Rental And Purchase Agreement

mySmartDorm Rental And Purchase Agreement: 2017-2018

This Agreement is made by and between mySmartDorm, Inc. (hereinafter referred to as “mySmartDorm”) and the student(s) listed on the online rental and purchase order form (hereinafter referred to as the “Lessee”). The Lessee hereby agrees to rent one SMART LED and/or PlayStation 4 (hereinafter referred to as the “Tech”), and/or other accessories (hereinafter referred to as the “Accessories”) from mySmartDorm for a full academic year, as specified in the rental and purchase order completed by the Lessee(s), according to the following terms:

  1. Rental Term: The term of the rental period will be for one full academic year consisting of an 8 to 9 month period of two academic sessions – fall and spring - commencing upon delivery of the Tech during the beginning of the Fall semester for the Lessee’s School in August/September of 2017 and terminating upon the scheduled pickup date of the Tech at the end of the Spring semester for the Lessee’s School in May of 2017 (hereinafter referred to as “Rental Term”). For Lessee’s Schools operating on a trimester system, the term of the rental period will be for one full academic college year consisting of an 8 to 9 month period of three academic semesters – fall/first, winter/second, and spring/third - commencing upon delivery of the Tech during the beginning of the Fall/first trimester for the Lessee’s College or University in August/September of 2016 and terminating upon the scheduled pickup date of the Tech at the end of the Spring/third trimester for the Lessee’s College or University in May of 2017. For Lessees attending a college or university not listed on the mySmartDorm website, the rental period will end on the last day of the spring semester for Lessee’s College or University.
  2. Rental Fee: Lessee agrees to pay the rental fee as specified in the rental and purchase order for the rental of the Tech plus any applicable sales tax. Lessee will pay the rental fee and any applicable sales tax to mySmartDorm at the time the rental order is submitted to mySmartDorm. By clicking “Agree to Terms”, Lessee authorizes mySmartDorm to charge the credit card and/or debit card Lessee provided to mySmartDorm at the time of submission of the rental and purchase order for the rental of the Tech.
    Where multiple students/roommates have been listed as participating in the rental of the Tech on the initial rental and purchase order and one or more of these students/roommates do not complete the rental by paying their rental fee and agreeing to the mySmartDorm’ Rental and Purchase Agreement within fifteen (15) days of the initiation of the rental and purchase order by the first student/roommate, the rental and purchase order and the rental fees will be adjusted to reflect the actual number of students/roommates participating in the rental. Lessee agrees to pay the adjusted increased rental fee to mySmartDorm. Lessee authorizes mySmartDorm to charge the credit card and/or debit card Lessee provided to mySmartDorm at the time of submission of the rental and purchase order for the rental of the Tech for the difference between the adjusted rental fee and the original rental fee paid by Lessee. For example, if there are two students/roommates listed on the initial rental and purchase order and the other student/roommate has not completed the rental order within the fifteen (15) day period, the rental and purchase order will be adjusted to a single occupancy rental and Lessee will be charged the rental rate for single occupancy. Where three students/roommates are listed on the initial rental and purchase order, the rental and purchase order will be adjusted to a single or double occupancy rental and Lessee will be charged the rental rate for single or double occupancy depending upon whether there are one or two students/roommate who have completed the rental order within the fifteen (15) day period. Where four students/roommates are listed on the rental and purchase order, the rental and purchase order will be adjusted to a single, double, or triple occupancy rental and Lessee will be charged the rental rate for single, double or triple occupancy depending upon whether there are one, two, or three students/roommates who have completed the rental order within the fifteen (15) day period. The same will apply where there are five, six, seven, eight, or more students/roommates listed on the initial rental and purchase order.
