BANANA BOX, LLC RENTAL TERMS AND CONDITIONS
These Terms & Conditions (“Terms”) set forth the entire understanding between Banana Box, LLC, a Minnesota limited liability company (together with its affiliates “Banana Box”) and renter (“Client”) with respect to the rental of Equipment (as hereinafter defined).
- EQUIPMENT RENTAL. Banana Box’s acceptance of any order(s) from Client is expressly conditioned on Client’s unqualified acceptance of these Terms. For purposes of these Terms, “Equipment” means the crate containers, carts, dollies and other equipment, all accessories and additions thereto and all replacements and renewals thereof, which Banana Box has agreed to rent to Client.
- PAYMENT TERMS. Client shall remit payment to Banana Box on the terms stated on the invoice for rented Equipment, provided that, subject to Section 8 below, if Client retains the Equipment beyond the expiration of the rental period specified in the invoice, the rental period shall be automatically extended in [1 week increments]. Client shall be responsible for and shall pay for each item of Equipment from and after the date of delivery (“Delivery Date”) of the Equipment to Client (or to the location designated by Client) and for the entirety of the rental period (together with any extensions thereof), until the date the Equipment is picked up by or delivered to Banana Box (the “Pick Up Date”). Client acknowledges that Client’s credit or debit card will be kept on file until the Pick Up Date and for a period of [1 week thereafter]. Client authorizes Banana Box to charge such card for any amounts permitted or authorized by these Terms. Checks that are returned due to insufficient funds are subject to a fee of $25.00.
- PRICES. Prices, whether they appear on Banana Box’s website, on a price list, or in any other form or medium, are effective only for Equipment ordered the date that such prices first appear. Banana Box may change prices at any time without notice. Prices in quotations or invoices are effective for the specific time period stated in the quotation or invoice or, if no time period is stated, 30 days. Unless otherwise stated in the invoice, prices do not include delivery or pick up charges, sales, use, or other taxes, which will be billed as separate items. Typographical and other ministerial errors included in any quotation or other document are subject to correction.
- DELIVERY AND PICKUP. Client is responsible for scheduling and shall be present to accept Equipment at the agreed upon Delivery Date and Pick Up Date. If Client is not present at the agreed upon location at the time of delivery or pick up, Client shall pay a [$35.00] fee for each attempt to redeliver or pick up the Equipment. Delivery and pick up services are only available in a 20 mile radius the “Delivery Area”). Standard charges shall include delivery to and/or pick up from the ground floor lobby, hallway or curbside of home or buildings with no more than three steps. If Client requests that Banana Box deliver or pick up Equipment to a location requiring the use of more than three steps in the aggregate, Client shall notify Banana Box at the time Client requests delivery or pick up and such delivery and/or pick up shall be subject to an additional charge of [$35.00] for each service (delivery and/or pick up). ALL rental Equipment must be available for pick up on the agreed upon Pick Up Date. If Banana Box has to return for an additional pick up for rental equipment there will be a fee of [$35.00] plus applicable surcharges for each additional Pick Up. Client hereby grants Banana Box the right and authorizes Banana Box to enter and access the delivery and pick up location for the purposes of delivering and picking up the Equipment.
- LIMITED WARRANTY; RISK OF LOSS. Banana Box guarantees that the Equipment will be in good operating condition at the time of delivery (the “Limited Warranty”). If Client receives damaged Equipment or a shortage of Equipment, Client shall notify Banana Box of such damage or shortage within 24 hours of delivery. In the absence of any such notification, the Equipment will be deemed to be compliant with the Limited Warranty. Client shall assume and bear the risk of loss, theft, and damage to the Equipment from any and every cause whatsoever, from and after the time Equipment is delivered to Client (or to the agreed upon location specified by Client) and until the Equipment has been returned or picked up by Banana Box.
- EXCLUSION OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY, BANANA BOX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. CLIENT EXPRESSLY AGREES THAT THE EQUIPMENT IS BEING PROVIDED TO CLIENT ON AN “AS IS” BASIS.
- USE OF EQUIPMENT. Client shall only use the Equipment in a safe manner and at Client’s own risk. None of Banana Box, its affiliates or its or their directors, officers, employees, members, and agents will be responsible for injuries or death to the Client or others related to use of the Equipment. Client shall at all times use, store and transport the Equipment in compliance with all applicable laws, regulations, statutes, orders, and guidance of any federal, state, or local governmental entity. Equipment shall not be used to store or transport hazardous or toxic materials. Use of the Equipment in violation of this Section 7, as determined by Banana Box in its sole discretion, shall be deemed to be non-ordinary course wear and tear, and in addition to the charges set forth in Section 8 below, Client shall be required to reimburse Banana Box for all costs and expense incurred by Banana Box to clean or dispose of the Equipment. Client shall not sublease, rent, hire, lend, assign, pledge, encumber or otherwise part with possession of the Equipment.
