My Time Rentals – TERMS & CONDITIONS
- LEGAL NOTICE – All notices from My Time Rentals (hereinafter “My Time Rentals”) to You will be included in Your confirmation email to You and will be deemed delivered after being sent. These Terms and Conditions will also be posted on our website and checking the box of Terms and Conditions will be deemed to be read and agreed to. Notices from You to My Time Rentals shall be made either by phone or e-mail.
- ELECTRONIC SIGNATURE – For all purposes herein, My Time Rentals and You agree that an electronic signature on these Terms & Conditions and the Rental Agreement – Waiver and Release of Liability shall be deemed the same as an original, handwritten signature for the purposes of validity, enforceability, and admissibility. Further, both parties agree to promptly re-execute a copy of both the Terms & Conditions and the Rental Agreement – Waiver and Release of Liability with original, handwritten signatures if requested by the other to do so.
- USE OF SITE – This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. My Time Rentals and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if My Time Rentals believes that customer conduct violates applicable law or is harmful to the interests or equipment of My Time Rentals or anyone else.
- PRIVACY POLICY – My Time Rentals’ use of personal information that you may submit to My Time Rentals through the website, phone orders, and orders taken in person is governed by this agreement. My Time Rentals considers customer information to be confidential and does not share or sell customer data.
- TERMS & CONDITIONS AND WAIVER / RELEASE – Customer agrees by signing the Rental Agreement – Waiver and Release of Liability that they are bound by the terms and conditions of this agreement and that customer signature on this agreement is not required.
- TERMS OF DELIVERED EQUIPMENT – Customer assumes all risk of loss or damage to the Equipment upon receipt of the Equipment from My Time Rentals or a designated agent to Customer. Customer shall be solely responsible for any such loss or damage to the Equipment during the rental period up until the return of the Equipment to My Time Rentals’ designated location.
- DELIVERY – We make every effort to arrive on time, however, due to unpredictable traffic situations and possible delays, we do not guarantee exact delivery times. You have 24 hours after delivery or as soon as discovered to notify My Time Rentals of any discrepancies, damaged equipment, or missing manufacturer’s instructions. You agree that you or your designated agent examined the equipment, agree that it is in operable condition (if appropriate), and are otherwise aware of its condition. Manufacturer’s instructions are also posted on our website for customer use where available. Changes, upgrades, and additions will be charged to the customer’s credit card on file and are payable immediately. A same day delivery fee may be charged if the customer changes the order after it has been delivered. Customer assumes all responsibility for reviewing their order to assure the correct and appropriate items are on the order. Changes prior to rental start can be made subject to availability and will not be provided unless the product is available and until the payment for the difference is made.
- REPLACEMENT COSTS – In the event any of My Time Rentals’ Equipment is damaged beyond repair, lost, or stolen during the term of the rental agreement, Customer agrees to reimburse My Time Rentals for the replacement cost of the Equipment at retail value plus any lost rent or revenue during the time My Time Rentals does not have the replacement Equipment to rent. In the event the equipment is damaged but repairable at a cost of less than 50% of the equipment’s retail value, Customer agrees to reimburse My Time Rentals for the cost of the repair and any lost rent or revenue during the repair of such damage that occurred during the rental term that is the subject of this contract. The reimbursement of these expenses is due immediately upon presentation of an invoice from My Time Rentals and is not contingent upon receipt of payment to Customer by Customer’s insurance carrier if applicable. Rental charges will continue to accrue until payment of the deemed replacement cost has been received in full by My Time Rentals. Rental charges will not be offset against replacement value as such would deprive My Time Rentals of rental income necessary for business operations.
- BUY OUT – Buy out is not available.
- RENTAL TERM – Customer agrees to rent the Equipment from My Time Rentals for the terms specified on the face of the Agreement. Start of the rental term indicates the date the equipment is delivered from My Time Rentals to Customer as indicated on the Agreement as the “Date Rented”. The date equipment should arrive back at My Time Rentals premises or the designated location is indicated on the Agreement as the date “Due Back”. In the event that Customer retains the equipment after the conclusion of the rental term, the terms of this Agreement shall be extended for a successive renewal term equal to the initial term with Customer being responsible for the full costs of the renewal term. If Customer fails to obtain written, preapproval from My Time Rentals for the successive term prior to the expiration of the initial rental term, the successive renewal cost will also include a 10% penalty fee added to the total cost to account for the resulting inability of My Time Rentals to re-rent that equipment to other customers.
