1. GENERAL RESPONSIBILITIES. This Rental Agreement ("Agreement') is between TOOLTRIBE, LLC ("TOOLTRIBE ") and the user identified at login / registration on the TOOLTRIBE Mobile App ("User"). TOOLTRIBE, LLC will enable the User to receive the tool(s) identified at “Checkout” on the TOOLTRIBE Mobile App (the "Tools") "as is” and in good working condition for the time ("Rental Period") and rental subtotal price identified at “Checkout” on the TOOLTRIBE Mobile App ("Rental Price"). The “Tools” will be provided by the provider identified on the TOOLTRIBE Mobile App ("Provider").User agrees to return the Tools prior to the expiration of the Rental Period to the “Provider”, or to pay the additional rental fees described in Section 3 of this Agreement.
2. PAYMENT. User shall submit payment method for pre-authorization of the deposit identified on the checkout page of the TOOLTRIBE mobile app ("Deposit'), without any offsets, in full at the time of rental using a payment card approved by TOOLTRIBE, LLC (“User Card"). User shall pay the Rental Price, without any offsets, in full at the time of checkout using a User Card. User must notify TOOLTRIBE, LLC in writing of any disputed amounts, including credit card charges, within two (2) days after the receipt of TOOLTRIBE, LLC rental contract/invoice, or User shall be deemed to have irrevocably waived its right to dispute such amounts.
3. DEFAULT AND REMEDIES. To extend a Rental Period, User must submit an “Extend Rental” request via the TOOLTRIBE mobile app to the Provider prior to 1 day before the end of the Rental Period. Should User fail to timely return the Tools at the conclusion of the Rental Period and/or fail to return the Tools in as good order and condition as when received, the User shall be in default. If the Tool is not returned prior to expiration of the Rental Period, User will incur and be charged an additional rental fee, equal to 25% of the daily rental fee, charged per hour on a recurring basis ("Additional Rental Fees") until either the Tool is returned, or until the replacement value of the tool, as determined by the Provider is recovered plus any transaction fees, or whichever occurs first. As of the 10th day after the Rental Period expires, TOOLTRIBE, LLC may take such steps as permitted by law to secure return of the Tools and/or the reasonable value of the Tools based on the condition of the Tools at the beginning of the Rental Period. In such event, User shall reimburse TOOLTRIBE, LLC for all costs incurred including, without limitation, reasonable attorney fees. USER EXPRESSLY AGREES AND HEREBY AUTHORIZES TOOLTRIBE, LLC TO CHARGE TO THE USER CARD ALL AMOUNTS INDICATED ABOVE, AND ALL CHARGES SUBSEQUENTLY INCURRED BY USER UNDER OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO THE TOOLS, EXTENSION OF THE RENTAL PERIOD, REPAIR COSTS, AND ANY CHARGES INCURRED FOR FAILURE TO TIMELY RETURN THE TOOLS, INCLUDING ANY ADDITIONAL RENTAL FEES AND/OR TOOLS REPLACEMENT FEES, NOT TO EXCEED $10,000. User agrees that a service charge of 1.5% per month, or the maximum rate permitted by law, shall be assessed on all delinquent accounts, until paid in full. Deposits will be returned only after all amounts payable to TOOLTRIBE, LLC are paid in full. Future rentals will be postponed until User's account is paid in full. If User's payment towards the account is returned, denied, or otherwise unable to be processed, the balance due may be sent to a 3rd party collection agency on the 31st day after the Rental Period expires. USER HEREBY AGREES THAT USER IS NOT ENTITLED TO NOTICE OF DEFAULT OR NOTICE OF ANY ACTION OF ENFORCEMENT BY TOOLTRIBE, LLC OTHER THAN WHAT IS EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT. Should TOOLTRIBE, LLC fail to meet any of its obligations under this Agreement, User's only remedy is repair or replacement of deficient Tools or to receive, at TOOLTRIBE, LLC's option, a rental charge adjustment.
4. PERMITTED USE. User shall (a) maintain possession of the Tools during the Rental Period and shall not sublease or transfer the Tools or this Agreement; (b) keep the Tools free and clear of all liens, charges and encumbrances; (c) use the Tools only for its customary purpose and immediately discontinue use of the Tools if it becomes unsafe and/or in a state of disrepair; (d) use the Tools in compliance with all applicable laws and regulations; and (d) return the Tools to the provider identified on the TOOLTRIBE Mobile App ("Provider") in as good order and condition as when received.
5. PROHIBITED USE. User shall not (a) alter or cover up any decal or insignia on the Tools or remove any operational or safety instruction; (b) use the Tools in a negligent, illegal, unauthorized or abusive manner, or in any publication (print, audiovisual or electronic); or (c) remove or utilize the Tools outside of the United States.
