Terms & Conditions - Rental Agreement

RENTAL AGREEMENT

Terms and Conditions

1. PRODUCT
1.1. The Company rents such equipment selected by the Renter (“Product”) via the Company’s e-commerce platform on Company website for the Renter’s personal use.
1.2. The full specifications of the Product are always provided on the Company’s website for the Renter’s free access.

2. RENTAL PERIOD AND EXTENSION
2.1. The Rental Period is from the Delivery Date to the Return Date.
2.2. Where the Rental Period ends on a Sunday or a Public Holiday, the Product shall be collected by the Company on the next working day by 12noon.
2.3. The Rental Period can be extended. The extended use shall be charged on a daily basis at the rate stated in the company’s website when the extension request is placed.
2.4. An extension request via the e-commerce platform on Company website from the Renter must be provided to the Company at least 24 hours in advance.
2.5. Upon completion of full payment on the Company website, an extension is granted and the Renter shall be entitled to retain procession of the Product till the extended Return Date by 12noon.

3. PAYMENT OF RENTAL FEE AND OTHER APPLICABLE CHARGES
3.1. Payment of the Rental Fee and other applicable charges (“Applicable Charges”) under this Agreement shall be made by the Renter on the e-commerce platform on Company website before order is considered confirmed.
3.2. The Applicable Charges includes:
• Deposit Fee (refundable upon collection of product at end of return date);
• Cancellation Fee;
• Overdue Rental Fee;
• Damage caused to the Product;
• Loss/theft of Product.
The Renter agrees that the Company is authorized to make the Applicable Charges to the Renter pursuant to the relevant clauses in this Agreement. The exact amount for each Applicable Charges can be found at the Company’s website at the time when an Online Order is made.

3.3. Prior to any change other than the Rental Fee made by the Company to the Renter under this Agreement, the Company shall, where reasonably possible, by written notice to the Renter including but not limited to by electronic means, inform the Renter of the charge. No additional authorisation from the Renter is required.
3.4. The Renter has the right to request for information pertaining to the charge within two weeks form the date the charge was made.
3.5. It is the Renter’s responsibility to keep the Company informed of its correct credit card information, shall the Renter choose credit card as its payment method.
3.6. There shall be no refund of the Rental Fee or Extension Fee once payment is made.

4. DELIVERY OF PRODUCT
4.1. The Company shall deliver the Product to the Renter’s address indicated in the Online Order.
4.2. The Company shall use all reasonable endeavors to deliver the Product during the hours stated in the Online Order, but shall not be liability for any delay caused by circumstances beyond its control.
4.3. Delay shall be no more than 2 hours. Otherwise, the Renter shall have the right to cancel the order without costs.

5. INSPECTION OF PRODUCT
The Renter shall inspect the condition of the Product before acceptance. The Renter shall indicate the condition of the Product on the attached Product Inspection Checklist (the “Checklist”) and sign the Checklist once inspection is complete. The Checklist shall be countersigned by a representative of the Company to verify the condition of the Product.

6. ACCEPTANCE OF PRODUCT
6.1. Signing of the checklist is deemed to be the acceptance of Product.
6.2. Once the Product is accepted by the Renter, the Renter shall verify his identity to the Company in accordance with such instructions as conveyed by the Company upon physical delivery of the Product.
6.3. Once the Product is accepted by the Renter, the Product shall be presumed to be in working condition.

7. COLLECTION OF PRODUCT
7.1. Subject to Clause 2.2 above, the Product shall be made ready for collection by the Renter on the Return Date.
7.2. The Product shall be return in a clean and sanitary condition, consistent with the Renter’s obligation under the Agreement. Further, the Product shall be return with all accessories, free from all damage and in the same condition and appearance as when received.
7.3. The Company shall perform an inspection on the Product at the Renter’s premises. Once the Company is fully satisfied with the condition of the Product, the Company can proceed with the collection.

