Terms and Conditions

PLEASE READ THE TERMS AND CONDITIONS (THE “TERMS”) COMPLETELY BEFORE PURCHASING ANY PRODUCTS (AS HEREIN DEFINED), AS YOUR PURCHASE OF THE PRODUCTS CONSTITUTES YOUR ACKNOWLEDGEMENT AND UNCONDITIONAL AGREEMENT TO BE BOUND BY THE TERMS.

The purchase of any and all products and other items (individually, a “Product” and collectively, the “Products”) from Aaron & Company, Inc. (“Aaron”), including without limitation, the purchase of Products or services, whether by written order, telephone, in-person, E-mail, from Aaron’s website, mobile site, or any other mode or medium of order and/or purchase are subject to the Terms. The Terms comprise a legal agreement between you (“Customer”, “You” or “Your”) and Aaron and are incorporated herein by reference. A written copy of the Terms will be provided to you by Aaron upon your request. Aaron may change the terms and conditions at any time and from time to time. Placement of orders and/or purchases following any such change constitutes your unconditional agreement to be bound by the changed Terms.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PRODUCTS, THE AARON WEBSITE AND ALL CONTENTS OF THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATION OR WARRANTIES OF ANY KIND. AARON EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NON INFRINGEMENT. THIS DISCLAIMER INCLUDES ANY ORAL WARRANTIES OR REPRESENTATIONS MADE OR IMPLIED BY ANY AGENT, EMPLOYEE, SUBCONTRACTOR, MANAGER, DIRECTOR AND/OR REPRESENTATIVE OF AARON.

The Products are covered solely by specific manufacturers’ warranties, if any. The Customer, at the Customer’s expense, is responsible for complying with all terms of any such manufacturer warranties, including without limitation, completion and return of any and all registration materials.

NestTM Products and Nest-Licensed “Third Party Products” or “Works with Nest Products”

All Nest Products, Third Party Products or Works with Nest Products sold by Aaron are intended for professional installation only.

IMPORTANT INFORMATION FOR AARON CUSTOMERS ON NESTTM THIRD PARTY PRODUCTS

“Third Party Products” or “Works with Nest Products” means any products not manufactured by or on behalf of Nest that Aaron may procure from Nest directly or through Nest’s authorized distributors, which may include certain Works with Nest Products, that Aaron may have available for sale to Aaron Customers.

Nest disclaims all express and implied warranties with respect to Third Party Products sold to Aaron Customers.

Subject to Aaron’s warranty policies, Aaron Customers may obtain a warranty on Third Party Products, if any should exist, solely from the manufacturer of Third Party Products.

In the NEST DISCLAIMER OF ALL WARRANTIES FOR THIRD PARTY PRODUCTS below, “RESELLER” means Aaron and “Buyer” means Aaron’s Customer.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, RESELLER AND ANY BUYER OF THIRD PARTY PRODUCTS ACKNOWLEDGES THAT ALL THIRD PARTY PRODUCTS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE THIRD PARTY PRODUCTS REMAINS WITH THE BUYER OF SUCH THIRD PARTY PRODUCTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEST EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE THIRD PARTY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES PROVIDED (INCLUDING IN WRITING) BY THE MANUFACTURERS, SUPPLIERS, DISTRIBUTORS, OR RETAILERS OF THE THIRD PARTY PRODUCTS. THIRD PARTY MANUFACTURERS, SUPPLIERS, DISTRIBUTORS, OR RETAILERS MAY PROVIDE WARRANTIES DIRECTLY TO RESELLER OR ANY OTHER BUYER OF THE THIRD PARTY PRODUCTS. TO THE EXTENT AVAILABLE, NEST WILL PASS THROUGH TO RESELLER AND ANY OTHER BUYER OF THIRD PARTY PRODUCTS ANY TRANSFERABLE, WRITTEN WARRANTIES PROVIDED BY THE APPLICABLE THIRD PARTY MANUFACTURER, SUPPLIER, DISTRIBUTOR, OR RETAILER ASSOCIATED WITH THIRD PARTY PRODUCTS PURCHASED FROM NEST HEREUNDER. IF ANY THIRD PARTY PRODUCTS PROVE DEFECTIVE AFTER PURCHASE, THE BUYER OR THE APPLICABLE THIRD-PARTY MANUFACTURER OF SUCH THIRD PARTY PRODUCTS, AND NOT NEST, MUST ASSUME ALL SERVICE AND REPAIR COSTS.

