Rental Agreement Terms and Conditions

Rental Terms & Conditions

Use of Equipment:

  1. The authorized user of the rental equipment will use the equipment in a careful, diligent, and prudent manner. The user will comply with the manufacturers requirements and recommendations and will respect the equipment, adhering to all applicable laws including, but not limited to, all local, provincial, state, or federal laws with respect to the use of the equipment. 

  1. The customer acknowledges that the equipment will be used for the sole purpose for which it was designed and not for any other purpose. The customer agrees not to make modifications or any other changes to the equipment. 

  1. The customer acknowledges that the equipment is a single person piece of equipment and that no additional riders, including children, are allowed on the rental equipment. 

  1. Customer acknowledges that the equipment is to be returned to the location on the Customer Confirmation. If the equipment is not returned to that location and Peoples Care Medical is required to retrieve it from another, without advance approval, there will be a $100.00 USD charge automatically applied to the credit card used to pay for the rental. 

  1. Customer acknowledges that if the equipment is abandoned without notifying Peoples Care Medical in advance, there will be $100.00 USD charge if equipment is located. If equipment is not located, the customer will be responsible for full replacement costs. 

  1. Customer acknowledges that this equipment is meant to be used on solid surfaces and should not be used in sand, mud or other soft surfaces. 

  2. Customer acknowledges equipment is the property of Peoples Care Medical Supply and is in good working conditions at the time of delivery, service.
  3. Customer acknowledges to return equipment in the same condition as when received, normal wear and tear is expected at the end of the rental period, an inspection will be completed.

Rental Terms:

  1. The rental term commences on the delivery date and is finalized upon the date when the equipment is returned to Peoples Care Medical in accordance with this agreement. 

  1. Peoples Care Medical has the right to repossess the equipment and immediately terminate this agreement if the customer fails to comply with any of the terms, covenants, conditions, and understandings herein. The customer waives all claims to damages or expenses in respect of such seizure and repossession. 

  1. Late Fees: Any equipment not returned to Peoples Care Medical on the scheduled date will be subject to a late fee. The cost of this fee depends on the type of rental and on how late the equipment is returned. Please check your rental confirmation order for further details. 

  1. Customer details will be stored in our system for a maximum of 30 days and will then be deleted. In the event of a police investigation, details information may need to be stored longer.

  2. Customer understands mobility equipment has incorporated and air tag to track our property. The air tag feature is designed to make easy to keep track of all our property and your safety, plus it's a great way to help secure your rental equipment.
  3. Customer understands its their responsibility to charge the batteries of the equipment rented as need. A battery charger is included with item rented. We guarantee our products as long as the customer follows instruction. 
  4. Customer acknowledges to the terms and conditions of credit card authorization. Customer understands and consent to the use of the credit card provided without the original signature on the charged order, I understand that by clicking rental agreement I have read the terms and conditions of this agreement. I authorized Peoples Care Medical Supply to charge against credit card provided all amounts billed in this transaction including applicable taxes, shipping, delivery and handling charges. I am bound by this agreement and I have signed "verbal" at the time of me placing my order over the phone, in-store person, web-site-order"

Loss and Damage:

  1. The customer, or their respective agent, acknowledges that upon acceptance of the equipment delivery, they have fully inspected and accepted the equipment in good condition and repair. If any concern or issue is to be raised, the customer, or respective agent, will contact Peoples Care Medical within one (1) hour of acceptance of delivery to notify of these concerns. 

  1. The customer, or their respective agent, acknowledges that the operator of the equipment is familiar and knowledgeable with the operation, care, and control of the equipment. They acknowledge that the operator of the equipment is capable of safely operating the equipment. 

  1. The customer, or their respective agent, acknowledges that they were provided the opportunity to purchase or waive the protections pertaining to the Equipment Protection Plan of this rental agreement. If they chose to waive (decline) the services pertaining to the EPP they are now solely responsible for any and all repair or replacement costs of the rental equipment. 

  1. The customer, or their respective agent, will return the equipment at the end of this rental in the same condition it was received in. 