  3. Accessory Rental Prices: Lessee agrees to pay the rental prices and amounts as specified in the rental and purchase order for the purchase of the Accessories plus any applicable sales tax. Lessee will pay the rental prices and amounts and any applicable sales tax to mySmartDorm at the time the rental and purchase order is submitted to mySmartDorm. By clicking “Agree to Terms”, Lessee authorizes mySmartDorm to charge the credit card and/or debit card Lessee provided to mySmartDorm at the time of submission of the rental and purchase order for the purchase of the Accessories. Where multiple students/roommates have been listed as participating in the purchase of the Accessories on the initial rental and purchase order and one or more of these students/roommates do not complete the purchase by paying their purchase prices and agreeing to the mySmartDorm’ Rental and Purchase Agreement within fifteen (15) days of the initiation of the rental and purchase order by the first student/roommate, the rental and purchase order and the purchase prices of the Accessories will be adjusted to reflect the actual number of students/roommates participating in the purchase. Lessee agrees to pay the adjusted increased purchase prices to mySmartDorm. Lessee authorizes mySmartDorm to charge the credit card and/or debit card Lessee provided to mySmartDorm at the time of submission of the rental and purchase order for the purchase of the Accessories for the difference between the adjusted purchase prices and the original purchase prices paid by Lessee. For example, if there are two students/roommates listed on the initial rental and purchase order and the other student/roommate has not completed the purchase within the fifteen (15) day period, the rental and purchase order will be adjusted to a single occupancy purchase and Lessee will be charged the purchase prices for single occupancy. Where three students/roommates are listed on the initial rental and purchase order, the rental and purchase order will be adjusted to a single or double occupancy purchase and Lessee will be charged the purchase prices for single or double occupancy depending upon whether there are one or two students/roommate who have completed the rental order within the fifteen (15) day period. Where four students/roommates are listed on the rental and purchase order, the rental and purchase order will be adjusted to a single, double, or triple occupancy purchase and Lessee will be charged the purchase prices for single, double or triple occupancy depending upon whether there are one, two, or three students/roommates who have completed the rental order within the fifteen (15) day period. The same will apply where there are five, six, seven, eight or more students/roommates listed on the initial rental and purchase order.
  4. Delivery: mySmartDorm will deliver the Tech and Accessories directly to the Lessee’s residence hall room or campus apartment as specified by Lessee’s School, provided the Lessee complies with the terms and conditions of this paragraph. The delivery date and time will be sent by mySmartDorm to Lessee’s email address(es) submitted by Lessee with their order form. If required, Lessee agrees to be in their residence hall room or campus apartment during the date and 15 minute time period specified in the email for the delivery, agrees to meet mySmartDorm delivery representative in the lobby of the residence hall or apartment building, and agrees to escort the delivery representative to the Lessee’s residence room or campus apartment for delivery and setup of the Tech. mySmartDorm will place the Tech and Accessories on a desk, chest, or other piece of furniture in the residence hall room and hook up the Tech to any existing cable connections in the residence hall room. If there is no furniture in the residence hall room, the Tech and Accessories will be placed on the floor near where any existing cable connection in the room is located. The “expected” delivery date will be the date provided to mySmartDorm by Lessee’s School. mySmartDorm will use reasonable efforts to deliver the Tech by the expected delivery date if ordered before that date. However, the listed expected delivery date for the Tech is never guaranteed due to mySmartDorm inventory, room changes, school schedules, and other factors that may delay delivery. If Lessee requests that mySmartDorm move the Tech after delivery has been made (room changes) the charge will be $35.00. (Lessee may move the Tech to a new residence hall room themselves, but Lessee must notify mySmartDorm email immediately to obtain its prior written consent so that your account can be updated.) For Lessees at Schools that do not allow mySmartDorm access to Lessee’s on campus dorm rooms or apartments to deliver and install the Tech, Lessee agrees to pick up the Tech and Accessories on the date and at a location at Lessee’s School specified by mySmartDorm. The rental term will commence on the date specified by mySmartDorm that the Tech is to be picked up whether or not Lessee picks up the Tech from mySmartDorm.
  5. mySmartDorm Obligations, Warranty: mySmartDorm shall, during the Rental Term, keep and maintain the Tech in good working condition, reasonable wear and tear excepted. Upon written notification by Lessee, mySmartDorm will, at its own expense and option, replace or repair any Tech that fails to operate normally, except those which are damaged through: a) misuse, negligence, abuse, accident, liquid spills, fire, theft, carelessness, willful act, irresponsible use, or other external causes by the Lessee or during Lessee’s possession of the Tech; or b) war or nuclear incident, terrorism, unauthorized attempts to repair the Tech, use of damaged or defective media or other products , accessories, or peripherals with the Tech, or alteration or modification of the Tech in any way. mySmartDorm warrants that the Accessories will be free from defects in material and workmanship under normal use for a period of ninety (90) days from date of purchase of the Accessories. During the ninety (90) day limited warranty period, mySmartDorm will, at its own expense and option, repair or replace the defective Accessories. mySmartDorm will not have any liability for Accessories resulting from: a) misuse, negligence, abuse, accident, liquid spills, fire, theft, carelessness, willful act, irresponsible use,or other external causes by the Lessee or during Lessee’s possession of the Accessories; or b) war or nuclear incident, terrorism, unauthorized attempts to repair the Accessories, use of damaged or defective media or other products , accessories, or peripherals with the Accessories, or alteration or modification of the Accessories in any way. mySmartDorm MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES WITH REGARDS TO THE TEVEVISON OR ACCESSORIES AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICALAR PURPOSE.