Advice and Assistance

Upon request, Aaron, in its sole discretion, may provide, as an accommodation to Customer and/or the end user of Products, technical advice and/or assistance regarding the Products furnished, including without limitation, take-offs and material lists. Notwithstanding anything herein contained to the contrary or at law or in equity, Aaron shall have no obligation and disclaims, and Customer hereby releases and shall indemnify, defend and hold harmless, Aaron from all liability for any advice and/or assistance given and/or results obtained thereby. Any action taken by Customer and/or the end user of the Products, which is in any way influenced by Aaron’s advice and/or assistance, is at Customer’s sole risk.

Pricing and Availability

Products displayed at Aaron’s locations, catalog, and website are available while supplies last. In some cases, Products displayed for sale may be special order, out of stock, backordered or no longer available. Prices are subject to change, without notice, at the sole discretion of Aaron. Aaron shall have the right to refuse or cancel any orders whether or not the order has been confirmed and/or you have been charged for the order. If you have already been charged for the purchase and your order is cancelled, Aaron shall credit or refund the purchase.

Taxes

All taxes and other charges imposed by present and future federal, state, or local governments on the manufacture, sale, shipment, import, export, use or installation of the Products shall be paid solely by Customer. It is Customer’s obligation to provide Aaron with a tax exemption certificate, where applicable. Unless otherwise specified, prices do not include such taxes.

Product Display

Aaron has attempted to accurately display the Products that appear on its website and in its catalogs, brochures and promotional materials. However, Aaron cannot guarantee that the depictions provide by manufacturers accurately display the Products or that, with respect to Products viewed on Aaron’s website, your monitor’s display of any color or texture of detail of Products will be accurate. The descriptions of the Products may contain technical and/or other inaccuracies and typographical errors.

Indemnification

The Customer herby agrees to indemnify, defend, and hold Aaron, Aaron’s licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (all of the foregoing personas and entities, collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by any of the Indemnified Parties in connection with, directly or indirectly, any claim arising out of (i) any breach by Customer of these Terms or claims arising, directly or indirectly, from your use of this website and/or your account(s); (ii) Customer’s failure to follow specifications, instructions, warnings or recommendations furnished by Aaron & Company and/or any manufacturer; (iii) Customer’s failure to comply with all applicable legal requirements, including but not limited to, uniform, national and/or local building codes, laws, ordinances, codes, rules and regulations (collectively, “Laws”) and any failure to obtain all permits, licenses and approvals of any applicable governmental jurisdiction; (iv) intentional and/or negligent use and/or misuse of the Products by Customer; (v) any misrepresentation and/or omission by Customer; (vi) the sole or contributing negligence of Customer, including without limitation, in workmanship and/or installation of the Products; (vii) the breach of any representations, warranties or covenants of Customer hereunder; or (viii) the alleged infringement of any patent, trademark, copyright and/or as a result of Aaron’s performance in accordance with Customer’s installation, designs, plans or specifications. Customer hereby waives and releases Aaron from all rights of contribution or indemnity to which Customer may otherwise be entitled. Notwithstanding anything contained in any document to the contrary, Aaron shall not be liable for the acts, conduct and/or omissions of third parties, including, without limitation, the manufacturer, Customer, end user, and or the installer, and under no circumstances shall Aaron have any obligation to defend, indemnify or hold any Customer or any other person or entity harmless from any claims, liabilities, causes of action and/or costs (including attorneys’ fees) arising, directly or indirectly, from the acts, conduct or omissions of third parties, including, without limitation, the manufacturer, Customer, end user, and or the installer. As used in this paragraph, the term “you” and “Customer” shall mean you and your agents, officers, directors, employees, contractors, subcontractors, parents, subsidiaries, divisions, affiliates, heirs and assigns. The Customer is responsible for maintaining the confidentiality of username(s), password(s), and your account(s), as well as all activities that occur under your account(s).