- EQUIPMENT RENTAL AND RETURN – Customer acknowledges that it is solely Customer’s responsibility to return the Equipment to My Time Rentals or the designated location. If the equipment is not returned by Customer by the date due back as indicated on the face of the Agreement, rental charges will continue to accrue as the Agreement will be extended for one or more successive renewal terms described in Paragraph 10. Equipment must be returned to My Time Rentals in clean and good working condition. Equipment is subject to inspection upon return to My Time Rentals or as soon as practical thereafter. My Time Rentals reserves the right to seek reimbursement under Paragraph 7 Replacement Costs above following this inspection.
- CANCELLATION – Orders cancelled 14 days or more prior to the agreed upon Delivery Date will be refunded 100% of the order total. Orders cancelled within 14-days of Delivery Date are refunded at 85%. No refunds are provided for (A) equipment cancelled on-site or refused on-site; (b) if a customer or customer’s designated party “no shows” for a self-pickup; or (c) for early termination of the rental. There are also no refunds for equipment purchased specifically to accommodate a customer’s order or transferred from other My Time Rentals locations to accommodate a customer’s order, but My Time Rentals will refund delivery fees and costs of items that were available in stock at the time of confirmation.
- USE/MAINTENANCE/SERVICE – The Equipment shall be operated or used in accordance with the Rental Agreement – Waiver and Release of Liability and in a careful, proper, and reasonable manner at all times. Customer shall not disassemble, modify, alter, attempt to repair, or change the Equipment in any manner. My Time Rentals agrees that it shall maintain, repair, or replace any of the equipment that fails to operate properly through no fault of Customer. Customer shall notify My Time Rentals immediately of any problems with Equipment and request instructions before taking any remedial action or returning it to My Time Rentals. My Time Rentals will consider credits for operating problems with Equipment if the problems are promptly reported to and documented by My Time Rentals’ staff. In the event that My Time Rentals, in its sole discretion, determines that the need for maintenance or repair is caused by damage to the Equipment as a result of Customer’s misuse, improper use, inaction, or failure to report to My Time Rentals, Customer shall pay My Time Rentals for any repair or replacement parts incurred as a result. These repair and replacement parts will include hourly service charges for repair, including any minimum fee for the repair, as well as any lost rental revenue if applicable.
- PROMPT REPORTING – If Customer is aware of any problems, issues, concerns, accidents with any Equipment or notices any vandalism or other damage to the Equipment, Customer is required to report this to My Time Rentals immediately upon noticing. If applicable for accidents or criminal acts, Customer is required to contact the police upon discovery of such accident or criminal act.
- PAYMENT – PAYMENT IS DUE IN ADVANCE – All Payments will be processed by My Time Rentals. Payments are due in full prior to the start of the rental period. My Time Rentals treats orders without payment as unconfirmed and not reserved. Equipment availability is only guaranteed for confirmed and paid orders. Customer agrees to pay My Time Rentals the rental payments as specified in this Agreement and to pay all applicable federal, state, or local taxes in connection with the rental or use of the Equipment. A credit card is required to remain on file through the rental and will be charged for any additions, changes, damages, etc. My Time Rentals does not offer open accounts, payment plans, or financing. Changes, upgrades, additions and rental extensions are not offered free of charge, and Customer understands and acknowledges that changes, upgrades, additions and rental extensions will result in additional rental fees. The credit card on file will be processed for all additional fees associated with the rental, including but not limited to upgrades, additions, rental extensions, cleaning fees (if assessed), damages and failure to return rented items. In the event payment is not received by My Time Rentals, the order will be cancelled as equipment is rented to other customers or 24-hours prior to the delivery date, whichever comes first. Additional fees, if not paid within 24-hours will be considered theft of services and subject to legal action in addition to terminating any services with My Time Rentals. Reversal of payment following a rental will be considered theft of services and reported accordingly.
- CREDIT CARD PAYMENT – My Time Rentals accepts payment via the following methods over the phone: Visa, MasterCard, Discover, American Express. Please have your card number, expiration, CVV, and Billing Zip Code available. Customer will be charged for the rental of Equipment for the rental period stated in the Agreement. Your signature on the Agreement and/or Delivery Ticket is verification that the credit card provided is valid and you are authorized to use this credit card. The same credit card will be charged for the cost of any equipment lost, stolen, or damaged. If the rental contract is extended beyond the terms stated, all extensions will also be charged on the credit card provided with this Agreement. If changes are made to a Quote/Invoice/Order that increases the original total, customer agrees to pay all additional fees associated with changes.
