the Terms and Conditions shall be effective unless
it is authorized in writing by Rockabye Baby Rentals. If any provision
of the Terms and Conditions is found to be contrary to law, then
such provision(s) shall be constructed in a manner to closely reflect,
as much as possible, the intentions of the parties, with the other
provisions remaining in full force and effect.