Terms & Conditions for SOS Rentals
Sierra Oxygen Services | RENTAL AGREEMENT
- Customer(s), pursuant to the terms, conditions and provisions of this Rental Agreement (the “Agreement”), hereby rents from Sierra Oxygen Services (the “Company”) the Equipment as described in this Agreement.
- Customer(s) signature on this Agreement or receipt, use or possession of Equipment creates a binding and legal agreement between the Customer(s) and the Company pursuant to the terms of this Agreement, all of which the Customer(s) agrees will be unconditionally binding upon and enforceable against the Customer(s).
1. Equipment.
The Equipment, which the Customer(s) hereby rents from the Company, pursuant to this Agreement, consists of oxygen concentrator machinery and related components, including, but not limited to, hoses which supply oxygen to the user of the Equipment, electrical cords and components, and any and all other parts and components delivered to Customer(s) by the Company pursuant to this Agreement.
2. Receipt, Maintenance & Return of Equipment.
Customer(s) has inspected, or has had the opportunity to inspect the Equipment, and agrees the Equipment is in good working order and suitable for the purposes for which Customer(s) has rented the Equipment. Customer(s) will comply with all applicable instructions for use of the Equipment and shall use the Equipment only for purposes for which the Equipment is intended. Upon expiration of the Rental Term, Customer(s) shall return the Equipment in the same condition as when received from the Company, normal wear and tear excepted. Customer(s) shall be responsible for any damage, loss, theft, destruction or other inability to return the Equipment to the Company in accordance with this Agreement.
In the event the Equipment sustains damage, loss, theft or destruction, either in whole or in part, while in the possession of the Customer(s), the Customer(s) agrees to pay, and authorizes and directs the Company to charge any credit card of the Customer(s), the information of which is in the possession of the Company or otherwise provided to the Company, for any repair and/or replacement costs of Equipment as necessary. Whether damaged Equipment is repaired or replaced is solely at the discretion of the Company. In the event the Customer(s) fails to return to the Company the Equipment at the end of the Rental Term, Customer(s) shall pay to the Company thereafter a Daily Rental Rate of twice that specified above in this Agreement until the Equipment is returned to the Company.
Additionally, the Company may retake possession of the Equipment at any time after expiration of the Rental Term of this Agreement, or if the Customer(s) uses the Equipment in violation of the terms of this Agreement. Customer(s) shall reimburse the Company for all expenses of the Company in retaking possession of the equipment.
3. Use of the Equipment.
Customer(s) understands and agrees that use of the Equipment is solely and exclusively recreational. The Equipment is not for medical use and shall not be used for medical purposes of any nature whatsoever. The Equipment is not for or intended to be for medical use. The Company is not a medical provider. The Company does not fill prescriptions for oxygen or oxygen concentrated rentals, and the Equipment shall not be used pursuant to a prescription from a medical provider. The oxygen produced by the Equipment does not diagnose, treat, cure or prevent any disease or illness, including, but not limited to, altitude sickness.
Customer(s) with any pre-existing and/or current medical conditions should consult with their physician or other medical provider prior to use of the Equipment. The Equipment is intended for recreational, intermittent use only and is not to be used as a medical or lifesaving product. The Customer(s) understands that the Equipment should not be used for prolonged, uninterrupted periods. A prolonged, uninterrupted period would be more than eight hours. The Customer(s) assumes all risk and liability for any loss, damage, injury or death to the Customer(s) or other person(s) or property arising out of or related in any manner to Customer(s) ‘ rental of and use of the Equipment.
4. Delivery of Equipment.
Customer(s) will pay a S50.00 delivery charge and/or S50 pick-up charge for pick-up and delivery. Customer can pick up and drop off equipment during Companies office hours free of charge.
5. Return of Equipment.
Equipment is due back to the Company by 11:00 a.m. on the last day of the Rental Term. Any Equipment not available for pick-up on the scheduled pick-up date and time will incur an additional Daily Rental Rate, at twice the Daily Rental Rate specified above until the Equipment is available for pick-up, together with an additional $50 pick-up fee.
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6. Cancellation of Reservations.
In the event Customer has reserved equipment more than 48 hours prior to the commencement of the Rental Term, Customer may cancel this order up to 48 hours prior to the commencement of the Rental Term, and will receive a full refund of any amount paid to the Company. If Customer(s) cancels within 48 hours of the commencement of the Rental Term, or makes a reservation within 48 hours of commencement of the Rental Term and thereafter cancels, the Customer shall be responsible for a one-day Rental Term. The Company acknowledges and understands that weather and travel conditions may be a factor in a Customer’s cancellation and will consider such factors in determining whether to charge a cancellation fee.
7. Exclusive Use.
The Customer(s) acknowledges, understands and agrees that he/she has rented the Equipment solely and exclusively for use by the Customer(s), the Customer’s family and/those persons living with and/or travelling with and staying with the Customer(s). Customer(s) shall not transfer, assign, sublease or otherwise allow persons other than those expressly permitted by this Agreement to use the Equipment. Customer(s) shall not allow the Equipment to be used, kept or stored at any location other than the location to which the Company delivers the Equipment.
8. Waiver of Claims.
Customer(s) does hereby agree, on behalf of Customer(s), any person the Customer(s) allows to use the Equipment (“Additional Users”), their heirs, successors and any person or entity claiming or attempting to exert a claim against the Company as a result of or in any manner relating to Customer’s rental of the Equipment and/or use of oxygen from the Equipment to expressly waive, remise and release any claim, right or cause of action whatsoever which the Customer(s) may have, acquire, or which may accrue in the future against the Company, its members, managers, officers, employees, agents and servants arising in whole or in part from, or as a result of, the rental of the Equipment and use of the oxygen generated by the Equipment, including but in no way limited to physical, mental, economic or emotional injuries or death.Â