  1. The customer, or their respective agent, agrees to pay all costs, expenses, and legal fees incurred by Peoples Care Medical in regaining possession of the equipment, enforcing, or recovering any damage, loss, or claims against the customer.

Waiver of Liability:

The renter acknowledges that operating the equipment has inherent risks, dangers and hazards, including, but not limited to, traffic conditions, weather conditions, road and sidewalk conditions, natural and unnatural objects and obstacles, impact or collision, and negligence of others.

THE RENTER ASSUMES ALL RISK AND LIABILITY FOR ANY AND ALL LOSS, DAMAGE, OR INJURY INCLUDING DEATH TO PERSONS OR PROPERTY OF THE RENTER OR OTHERS ARISING OUT TO THE RENTAL POSSESSION, USE, OPERATION, OR CARE AND CONTROL OF THE EQUIPMENT BY THE RENTER INCLUDING.

Release:

The renter waives, releases, and forever discharges Peoples Care Medical, it’s directors, officers, shareholders, employees, affiliates, agents, servants, heirs, executors, administrators, legal representatives and assigns from all manner of actions, causes of actions, costs, expenses, liability, claims and demands for or by reason of any damage, loss, or injury to person and property which has been or may be sustained related to the rental, possession, use, operation, or care and control of the equipment.

The renter acknowledges that this release is given with the express intention of effecting the extinguishment of certain obligations owed to the renter and with the intention of binding the renter's spouse, heirs, executors, administrators, legal representative and assigns.

Indemnity:

The renter shall defend, indemnify and hold harmless Peoples Care Medical Supply, all of its directors, officers, shareholders, employees, affiliates, agents, servants, heirs, executors, administrators, legal representatives and assigns from and against any and all losses, liability claims, damages, costs, expenses, attorney fees, injuries, demands, actions, and causes of action, arising out of or related to directly or indirectly any loss, damage, or injury claimed by any persons that may arise from the renter’s rental, possession, use, operation, or care and control of the equipment.

Governing Law:

It is the intention of Peoples Care Medical and the Renter that this agreement and the performance under the agreement, and all suits and proceedings under this agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of California without regard to the jurisdiction in which any action or proceeding may be instituted. The parties hereto attorn to the non-exclusive jurisdiction of the courts of the State of California.

Attorney's fees provision:

This entire rental agreement terms and conditions, the prevailing party in any dispute with respect to this agreement is entitled to recover reasonable attorney's fees, cost, and expenses incurred with respect to such dispute and in any appeal, including credit card disputes.

Severability:

If any part of this agreement be declared or held invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity and enforceability of the remainder, which shall continue in force and effect and be construed as if this agreement had been executed without the invalid or unenforceable portion and it is hereby declared the intention of the parties hereto that this agreement would have been executed without reference to any portion which may, for any reason, be hereafter declared or held invalid or unenforceable.

Exclusion of Anti-Social Forces:

The Renter represents and warrants that they do not fall under any of the following categories: (a) the anti-social forces (defined as [1] an organized crime group, a member of an organized crime group, a related company or association of an organized crime group, and any other equivalent person above; or [2] a person who themselves or through the use of third parties conducts a demand with violence, an unreasonable demand beyond its legal entitlement, use of intimidating words or actions, damages the credit or obstructs the business of the other party by spreading false rumors or by the use of fraudulent means, or any other equivalent actions above); (b) a person having such relationship with the anti-social forces that shows the anti-social forces' substantial involvement in the person's management; (c) a person having such relationship with the anti-social forces that shows reliance on the anti-social forces; (d) a person who cooperates and is involved with the maintenance or operation of any anti-social forces by providing funding to anti-social forces or any similar act; (e) a person who is engaged in socially condemnable relationships with the anti-social forces.

Entire Agreement:

This agreement constitutes the entire agreement between Peoples Care Medical and the customer, or their respective agent. This agreement shall not be amended, altered, or changed except by a written agreement signed by Peoples Care Medical Supply.