Limitation of Liability

Aaron’s liability on any claim of any kind, including, without limitation, negligence and/or breach of contract, with respect to any Products and/or services provided to Customer, shall in no case exceed the price of the product or services or part thereof which gives rise to the claim. IN NO EVENT SHALL AARON BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR DAMAGES IN THE NATURE OF PENALTIES. This Agreement confers rights and remedies upon only the named beneficiary. No person, other than such named beneficiaries, has any rights or remedies under this Agreement.

Patents

Except as explicitly set forth in writing signed by an officer of Aaron, Aaron hereby disclaims any and all warranties against patent and/or other infringement. Aaron shall have no duty to defend, indemnify, or hold you harmless from and against any or all damages and cost incurred by you arising from the infringement of patents or trademarks or the violation of copyrights by the Products, services, and other items sold hereunder.

Miscellaneous

Certain Products sold by Aaron may be considered dangerous and/or hazardous and may only be sold to licensed professionals. In accepting these Terms, you indicate that you or the firm for whom you are accepting the Products, are licensed professionals and are aware of the danger in the use of such Products. You agree to release Aaron from any and all liability in connection with the use of these Products and fully indemnify Aaron against any claim of any nature arising out of or incidental to the use of these Products.

This Agreement constitutes the entire agreement between you and Aaron relating to the Products and/or services covered hereunder. No modifications shall be binding upon Aaron unless in writing and signed by Aaron’s duly authorized representative. No waiver by Aaron of any default or any section hereunder shall be deemed a waiver of any subsequent default or any other section of this Agreement, and in the event of such waiver, this Agreement shall otherwise remain in full force and effect. Captions used herein shall have no substantive significance.

Compliance with Laws

Customer represents and warrants to Aaron that Customer shall comply with all laws, ordinances, codes, rules and regulations of any applicable governmental jurisdiction (collectively “Laws”) relating to the Products and shall obtain all permits, licenses and approvals relating thereto, including, without limitation, required for the purchase, possession, use, installation, operation, removal and/or disposal of the Products.

Governing Law/Venue

Any suit involving any dispute or matter arising under this Agreement may only be brought in the courts of the State of New Jersey. Customer hereby consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding. In the event that any provision of this Agreement shall be finally determined to be unenforceable, such provision shall be deemed to be severed from this Agreement, but every other provision of this Agreement shall remain in full force and effect. With respect to any provision deemed unenforceable, Customer agrees that a court of competent jurisdiction shall have jurisdiction to determine what is enforceable to the maximum extent permitted by law.

The Customer agrees to waive, to the fullest extent allowed by applicable law, any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to the website, this Agreement and/or any Product, service and/or other items sold and/or purchased from Aaron.

Credit Terms and Conditions

Customers interested in establishing trade credit should contact the Aaron credit department or complete the credit application located on the Aaron website. Following approval by the Aaron Credit Manager, trade accounts will be provided with Aaron’s credit terms and conditions.

Interest at the lesser of 1.5% for each 30-day period (18% per annum) or the maximum rate permissible under applicable law will be charged on all amounts not paid when due, and Customer shall reimburse Aaron for all Aaron’s expenses incurred in collecting such accounts, including without limitation, attorneys’ fees and court costs.

SHIPPING AND RETURNS

Loss, Damage or Delay

Aaron shall not be liable for any loss, cost, expense, damage, detention, and/or delay resulting from causes beyond its reasonable control, and/or from strikes, work stoppages, and/or other action by workers, any act or omission of Government authority, Customer’s acts, insurrection and/or riot, war, embargo, car shortage, wreck, and/or delay in transportation, and/or inability to obtain necessary labor, materials, and/or manufacturing facilities from usual sources, acts of God and/or nature. All shipment, delivery and/or performance dates are estimated only and are not guaranteed and Aaron shall have no liability for, and you hereby release Aaron from, any liability incurred thereunder and/or with regard thereto. Cancellation of any part of an order shall not affect your duty to pay for our performance of any other part hereunder. Risk for loss, theft and/or damage shall pass to you upon our delivery of the Product to a carrier for shipment, and any loss or damage thereafter shall not relieve you from any obligation hereunder.

