These are REViVE MY POWER’s terms and conditions. To agree to them is a condition “sine quo non” in order to proceed with any rental from our company, so be sure the read them thoroughly. If you have any questions, don`t hesitate to contact us.
REViVE MY POWER (REViVE MY POWER LLC) and Customer (the Customer) hereby agree to the following terms and conditions with respect to the provision by REViVE MY POWER LLC to Customer of the power pack and cables (the Equipment) and related services (the Services) which are described in the service agreement attached hereto and incorporated herein by reference.
1.1 If the Customer is an entity other than an individual, then the person signing the Agreement represents and warrants that he/she has been properly authorized and empowered to enter into the Agreement on behalf of such entity.
2. DELIVERY OF EQUIPMENT
2.1 REViVE MY POWER will deliver the Equipment at its own risk to the Customer at the venue designated by the Customer.
2.2 REViVE MY POWER will use reasonable efforts to deliver the Equipment by the requested Delivery Time but it shall not incur any liability in the event of any delay caused by force majeure or other circumstances beyond its control.
2.3 The Customer will accept the Equipment when delivered on or before the Delivery Time and if for any reason the Customer fails to accept the Equipment when delivered on or before such date the Customer shall nevertheless be liable for the stated Service Charge and any applicable cancellation charge.
3.1 The Customer will pay the Service Charge from the Delivery Time until all of the Equipment specified in the Rental Agreement is returned to, accepted by a service representative of REViVE MY POWER. Service charges apply to full days and fractions thereof.
4. USE OF EQUIPMENT
4.1 Upon delivery to the Customer REViVE MY POWER will provide an instruct the Customer on the use of the Equipment.
4.2 The Customer will use the Equipment in a careful and proper manner and in accordance with the instructions and in no other manner.
4.3 The Customer agrees that he/she will not:
4.3.1 effect any repairs or modifications to the Equipment;
4.3.2 remove or interfere with any certification markers affixed to the Equipment;
4.3.3 deface or add to the Equipment;
4.3.4 sublet or allow the use of the Equipment by any third party; or
4.3.5 attempt to dispose of the Equipment or to grant any interest in the Equipment to any third party.
4.4 In the event of any loss, damage, theft or disappearance of the Equipment while on rental, regardless of circumstances, the Customer shall pay to REViVE MY POWER on demand, an amount equivalent to the value of the Equipment in accordance with REViVE MY POWER then-current listed Equipment sales prices.
5.1 If the Equipment is not in working order when received by the Customer or subsequently malfunctions then the Customer will notify REViVE MY POWER. immediately.
5.2 REViVE MY POWER will repair or replace the Equipment as soon as possible after it has been notified of the problem by the Customer and, provided the Customer is not in breach of the Service Agreement, REViVE MY POWER LLC will provide the Customer with the same or similar equipment (which shall constitute Equipment for purposes of this Agreement) as soon as possible for a period equivalent to the part of the service period unexpired when the malfunction occurred.
6.1 REViVE MY POWER LLC, warrants that the Equipment will be in working order when it is delivered to the Customer.
6.2 REViVE MY POWER INC. MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE REViVE MY POWER SERVICES FURNISHED UNDER THIS AGREEMENT.
Subject to Section 8 the Customer shall be solely responsible for and shall indemnify and hold harmless REViVE MY POWER LLC against all claims, demands and liability arising as a result of lease, possession use, condition, operation or misuse of the Equipment provided hereunder whether in breach of Section 5 or otherwise arising howsoever.
REViVE MY POWER LLC, WILL IN NO EVENT BE RESPONSIBLE NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST REViVE MY POWER FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL OR DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.
6.3 The Customer shall be liable to REViVE MY POWER, LLC for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce REViVE MY POWER rights under this Agreement.
7.1 The Equipment, including the power bank and all accessories will at all times remain the property of PREViVEMYPOWER, LLC. The Customer acquires no rights other than temporary use. During the Service Period no service or part replacements are authorized without written approval from REViVEMYPOWER, LLC. The Customer agrees that he/she has examined the Equipment and that the Equipment is in good working order at the time of receipt.
8.1 Unless otherwise agreed with REViVEMYPOWER, LLC. the Customer shall return the Equipment in person to REViVEMYPOWER, LLC. at the designated return address at the end of the Service Period in good working order and in the same condition as when it was delivered to the Customer. Should the Customer return the Equipment using means other than those specified in the instructions provided by REViVE MY POWER, LLC.. at the start of the service, service and other charges will continue, and the Customer will remain liable for any damage to the Equipment while the Equipment is in transit. Packages returned with any components or pieces missing from the Equipment will be deemed missing and the Customer will be charged in an amount equal to the Equipment value
8.2 Should the Customer (a) obtain use of the Equipment by any misrepresentation or fraudulent means, or (b) tamper with the Equipment, or © use the Equipment for any illegal or improper purpose, or in violation of applicable laws, or (d) otherwise commit a breach of these terms and conditions then REViVE MY POWER, LLC. may, at its option and in addition to other remedies available hereunder at law or in equity, (i) terminate this Agreement, (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the Equipment without being obliged to repay any portion of the Service Charges. REViVE MY POWER, LLC. may also terminate this Agreement without any liability whatsoever to the Customer in the event that service is not available to REViVEMYPOWER, LLC. by a venue operator. No remedy of REViVE MY POWER, LLC. shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
9. APPLICABLE LAW
9.1 This Agreement shall be governed by the laws of the State of California. In addition, this Agreement is subject to applicable foreign, federal and state laws and tariffs.
10.1 The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
10.2 No waiver by REViVE MY POWER, LLC. of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
10.3 This Agreement cannot be assigned or transferred by the Customer, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by REViVE MY POWER, LLC. or its authorized agent. This Agreement constitutes the entire agreement between REViVE MY POWER, LLC. and the Customer; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment or the Services, other than as set forth herein.