By clicking the “I Accept” button, you, the Owner (as defined below) agree and acknowledge that Owner has read, understands, accepts full responsibility for and is bound by the terms and conditions contained in this Agreement (as defined below).
1. DEFINITIONS. “Account Settings” means the Owner’s electronic account as established by the Owner on www.ished.com. “Agreement” means this Equipment Use Agreement and the Account Settings. “The Shedd” means The Shedd, LLC. “Equipment” means the items owned by Owner which are identified in the Account Settings as being delivered by Owner for rental by The Shedd. “Owner” means the person or entity identified in the Account Settings. “Facility” means The Shedd’s warehouse located at 2362 Greystone Court, Rockville, VA 23146. “Use Period” means the period described in Section 2 herein.
2. USE PERIOD. Use Period means the period beginning when the Owner delivers the Equipment to the Facility and ending when the Owner picks-up the Equipment at the Facility. In its sole discretion, The Shedd may elect not to rent, or to discontinue renting, the Equipment, and in such event, The Shedd will provide notice to the Owner, and The Shedd will delivery the equipment back to the Owner’s address in the Owner’s profile. In the event the Owner wishes to end the Use Period, the Owner shall provide notice to The Shedd, and The Shedd will make the Equipment available for pick-up by the Owner at the Facility at any time during The Shedd’s regular business hours, provided the Equipment is not being rented, upon no less than one (1) business day’s prior notice from the Owner. If the Owner prefers, The Shedd will deliver the equipment back to the owner to the address in the Owner’s profile.
3. USE OF THE EQUIPMENT AND RISK OF LOSS. Owner agrees that The Shedd can possess, store and rent the Equipment during the Use Period, in its sole discretion, and for rental charges as determined by The Shedd, in its sole discretion. Owner shall retain title to, and ownership in, the Equipment. During the Use Period, The Shedd assumes all risk of loss, damage, theft or destruction to the Equipment (hereinafter a “Loss”). Upon the occurrence of a Loss, The Shedd, at its option, shall either (a) place the Equipment in good repair, condition and working order; (b) replace the same with like Equipment in good repair, condition and working order, or (c) pay Owner an amount equal to (i) the replacement value of the Equipment less (ii) the net amount of the recovery, if any, actually received by Owner from insurance or otherwise for such Loss. After compliance with the foregoing, The Shedd shall be subrogated to Owner’s rights with respect to any insurance policies or claims for reimbursement by others with respect to such Loss. Owner shall be liable for all taxes assessed against the Equipment while in the possession of The Shedd.
4. FURTHER ASSURANCES. Owner agrees from time to time to execute such additional documents and to perform such further acts as may be reasonably requested by The Shedd in order to carry out and effectuate the purposes and intents of this Agreement.
5. AUTHORITY TO SIGN. Any individual agreeing to this Agreement represents and warrants that he or she is of legal age, competent and has the authority and power to sign this Agreement on behalf of Owner.
6. INSURANCE. The Shedd will, at its own expense, insure the Equipment during the Use Period against such risks as are customary in the trade or business of The Shedd, including but not limited to fire, theft and damage. The Shedd will during the Use Period, at its own expense, maintain commercial general liability insurance with limits of no less than one million dollars ($1,000,000.00) per occurrence. The Shedd shall furnish certificates, policies or endorsements to Owner as proof of such insurance prior to delivery of the Equipment to The Shedd.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE SHEDD BE LIABLE TO THE OWNER UNDER THIS BAILMENT AGREEMENT FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, WARRANTY, TORT, LOST PROFITS OR SAVINGS, LOSS OF INCOME, LOSS OF PRODUCTION, PUNITIVE DAMAGES, INJURY TO REPUTATION, LOSS OF CUSTOMERS OR BUSINESS, OR OTHERWISE, AND WHETHER OR NOT OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OWNER ACKNOWLEDGES AND AGREES THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE A CONDITION AND MATERIAL CONSIDERATION FOR THE SHEDD’S ENTRY INTO THIS BAILMENT AGREEMENT.
8. THE SHEDD'S OBLIGATIONS. The Shedd will keep detailed, accurate, and up-to-date records concerning the rental of the Equipment. The Shedd shall maintain the Equipment and replace any items which are lost or destroyed or that become worn out. All repaired or replaced Equipment shall be the property of Owner. The Shedd will properly house and maintain the Equipment at the Facility.
9. PAYMENT Owner shall be entitled to 30 percent (30%) of all rental charges received by The Shedd for the rental of the Equipment. Any amounts due to Owner hereunder shall be remitted to Owner electronically via The Shedd’s payment processing company once the transaction has been cleared.
10. TITLE / NO PURCHASE OPTION / NO LIENS. This Agreement is not a contract of sale, and title to the Equipment shall at all times remain with Owner. The Shedd has no option or right to purchase the Equipment.
11. ENTIRE AGREEMENT / ONLY AGREEMENT. The Agreement, including the Account Settings, represents the entire agreement between Owner and The Shedd with respect to the Equipment and the rental of the Equipment. There are no oral or other representations or agreements not included herein. None of The Shedd’s rights or Owner’s rights may be changed and no extension of the terms of this Agreement may be made except in writing, signed by both The Shedd and Owner. The headings used herein are for convenience and reference only and do not limit the contents of this Agreement. The headings do not interpret, modify, or in any way limit the meaning of this Agreement.
12. JURY WAIVER. The federal and state courts in the county in which the Facility is located shall have exclusive jurisdiction over all matters relating to this Agreement. TRIAL BY JURY IS WAIVED. The Shedd shall be entitled to decrees of specific performance (without posting bond or other security) in addition to such other remedies as may be available.
13. OTHER PROVISIONS.
A. Owner has carefully reviewed this Agreement and waives any principle of law which would construe any provision hereof against The Shedd as the drafter of this Agreement. Any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement.
B. Owner consents to the collection, use, and disclosure of his or her personal identification as described herein. Owner’s personal identification is provided voluntarily and not as part of a credit card transaction. Personal identification information includes, for example, Owner’s name, billing address, zip code, telephone number, date of birth and email address. Owner’s personal identification information may be disclosed to contractors, service providers, and other third-parties that support The Shedd’s business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
C. Any term or provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement in any other jurisdiction. If any provision of this Agreement is so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. Any determination that the application of any provision of this Agreement to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to any other persons or circumstances.
D. Any provisions of this Agreement creating obligations that by their terms extend beyond the term of this Agreement will survive the expiration or termination of this Agreement, regardless of the reason for the termination.
E. This Agreement and the relationship of the parties hereunder will be governed by and interpreted in accordance with the laws of the state in which the Facility is located, without regard to that state’s rules of conflicts of laws.
F. All payments, costs, expenses, charges and/or assessments that are due under or are to be made in accordance with this Agreement shall be in U.S. dollars.
G. The Shedd will not be liable in any manner for any delay or failure to perform its obligations hereunder that are beyond its reasonable control, including without limitation, any delay or failure due to strike, labor disputes, riots, earthquakes, storms, floods, or other extreme weather conditions, fires, explosion, acts of God, embargoes, war other outbreak of hostilities, terrorist activities, government acts or regulations, or the failure or inability of carriers, suppliers, delivery services, or telecommunications providers to provide services necessary to enable The Shedd to perform its obligations hereunder.