Last updated October 13, 2019
Holo2go Lease Agreement
Agree to Rental Terms EQUIPMENT LEASE THIS EQUIPMENT LEASE (“Lease”) is made and effective by clicking on the “Confirm Order” button, by and between holo2go.com, (“Lessor”), and current user (“Lessee”). By clicking on the “Confirm Order” button, Lessee agrees to be bound by these terms and conditions, whether or not Lessee has read them. Lessor may at its sole discretion modify these terms and conditions at any time and any modifications shall become effective immediately as posted on this site. By clicking on the “Confirm Order” button, Lessee indicates acceptance of the modified terms and conditions. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the gear shown in the purchase trailer above (“Equipment”). Lessor reserves the right to deny or decrease leasing Gear to lessee in the sole discretion of Lessor. Lessor may collect information from third parties concerning the previous history and credit value of lessee.
The duration of the Lease will commence on the afternoon of this very first effort from the parcel carrier to supply the product, and expire on the final day of the lease period as display on the checkout page (“Lease Period”). The Equipment must be return shipped to holo2go.com before sending cut‐off time together with all the courier on the final day of the Lease Period. If Lessee return the Equipment working with a delivery label not supplied by Lessor, and the Equipment isn’t returned before the anticipated return date, Lessor reserves the right to control the Lessee extra Rent for the excess time the Gear was in late or transit. You give Lessor consent to contact you through text message, email, phone, or the US mail seeing standing of your lease or information on.
The entire lease is to be paid in full in the time of check out.
Lessee shall use the Equipment in a careful, safe and proper manner and will comply with and conform to all federal, state, municipal, and other legislation, and regulations in any manner regarding the ownership, use or maintenance of the Equipment including any manufacturer’s recommendations, warnings and instructions concerning the safe use of this Equipment.
(1) the Equipment is free of known defects and is in great working order to the very best of its knowledge in the beginning of the leasing;
(2) Lessor is responsible for regular repair and maintenance of the Equipment before leasing;
(3) Lessor has the right to enter in the lease of the Equipment.
Lessee agrees as follows:
(a) except as set forth in Lessor’s representations and warranties above, the Equipment is leased to Lessee with no warranty or guaranty of any sort, express or implied, and especially, there’s absolutely no guarantee of merchantability or fitness for a specific function;
b) Lessor won’t be held accountable related to production downtime, loss of earnings, additional expenditure, indirect, consequential, or punitive damages, manufacturing flaws; and
(c) except as set forth in Lessor’s representations and warranties above, Lessee is responsible for all expenses associated with any replacement or repair (without deduction for depreciation) of the Equipment required because of Lessee’s utilization, ownership, transport or failure to return the Equipment for any reason, including, without limit, as a consequence of the negligence or deliberate misconduct of Lessee, its employees, representatives, or contractors. Sometimes the maximum liability in relation to the Equipment of Lessor is restricted to the rent.
Lessee has selected the Product(s) relying upon any proposal or recommendations of Lessor or its own workers and Lessee understands and agrees that Lessor assumes no responsibility for the Equipment as being fit for any specific purpose.
Lessee acknowledges that the Equipment may be utilized equipment and might be cosmetically flawed. Lessor warrants when rented to Lessee that the Equipment will be in working state. If Lessee find the Product(s), as obtained, isn’t currently functioning properly, Lessee agrees to inform Lessor pursuant to the loss Section 15 of this Agreement.
In case a product rental fee is listed incorrectly due to mistakes in pricing information received from Lessor’s providers, Lessor has the right to refuse or cancel any orders placed for products listed at the wrong rate whether Lessee’s credit card was billed. Should the purchase of Lessee Be canceled by Lessor, Lessee’s accounts will be instantly credited by Lessor for the amount.
Your receipt of an electronic or other form of order confirmation doesn’t signify Lessor’s approval of Lessee’s arrangement, nor does it constitute confirmation of Lessor’s supply to lease. Holo2go.com reserves the right at any time following receipt of Lessee’s arrangement to accept or decline Lessee’s order or to provide less than the amount Lessee ordered of any product for any reason.
