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2.2. Credit Card Rentals (for less than 30 days). At the
time your order is placed and confirmed, a deposit of $300 will be pre-authorized
against your credit card and the total rent and shipping costs will be
charged to your card. If the rental equipment is returned to us on time
and in good condition (See here for Rental Terms), the pre-authorization
will be released and the $300 deposit will not appear as a charge on your
credit card statement nor accure interest charges - only the total rent
and shipping cost reflected on checkout (and any late charges and additional
fees incurred) will be posted as a charge to your card. If the rental
equipment is not returned to us on time and in good condition, additional
fees will be posted to your account in the amount of any fees for additional
rental days, damage to rental equipment, losses and/or other applicable
fees, which may include a charge for part or all of your deposit.
2.3. Paypal Express Checkout. For rentals longer
than 30 days or for payments made via Paypal Express Checkout, the deposit
amount will be fully charged to your account and refunded to you upon
the return of rental equipment in good condition, less the amount of any
unpaid fees for additional rental days, damage to rental equipment, losses
and/or other applicable fees.
2.4. All charges billed pursuant to this Agreement
are payable by you. Charges on invoices will appear in US dollars and
are subject to applicable sales taxes of the relevant State.
2.5. An invoice showing
total charges will be mailed to the e-mail address documented on the Rental
Agreement within 10 business days after receipt of the returned Equipment.
3. Term
3.1. The term of the Agreement
is from the Start Date as stated on the Rental Agreement until the day
all of the Equipment is received by GPSPlanet or reported as lost or stolen
pursuant to this Agreement.
3.2. You may terminate a rental at any time by returning
the Equipment to us but will be responsible for all applicable rental
charges. Termination will take effect upon receipt of all of the returned
Equipment.
4. Services
4.1. Your Equipment should be
active and ready for use when you receive it. Once you receive the Equipment,
you agree to inspect the Equipment and its accessories to ensure that
they are in good working order and wholly free from damage at the time
of receipt. If you do not notify us immediately upon receipt of the Equipment
of any damage or defects, you agree that they are in good working order
and wholly free from damage at the time of receipt.
4.2. We aim to provide you with our services at
all times. However due to the nature of satellite navigation, it is impossible
to provide a fault free service. The quality and coverage of the Services
is dependent on various factors and may also be impaired by geographic,
atmospheric, and other conditions or circumstances beyond our control.
No responsibility will be accepted or credit given by us for network transmissions,
reception conditions experienced during the rental period.
4.3. We aim to provide you with customer service
assistance during work hours (Mon-Fri, 10:00am - 5:00pm). We will always
try to be fair and reasonable whenever you have the need for customer
service support. We will also act as soon as possible to provide that
support.
5. Shipping and Returning the Equipment
5.1. Shipping is from our facility
in New York, NY to your designated point of delivery in the USA, and the
return to our facility from that area. We prepay the to/from shipping,
and the cost is reflected in the transaction amount that will be charged
to your credit card. You should obtain a receipt from the shipping facility
reflecting the date of shipment, as well as insurance to cover the Equipment
in transit back to us.
5.2. Valid evidence of return is required as proof
of return. Inability to provide this documentation will result in the
full replacement cost of the Equipment being charged to your credit card.
Returns must be via Federal Express or other insured overnight carrier,
with $500 of insurance, in the return package provided with the rental
unit.
5.3. A signature is required for delivery or pickup
of the Equipment. Any refused or returned deliveries will be processed
as a completed rental transaction, with the full rental fees assessed
to the renter.
5.4. Every effort is made to deliver the Equipment
not later than the day your requested Start Date. If your order is timely
placed and accepted at least 72 hours prior to our required date, we guarantee
delivery of the Equipment by noon of your Start Date.
5.5. At certain times, inventory
may not be available for your desired Start Date. You will be contacted
if your Order cannot be accepted due to prior inventory commitments or
other reasons. Alternative products or dates or can be discussed with
you at that time.
6. Cancellations
If you cancel your order in writing more than 5 Days
ahead of the scheduled Start Date, no fees will be charged. If less than
5 Days, but prior to the day of Start date, a US$25.00 processing fee
will be charged to your card.
7. Lost/Stolen/Damaged Equipment
7.1. In the event your rental unit is lost, stolen
or damaged you will be charged US$300.00 plus applicable taxes and shipping
charges for the replacement cost of the rental unit, plus the replacement
cost for any lost, stolen or damaged accessories as set forth below.
7.2. In the event of accidental damage, the Equipment
must be returned to us immediately for inspection. The extent of damage
will determine your liability. Your liability will be determined in the
sole discretion of GPSPlanet, which shall not in any event exceed $300.00
plus applicable taxes and shipping charges, plus the replacement cost
for damaged accessories as set forth below. In the event that the damage
requires the unit to be replaced, you will be charged the full $300.00
plus applicable taxes and shipping charges, plus the replacement cost
for damaged accessories as set forth below.
7.3. You are responsible for the Equipment at all times
between delivery and receipt by our facility. We provide no insurance
against loss once delivered to your address. Any Equipment not received
by us within one week of the scheduled Return Date will be assumed lost
and your credit card will be charged for the full replacement cost of
each item, plus shipping and taxes if applicable.