  6. LIMITATION OF LIABILITY: mySmartDorm SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL THEORY, ARISING OUT OF THE FURNISHISHING, PERFORMANCE, USE, OR SALE OF THE TECH OR ACCESSORIES AND/OR DUE TO ANY BREACH OR NON-PERFORMANCE OF THIS AGREEMENT.
  7. INDEMNIFICATION BY LESSEE: LESSEE WILL INDEMNIFY AND HOLD HARMLESS mySmartDorm FOR ANY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH THAT MAY BE CAUSED WHILE THE TELEVSION AND/OR THE ACCESSORIES ARE IN THEIR POSSESSION.
  8. Tech Damage or Loss: Lessee shall bear the entire risk of loss or damage to the Tech from any cause whatsoever, except for manufacturer defects or loss or damage caused by mySmartDorm during the delivery and pickup of the Tech. The Lessee shall reimburse mySmartDorm for any and all loss or damage to the Tech from any cause whatsoever. If Legal action is required to recover said losses, Lessee shall reimburse mySmartDorm’ reasonable attorney fees. Replacement costs for loss or damage to the Tech are as follows: Tech, $150 (32 inch Tech), $300 (40 inch Tech), $500 (50 inch Tech), Remote Control, $25.
  9. Fees for Failure to Return the Tech on Time or Undamaged:
    • Missing or damaged 32" LCD/LED SMART Tech - $250.
    • Missing or damaged 40" LCD/LED SMART Tech - $300.
    • Missing or damaged 50” LCD/LED SMART Tech - $500.
    • Missing or damaged Sony PS 4 with 2 controllers - $400.
    • Missing or damaged Sony PS 4 controllers - $100.
    • If the Tech has to be located because it was moved without receiving mySmartDorm’ prior written consent, there will be a Search Fee of $35.
    • Late Fee for returning the Tech after the scheduled pickup date of $35.
    • If the Tech is missing any parts (Power cord, Tabletop stand, or remote control) you will be charged to replace parts.
    • By clicking “Agree to Terms”, Lessee agrees to pay the above charges and fees and authorizes mySmartDorm to charge the credit card and/or debit card Lessee used to rent the Tech or if Lessee paid by check, mySmartDorm can charge Lessee’s College’s or University’s credit card for any charges or fees shown above. Lessee further agrees that mySmartDorm may charge any or all Lessee(s) on the rental and purchase order for the full amount of the above charges and fees. Where there are 2 or more students listed as Lessee(s) on a rental and purchase order form, mySmartDorm will try to charge all Lessees equally for the above charges and fees. If one or more Lessee(s) credit card and/or debit cards are no longer valid or do not accept the charges and fees, Lessee(s) agree that mySmartDorm may charge the remaining Lessee(s) for the above fees.
  10. Room Changes/Moving Tech: Lessee agrees not to move, remove, and/or relocate the Tech from the residence hall room originally listed on the agreement without receipt of the prior written consent of mySmartDorm. If the unit needs to be moved or picked up due to early termination of this agreement, Lessee will be charged $35.00. If Lessee requests that mySmartDorm moves the Tech after delivery has been made (room changes) the charge will be $35.00. (Lessee may move the Tech to a new residence hall room themselves, but Lessee must notify mySmartDorm email immediately to obtain its prior written consent so that your account can be updated.)