8. RENTER’S OBLIGATION
8.1. The Renter shall not use the product commercially in any manner under any circumstances, including but not limited to selling, assigning, or subletting the Product.
8.2. The Renter shall keep the Product in his sole possession during the entire Rental Period. The Renter who signs the Checklist shall be the only authorized person to use the Product during the entire Rental Period.
8.3. The Renter shall take reasonable precautions in regard to the use of the Product to protect all persons and property from injury or damage.
8.4. The Renter shall treat, use and maintain the Products with proper care. This includes:
a) Only to use the Product in accordance with the instruction given by the Company;
b) Ensuring that the Product is kept safe and undamaged;
c) Ensuring that identification or registration numbers or marks upon the Product are not altered or removed;
d) Ensuring that there is no alteration or modification to the Product by any means;
e) Ensuring that the Product is kept clean and sanitary at all times; and
f) Ensuring that, unless otherwise expressly indicated by the Company, the Product shall not be used in water or in connection with food, or permitted to be used in water or in connection with food.
8.5. The risk of loss associated with the Product is passed to the Renter once the delivery is made to the Renter’s address. The Renter is responsible for any loss of, theft, damage to or caused by the Product during the entire Rental Period.
8.6. If the Product is damaged, lost, stolen or destroyed, or any person is injured or if any property damaged as a result of its use, maintenance, or possession, the Renter shall promptly notify the Company of the occurrence, and shall procure and assist the Company to file all necessary accident report, including those required by law and/or insurers. The Renter shall fully cooperate with the Company and/or all insurers providing insurance for the Product in the investigation and defence of any claims.
8.7. The Renter shall be liable for any damage (not cause by fair wear and tear), dirtying, alteration or modification without prior written consent by the Company, loss or theft of the Product.
8.8. In the event of damage (not caused by fair wear or tear), dirtying, alteration or modification, without prior written consent by the Company, of the Product, the Company shall be entitled to charge the Renter a reasonable amount required to restore the Product to a clean and sanitary condition fit for future rental. Where the restoration is practically not possible, the Company shall be entitled to charge the Renter an amount stated in the Online Order System at the time when order is made, being the full rental value of the Product.
8.9. In the event of loss or theft of the Product, the Renter is obliged to compensate the Company an amount stated in the Online Order System at the time when order is made, being the full rental value of the product.

9. THE COMPANY’S OBLIGATION
9.1. The Company shall ensure it delivers the Product to the Renter’s address and collects the Product in accordance with the Renter’s Online Order.
9.2. The Company shall ensure the Product is in accordance with the provided specifications and is in working order immediately prior to the delivery to the Renter’s address.
9.3. The Company shall ensure the Renter receives proper instruction as to the use and care of the Product.
9.4. The Company shall collect the Product on the Return Date without any undue delay.

10. REPRESENTATION AND WARRANTIES
10.1. The Company warrants that it has the right to rent out the Product to the Renter for the personal use of the Renter.
10.2. The Company warrants that the Product is covered by manufacturer’s service agreement under warranty period for the entire Rental Period.
10.3. The Company warrants that the readings provided by the Product should be used as an indicator.
10.4. The Renter warrants that all information supplied by the Renter for the purpose of this Agreement is true and correct.
10.5. The Renter warrants that he fully understands the information of the Product shown on the Company’s website; and the rental order of the Product via the Online Order System is a conscious and independent decision of his own.
10.6. The Renter further warrants that he is fully aware of the function and purpose of the Product and is both mentally and physically capable of fully following the instruction given by the Company as to the use and care of the Product.

11. DISCLAIMER
11.1. The Products are for informational usage only, and except as provided under Clause 10.1, and 10.2, the Company makes no other warranty, express or implied, and specifically makes no warranty of merchantability or of fitness for a particular purpose for the Product.
11.2. The Company shall not be under any liability or obligation in any manner to provide service, maintenance, repairs or parts for the Product.
11.3. All claims shall be deemed waived in the event where the Renter fails to notify the Company within the same day of discovery of any defect. The Company’s sole liability and Customer’s sole and exclusive remedy for breach any warranty or guarantee under this Agreement limited to replacement or refund, at the discretion of the Company.
11.4. The Company shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the Product without the Company’s approval.
11.5. The Company shall be under no liability in respect of any defect in the Product or their design arising from any drawing, design or specification supplied by the manufacture of the Product.
11.6. Except in respect of death or personal injury cause by the Company’s negligence, the Company shall not be liable to the Renter by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement, for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Product or their use by the Renter. With respect to all liability, including without limitation liability resulting directly or indirectly from breach of contract, breach of a duty of care or statutory duty or product liability, the aggregate cumulative liability of the Company under or in connection with this Agreement shall not exceed the Rental Fees.

12. TERM
Unless otherwise stated, the term of this Agreement shall coincide with the Rental Period.

13. JURISDICTION AND DISPUTES
13.1. This Agreement shall be governed in accordance with the laws of the Singapore.
13.2. Any controversy, claim or dispute arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, shall be adjudicated by the courts of Singapore.

14. WAIVER
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.

15. SEVERABILITY
If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

16. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties, and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement.

17. AMENDMENTS
Any amendment to this Agreement must be in writing and signed by an authorized person of each party.

18. RIGHTS OF THIRD PARTIES
The Contracts (Rights of Third Parties) Act (Cap. 53B) shall not under any circumstances apply to this Agreement and any person who is not a party to this Agreement (whether or not such person shall be named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to, or identified, in this Agreement) shall have no right whatsoever under the Contracts (Rights of Third Parties) Act to enforce this Agreement or any of its terms.