- RETURN OF EQUIPMENT. Client shall be responsible for maintaining all Equipment in good condition and shall return Equipment in the same condition in which it was received, reasonable wear and tear, excepted. Client shall return all Equipment to Banana Box at the expiration of the rental period, either: (a) by the Client effecting delivery to Client’s outlined pickup location during normal business hours. If the return date has not been agreed upon, then Client shall provide Banana Box with no less than  hours’ notice of the return of the Equipment, or (b) by the Client requesting, upon no less than 3 days prior notice, that Banana Box pick up the Equipment from a location within the Delivery Area. If any Equipment is not returned within  days of the Delivery Date or is damaged due to misuse, or non-ordinary wear and tear, as determined by Banana Box in its sole discretion, Client shall pay [$45] per unreturned or damaged box, plus the cost of the rental for such Equipment for the entire rental term. Any personal property in any Equipment after delivery or pick up shall be deemed abandoned and may be disposed of without liability. Legal title to all Equipment remains at all times with Banana Box and the Equipment must be returned to Banana Box in any event, even if the such amount has been paid.
- DEFAULT. If Client (a) cancels an order after Banana Box has commenced performance, (b) defaults under these Terms or any other agreement between Banana Box and Client, or (c) becomes insolvent, files or has filed against it a bankruptcy, insolvency, or similar petition or action, then Banana Box may, without limiting any other rights or remedies under these Terms or at law or equity available to it: (i) cancel or terminate any open rental; (ii) accelerate and declare the entire amount of unpaid rental payments immediately due and payable. If Banana Box is required to take any legal action or utilize collection services to recover money due from Client or to enforce any provision of these Terms, Client shall be liable to and reimburse Banana Box for all of Banana Box’s costs and expenses in connection therewith, including Banana Box’s reasonable attorney’s fees and other costs and expenses of collection and/or litigation.
- LIMITATIONS ON DAMAGES. BANANA BOX SHALL NOT BE LIABLE TO CLIENT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LABOR COSTS) ARISING FROM THE DELIVERY AND PICK UP (INCLUDING DELAYS IN DELIVERY OR PICK UP) OF THE EQUIPMENT, USE OF THE EQUIPMENT (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO PROPERTY, DEATH OR INJURY RELATED TO SUCH USE), ANY ITEMS PLACED INTO THE EQUIPMENT, BREACH OF THESE TERMS, OR ANY OTHER CAUSE WHATSOEVER, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY OR ANY OTHER THEORY OF LIABILITY, AND REGARDLESS OF WHETHER CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE BY BANANA BOX AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY PURSUANT TO THE LIMITED WARRANTY. IN ANY ACTION, CLIENT SHALL BE LIMITED TO DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT ACTUALLY PAID TO BANANA BOX FOR THE EQUIPMENT THAT IS THE SUBJECT OF THE CLAIM. CLIENT ACKNOWLEDGES AND AGREES THAT BANANA BOX HAS RELIED ON THE FOREGOING LIMITATION AND CLIENT ACKNOWLEDGES THAT THIS PROVISION WAS ESSENTIAL IN ESTABLISHING THE PRICES FOR THE RENTAL OF THE EQUIPMENT.
- INDEMNITY. Client shall indemnify and hold Banana Box, its affiliates and its and their directors, officers, employees, members, and agents harmless from and against any and all damages, losses, claims and expenses, including reasonable attorneys’ fees and other costs and expenses of litigation resulting from (a) Client’s breach of these Terms, (b) Client’s or its agents’ negligent acts or omissions with respect to the Equipment, and (c) any personal injury or death arising from Clients or its agents’ use of the Equipment.
- MISCELLANEOUS. No amendment to these Terms will be effective unless it is in writing and signed by the parties. No waiver of satisfaction of a condition or nonperformance of an obligation hereunder will be effective unless it is in writing and signed by the party granting the waiver, and no waiver will constitute a waiver or satisfaction of any other condition or nonperformance of any other obligation. Notwithstanding the completion of an order or the cessation of commercial relations between the parties, these Terms shall survive indefinitely. These Terms shall be governed by the laws of the State of Minnesota. With respect to any dispute or claim arising hereunder, Client agrees and consents to jurisdiction of and exclusive venue in any state or Federal court located in Minneapolis, MN.