  11. Pick-Up: mySmartDorm will pick up the Tech at the end of the Rental Term. Details of pickup arrangements will be sent by mySmartDorm to Lessee’s email address(es) submitted by Lessee with their order form. mySmartDorm will notify the Lessee of the proper date and time on which the Tech be picked up. Lessee agrees to be in their residence hall room or campus apartment on the date and time specified by mySmartDorm in the email for pickup of the Tech and agrees to meet the mySmartDorm pick-up representative in the lobby of their residence hall or apartment building and escort the pick-up representative to their dorm room or campus apartment to pick up the Tech. The Tech must be picked up from Lessee’s room before the last Lessee leaves the residence hall room for the school year. For Lessees at Schools that do not allow mySmartDorm access to Lessee’s on campus residence hall rooms or apartments to deliver and install the Tech, Lessee agrees to return the Tech on the date and at a location at Lessee’s College or University specified by mySmartDorm. Regardless of the return method above, the Lessee must return the Tech at the specified date and time or contact mySmartDorm IN ADVANCE to make other arrangements. Failure to return the Tech on the correct date and time, including Lessee’s failure to be in their dorm room or campus apartment at the specified pick-up date and time and escort the pick-up representative to their dorm room or campus apartment, will result in the late charges shown above. If the Lessee fails to receive notification of the return date and time, Lessee should email mySmartDorm at support@mySmartDorm.com to determine the return date. If Lessee fails to determine the correct return date and does not return the Tech on time, the Lessee will be charged a late pick up fee. If the Tech is not returned, Lessee will be charged for the Tech (see paragraph 9 above). The authorization statement below allows the School to let mySmartDorm and its representatives into Lessee’s residence hall room to Deliver and/or Pick up the Tech
  12. New, Used, Refurbished: The Techs and/or Accessories provided under this Agreement may be new, used, or refurbished determined at the sole discretion of mySmartDorm.
  13. Authorization to Enter Dorm Room: By clicking "Agree to Terms", I, the Lessee, authorize the staff of my School to allow mySmartDorm into Lessee’s assigned residence hall room to make delivery and/or pick up of the Tech. Lessee further agrees that the College or University will not be required to accompany or supervise mySmartDorm’ activities. Lessee releases their School from any damage or loss that may arise in connection with the delivery or pick-up of the Tech into or out of Lessee’s dorm room
  14. Refund Policy: Once Lessee has completed placing the rental order by agreeing to these terms and conditions and paying the rental fee and/or the purchase price, the agreement is final. Lessee will not be entitled to any refund of the rental fee or purchase price should Lessee terminate the rental agreement or return the Tech prior to the expiration of the Rental Term.
  15. Cancellation: mySmartDorm reserves the right to cancel any rental and purchase orders at any time for any reason without liability. If mySmartDorm cancels a rental and purchase order before delivery of the Tech or Accessories, mySmartDorm will provide a full refund of the Rental Fee and purchase price of Accessories. If mySmartDorm cancels a rental and purchase order after the delivery of the Tech and Accessories, mySmartDorm will provide a prorated refund of the Rental Fee and Accessories purchase price. The above refunds will be the sole remedy of Lessee in the event of cancellation by mySmartDorm.
  16. Taxes: Lessee will be responsible for paying any sales, use, property, or other tax associated with the rental and use of the Tech or purchase of the Accessories during the rental term.
  17. Governing Law and Choice of Law: This Agreement will be governed by and construed under the laws of the Commonwealth of Massachusetts without regard to choice of law principles. The sole jurisdiction and venue for any litigation arising out of the Agreement shall be in the United States District Court for the District of Massachusetts in Boston or an appropriate state court located in Middlesex County, Massachusetts.
  18. Non-Assignment: Lessee may not assign or transfer any rights or obligations under this agreement without the prior written consent of the parties.
  19. Force Majeure: mySmartDorm will not be liable for performance delays, or for non-performance, due to causes beyond its reasonable control, including, but not limited to, acts of civil or military authority, national emergencies, fires, labor disputes, flood or catastrophe, acts of God, health emergencies, insurrection, war, riots, terrorist events, delay of suppliers, or failure of transportation, communication or power supply.
  20. Modification: This agreement may not be modified without the written consent of the parties.
  21. Headings: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
  22. Waiver: No waiver or breach of any term or condition of this Agreement shall operate as a waiver of any other breach of such term or condition, or of any other term or condition, nor shall any failure to enforce any provisions of this Agreement operate as a waiver of such provision or any other provision in this Agreement.
  23. Severability: If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

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