Return Policy

Aaron will only accept for return Products purchased directly from Aaron; however, warranty parts may be accepted at Aaron’s discretion, and a handling charge or fee may be added. Any material being returned for credit must be accompanied by the invoice on which it was purchased or the invoice number thereof. For a returned Product to qualify for credit, the Product must be a stock product at Aaron, in new and resalable condition, and must not have been used, installed, modified, altered and/or damaged. Products must be in the original packaging if applicable. Customer shall bear the risk for loss or damage during shipment to Aaron. No returns will be accepted without prior authorization from Aaron for non-stock items. Customer must contact Aaron to receive said authorization within thirty (30) days of the ship date in order for Customer to be issued a credit, subject to the terms and conditions listed below. COD shipments will not be accepted under any circumstances. A minimum of 25% restocking charge shall be applied to all returned non-stock Products to cover the cost of handling and inspection. Aaron may also charge a similar restocking charge for stock products unless otherwise noted.

Incorrect Material

  • Upon determination that Aaron has delivered an incorrect Product, an authorization by Aaron may be issued which allows for the return of the Product for credit. Customer must either return the Product to Aaron, at Customer’s expense, or make arrangements with Aaron for the return of the Products. Aaron will not assume responsibility for transportation charges unless arrangements are made in advance with Aaron.
  • Customer has an obligation to ascertain to correctness of all Products before any attempt is made to install the Products. Therefore, Aaron will not accept the return or issue credit for any Product, which bears any appearance of having been installed, totally or in part, nor will transportation expenses be paid for or reimbursed in connection therewith.

Defective Products

  • Defective returns are only permitted for Products purchased from Aaron that are inoperable or do not function in accordance with the specifications published by the manufacturer and are covered under a manufacturer’s warranty. All defective returns are subject to more restrictive manufacturer policies.
  • Aaron reserves the right to perform any tests it deems necessary, on site or on the Aaron premises, on any material claimed to be defective. Defective Products will be eligible for credit if the Product is found to be within the warranty upon return or inspection by the manufacturer or manufacturer’s representative. Customer credit will be issued after Aaron receives the manufacturer’s credit.

Stock Products

  • Once the Product is received, inspected, and otherwise determined to be in the condition required for return hereunder, a credit equal to the purchase price of the Product, less the applicable restocking charge, will be issued.

Special Order (Non-Stock) Products

  • For special orders (non-stock) of Products, all sales are final. The special order Products cannot be cancelled and may not typically be returned. Customer credit will be issued only if and when Aaron receives a manufacturer’s credit. Customer is responsible for all transportation, handling, manufacturers’ and other charges.

Products Purchased Through Aaron Kitchen and Bath Showrooms

SPECIAL SHOWROOM TERMS AND CONDITIONS ARE FOUND AT EXHIBIT I.

Refunds

  • Check refunds will be issued for amounts over $50.
  • Cash refunds will be issued for amounts under $50 as long as cash is received or a check has been deposited at least 7-10 days prior to return for cash refund.
  • For credit card purchases, credit will be issued back to the same credit card.

Fabricated and Made-to-Order Products

  • All made-to-order Products are final sale and are not cancelable once the order is placed with Aaron. There will be no authorization issued for return of any Products custom made or built-to-order, and any deposit paid by customer to Aaron will be forfeited by Customer.

Commodity Products

  • Aaron defines a commodity Product as a Product that is subject to frequent market fluctuations in price such as, but not limited, to copper, steel and plastic products.
  • Commodity Products determined to be in the condition required for return will be credited at the lower of the purchase price paid by Customer or the current market price of the Product and are subject to a minimum restocking charge of twenty-five percent (25%).

