Rental Agreement

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This rental agreement was last updated on 1/15/2022. See bold paragraph for updates.

This Rental Equipment Agreement (“Rental”) is entered into by clicking the “Place Order” button, by and between UplightRentals.com (KL LLC), (“The Company”) and current user (“Renter”). By clicking on the “Place Order” button, Renter agrees to be bound by this Rental Equipment Agreement and all the Terms and Conditions therein, whether or not Renter has read them. The Company may at its sole discretion modify this Rental Equipment Agreement and all the Terms and Conditions therein at any time. By clicking on the “Place Order” button, Renter indicates acceptance of the modified Terms and Conditions. Therefore,

1. Disclaimer

Every effort is made to assure descriptions and prices are correct. The Company reserves the right to correct errors as needed. All prices and availability are subject to change without notice.

2. Rental

The Company hereby leases to Renter, and Renter hereby leases from The Company, the following described equipment (“Equipment”) shown above in the “Your Order” area during checkout.

3. Shipping

  1. The Company will make every attempt to have Equipment arrive on time.  Because The Company uses a third party shipping service, they cannot guarantee a specific time or date for delivery.
  2. Use, by Renter, of shipping methods other than those arranged for by The Company is a violation of these terms, and may result in the application of additional fees.
  3. The Company will engage into a contract with a third-party shipping agency (“Shipper”) in order to provide shipping service to and from the Renter.  When Equipment is outside of the possession of The Company, Renter shall abide by all rules and regulations of the Shipper.

4. Term

The term of this rental shall commence at the latter of the date the Shipper shows the first attempted delivery or the first day of the rental period shown on order receipt. The term of this agreement shall expire on the expiration of the final day shown on the order receipt or two business days following the Event Date, whichever is latter. The Equipment must be returned to the Shipper by the end of business on the last day of the term of the rental.

5. Rent

Rent and a deposit, if applicable, must be paid in advance, in full, prior to shipping. Should the rental not be fully paid for, The Company will not ship out the Equipment.

The Company will collect and store personal and credit card information of Renter through a third party organization (Stripe) compliant with PCI standards as described in the Privacy Policy. Upon clicking “Place Order”, Renter’s card on file will be charged for the amount of the rental. Renter information will be kept on file and will be used as payment should any damage or late fees be incurred by Renter.

6. Use

Renter shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinance, and regulations in any way relating to the use or possession of the Equipment.

7. Cancellation by The Company

The Company reserves the right to cancel any order, for any reason, at any time before delivery occurs.

8. Cancellation by Renter

  1. Rental Equipment:
    1. Renter may cancel an order at any time, for any reason until the The Company transfers possession of the Equipment to the Shipper. 
    2. Cancellation that occurs 7 or more days prior to the event date shall be refunded at 100% of the purchase price. 
    3. Cancellations that occur less than 7 days prior to the event date shall be refunded at 80% of the total rental cost as part of a restocking fee.
  2. Purchased Equipment:
    • Renter may cancel an order at any time, for any reason until the The Company transfers possession of the Equipment to the Shipper.   Renter will be refunded 100% of the purchase price.

9. Ownership

The Equipment remains at all times the sole and exclusive property of The Company. The Renter has no rights or claims to the Equipment. The Company makes no claims to images, video, or sound recordings made by the Renter while using the Equipment.

10. Late Returns

Late equipment returns are penalized a daily penalty rate equivalent to 10% of the 5 day rental rate for the Equipment. Any penalties will be charged to the Renter’s form of payment on file with The Company.  The Company will contact Renter one business day following the Return Date if no shipping information has been updated with the Shipper and/or UplightRentals.com.

  1. In the event the rental is not returned 7 days business days after the due date and The Company has been unable to collect the applicable penalties, the equipment will be considered lost and the Renter’s form of payment will be charged the full replacement value of the Equipment.
  2. If The Company is unable to collect penalties or the replacement value of the equipment after 7 business days, the Renter shall be considered to be in Default.
  3. The Company reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.

11. Missing Accessories

In the event of any missing accessories (cables, stands, extension cords, etc.), Renter is fully liable to The Company for the replacement cost of the missing items.

12. Damaged or Modified Equipment

Renter shall keep the Equipment in good repair and condition.

Renter shall not materially modify or alter the Equipment.