- CREDIT CARD ON HOLD – Customer agrees and provides Customer’s credit card to My Time Rentals to hold for security and understands that the credit card will be held on file through the rental period. Customer will be charged for the rental with the credit card on hold if payment is not made by the terms set upon within the Agreement. Customer understands and agrees that Customer will be charged on this credit card unless otherwise agreed upon in writing for the cost of any Equipment lost, stolen, or damaged.
- LOCATION – Customer agrees not to remove the Equipment from the Drop-Off/Rental Location or others site where the equipment is located prior to the time at which the rental period is to begin and without My Time Rentals’ express, written consent.
- RIGHT TO INSPECT – My Time Rentals shall have the right to inspect the Equipment upon request at any time during normal business hours.
- ACCESSORIES – All non-disposable accessories, including but not limited to devices, chargers, boxes, fiber cases, canvas bags, corrugated boxes, manuals, power cords, and any other accessories provided with the Equipment and shall be returned to My Time Rentals with the Equipment. Failure to return such accessories shall result in additional charges equal to the replacement cost of any accessories not returned by Customer.
- WARRANTY / DISCLAIMER – Customer acknowledges and agrees that My Time Rentals is neither the manufacturer nor an agent of the manufacturer of any of the equipment. My Time Rentals makes no warranties, express or implied, of any kind with respect to the equipment, including but not limited to, any warranty of merchantability of the equipment, its fitness for a particular purpose, its design or condition, or its quality, capacity, or workmanship. Customer rents the equipment as-is. Customer agrees that My Time Rentals shall not be liable for, and Customer releases My Time Rentals from, damages from any cause whatsoever relating to the Equipment, its malfunction, inoperability, or the operation of the equipment. My Time Rentals expressly disclaims, and Customer agrees, any liability for incidental or consequential damages. Customer agrees to look solely to the manufacturer of the equipment for any claim arising from any defect, breach of warranty, or any inability to use the equipment for any reason. Nothing in this Paragraph, however, shall preclude Customer from pursuing the remedies set forth below in Paragraph 26 for Equipment Customer believes to be in an unsuitable or unacceptable condition.
- INDEMNIFICATION – Customer hereby indemnifies and agrees to defend and hold harmless My Time Rentals, and any of its members, employees, agents, sponsors, advertisers, or any other person or entity affiliated with My Time Rentals from and against any and all loss, liability and expenses, for property damage or personal injury, including death, arising out of or in connection with the use or operation of any rented Equipment. This clause specifically includes attorney’s fees and expenses.
- LEGAL FEES, EXPENSES, ETC. – In the event My Time Rentals is compelled to take legal action against Customer to enforce any of the terms of this Agreement and recover any losses caused by or related to Customer’s rental of the Equipment, Customer agrees that Customer will be responsible for all legal expenses incurred by My Time Rentals as a result thereof. Customer understands that these legal expenses will be added to any totals owed for damages being recovered by said legal action.
- OBJECTIONS – If Customer objects to the suitability of any Equipment or its acceptability for any purpose under this Agreement, Customer shall notify My Time Rentals immediately by phone of Customer’s specific objections upon receipt of the Equipment and allow My Time Rentals the opportunity to provide a suitable replacement. Customer will either (a) be offered a replacement if available, or (b) My Time Rentals will pick up the item and offer a refund equal to the equipment rental and applicable tax. If a customer chooses to retain possession of the Equipment for the Rental period then no refund will be provided. Any objections raised by Customer after the conclusion of the rental period are not subject to refund.
- IMPORTANT NOTES:
- My Time Rentals sells out of popular items during Holidays and special events. My Time Rentals encourages booking early to reserve equipment during these times and makes no guarantee that Equipment will be available.
- Equipment is rented on a first-come, first-served basis. Orders are NOT reserved until My Time Rentals has received approval and payment information.
- My Time Rentals does not provide specialty designer brands, “professional”, or “institutional” equipment. Customer is encouraged to check with local bicycle shops for professional jogging strollers and similar items.
- My Time Rentals does not guarantee specific makes, models, colors or styles.
- Refunds are not provided for any item due to the child’s inability to sleep, eat, or lack of interest.
- My Time Rentals reserves the right to refuse service at its sole discretion.
- DEFAULT – In the event that Customer fails to comply with any of the provisions of the Rental Agreement – Waiver and Release of Liability or these Terms and Conditions, including but not limited to failing to make timely payments or misuse of the Equipment, then (a) customer shall be deemed to be in default hereunder, and My Time Rentals at its option may declare this Agreement be terminated; (b) My Time Rentals or its agents may repossess and remove the equipment, and (c) My Time Rentals may pursue any other remedy it may have against Customer.
