This Rental Agreement (“Agreement”) is entered on the date of your Order as dated in your order confirmation (“Effective Date”) between Roomie Incorporated (“Company”) and the customer as stated on the order confirmation (“Customer”).
Company rents beds for use by college students. Customer wishes to rent a bed from Company, and Company wishes to rent a bed to Customer, all as set forth herein.
- Rental Property. The rental property consists of a single bed frame, bed bug or inner cover, and one mattress or twin XL to full XL conversion topper (collectively “the Rental Property”). The Rental Property shall be used exclusively at the premises located within the college dorm or off-campus residence (“the Premises”) and shall not be moved or relocated without Company’s express written consent with may be withheld for any reason.
- Customer shall pay the agreed upon price as stated on the order confirmation and/or order form (“the Lease Price”) to lease the Rental Property for the Term (as defined below). Payment in full shall be made at the time of execution of this Agreement by Customer.
- The Rental Property shall be delivered on or before the start of the academic term, as defined by the first day of classes outlined in the academic calendar. Customer shall be present at Premises to receive delivery. If Customer is not present at the scheduled delivery, Company may, in its sole discretion, cancel this Agreement and refund Customer’s payment less the reasonable costs of delivery and any other damages.
- Customer may cancel this Agreement within 14 days of the Effective Date (“the Cancellation Period”). To cancel, Customer shall notify Company of its intent to cancel during the Cancellation Period and shall promptly coordinate with Company to schedule a time for Company to pick up the Rental Property. Provided that the Rental Property is undamaged and in the same condition as when delivered to Customer, Company shall refund the Lease Price to Customer. In the event of damage to the Rental Property while it is in Customer’s possession, any recovery to which Company is otherwise entitled pursuant to this Agreement shall be deducted from the Lease Price returned to Customer, or, if the recovery to which Company is otherwise entitled pursuant to this Agreement exceeds the Lease Price, the Lease Price shall be credited to any amount owed by Customer.
- The Term of this Agreement shall begin on the Effective Date and continue through the date on which Company retrieves the bed from Customer (“the Retrieval Date”). The Retrieval Date shall be set by Company (in consultation with Customer) and shall be between the last day of classes and the last day of final examinations.
- Notice of Defect. If any part of the Rental Property is damaged or defective upon delivery to Customer, Customer shall promptly notify Company and the damaged or defective part shall be replaced at Company’s expense. Upon the conclusion of the Cancellation Period defined above, the Rental Property shall be conclusively presumed to have been delivered free of defect or damage.
- Customer shall be responsible for any damage to any part of the Rental Property (normal wear and tear excepted).
- Exclusion of Warranties. The Rental Property is leased “AS IS”. Company explicitly disclaims any and all warranties, express and implied, including without limitation any warranties of merchantability of fitness for a particular purpose.
- Waiver and Limit of Liability. Customer forever waives any claim or cause of action that may accrue or it may have or assert against Company, whether in contract, tort, or otherwise, for any personal injury (including without limitation wrongful death) or property damage caused or alleged to be caused in any way by the Rental Property. This waiver includes without limitation any claim of injury or damages arising in whole or in part out of the presence of the Rental Property on any premises, any use of the Rental Property, the removal or relocation of any property to or within any premises, infestation, damage or destruction of real or personal property, or otherwise. The foregoing notwithstanding, in any claim of any nature, including claims against Company for breach of this Agreement, Customer shall not be entitled to receive damages in excess of the amount it paid pursuant to this Agreement. Customer shall not be entitled to fees, costs, inchoate damages, or attorneys’ fees.
- This Agreement shall inure to the benefit of each party, its successors and assigns, and shall be binding on each party and its successors and assigns. Neither party may assign or delegate its rights or obligations under this Agreement without the prior written consent of the other party. Any assignment made without such written consent shall be void. If either party files suit with respect to the interpretation or enforcement of this Agreement, the prevailing party shall be entitled to recoup from the other its costs, including without limitation its reasonable attorneys' fees, in bringing or defending such proceedings. Each party acknowledges the receipt and sufficiency of the consideration set forth in this Agreement. In no event shall either party be liable to the other for any incidental, indirect, special, consequential, or punitive damages, regardless of the nature of the claim or liabilities to third parties arising from any source, even if the party to this Agreement has been advised of the possibility of damages. This Agreement shall be construed pursuant to the laws of New York State without regard to that jurisdiction's choice of law provisions. Any lawsuit brought to interpret or enforce the provisions hereof shall be filed in the federal or state courts with jurisdiction over (and where appropriate venue lies in) Kings County, New York. Each party waives any defense of lack of personal jurisdiction, improper venue, or forum non conveniens. This Agreement represents the entire understanding by and between the parties, and supersedes any other representations, promises, or statements not wholly consistent herewith. This Agreement may only be modified by a writing signed by both parties. Neither party shall be liable to the other if the performance of any obligation hereunder is rendered impossible by any circumstance beyond its control and not created by its own act or omission, including flood, fire, and other natural disasters, war, riot or social unrest, work stoppage, act of terrorism, and Acts of God. Each party shall resume performance pursuant to the provisions of this Agreement upon the abatement of the force majeure. Each party hereby represents and warrants that (i) it has the legal right and authority to enter into and perform the obligations set forth in this Agreement, (ii) execution and performance of this Agreement will not violate any valid court order or applicable law or legal provision or constitute a breach of any contract or other obligation of such party, (iii) there is no other reason, currently existing or anticipated, that would render it unable to fully perform its obligations hereunder, and (iv) that this Agreement, upon execution and delivery, shall constitute a valid and binding obligation of each party and will be enforceable against such party pursuant to its terms. The provisions of this Agreement are severable. Should any part or portion hereof be deemed void or unenforceable by a court of competent jurisdiction, the remaining parts and portion shall remain in full force and effect. Failure of a party to enforce any provision of this Agreement shall not constitute a waiver of such provisions or of the right of a party at any time to avail itself of such remedies as it may have for any breach or breaches of such provision.