Rental Agreement
EQUIPMENT LEASE AGREEMENT
This Equipment Lease Agreement ("Lease") is made effective by clicking the “I agree, submit order” or similar button, between Outdoor Gear Company, LLC (DBA, Near Zero ("Lessor"), located at 1045 E. McKellips Rd. Bldg B, Mesa, AZ 85203, and the user ("Lessee"). By clicking the "I agree" button, Lessee agrees to the terms of this Lease, whether or not they have read them. Lessor may modify these terms at any time, and by clicking "I agree," Lessee accepts the updated terms.
1. Disclaimer
Lessor makes efforts to ensure accurate descriptions and prices but reserves the right to correct any errors. All prices and availability are subject to change without notice.
2. Lease
Lessor leases the equipment ("Equipment") listed in the "Cart" during checkout and on the itemized Invoice in the "Product" column to Lessee, and Lessee agrees to lease it from Lessor.
3. Shipping
Lessee agrees to pay both outgoing and return shipping charges at the time of the initial transaction unless otherwise agreed. Any deviation from Lessor's shipping arrangements may result in late fees. Lessor does not guarantee delivery times and cannot be held liable for shipping delays, lost, or damaged shipments. If the Equipment is delayed or lost during shipping, Lessor will refund the rental days the equipment was unavailable. Lessee must inspect the delivery and report any issues within 24 hours via email to support@nearzero.co.
All shipments require a signature and cannot be left at the Lessee's address without one. Lessor recommends shipping to a workplace or setting up a delivery method where a signature can be obtained.
4. Term
The Lease begins when the shipper attempts delivery or on the first rental day, whichever is later, and ends on the last rental day specified in the order receipt. The Equipment must be returned by the end of the term to avoid penalties.
5. Rent
Rent and shipping fees must be paid in full at the time of the order.
6. Late Returns
Late returns incur a maximum daily penalty of 25% of the 3-day rental rate. If the equipment is not returned within 7 days of the due date, Lessee will be charged the full replacement cost of the Equipment. Failure to pay penalties or replacement costs within 7 days will result in Default, and Lessor may pursue civil and criminal remedies.
7. Use
Lessee agrees to use the Equipment responsibly and in compliance with all laws, including public lands, fish, and wildlife regulations. The Equipment may not be transferred to others.
8. Cancellation by Lessor
Lessor may cancel any order at any time before delivery.
9. Cancellation or Modification by Lessee
Lessee may cancel the order before the Equipment is transferred to the shipper. For changes, Lessee must contact customer service at support@nearzero.co or (480) 788-8331. Cancellation penalties may apply.
10. Ownership
The Equipment remains the property of Lessor at all times. Lessee has no ownership rights.
11. Damaged or Modified Equipment
Lessee is responsible for keeping the Equipment in good condition and may not alter it. Lessee will bear the cost of repairs if the Equipment is damaged or modified, except in cases of shipping damage, which must be reported within 24 hours.
If the Equipment is damaged, Lessor will decide on the repair method and venue. Lessee is responsible for repair costs, either in-house or at a third-party facility. Lessee may also incur a cleaning fee if the Equipment requires extensive cleaning upon return.
12. Loss of Equipment
Lessee assumes the risk of loss of the Equipment during the Lease term. If the Equipment is lost or stolen, Lessee is responsible for its replacement cost. If the Equipment is not returned within 7 days after the term ends, Lessee will be charged the replacement cost.
If a dispute arises over the return of the Equipment, tracking information and receipts will be used to determine if the Equipment was returned. If the Lessee uses an unauthorized shipping method, they will be responsible for the loss.