Lessor will send the Equipment to Lessee as it becomes available. There could be instances when the Gear Lessee purchased is out‐of‐stock that will delay fulfilling Lessee’s order. Lessor makes no warranties as to accessibility of Gear. Any estimate of accessibility relies on the premise that each one of the client of Lessor returns Gear within the Rental interval. Lessor will maintain Lessee advised of any Equipment that Lessee has arranged which are out‐of‐stock and unavailable for immediate dispatch. If Equipment is out-of‐stock or inaccessible, Lessee can cancel the order anytime before transport. For a multiple product order, Lessor will make every effort to ship all products. Gear that are inaccessible in the time of dispatch of Gear will be sent as they are available unless Lessee notifies Lessor of the wishes that are alternative . Lessee will be billed for Gear. Lessee will be charged for shipping in the rate offered on the purchase receipt of Lessee. The entirety of this shipping charge can be put on the Gear delivered in an order requiring shipments.
All delivery prices (including returns) will be the sole responsibility of the Lessee. Lessor doesn’t ship on holidays. As that’s beyond the control of Lessor, lessor can’t guarantee that the arrival date of this order. Transit time quotes or any shipping are estimates. Lessee is invited to purchase in a timely manner to avoid delays brought on transport or by merchandise unavailability. Keep and lessee agrees to acquire the delivery receipt for all return shipping till Lessor notifies Lessee of Lessor’s receipt of merchandise.
Lessee will cancel a pending reservation up to 24 hours before order shipment or pickup. Attempting to do this will lead to a 1 day lease (prorated off the three day rate) for all Equipment billed to a card. Lessee can cancel within 24 hours of placing an order without any fees or penalties as order hasn’t shipped. Canceling a order that is shipped will lead to extra fees. Lessee will cancel an order once it’s sent but such cancellation will be subject to complete refund minus: 1 day lease fee + round trip shipping + cost of this damage waiver (if appropriate ). Lessor reserves the right.
Some requests will require that Lessee cover the Equipment for the whole period of the Lease Period or supply an authorization hold to be put on Lessee’s credit card on file in a sum to be determined by Lessor before the Equipment has been returned to Lessor in good working order. If Lessee chose to cover the Equipment, Lessee will include Shutterfly, Inc. and holo2go LLC as Additional Insureds on Lessee’s insurance coverage and Supply Lessor with a Certificate of Insurance in the time of this arrangement.
Because of the value of this Equipment Lessor Won’t rent Gear to individuals under the age of 18. Lessee agrees to not permit any individual return, or to pick up .
Lessee will notify Lessor over 3 hours of receipt of Equipment any malfunction or alleged harm of such Gear. In case Equipment isn’t damaged or currently functioning apart from because of the negligence of Lessee or deliberate acts, alter or Lessee should not try to fix the gear himself/herself. Lessee must reunite such non‐working Equipment to Lessor and Lessor will replace the non‐working Gear with a working equal (“Replacement Equipment”) or problem Lessee a charge or full refund of rental fees paid by Lessee at Lessee’s option. The rental fees for such non‐working Gear therefore returned will commence upon Lessee’s receipt of the replacement Equipment. Lessor will send these Gear that is broken to the manufacturer for repair and inspection When Lessor receives notification of harm of Gear in transit. Lessor and lessee agree to be bound by the harm report supplied by manufacturer regarding liability and the cause of harm.
Except as set forth in Lessor’s representations and promises above, Lessee hereby assumes and shall bear the whole risk of loss and damage to the Equipment from any and every cause whatsoever. In case of harm of any kind whatever to the Equipment, Lessor may: (a) charge Lessee’s credit card for the entire price of repairand (b) fix the Equipment working with a seller at Lessor’s sole discretion. Besides fix or replacement charges, Lessor may charge Lessee’s credit card to get a”reduction of Use Fee” at case Lessee failed to buy a damage waiver at the time of the primary lease purchase. “Reduction of Use Fee” is equivalent to the daily rental charges Lessor could have been eligible to receive the Gear had it never been lost or damaged. In case the Equipment becomes damaged beyond repair, Lessee will pay the replacement value of the Gear to Lessor. Lessee must make sure that the Gear, when returned to Lessor, is still clean. If the returned Gear be deemed filthy in Lessor’s sole judgment, Lessor reserves the right to bill Lessee a”Cleaning Fee”. Repairs. Lessee agrees to not try to fix or materially change the physical or makeup of the Equipment under some situation irrespective of fault.
