Terms and Conditions of Service
TERMS AND CONDITIONS OF SERVICE
1. EQUIPMENT Rented: You (the “Customer”) agrees to rent the equipment you will receive upon delivery which includes bins and dollies (the “Equipment”) from Gorilla Bins.
2. RENT: Customer shall pay Gorilla Bins rent for Equipment for the dates and
amount stated in the invoice, adjusted for the actual rental period.
3. RENTAL TERMS: The rental and related charges shall commence upon the date
Equipment is delivered by Gorilla Bins and shall terminate on the date Equipment
is picked up by Gorilla Bins.
4. OWNERSHIP: Equipment is, and shall at all times remain, the sole and exclusive
property of Gorilla Bins.
5. WARRANTY: Gorilla Bins warrants that Equipment is in satisfactory operating
condition at the time of delivery and will replace (if possible) at no charge, any
Equipment that fail during normal operation, but not as a result of damage or
mishandling. Gorilla Bins is not responsible for the methods or conditions of
Equipment operation or for the results obtained.
6. ALTERATION: No alteration to the Equipment may be made without the prior
written consent of Gorilla Bins. Proper care and maintenance of the Equipment
during its use will be the responsibility of Customer. Equipment, which is
returned in a condition requiring cleaning or repairs due to excessive wear and tear or
mishandling, will be brought back to rentable condition at the expense of Customer.
7. ASSIGNMENT: Neither this Agreement nor Equipment may be assigned,
transferred, or in any way encumbered by Customer without written consent of
Gorilla Bins.
8. RISK OF LOSS: Promptly upon the arrival of Equipment at the Customer's
facility, the Customer will carefully inspect the Equipment to determine
whether it has been damaged during delivery. In the event of any such damage, the
Customer will promptly inform Gorilla Bins and a replacement will be provided.
If the Customer shall fail to notify Gorilla Bins of any damages on day of the
receipt of the Equipment, then the Customer shall be deemed to have accepted
the Equipment as being in acceptable operating condition. During the period of the
Customer's possession and control of the Equipment, all risk of loss, destruction
of, or damage to the Equipment, from any cause whatsoever shall be borne by the
Customer.
9. SECURITY DEPOSIT: The cost to repair damaged Equipment or the replacement
cost for Equipment not returned after 30 days will be charged to the Customer's credit card. Any
unpaid rent may also be charged to the Customer's credit card. Rental extensions will
be charged automatically at a weekly rate and are calculated based on the Equipment package, pick-up date
and time. The replacement costs charged will be as follows: Bins - $39.99, Dollies - $79.99.
10. RENTAL PERIOD: Any unpaid rent will be charged to the Customer's credit card. Rental extensions will
be charged automatically at a weekly rate and are calculated based on the Equipment package, pick-up date
and time.
11. PAYMENT TERMS: Due upon delivery by Visa, MC, or Amex. Customer accepts that their credit card will stored for the entire length of the rental period and authorizes Gorilla Bins to make any charges associated with the stated terms and conditions.
12. OPERATION: The Customer will use the Equipment in a safe and respectful
manner. The Customer shall indemnify and hold Gorilla Bins harmless from
any liability whatsoever resulting from the Customer’s use of the Equipment.
Gorilla Bins is not responsible for the results of any loss or damages caused by the
Customer's move.
13. DEFAULT AND REMEDIES: Customer shall be deemed to have breached this
Agreement if the Customer:
a. Defaults in any payment as set forth in the Customer's order form.
b. Defaults in any of the terms herein and such default shall continue uncorrected for five
(5) days after written notice hereof to Customer by Gorilla Bins or
c. Becomes insolvent or files for bankruptcy.
14. TERMINATION: In the event of any default, Gorilla Bins may declare the entire
amount of unpaid rental payments immediately due and payable, and Gorilla Bins may
immediately terminate this agreement. All costs and expenses to recover Equipment
and/or rental fees, including court costs and legal fees incurred in execution of this
section, will be paid by Customer.
I FULLY UNDERSTAND THAT: (a) MOVING ACTIVITIES INVOLVE RISKS AND DANGERS OF BODILY INJURY ("RISKS"); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the actions of others, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE INDIVIDUALS NAMED BELOW; (c) there may be OTHER RISK AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity.
I FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GORILLA BINS AND ITS EMPLOYEES AGAINST ANY AND ALL CLAIMS BROUGHT AGAINST YOU OR GORILLA BINS.