This is a binding contract between Brute Box Moving, a division of Corovan Moving & Storage Co., Inc. (“Brute Box”) and the Customer, whose name appears on this Rental Agreement.
DESCRIPTION OF EQUIPMENT: The property (“Property”) subject to this Agreement shall be the specific items of equipment listed on this contract by Brute Box at the time of delivery of such equipment to or on behalf of the customer (“Customer”), whose name appears on this Rental Agreement. Upon delivery of the Property by Brute Box at the Customer’s home or place of business, it is Customer’s responsibility to determine that the order is complete and to immediately notify Brute Box, prior to taking delivery, of any discrepancies.
TERM OF RENTAL: The rental will begin on the date of the scheduled delivery. The manner by which “Delivery” and “Return” are to be accomplished are described herein below. Property will be delivered by Brute Box to Customer’s home or place of business and will be picked up by Brute Box at the end of the rental period. Regardless of the period of rental specified in the Rental Agreement, Brute Box may, by notice to the Customer, cancel the Rental Agreement at any time during the term of rental if Brute Box deems that the customer is misusing Property, the terms of this Agreement are not being met, or Customer has breached Agreement in any other manner.
DELIVERY: Customer, by signing this agreement, acknowledges that the Property has been Delivered when it is in the possession of the Customer, or any agent of the Customer who is over the age of 18 and is located at the Customer’s designated address. Brute Box will be responsible for delivering the Property to the Customer’s home or business on the scheduled delivery date.
RETURN: The Property shall be deemed “Returned” to Brute Box when is has been picked up by Brute Box in good working condition. Equipment that has been damaged or destroyed while in the possession of the Customer, or an agent of the Customer, shall not be deemed to have been Returned to Brute Box until such time that Brute Box has received full replacement value from the Customer, including payment of any unpaid and or continuing rental charges. Likewise, equipment that has been lost, stolen or seized by a government agency while in possession of the Customer, or an agent of the Customer (including, but not limited to, drayage houses, storage facilities and/or hotel concierge desks), shall not be deemed to have been Returned to Brute Box until Brute Box has received full replacement value from the Customer or the Customer’s insurer, including payment of any continuing rental charges, or the equipment has been released by the government agency or third party and is in the physical possession of Brute Box, in an undamaged condition.
RATES AND CHARGES: Rent must be paid prior to the delivery of Property to Customer’s home or business. Brute Box will assess an extra delivery charge of $40 for additional deliveries or pickups. If Customer is not available on scheduled drop off or pickup date and time, they will be assessed an additional charge of $40 for Brute Box to make another drop off or pick up attempt. No allowance will be made for items delivered but not used by Customer. If Customer returns the Property to Brute Box any time after the time and date the rental period ends, Customer will pay Brute Box a rental charge of $2.00 per box per week, with a minimum of 1 week. If the customer fails to return the product within 2 weeks, the product will be deemed lost, and replacement value will be assessed.
DAMAGE: The Customer acknowledges that when the Property is delivered to the Customer, the Customer will have examined the Property and found it to be in good working order. The Customer shall have full responsibility and liability to Brute Box for the actual cost to replace any property which during the period between Delivery to the Customer and Return to Brute Box has been lost, stolen, or damaged from any cause whatsoever (other than ordinary wear and tear, as to be determined in Brute Box’s sole discretion). The Customer assumes any and all risk of loss once the property leaves Brute Box’s place of business until such time as the property is returned to Brute Box in the manner provided herein, except at such times as the equipment is in the exclusive control of authorized Brute Box employees.
REPLACEMENT VALUE: Brute Box and Customer agree that the current replacement value of the reusable moving boxes is $20 per moving box, $70 per rolling dolly, $160 per hand truck and $20 for each pair of lifting straps.
USE OF PROPERTY: Customer acknowledges that the use of the Property creates some risk of personal injury to Customer and third parties, as well as a risk of damage to property, and Customer expressly assumes that risk. Customer therefore agrees to use the Property safely and only in the manner for which it is intended to be used. Brute Box is not responsible for any personal injury or property damage resulting from Customer’s misuse, unsafe use, or reckless use of the Property. The Customer shall not make any alterations or improvements to the Property without prior written consent of Brute Box and shall not deface, remove, or cover any nameplate on the Property showing Brute Box’s ownership. All Property shall be operated in accordance will applicable Federal, State or local laws.
INDEMNIFICATION: The Customer hereby agrees to indemnify and hold Brute Box harmless from and against any and all losses and/or claims, including attorney’s fees, arising out of Customer possession, use or operation of the Property during the time between Delivery of the Property to the Customer and its Return to Brute Box.
TITLE MATTERS: This Agreement constitutes a lease and not a sale or Property or the creation of a security interest therein. No part of the rental Payments made under this Agreement shall be deemed payment towards the purchase of any of the Property. Title to the Property shall remain at all times with Brute Box. The Customer hereby acknowledges Brute Box’s ownership and title in the Property and agrees to keep the Property free of all liens, levies, and encumbrances. This Agreement constitutes a lease to the Customer exclusively and the Customer shall not assign any rights under this Agreement (or sublease the Property to any other person or entity).
GOVERNING LAW: This Rental Agreement shall be governed by and construed in accordance with the laws of the State of California in the county of Alameda, as same are applied to internal disputes and the parties hereto submit to the jurisdiction of the Courts of the State of California in the county of Alameda, for all purposes related to this Agreement. The prevailing party in any proceeding shall be entitled to an award of attorney’s fees and litigation costs.
MISCELLANEOUS: This Agreement shall not be modified without a writing signed by both the Customer and an authorized representative of Brute Box. All obligations of the Customer hereunder survive expiration of the rental term set forth on this Agreement. The person signing this Agreement on behalf of the Customer warrants that such individual has been authorized to execute this Agreement and to bind the Customer to its terms. In the event any provision of this Agreement is held to be unenforceable, such provision shall be severed from this Agreement and the remainder shall be deemed fully enforceable. The Customer hereby represents to the best of its knowledge, that all information provided is true and correct. By signing this Rental Agreement and accepting delivery of equipment from Brute Box, the Customer agrees to be bound by all of the Rental Terms and Conditions in elect from time to time, as set forth in this document. Further, by signing this agreement, the signatory hereby represents that they are an authorized agent of the Customer or are otherwise authorized to bind the Customer to this agreement.