  1. In the event of any material modifications, Renter will be responsible for all reasonable costs of The Company in restoring the Equipment to its normal condition. This shall be communicated to the Renter prior to charging for payment.
  2. Renter assumes and shall bear the entire risk of damage to the Equipment from any cause, except damage in the possession of the Shipper, during the term of the Rental.
    • The Company shall provide safe & secure packaging during shipment. If damage occurs during shipping as a result of Renter-provided packaging materials, Renter shall assume damage of shipment.
  3. Unless pre-existing damage is reported to The Company within 24 hours after Renter takes possession of the Equipment, it is assumed any damage to the equipment occurred during the term of the Rental.
  4. If there is a dispute between The Company and Renter as to whether damage occurred in possession of the Shipper, the equipment shall be sent to an external repair facility. The opinion of the repair facility, as to the cause of the damage, shall be binding on the parties.
  5. In the event of damage, The Company shall choose the repair method and venue, within reason.
  6. If The Company chooses an external venue for repair, Renter is responsible for the total cost of repair, if commercially reasonable.
  7. The Company may elect to repair the Equipment in-house. In these cases, Renter shall be responsible for The Company’s reasonable expenses for parts and labor.
  8. Renter’s form of payment shall be charged the amount of repair expenses owed to The Company. If the Renter’s form of payment cannot be successfully charged within 24 hours, the Renter shall be considered to be in Default.
  9. At The Company’s discretion, a cleaning fee of 25% of the cost of the Rental may be charged if any of the following must be removed from the equipment upon return:
    • Smoke
    • Mud or dirt
    • Chalk or powder
    • Sand
    • Water
    • Any other matter that must be removed from the Equipment before it is placed back in The Company’s inventory

13. Loss of Equipment

Renter assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Rental.

  1. Lost or Stolen Equipment – In the event that the Equipment is reported by Renter to be lost or stolen during the term of the Rental, Renter is liable to The Company for the replacement value of the Equipment.
  2. The Company shall charge Renter’s form of payment the amount owed for replacement of the lost or stolen Equipment.
  3. If the Renter’s form of payment cannot be successfully charged within 24 hours, the Renter shall be considered to be in Default.
  4. Unreturned Equipment – If the Equipment is not returned within seven days of expiration of the term of the Rental, the Renter shall be liable for the replacement value of the Equipment.
  5. In case of a dispute over whether the Renter returned the Equipment:
  6. If the tracking information for the return shipping label provided by The Company does not show that the Equipment has been picked up by Shipper and the Renter has no drop-off receipt, the Equipment is considered unreturned.
    1. If Renter used an alternate shipping method, not organized in advance by the two parties, and the Equipment is subsequently lost in transit, the Equipment is considered unreturned.
    2. The Company shall charge Renter’s form of payment the amount owed for replacement of the unreturned Equipment.
    3. If the Renter’s form of payment cannot be successfully charged within 24 hours, the Renter shall be considered to be in Default.
    4. If Renter uses an alternative shipping method, all shipping costs are the responsibility of the Renter.  Renter agrees to provide The Company with tracking and insurance information for the full value of the rental agreement.

14. Default

In the event of default, all amounts owed by Renter to The Company are immediately due.

  1. In the event of default, Renter shall be responsible for any reasonable expenses of The Company in attempting to recover the amount owed from Renter including collection fees and attorney’s fees.
  2. The Company reserves the right to pursue all available civil and criminal remedies against Renter, including but not limited to: recovering possession of the equipment, obtaining from Renter’s form of payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any civil remedies available. These remedies are not exhaustive or exclusive.

15. Liability

The Company does not assume, and the customer indemnifies The Company against any liability or claims resulting from use or malfunction of the equipment. Renter assumes all liability that may arise from use or failure of the equipment.

16. Shipping Delays & Malfunctioning Equipment

In the case of a shipping delay beyond an initial 24 hour period, or malfunctioning Equipment, The Company’s only liability to Renter is for the portion of Rent applicable to the time period that the Equipment was nonfunctioning or delayed in transit. The Company shall not be responsible for any consequential or incidental damages resulting from malfunctions or shipping delays.

17. Ownership

The Equipment remains at all times the sole and exclusive property of The Company. The Renter has no rights or claims to the Equipment. The Company does not have or make any claim to images, video, or sound recordings made by the Renter while using the Equipment.

18. Severability and Governing Laws

This represents the entire agreement between The Company and Renter. If any portion of this agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable. The agreement shall be enforced according to the laws of the State of Michigan. The Company and Renter agree that the United States District Court for Ottawa County in Michigan shall have exclusive jurisdiction over any dispute between the parties of this Rental.

In short: Return your equipment on time and in the same condition in which you received it.
For additional information please contact us.