TERMS AND CONDITIONS
PREMIER PHARMA SERVICES, INC. D/B/A RITEWAY MEDICAL (“RITEWAY MEDICAL”) RENTS HOME HEALTH MEDICAL EQUIPMENTS AND SUPPLIES (THE “EQUIPMENT”) TO THE RENTER WHOSE NAME APPEARS ABOVE (THE “RENTER”) SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. The rental term commences on the delivery date and ends upon the date when the Equipment is returned to RITEWAY MEDICAL in accordance with this Agreement.
2. RITEWAY MEDICAL shall have the right to immediately retake and repossess the Equipment and terminate this Agreement if the Renter fails to comply with any of the terms, covenants, conditions, and understandings herein. The Renter waives all claims to damages or expenses in respect of such seizure and repossession.
3. If the Equipment is not returned on or before the Return Time shown above, as applicable RITEWAY MEDICAL reserves the right to charge a late penalty fee.that will be equal to a daily rate of $50.00 per day.
4. All rentals require the Renter to leave with RITEWAY MEDICAL either the Renter’s driver’s license or an alternative approved piece of identification containing the Renter’s name throughout the duration of the rental period. Acceptable forms of identification include: a state issued driver’s license or ID, a membership card, or other issued ID that has your name printed on it. We are not able to hold credit cards, social security cards, or business cards.
LOSS AND DAMAGE
5. The Renter acknowledges that they have fully inspected and accepted the Equipment in good condition and repair. The Renter further acknowledges that the Renter is familiar and knowledgeable with the operation, care, and control of the Equipment and is capable of safely operating the Equipment.
6. The Renter shall return the Equipment at the end of the term in the same condition as received and agrees to be the sole operator of the Equipment and to operate the Equipment in a safe and reasonable manner.
7. In the event of loss or damage of any kind whatsoever to the Equipment, the Renter shall, at the option of RITEWAY MEDICAL, place the Equipment in good repair, condition, and working order as determined by RITEWAY MEDICAL (in its sole and absolute discretion), at the Renter’s sole cost and expense or, alternatively, replace the damaged or lost Equipment at the prevailing new market value.
8. The Renter agrees to pay all costs, expenses, and legal fees incurred by RITEWAY MEDICAL in regaining possession of the Equipment or in enforcing or recovering any damage, losses, or claims against the Renter.
9. Should the Renter experience any problems with the Equipment, the Renter or his/her representative is responsible for contacting RITEWAY MEDICAL immediately at (813)-333-0363. A RITEWAY MEDICAL representative will attempt to resolve any service issues over the phone prior to dispatching equipment to replace the Equipment. Please have your equipment readily available.
10. Failure to contact RITEWAY MEDICAL during the rental period will void any change of refund or compensation. Please have your equipment readily available.
11. Should delivery of the Equipment be delayed, or should the Equipment malfunction for reasons other than a result of the negligence, misuse, or damage caused (directly or indirectly) by the Renter, RITEWAY MEDICAL will make commercially reasonable efforts to provide equipment to replace the Equipment. If replacement of the Equipment is not practical, the Renter shall be refunded a portion of the rental cost as determined by RITEWAY MEDICAL, acting reasonably.
USE OF EQUIPMENT
12. The Renter will use the Equipment in a careful, diligent, and prudent manner and will comply with manufacturer requirements and recommendations respecting the Equipment, and with all applicable laws including, but not limited to, all local, provincial, state, or federal laws respecting the use of the Equipment.
13. The Renter acknowledges that it shall be the sole operator and occupant of the Equipment and will use the Equipment for the sole purpose for which it was designed and not for any other purpose. The Renter agrees not to make any modifications to the Equipment. There are not to be any additional riders, including children on motorized vehicles.
14. The Renter acknowledges that where the Equipment is taken outside of the service area, as may be designated by RITEWAY MEDICAL, the Renter will be responsible for any maintenance, repair, or replacement of the Equipment resulting from such actions, as well as any additional delivery or pickup charges that may be incurred by RITEWAY MEDICAL. Any costs incurred to assist in the maintenance, repair, or replacement of the Equipment outside the service area is the sole responsibility of the Renter.
15. Where the Equipment is to be transported on an airplane, the Renter is required to issue a $200 security deposit to RITEWAY MEDICAL at the time of booking. The security deposit, minus any cost to repair damages, shall be returned to the Renter upon the return of the Equipment.
WAIVER OF LIABILITY
16. 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 OF THE RENTAL, POSSESSION, USE, OPERATION, OR CARE AND CONTROL OF THE EQUIPMENT BY THE RENTER INCLUDING, BUT NOT LIMITED TO, ALL MEDICAL COSTS AND FINANCIAL AND ECONOMIC LOSSES.
17. The Renter waives, releases, and forever discharges RITEWAY MEDICAL, its 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 representatives, and assigns.
18. The Renter shall defend, indemnify and hold harmless RITEWAY MEDICAL, 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.
19. It is the intention of the RITEWAY MEDICAL and the Renter that this Agreement and the performance under this 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 Florida 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 Florida.
20. 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.
21. This Agreement constitutes the entire agreement between RITEWAY MEDICAL and the Renter. This Agreement shall not be amended, altered, or changed except by a written agreement signed by RITEWAY MEDICAL and the Renter.