DESCRIPTION OF EQUIPMENT: 

The property ("Property") subject to this Agreement shall consist solely of the specific equipment Items listed at the bottom of this Rental Agreement and provided by PakUP to customer ("Customer") at the time of delivery, 

Upon delivery of the Property to the Customer's home or place, the Customer is responsible for verifying that the order is complete and accurate. Any discrepancies, shortages, or damages must be reported to PakUP immediately and prior to acceptance of delivery. 

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TERM OF RENTAL: 

The rental term shall commence on the scheduled delivery date. The PakUP shall deliver the Property to the Customer’s house or place and shall retrieve the Property at the conclusion of the rental period. Notwithstanding the rental period stated in the Equipment Delivery Receipt, PakUP reserves the right to terminate this agreement at any time upon notice to the customer if PakUP determines that the Property is being misused, that the terms of this agreement are not being complied with, or Customer has otherwise breached this agreement.

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DELIVERY: 

The Customer acknowledges and agrees that they are solely responsible for placing the boxes and supplies at the selected location within the time window chosen by the Customer. The Customer authorizes the delivery personnel to leave the packages in a designated safe location without obtaining a signature. This shall constitute a non-contact delivery. Upon completion of the delivery, the order status will be updated to “Delivered.”  PakUP shall be responsible for delivering all ordered items to the Customer’s residence or business address on the scheduled delivery date.

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RETURN: 

The Customer shall place all rented items in a designated safe location at the service address for return.The Customer hereby authorizes PakUP to retrieve the rented items from the location designated by the Customer.The rented items shall be deemed “returned” to PakUP only upon pickup by PakUP in good working condition. Any equipment that is damaged or destroyed while in the possession or control of the Customer or the Customer’s agent shall not be deemed “returned” until PakUP has received payment of the full replacement value from the Customer, including any unpaid and/or continuing rental charges. Likewise, any equipment that is lost, stolen, or seized by any governmental authority while in the possession or control of the Customer or the Customer’s agent (including, without limitation, drayage providers, storage facilities, and/or hotel concierge desks) shall not be deemed “returned” until either (i) PakUP has received payment of the full replacement value from the Customer or the Customer’s insurer, including any continuing rental charges, or (ii) such equipment has been released by the applicable governmental authority or third party and is in the physical possession of PakUP in an undamaged condition.

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RATES AND CHARGES: 

The rent payable for any item of Property shall be listed at the bottom of this agreement. Rent must be paid prior to the delivery of property to customer's home or business. PakUP will assess an extra delivery charge of $50 for additional deliveries. If customer is not ready on scheduled pickup date and time, Customer will pay a rental charge another 1 week.

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CANCELLATIONS: 

The customer canceled order will incur fee.

72 + hours before delivery : Free

48 – 72 hours before delivery : 25 % cancellation fee

24 – 48 hours before delivery : 50 % cancellation fee

Same day  : 100 % cancellation fee

After delivery : All orders are final and non-refundable

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DAMAGE: 

The customer acknowledges and agrees that upon delivery of the property, the customer has inspected the property and confirmed that it is in good working condition. The customer shall assume full responsibility and liability for the actual replacement cost of any property that is lost, stolen, or damaged for any reason whatsoever (other than ordinary wear and tear) during the period beginning at delivery to the customer and ending upon return of the property to PakUP.

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REPLACEMENT VALUE:  

PakUP and Customer agree that the current per-unit replacement values for PakUP rental items are as follows: 

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Small plastic moving box $30

large plastic moving box $40

four-wheel dolly $60

Furniture Tube  $100

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USE OF PROPERTY: 

The Customer acknowledges and agrees that the use of the property involves inherent risks,including the risk of personal injury to the customer and third parties, as well as damage to property. The customer expressly assumes all such risk.

 

The customer agrees to use the property solely in a safe, careful, and lawful manner and only for its intended purpose.

 

PakUP shall not be responsible or liable for any personal injury, death, or property damage arising from or related to the customer’s misuse, unsafe use, or reckless use of the property.The Customer agrees to indemnify, defend, and hold harmless PakUP, its officers, employees, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to the customer’s misused, unsafe use, or reckless use of the property.

The Customer shall not make any alterations, modifications, or improvements to the property without PakUP’s prior written consent.

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INDEMNIFICATION: 

The Customer agrees to indemnify, defend, and hold harmless PakUP, its officers, employees, agents, and representatives from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses, include reasonable attorneys fees, arising out of or related to the customers possession, use, operation, or control of the property during the period commencing upon delivery of the property to the customer and continuing until the property is returned to PakUP.

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TITLE AND OWNERSHIP: 

This Agreement constitutes a lease of the property and does not constitute a sale of the property or the creation of any security interest therein. No rental payments made under this agreement shall be deemed or applied toward the purchase of the property. Title to, and ownership of, the property shall remain vested exclusively in PakUP at all times.The Customer acknowledges PakUP 's sole ownership of the Property and agrees to keep the Property free and clear of all liens, claims, levies, and encumbrances. This Agreement is personal to the customer. The Customer shall not assign this agreement, transfer any rights hereunder, or sublease or otherwise permit the use of the property by any third party without PakUP’s prior written consent.

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GOVERNING LAW AND JURISDICTION : 

This Rental Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict-of-laws principles.The parties hereby irrevocably submit to the exclusive jurisdiction of the State and federal courts located within the State of California for any dispute, claim, or proceeding arising out of or relating to this agreement. In any action or proceeding arising out of or relating to this agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and litigation costs.

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MISCELLANEOUS: 

This Agreement may be amended or modified only by a written instrument signed by both the Customer and 

an authorized representative of PakUP. All obligations of the Customer under this Agreement shall survive the expiration or termination of the rental term. The individual executing this Agreement on behalf of the Customer represents and warrants that he or she has full authority to enter into this Agreement and to bind the Customer to its terms. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect. The Customer represents and warrants that all information provided in connection with this Agreement is true, accurate, and complete to the best of the Customer’s knowledge. By executing this Rental Agreement and accepting delivery of the Property from PakUP, the Customer agrees to be bound by all terms and conditions of this Agreement, as may be amended from time to time. The signatory below further represents and warrants that he or she is an authorized agent of the Customer or is otherwise duly authorized to bind the Customer to this Agreement. This Agreement may not be modified without a writing signed by both the Customer and an authorized representative of 

PakUP. All obligations of the Customer hereunder shall survive expiration of the rental term set forth on this Agreement. The person signing this Agreement on behalf of the Customer warrants that such individual has been duly authorized to execute this Agreement and to bind the Customer to its terms. In the event any provision of this Agreement is held to be unenforceable, such provision shall be severed from this Agreement and the remainder shall be deemed fully enforceable. The Customer hereby represents to the best of its knowledge, that all information provided is true and correct. By signing this Rental Agreement and accepting delivery of equipment from PakUP, the Customer agrees to be bound by all of the Rental Terms and Conditions in elect from time to time, as set forth in this document. Further, by signing below, the signatory hereby represents that they are an authorized agent of the Customer or are otherwise authorized to bind the Customer to this Agreement

 

PakUP.net

(669) 322-9686
​info@pakup.net