Terms of service

THIS EQUIPMENT LEASE AGREEMENT (“Lease”) is made effective automatically by clicking on the “I agree to the Empower Tools terms and conditions” checkbox and clicking the “Finalize Order” button during checkout, and is by and between Empower Tools, LLC, (“Lessor”) and you (“Lessee”). By clicking on the “I agree to the Empower Tools terms and conditions” checkbox and clicking the “Finalize Order” button, Lessee agrees to be bound by all of the terms and conditions set forth in this Lease. Lessor may at its sole discretion modify this Lease at any time and from time to time . By clicking on the “I agree to the Empower Tools terms and conditions” checkbox and clicking the “Finalize Order” button, Lessee indicates acceptance of the modified Terms and Conditions. NOW, THEREFORE,

1. Disclaimer

Every effort is made to assure descriptions and prices are correct. Lessor reserves the right to correct errors as needed. All prices and availability are subject to change without notice.

2. Lease

Subject to and in accordance with the terms and conditions of this Lease, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the equipment (“Equipment”): shown above in the Order Details area during checkout.

3. Shipping

Lessee shall be responsible to pay all shipping and delivery charges fees and expenses. Lessee shall return the Equipment to Lessor using the packaging and return delivery slip included with the Equipment. Failure to follow these shipping instructions may result in additional fees and charges for which Lessee shall be responsible to pay. Shipping shall be FOB Lessors carrier. All delivery dates and times are estimates only. Lessor does not warrant or guarranty such times and dates. Failure to observe these shipping instruction may result in additional fees and expenses including late fees.

4. Term

The term of this lease shall commence at the completion of checkout and shall expire upon the date the Equipment is returned to and received by Lessor.

5. Rent

First week’s rent and a deposit, if applicable, must be paid in advance, in full. Subsequent weeks will be charged every 7 days beginning 7 days from the date the Lessor’s carrier shows the first attempted delivery.

6. Late Returns

Late fees shall be charged daily at the rate of 16% of the weekly rental rate for the Equipment. Lessee hereby authorizes Lessor to assess all penalties against the Lessee’s form of payment on file with Lessor until the Equipment is returned to and received by Lessor. In the event the rental is not returned 7 days after the last successful payment, the equipment will be considered lost and the Lessee’s form of payment will be charged the full replacement value of the Equipment. Lessor reserves the right to pursue all available remedies including both civil and criminal remedies in the case of unreturned or lost Equipment.

7. Use

Lessee shall use the Equipment only for a proper purpose with due care. Lessee shall observe comply with all applicable laws, rules, and regulations applicable to the Equipment. For the Avoidance of doubt Lessee shall observe and comply with all instructions, safety guidelines and warning labels included with the Equipment. Failure to do so may result in death or serious injury. Lessee shall not use, and shall not permit others to use, the Equipment in any manner that is in violation of applicable laws, rules, regulations and other governmental directives, would violate the terms of the manufacturer’s warranty or any aother warranty applicable to the Equipment.

8. Cancellation by Lessor

Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs.

9. Cancellation by Lessee

Lessee may cancel an order at any time, for any reason until the Lessor transfers possession of the Equipment to Lessor’s carrier.

10. Ownership

The Equipment is and shall remain at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment.

11. Damaged or Modified Equipment

Lessee shall keep the Equipment in good repair and condition.

Lessee shall not modify or alter the Equipment in any way. Lessee will be responsible for all costs expenses of Lessor in restoring the Equipment to its normal condition.Lessee assumes and shall bear the entire risk of damage to the Equipment from any cause, except damage in the possession of the Lessor’s Carrier. Unless pre-existing damage is reported to Lessor within 24 hours after Lessee takes possession of the Equipment, Lessee shall be presumed to have damaged the Equipment and shall be responsible for such damage. In the event of damage, Lessor shall choose the repair method and venue and Lessee shall be responsible for the total cost of repair. Lessee hereby authorizes Lessor to charge Lessee’s form of payment on file with Lessor for all costs to repair the Equipment. At Lessor’s discretion, a cleaning fee may be charged if any of the following must be removed from the equipment upon return:

Mud or dirt
Chalk or powder
Sand
Any other matter that must be removed from the Equipment before it is placed back in Lessor’s inventory

12. Loss of Equipment

Lessee assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease. In the event that the Equipment is reported by Lessee to be lost or stolen during the term of the Lease, Lessee shall liable to Lessor for the replacement value of the Equipment. Lessee hereby authorizes Lessor to charge Lessee’s form of payment on file with Lessor the full amount amount for replacement of the lost or stolen Equipment including all applicable taxes and shipping and handling fees. If the Equipment is not returned within seven days of expiration of the term of the Lease, the Lessee shall be liable for the replacement value of the Equipment. If the tracking information for the return shipping label provided by Lessor does not show that the Equipment has been picked up by Shipper and the Lessee has no drop-off receipt, the Equipment shall be considered unreturned.

13. Default

In the event of default, all amounts owed by Lessee to Lessor are immediately due. In the event of default, Lessee shall be responsible for all reasonable expenses of Lessor in attempting to recover the amount owed from Lessee including collection fees and attorney’s fees. Lessor reserves all rights and remedies including both civil and criminal penalties, .

14. Missing Items

In the event of any missing items, Lessee shall be fully liable to Lessor for the replacement cost of the missing items.

15. Liability

The Lessee shall indemnify and save Lessor harmless from and against all losses, costs, charges, expenses, liabilities, claims, demands, penalties, damages, suits, actions and causes of action whatsoever resulting from: any personal injury or property damage arising from or in any way related to the use, operation, malfunction, maintenance (or failure to maintain), condition, return, removal and re-delivery of the Equipment In no event will Lessor be responsible for any personal injury or property damages, or other special, indirect or consequential damages of any kind.

LESSOR HEREBY EXPRESSLY DISCLAIMS AND THE LESSEE HEREBY EXPRESSLY WAIVES ALL WARRANTIES, GUARANTEES, CONDITIONS OR REPRESENTATIONS, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS OF THE EQUIPMENT FOR ANY GENERAL OR PARTICULAR PURPOSE

16. Malfunctioning Equipment

In the case of malfunctioning Equipment, Lessor’s only liability to Lessee is for the portion of Rent applicable to the time period that the Equipment was nonfunctioning. Lessor shall not be responsible for any consequential or incidental damages resulting from malfunctions.

17. Taxes or Duties

The Lessee agrees to keep the Equipment free of any taxes, duties, liens, or other encumbrances. In the event such are levied against the Equipment, Lessee agrees to reimburse Lessor in full for those charges.

18. Ownership

The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment.

19. Severability and Governing Laws

This represents the entire agreement between Lessor and Lessee. If any portion of this agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable. The agreement shall be enforced according to the laws of the Commonwealth of Massachusetts. Lessor and Lessee agree that the United States District Court for the District of Massachusetts shall have exclusive jurisdiction over any dispute between the parties of this Lease.