6. MAINTENANCE. During the Rental Period, User agrees to maintain proper fuel, oil and/or lubrication levels in the Tools, if applicable. User further agrees to perform routine maintenance on the Tools, including routine inspections and maintenance of leaks, cooling system, water, batteries, cutting edges, and cleaning in accordance with the manufacturer's specifications. All other maintenance or repairs may only by performed by the provider identified on the TOOLTRIBE Mobile App ("Provider") or credible repair centers.
7. PROVIDER AUTHORITY AND TOOL PROTECTION PLAN. By adding or listing tools on the TOOLTRIBE Mobile APP, the provider is stating that the provider owns the listed tool and / or has the authority to operate, lease and/or sell the tool in question. The Provider also agrees to release TOOLTRIBE from any damages to, or replacement cost of, the listed tool unless the Tool Protection Plan has been selected and purchased in advance of the rental. If the Tool Protection Plan has been selected and purchased in advance, then TOOLTRIBE agrees to repair/replace the Provider’s tools in case of damage or theft and if the user does not do so for any reason.
8. USER LIABILITY. DURING THE RENTAL PERIOD, USER ASSUMES ALL RISKS ASSOCIATED WITH AND FULL RESPONSIBILITY FOR THE POSSESSION, CUSTODY AND OPERATION OF THE TOOLS, INCLUDING, BUT NOT LIMITED TO, RENTAL CHARGES, USER TRANSPORT, LOADING AND UNLOADING, PROPERTY DAMAGES AND DESTRUCTION, LOSSES, PERSONAL INJURY, AND DEATH. USER EXPRESSLY ASSUMES ALL RISK OF DAMAGE TO THE TOOLS UNLESS USER PURCHASED DAMAGE PROTECTION, WHICH ALLEVIATES CERTAIN COSTS AND RESPONSIBILITIES AS PROVIDED IN PARAGRAPH 10.
9. NO WARRANTIES. TOOLTRIBE, LLC does not design or manufacture the Tools and is not the agent of the manufacturer or any other supplier of the Tools. TOOLTRIBE, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TOOLS, ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. User acknowledge(s) acceptance of the Tools "as is" and on a "where is" basis, with "all faults" and without any recourse whatsoever against TOOLTRIBE, LLC.
10. RELEASE, INDEMNIFICATION AND WAIVER OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, USER INDEMNIFIES, RELEASES, WAIVES AND HOLDS TOOLTRIBE, LLC HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES), LIABILITIES AND DAMAGES (INCLUDING PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE TOOLS, ITS OPERATION OR USE, OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF TOOLTRIBE, LLC'S OBLIGATIONS HEREIN. USER'S INDEMNITY OBLIGATION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. IF ANY PART OF THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION, USER AGREES THAT THIS CLAUSE SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT USER'S STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY
11. REPAIR / REPLACEMENT COST. User agrees that an estimated "Repair Cost" shall be charged for Tools that are returned with damage due to abuse, misuse, neglect, intentional acts, and/or failure to follow the proper use and care instructions for the Tools. The Repair Cost shall not exceed the fair market value of the tool. User agrees that a "Replacement Cost" shall be charged for Tools that are lost or stolen. Replacement cost will be determined by the provider based on what is required to replace the tool as it was at the start of the rental. User acknowledges and agrees to pay the Repair / Replacement Cost and authorizes TOOLTRIBE, LLC to charge the Repair / Replacement Cost to the User Card.
12. ENTIRE AGREEMENT. This is the entire agreement between TOOLTRIBE, LLC and the User and may not be modified except in writing signed by both parties.
13. NOTICES. TOOLTRIBE, LLC may elect to send any notices to User by any means determined by TOOLTRIBE, LLC. In particular, if User has provided TOOLTRIBE, LLC with an email address, TOOLTRIBE, LLC may send notices to User by email and such email notice by TOOLTRIBE, LLC shall be valid notice for purposes of this Agreement.
14. USER BOOKING / CANCELLATION POLICIES. User:May only cancel before start of the rental time period as determined at checkout on the TOOLTRIBE mobile app. Fees will be incurred if cancellation is less than one day prior to start of specified rental time. The only exception will be for same day rentals per the provision outlined below.
15. SAME DAY RENTAL EXCEPTION. If user books a rental to start within 24 hours of the booking time, the user may cancel without penalty only if the provider has not yet accepted/confirmed the rental request. This exception is to allow the user to find another tool in the needed time frame, if the provider is not responsive for any reason.
16. PROVIDER BOOKING / CANCELLATION POLICIES. Provider: Must accept the rental before the rental is scheduled. The provider then may cancel the transaction (with full refund to the user) without penalty up until 1 day prior to the rental.