- LIQUIDATED DAMAGES – If Customer removes any Equipment from the installation location, Customer hereby agrees to pay the full amount of the retail value of such Equipment.
- PAYMENT ISSUES – In addition to the provisions described above, Customer hereby agrees to pay (a) all bank and other charges resulting from a check of Customer being returned for insufficient or uncollectible funds; (b) all of My Time Rentals costs of collection from Customer, (c) a late charge of 1.67% per month of any delinquent amount; and (d) any difference between the actual rental provided herein for the term of the Agreement and the rental that would have been charged by My Time Rentals had the rental payments been calculated on the basis of a term that commenced on the date of this Agreement and ended on the date of the Customer’s default.
Payment Processor
Payment service is provided by Checkfront Payments
- GENERAL –My Time Rentals shall not be responsible for failure to fulfill its obligations under this Agreement due to causes or circumstances beyond its control, including but not limited to severe weather. In the event of any liability for My Time Rentals, such liability shall be limited solely to the rental charges of the Equipment. Customer further agrees that it may not and shall not offset against sums due to My Time Rentals for any existing or future claims that Customer may assert against My Time Rentals.
- COMPLETE AGREEMENT – These Terms and Conditions as well as the Rental Agreement – Waiver and Release of Liability constitute the entire Agreement and understanding between the parties. These Agreements may not be altered, modified, or amended except as in writing and signed by Customer and an authorized official of My Time Rentals.
- GOVERNING LAW AND CHOICE OF VENUE/JURISDICTION – These Terms and Conditions as well as the Rental Agreement – Waiver and Release of Liability shall be governed by and construed under the laws of North Carolina. In the event there is a lawsuit, Customer and My Time Rentals both explicitly agree that they submit to the jurisdiction of the courts of Onslow County, North Carolina and any litigation will be filed in said jurisdiction.
- SHIPPING AND DELIVERY – My Time Rentals only offers delivery to Topsail Island and surrounding townships. Items are not available for delivery to areas outside our services location. Upon delivery, the risk of damage and loss for all merchandise ordered from My Time Rentals passes to Customer. Items returned damaged or in un-rentable condition and items not returned will be billed at full replacement value in addition to all rent, delivery fees, and taxes incurred.
- SALES TAX – My Time Rentals charges North Carolina sales and use tax. Non-profit and tax exempt parties must provide via emailed a signed copy of a tax exempt certificate.
- COUPONS – In the event of a discount or coupon code – only one (1) discount is permitted per order. You may not use a tax exempt code and another discount code in the same order.
- STORE HOURS – Business office hours are 9 am to 5 pm (EST) Monday through Friday during the off season and 8 am to 5 pm (EST) Monday through Sunday during the peak rental season – normally Memorial Day to Labor Day. My Time Rentals’ telephone and email are monitored outside of business hours during peak rental season.
- MISCELLANEOUS – Although the information on this website is accessible worldwide, not all products or services discussed on this website are available to all persons or in all geographic locations or jurisdictions. My Time Rentals reserves the right to limit the provision of its services to any person, geographic area, or jurisdiction that it so desires and to limit the quantities of any products or services that it provides.
- PRIOR COMMUNICATIONS – These Terms and Conditions and the Rental Agreement – Waiver and Release of Liability supersede all prior or contemporaneous communications and proposals between Customer and My Time Rentals.
- CONSTRUCTION OF THE AGREEMENT – In the event any provision of the Terms and Conditions or the Rental Agreement – Waiver and Release of Liability is found to be contrary to law, then such provision(s) shall be construed in a manner to closely reflect, to the maximum extent possible, the intention of My Time Rentals and Customer, with the other provisions remaining in full force and effect.
- COPYRIGHT – All content appearing on the My Time Rentals website is the property of My Time Rentals, PO BOX 405 Holly Ridge NC 28445 Copyright © 2006-2023. All rights served. As a user, you are authorized only to view, copy, print, and distribute documents on this website so long as (1) the document is used for informational purposes only and (2) any copy of the document or portion thereof includes the following copyright notice: Copyright © 2006-2023 My Time Rentals. All Rights reserved.
- TRADEMARK – All brand, product, service, and process names on this website are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by My Time Rentals. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark or other intellectual property right of My Time Rentals or any third party, except as expressly granted herein.
I HAVE CAREFULLY READ the above terms and conditions set forth in pages 1 through 8 above. I understand that I am giving up substantial rights by signing this document and I agree to be bound by these terms and condition. I am accepting this responsibility on behalf of myself, my child, and anyone else I let use the equipment. I further state that I am of sound mind and voluntarily sign this waiver.