Lessee, or Lessor at Lessee’s expense, shall report, pay and discharge when due all license and registration fees, assessments, sales, use and property taxes, gross receipts, taxes arising from receipts from operation or use of the Equipment, as well as any penalties or interest thereon, imposed by any state, local or federal government or some other bureau, or division thereof, whether the exact same will be assessed against or in the name of Lessor or Lessee. Lessee shall indemnify and hold Lessor harmless from any taxes, fees, and penalties arising from Lessee’s rent, ownership and use of the Equipment except for all those taxes, penalties and fees based upon the income of Lessor.
Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, lawsuits, proceedings, costs, expenses, damages and liabilities, including reasonable lawyer’s fees and expenses, arising from, connected with, or resulting from Lessee’s use of the Equipment, including without limitation the selection, ownership, use, performance, or return of the Equipment.
If Lessee fails to pay any rent or other amount herein provided within ten (10) days after the exact same is due and payable, or if Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept or performed by Lessee, Lessor shall have the right to exercise any one or more of these remedies: a. To bill Lessee’s credit card on file for all amounts due (including any overdue fees) and due. C. To take ownership of the Equipment, without demand or notice, wherever same may be found, with no court order or other process of law. Lessee hereby waives all damages. The Way To terminate this Lease. E. To pursue any other remedy at law or at equity. Lessee shall be and stay liable for the performance of all duties on the part of the Lessee. All of Lessor’s remedies are cumulative, and may be exercised independently or concurrently.
Following the expiration or sooner termination of the Lease, Lessee shall return the Equipment to Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof excepted, by delivering the Equipment at Lessee's cost and cost through the delivery method given by Lessor. Lessee shall be responsible for proper packaging of the returned Gear utilizing packaging and transport materials offered by Lessor from the order dispatch. The approval of the Equipment upon recurrence from Lessee of lessor shall not signify Lessor's determination regarding the state of the returned Equipment. Lessor reserves the right make a decision regarding whether such returned Gear was ruined during the Period and to inspect the Equipment within a reasonable time.
Coverage upgrade:"Should Lessee surrenders the Gear with 1 day staying in the Lease Period, Lessor will issue Lessee an"Historical Yield Charge" or"Historical Return Refund" for the rest time. Historical Yield Charge is a reduction code which might be applied towards leases and Historical Return Refund will be issued to the credit card . Historical Return Refunds will be issued minus a 25% processing fee (calculated in the rest of the day's complete ). Historical Return Refund or no Return Credit will be issued with an Rental interval for return of Equipment under 4 times. To get an"Historical Yield Charge" or"Historical Return Refund", Lessee must request such credit in the time of premature aging via email in email@example.com."
Lessor provides Lessee the choice to buy a damage waiver ("HoloCare Damage Waiver") for accidental damage to the Equipment during the Lease Period or ("HoloCare Professional Full Worth Waiver") for theft, loss, or accidental harm, such as liquid harm, to the Equipment during the Lease Period. The decision of whether harm is unintentional and never misuse is in Lessor's discretion.
• In the event of damage insured with a HoloCare Damage Waiver, the Lessee, that has bought the HoloCare Damage Waiver will pay Lessor a lien to 12 percent of the worth of a product in comparable state to the Equipment rented to Lessee. Valuation of this Gear is within Lessor's discretion. A HoloCare Damage Waiver doesn't cover items that are lost or stolen. As damaged should be returned for review to Lessor equipment reported. As that's deemed to fall under the category of Lessee neglect, A HoloCare Damage Waiver doesn't cover harm.
• In the event of loss or damage covered with a HoloCare Pro Total Worth, the Lessee, that has bought the HoloCare Pro Total Worth Waiver will pay Lessor a deductible payable 12 percent of the worth of a product in comparable state to the Equipment rented to Lessee. Valuation of this Gear is within Lessor's discretion. As damaged should be returned for review to Lessor equipment reported. The return must reports on the Lessor equipment theft, or Lessee will be subject to penalties. Theft of equipment has to be verified using an official police report filed within 30 days of this episode to Lessor. Lessor may request up to an including a complete evaluation by Lessor additional documentation or even a party. Whatever the condition, then the Lessee cover or should return the replacement value of their gear that the gear could be returned if the analysis reveals.
If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Lessee, or if the Lessee is adjudged insolvent, or if Lessee makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on the Equipment and isn't released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Lessee is a party with authority to take possession or control of the Equipment, Lessor shall have and may exercise the choice to, without notice, immediately terminate the Lease. The Lease will not be treated as an asset of Lessee after the exercise of said option.