7.4. Even though you are renting the Equipment, you will
treat it as if you own it. Our rental rate assumes a limited amount of
wear which may occur with a rental use. However, rips, cracks, tears,
excessive dirt or stains, mildew, or missing parts noted upon return will
result in charges against your deposit for repair or replacement.
7.5. Equipment accessories are not protected and you
are responsible for the replacement cost as follows: GPS unit (US$300),
LCD Screen (US$250), windshield unit holder (US$35), vehicle power adapter
or AC charger or USB charger (US$50), carrying case or travel bag (US$40),
2GB Secure Digital (SD) Card (if provided) (US$100), stylus (if provided)
(US$15), GPS external antenna (US$60) and quick start guide (US$10), in
the event of loss, theft, breakage or damage.
8. Evidence of tampering with the SD Card security seal
or the Equipment and its accessories will result in the replacement cost
of Equipment being charged to your credit card.
9. For security purposes, all Equipment must be locked out of
sight or otherwise secured at all times. If you misuse any Equipment in
any fraudulent or wrongful way, GPSPlanet reserves the right to take any
necessary and appropriate action to prevent the misuse or recover damages
resulting from the misuse.
10. In the event you experience any problems during the
rental period, you must contact with our customer service center immediately
upon detecting the problem. No credit will be given if a call is not made
to us or is made after the Equipment has been returned.
11. We reserve the right to revise this Agreement and
the Terms and Conditions and any rates at any time. Any changes will be
posted on the Site. By continuing to use the Service, You will be deemed
to have accepted the changes. If the revised Agreement and Terms and Conditions
are not acceptable, you can terminate the Agreement without any penalty.
12. GPSPLANET DOES NOT WARRANT THAT THE EQUIPMENT OR
THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT THE EQUIPMENT
OR SERVICES ARE FREE FROM ANY DEFECT. IF YOUR USE OF THE EQUIPMENT OR
THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR LOSS OF PROFITS OR DATA, GPSPLANET IS NOT RESPONSIBLE FOR THOSE COSTS.
THE EQUIPMENT AND SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. GPSPLANET AND ITS SUPPLIERS, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY
OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
GPSPLANET AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE EQUIPMENT, SERVICES, SOFTWARE, TEXT,
GRAPHICS, AND LINKS.
YOUR USE OF THE EQUIPMENT AND THE SERVICES ARE AT YOUR OWN RISK. NEITHER
GPSPLANET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THE EQUIPMENT OR THE SERVICES WILL BE LIABLE FOR ANY DIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE DAMAGES, OR ANY DAMAGES
WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE EQUIPMENT AND
THE SERVICES. GPSPLANET ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT
BE LIABLE FOR, ANY DAMAGES OR LOSS ON ACCOUNT OF YOUR ACCESS TO OR USE
OF THE EQUIPMENT OR THE SERVICES.
IN NO EVENT SHALL GPSPLANET, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED
AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT
LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS,
OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE THE EQUIPMENT AND THE SERVICES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT GPSPLANET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN
WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT
ALLOWABLE UNDER THE APPLICABLE LAW.
13. All legal issues arising from or related to the use
of the Equipment or the Services and this Agreement shall be construed
in accordance with and determined by the laws of the State of New York
applicable to contracts entered into and performed within the State of
New York without respect to its conflict of laws principles. You agree
that the exclusive forum for any claims or causes of action arising out
of your use of the Equipment and the Services are the state and federal
courts located in the Southern District of New York. You hereby irrevocably
waive, to the fullest extent permitted by law, any objection which you
may now or hereafter have to the laying of the venue of any such proceeding
brought in such a court and any claim that any such proceeding brought
in such a court has been brought in an inconvenient forum. If any provision
of this Agreement is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity
of the remaining provisions of this Agreement, which shall remain in full
force and effect. No waiver of any term of this Agreement shall be deemed
a further or continuing waiver of such term or any other term. This Agreement
and the general Terms and Conditions constitute the entire Agreement between
you and GPSPlanet with respect to the Equipment and the Services.
14. Definitions
“Equipment” means any equipment and/or accessories that you
rent from GPSPlanet or is available for rental from GPSPlanet, including
without limitation the GPS units and the accessories described in this
Agreement.
“We/Us/Our” means GPS4U, Inc. d/b/a GPSPlanet, with a mailing
address at 1375 Broadway, Third Floor, New York, New York 10018 (THIS
ADDRESS IS NOT FOR SHIPMENT OF EQUIPMENT!)
“You/Your/Customer” means the company or individual who enters
into this Agreement with GPSPlanet. This includes any person who GPSPlanet
reasonably believes is acting with your authority.
“Services” means GPSPlanet’s satellite global positioning
services and GPS unit rentals.
“Start Date” means the desired date for arrival of the Equipment,
as specified in your online rental application submitted with your order,
at the address specified. The Start Date should be the latest date you
need the Equipment to depart on your trip. The Equipment will be shipped
to arrive at your start date. Because of shipping times and limited weekend
delivery options, the effective “Start Date” for your rental
must fall on a Monday – Friday. If you Equipment is needed for a
Friday – Monday departure, use the preceding Thursday as your Start
Date.
“Rental Period” means the time between Start Date and Return
Date.
“Return Date” means the date the Equipment must be received
for return at the Carrier (FedEx/UPS) facility. Back
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