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Rental Terms and Conditions

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. 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.

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 location.

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 prior to delivery, the order will be cancelled, unless advance arrangement for alternate payment has been made.

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 signature on this Agreement is verification that the credit card on the Authorization form provided with this 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. 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. Objections received following the rental period are not subject to refund. Refunds are not provided for items due to the child's inability to sleep, eat, or lack of interest in toys.

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. 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.