The Equipment is, and shall always be and remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title or interest therein or thereto except as explicitly set forth in this Lease.
If Lessor shall so request, Lessee shall execute and deliver to Lessor such documents as Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of Lessor in the Equipment including, but not limited to a UCC financing statement.
This instrument constitutes the whole agreement between the parties on the topic matter hereof.
Service of all notices under this Agreement will be sufficient if given personally or by certified mail, return receipt requested, postage prepaid, at the address hereinafter set forth, or to such address as such party may provide in writing from time to time.
This Lease shall be construed and enforced in accordance with laws of the State of Florida.
CONDITION OF EQUIPMENT: All equipment is independently reviewed and rated based on our used equipment quality evaluations. Our equipment is in certain instances with defects unless stated. We'd never offer you equipment that's not in working order. Each product cleaned and is tested, upon return from leases, to make certain that you're currently getting a merchandise. We're not able to supply photographs of the piece of equipment you might be buying.
The Holo2Go 3 months Limited Warranty is a voluntary manufacturer’s warranty. It provides rights separate to rights provided by consumer law, including but not limited to those relating to non-conforming goods. As such, the Holo2Go 3 months Limited Warranty benefits are in addition to, and not instead of, rights provided by consumer law and it does not exclude, limit or suspend a buyer’s rights arising from consumer law. Consumers have the right to choose whether to claim service under the Holo2Go 3 months Limited Warranty or under their consumer law rights. Important: The Holo2Go 3 months Limited Warranty terms and conditions shall not apply to consumer law claims.
Please note: All claims made under the Holo2Go 3 months Limited Warranty will be governed by the terms set out in this warranty document.
Your Holo2Go-branded hardware product (“Product”) is warranted against defects in materials and workmanship for a period of 3 months from the date of original retail purchase (“Warranty Period”) when used in accordance with Holo2Go`s user manuals. Under this warranty, you will be able to direct your claims to Holo2Go.
If a defect arises during the Warranty Period, Holo2Go, at its option will (1) repair the Product at no charge using new parts or parts that are equivalent to new in performance and reliability, (2) exchange the Product with a product with equivalent functionality formed from new and/or previously used parts that are equivalent to new in performance and reliability or with your consent, a product that is at least functionally equivalent to the product it replaces. Unless failure has occurred due to a defect in materials or workmanship and, damage resulting from abuse, accident, modifications, unauthorized repairs or other causes that are not defects in materials and workmanship.
Holo2Go does not warrant, represent or undertake that it will be able to repair or replace any Product under this warranty without risk to and / or loss of information and / or data stored on the Product. In no event shall Holo2Go be liable for (a) loss or damage, which as of the product’s purchase cannot be regarded as being caused by Holo2Go’s breach of these warranty terms; or (b) losses caused by the user’s fault, loss of data or loss of profits or benefits.
Any limitations of liability in this warranty document shall not apply to (i) death or personal injury pursuant to any mandatory law on product liability; (ii) fraud or fraudulent misrepresentation; (iii) intentional misconduct or gross negligence; (iv) or a culpable breach of major contractual obligations. A damages claim based on a breach of major contractual obligations or gross negligence will be limited to foreseeable damage typical for the sale contract concerned.
To obtain warranty service, contact Holo2Go. Proof of purchase may be required to verify eligibility.
When contacting Holo2Go via telephone, call charges may apply depending on your location. Please contact your network operator for details.
Holo2Go will provide warranty service through one or more of the following options:
(i) Carry-in service. You may return your Product to our Holo2Go corporate office: 1905 NW 32nd street Building #5, Pompano Beach, FL 33064.
(ii) Mail-in service. If Holo2Go determines that your Product is eligible for mail-in service through HoloGuard Pro, Holo2Go will send you prepaid waybills and applicable packaging material, so that you may ship your Product to a Holo2Go Repair Service (“ARS”) 1905 NW 32nd street Building #5, Pompano Beach, FL 33064. Holo2Go will pay for shipping to and from your location if instructions regarding the method of packaging and shipping the Product are followed.
If any term is held to be illegal or unenforceable, it shall be severed from this warranty and the legality or enforceability of the remaining terms shall not be affected.
This warranty is governed by and construed under the laws of the country in which the product purchase took place.