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TERMS AND CONDITIONS OF RENTAL BAILMENT

DELIVERY:  $2.00 per mile port-to-port. 


PICK-UP:  Free as long as:
(1) all payments are current;

(2) the rental unit is not moved or removed from exactly where it is initially parked at the time it is dropped off and reasonably levelled; and

(3) the Bailor is allowed clear and unabated access 24/7 in order to allow for repair and/or removal of the Rental Unit.


INVOICING:  All Invoicing is emailed weekly 7 days prior to the week being paid for.  A Credit Card must be kept on file at our office, or a or Bank Draft initiated.  Two weeks (first week's Rental Charge plus 1 week Security Deposit) Rental plus the delivery charge must be paid upfront prior to delivery.  Any charges will be clearly invoiced, payment for which shall be promptly applied to client's credit card on file, and receipt for any payment immediately and automatically sent to the email on file.


NSF/NON-PAYMENT:   A $250 charge plus the initial delivery fee will be levied against the last week's rental payment if any payment is not collected upon request (not more than 7 days prior to the applicable weekly period) for any reason.  Of course, we understand that situations occur.  As long as the credit card on file is replaced promptly or the Bank Draft Order Renewed promptly upon our request and communication between the client and our office remain fluid, without delays (calls and/or emails returned within a few hours and for no reason beyond the end of the current day) and uninterrupted, this NSF/Non-Payment fee will gladly be waived.  The client may not stop or reverse a credit card or bank draft payment for any reason.


MINIMUM ORDER: One Week Rental plus the Delivery Charge and any other fees noted herein, if any, are levied for the reasons clearly stated herein.   Any unearned fees will be returned to the client's credit card within 7 business days.  All rental periods are week to week for 1 week periods and all rental fees are not divisible for any reason.  That is, if the rental unit is in the Bailee's possession for 1 week and 1 day, two (2) weeks of rental fees shall be considered earned.


BAILMENT: (A) This rental agreement hereby expressly sets up a bailment whereby the Owner "Bailor," VA Commercial Repair Solutions (VA CRS), is relinquishing possession of said Rental Unit, but not ownership, to the Client "Bailee" for safekeeping.  Bailee shall not move or remove the Rental Unit from the exact address and position where it is parked by the Bailor.  Nor shall, in any way, Bailee alter, fix, tamper with, adjust, or remove any component of the rental unit.  Any such effort(s) by the Bailee or an of its Associates shall be considered as "Tampering" and is expressly prohibited.  Should the rental unit fail for any reason because of a prohibited act including negligence, tampering, electrical surge or act of God, the Bailee shall be responsible for all costs of repair as provided by the Bailor at his usual hourly rate plus equipment marked-up by a customary 30%.  The Bailor shall at his sole discretion repair, replace or end the bailment within three regular business weekdays (in order to allow for the attainment of the proper parts should they be needed) of notice of equipment failure by the Bailee.   That is, the weekend cannot constitute any part of the Bailor's 72 hours to Repair or Replace the Rental Unit or Cancel the Bailment; therefore, if notice of Equipment Failure is given to the Bailor on Thursday or Friday, the Bailor has until the end of Tuesday or Wednesday, respectively, to repair or replace the equipment or end the bailment. Then up to 72 hours to remove the Rental Unit.  During the entire span of the Rental Bailment, the Bailee is responsible for the Rental Unit's safekeeping.

(B)  The Bailor at his sole discretion may end the Bailment for non-payment, and/or Bailor's inability to repair or replace the rental unit.


CANCELLATION OF RENTAL BAILMENT:  Upon Bailor's receiving Notice of Cancellation from the Bailee, or The Bailee's Receiving Notice of Cancellation from the Bailor, the Bailor shall have 72 hours to pick-up and remove the Rental Unit, during which time the rental fees continue to accrue.

(A) Cancellation of Bailment by Bailee shall be emailed to the Bailor at the email address noted below in the Signature Section and clearly typing "CANCELLATION OF BAILMENT" in the subject, restating same and the reason in the body of the email.

(B)  Cancellation of Bailment by Bailor shall be emailed to the Bailee at the email address noted below in the Signature Section and clearly typing "CANCELLATION OF BAILMENT" in the subject, restating same and the reason in the body of the email.


RENTAL UNIT SET-UP:  The client is responsible to provide adequate space for the rental unit on a level and firm surface.  Bailor will then park and provide reasonable leveling of the rental unit.  The client shall have a fully Licensed and Insured Electrician attach an Independent electrical circuit to power up the Rental Unit.  The independent circuit shall have proper polarity where required, use all properly gauged wire with exact MOPD, shall contain an Independent and proper Ground Wire, separate independent Neutral Wire and one or two Independent Hot wires in order to provide 115V, 208V or 240V, respectively, per the manufacturer's specifications.  The Bailee and/or his or her associate shall only be allowed to adjust the Temperature Controller.


INDEMNIFICATION:  The Bailee hereby indemnifies and holds the Bailor harmless and not responsible for any loss incurring to or borne by Bailee, its successors, heirs or associates prior to arrival of the rental unit, during the course of the Bailment and/or thereafter for food spoilage, loss of business or that of any business or personal assets for any reason.  Any such loss or spoilage regardless of the cause of the loss may not be held against this rental agreement, the Bailor, Its employer, associates, successors or heirs.  Should the Rental Unit fail or the Bailment ended for any reason by either party, the Bailee may have up to three (3) hours to clear out any food or assets from the Rental Unit and clean it.  The Bailee shall hold the Bailor Harmless for any food or other assets left in the Rental Unit.


CONDITION OF RENTAL UNIT:  A $500 cleaning fee will be charged if the rental unit is not returned cleared out, clean and odor-free, regardless of when or for what reason the rental unit is picked up.


LIEN ON BUSINESS LOCATION AND/OR ASSETS and CLAIM AGAINST INSURANCE:  If it becomes necessary, the Bailee hereby understands and accepts a Lien against its business's physical location and/or assets in order to secure the safe return of the Rental Unit and associated equipment as well as any fees earned under this agreement.  The Bailor may file an insurance claim and its insurance company may subrogate any losses against the Bailee's applicable insurance carrier.


SEVERABILITY of this AGREEMENT: If a Court in the proper venue shall find any part of this agreement unenforceable, the rest of the agreement shall remain fully enforceable as if the particular unenforceable clause never existed.


VENUE: Augusta County, VA.


SIGNATURE SECTION

I have read this entire agreement.  I have had an opportunity to address any questions that I had.  I am of legal age, and possess the legal capacity and agency to sign this agreement thereby binding myself and the company that I hereby represent in this agreement as detailed herein above.


BAILOR                                                                                   BAILEE

Date:  _____/_____/202__                                                      Date:  _____/_____/202__


BY: ______________________________________, CEO           BY: ___________________________________________, _________

on Behalf of:                                                                           Personally and On Behalf of:

VA Commercial Repair Solutions, LLC 

1537 Jefferson Hwy., Fishersville, VA  22939                    _________________________________________________________

VACommercialRepair@gmail.com                                   Address: ________________________________________________

Printed: _______________________________________           _________________________________________________________

                                                                                                   _________________________________________________________

                                                                                              _________________________________________________________

                                                                                                  Printed: _________________________________________________

NOTARIZED BY:                                                                 Email:  __________________________________________________

X ______________________________________________         


Print: __________________________________________           STAMP

Address: _______________________________________

________________________________________________

________________________________________________

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Last Edited: 12/5/2022                                                                                                                              End Of Document

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