Terms and Conditions
Last updated: October 15, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.nycmobilityrentals.com website (the “Service”) operated by NYC Mobility Rentals INC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
Items are used at your own risk. Check with your doctor if items are appropriate for your needs. Items must be returned clean, dry and odor free, and protected from stains.
The following is the contract for rental of any item from NYC MobilityRentals This contract has no other warranties, expressed or implied, including warranty of fitness or of merchantability for any purpose other than that provided hereafter. The term “renter” and “you” in this contract refers to regular renters. ”We”, “our”, and “NYC Mobility Rentals ” refer to any NYC MobilityRentals and Guest Services location or personnel.
Physical Condition of rental ltem(s): You acknowledge that prior to taking this rented item(s), you have examined it, and have seen it in operation (if appropriate), and are aware of its condition and that it is in good condition except for any defect noted on this contract. It is your responsibility to return the rented item(s) to NYC Mobility Rentals in the same condition, except for natural wear from responsible use.
Use of Items: You agree that you are satisfied with any instructions given by NYC Mobility Rentals in the proper and safe manner of using the item(s) or that you are so familiar and told NYC Mobility Rentals that you were. You further agree that the items will be used only at the address designated and only for the purpose for which item(s) was manufactured and intended. Loaning, subleasing or improper use is prohibited.
Responsibility: You are responsible for the use of any item(s) used in the store by you or children in your care. You are responsible for rented item(s) whether used by you, your family members, and children in your care or anyone else while the item is rented by you. While the staff of NYC Mobility Rentals may make suggestions, the renting adult is wholly responsible for the selection and use of item(s) for and/or by children in his or her care. You ‘assume all risks inherent in the operation and use of the item(s) and agree to assume the entire responsibility for the defense of, and to pay, indemnify and hold NYC Mobility Rentals harmless from any loss or damage to NYC Mobility Rentals . You hereby release NYC Mobility Rentals from any and all claims for damage to property or bodily injury (including death) resulting from the use, operation or possession of the item(s), whether or not it be claimed or found that such damage or injury resulted in whole or in part from NYC Mobility Rentals negligence from the defective condition of the item(s) or from any cause. You agree that no warranties, expressed or implied, have been made in connection with the rental. Renting adults agree to all safety precautions concerning use of NYC Mobility Rentals materials by themselves or by children in their care.
Responsibility for items. From the time the item(s) is rented out until it is returned, you are responsible for it. if the item is lost, stolen or damaged under any circumstances while rented, regardless of fault, you shall be responsible for all charges, including labor costs, to replace or repair the item(s). If the item(s) is returned not clean, a cleaning charge will be imposed. Accrued rental charges cannot be applied against the purchase price or cost of repairs of such damaged or lost item(s) or its packaging. If you have not made other arrangements, you hereby authorize NYC Mobility Rentals to charge your credit card account with said charges whether or not such credit card voucher has your signature. You agree that the credit card company shall pay NYC Mobility Rentals or its agents or assigns the charges due. You agree that you will keep the rented items in your possession during the entire rental period and not loan out the item to any person or persons during the entire rental period. You understand the packaging which each item comes with is part of the item. You promise to return the packaging with the item in as good condition as it was at the effective date of the rental, natural wear from responsible use excepted. You will be liable for a’1y damage or destruction of packaging as with the rented item itself. You understand that the packaging of a toy is not to be given to children for playing.
Item(s) failure: You agree to immediately to discontinue the attempt to use the rented item (s) should it at any time become unsafe or in a state of disrepair and will immediately (one hour or less) notify NYC Mobility Rentals of the facts. NYC Mobility Rentals agrees in its discretion to make the item(s) operable within a reasonable time, or provide you with a like item if available, or make a like item available at another time or adjust the rental charges. This provision does not relieve you from the obligations imposed by other Paragraphs, including 4 and 6. In all events, NYC Mobility Rentals shall not be responsible for any injury or damage, including consequential damage, resulting from failure or defect of a rented item(s).
Return of Item(s): The rented item(s) is NYC MobilityRentals property and is rented to you subject to this contract for rental charges and for the period of time printed on the front of this invoice. You agree to return items on time and during store hours. Late charges will be collected for any item not returned on time. If you desire to extend the term of this rental beyond the time and date specified on the front under “Due In”, you must immediately notify NYC MobilityRentals to obtain approval, the terms for such extension and a modification of this contract (see paragraph 9). Extensions will be made at the sole discretion of NYC MobilityRentals •. If this contract has not been extended and you fail to return the item(s) when due in, NYC Mobility Rentals , to enforce its property ownership of the item(s) and to protect its interest under the contract may retake the items and to do so NYC Mobility Rentals , or its representatives may enter your property and you hereby wave any right of action against NYC Mobility Rentals for such entry and retaking In addition, you acknowledge that the failure to return rented Item(s) within the contracted time and the sale or concealment of rented of rented Item(s) are prohibited, and that such action may constitute a crime. NYC MobilityRentals, in addition to any other action we may take, may notify the authorities and take other action, including the filing of criminal complaints, subjecting you to prosecution.
Charges and Payments: Time is money. You are responsible for rental charges from time the item(s) is “Rented Out” as printed on the front until it is “Returned” and other charges hereunder. Return the item(s) promptly, clean and in good condition. You and your representative, agent, or principal shall be responsible for and shall pay NYC MobilityRentals all charges. All charges are due upon return of the item(s) and on demand. If the rental charges are charged to someone other than the renter, the Renter represents he is the agent of such party and has the right to charge this rental; the Renter nevertheless will remain liable for the charges and for the other obligations and responsibilities of the renter hereunder. If rental charges are not paid within 10 days of their due date, NYC MobilityRentals, at its discretion, may recalculate all charges on a daily rental rate basis.
Collection Costs: You agree to pay reasonable attorney fees, collection service fees, expenses, and court costs incurred in collecting any charges under this agreement, in retaking the rented item(s) or otherwise in enforcing the terms of the contract.
Modification of this contract: This agreement represents our entire contract and there are no oral or other agreements outstanding. None of NYC MobilityRentals rights may be changed and no extension of the terms of this contract may be made except in writing signed by NYC MobilityRentals and made a part of this contract.
Deposit: At time of rental you will be required to put down a deposit on items rented. Such deposit will be equal to the retail price of such item. When the rental period is over and you return the item to NYC MobilityRentals in acceptable condition your deposit (cash, check or credit card voucher) will be returned to you.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Service and its original content, features and functionality are and will remain the exclusive property of NYC Mobility Rentals INC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NYC Mobility Rentals INC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by NYC Mobility Rentals INC
NYC Mobility Rentals INC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that NYC Mobility Rentals INC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.