Additional Conditions

  • All requests for return must be made within thirty (30) calendar days from the date the Product is received.
  • All Products authorized for return must be received by Aaron within thirty (30) days from the date of issuance of authorization.
  • Any claims for shipping damages, discrepancies or shortages must be made in writing within three (3) business days from receipt of Product. Claims on direct ship items must be made with the carrier that delivered the product.
  • Notwithstanding anything contained herein or elsewhere to the contrary, Aaron reserves the right not to authorize the return of any Products that are no longer in production or are being produced by a manufacturer that is (i) insolvent; (ii) has declared bankruptcy; and/or (iii) will not accept returns from Aaron.
  • Some manufacturers charge a restocking fee or have more specific guidelines than listed above. If you return a Product with an additional manufacturer restocking fee, it will be deducted from the refund.

Tool Rental Program

THE EQUIPMENT RENTAL AGREEMENT IS EXHIBIT II TO THESE TERMS AND CONDITIONS.

EXHIBIT I

FORM OF AARON’S SPECIAL SHOWROOMS TERMS AND CONDITIONS


PAYMENT

Full payment is required at time of order.

SPECIAL ORDER PRODUCTS (Products or Materials Not Stocked by Aaron & Company, Inc.)

Special order products are non-returnable and non-refundable after Aaron has placed the order.
Customer’s initials are required.

FREIGHT

An in-bound freight charge may apply to special order products.

DELIVERIES

There will be a $15.00 charge for each scheduled delivery. Aaron utilizes one man for deliveries, the driver. Unless special arrangements are made, Aaron drivers will place orders in a garage. They cannot transport products to any other rooms. A responsible party must be at the delivery address to accept and sign for the delivery. If customer requests a delivery without a responsible party signature, customer’s initials are required: __________

SHORTAGES, DAMAGES, AND CONCEALED DAMAGES

Any shortages or damages must be immediately reported to the driver at the time of delivery. Customers will have 5 days to inspect orders for concealed damage. Please report any concealed damage to the sales person at the showroom where the material was purchased. If your sales person is not available, please ask for the manager or assistant manager at that location.

RETURNS

Returns are only allowed on stock items, must contain all original parts and packaging, and are subject to inspection and a restocking fee. Handling charges will not apply to stock items returned to any of our locations. A 15% handling charge will apply to stock items returned via our truck.

HOLDING MATERIAL

We will hold product for 2 weeks from the time the order is available for shipment.

WARRANTIES

Any warranties are available only through the manufacturer. Aaron & Company does not provide any additional warranties. In the event of a defective product, neither Aaron & Company, nor the manufacturer are responsible for any labor associated with the project.

PHOTOS AND CORRESPONDENCE

Unless otherwise requested, all customer-provided project photos and correspondence will become the property of Aaron & Company, Inc. and may be used for marketing or promotional purposes.


CUSTOMER SIGNATURE ________________________________ ORDER # ________________ DATE ___________

A signature is required at time of order. Customer acknowledges and understand the model #’s, style, finish, color and sizes of all products listed on this order. 3.7.19ver


EXHIBIT II

EQUIPMENT RENTAL AGREEMENT


This Equipment Rental Agreement (“Agreement”) is applicable to equipment rentals (“Equipment”) offered by Aaron & Company, Inc. (“Aaron”) to Aaron’s customers (“Customer”).

  1. Equipment Rental. Customer and Aaron agree that this Agreement shall apply to the Equipment leased by Customer from Aaron and that Aaron may, from time to time, modify, supplement and amend Article 10 to reflect the lease or return of Equipment by the Customer under this Agreement.
  2. Title to Equipment. Title to the Equipment shall remain at all times with the Aaron. No title or right to the Equipment shall pass to the Customer, except the rights herein expressly granted.
  3. Security Deposit. A security deposit (“Deposit”), may be required upon execution of this Agreement, and will be returned to the Customer only if the Customer has fully complied with all conditions of this Agreement, and returns the Equipment in a properly maintained and reusable manner. The amount of the Deposit shall be determined by Aaron.
  4. Duty to Inspect Equipment. Customer hereby agrees that upon receipt of the Equipment at the Aaron’s place of business, it has inspected and examined the Equipment, and its condition is acceptable for use for the purpose for which it was rented. Customer shall report immediately to Aaron any damages or defects in the Equipment upon receipt. Failure to notify the Aaron of any such damages or defects upon receipt of the Equipment at Aaron’s place of business shall constitute an acknowledgment by Customer that the Equipment is in good condition and in working order. Any subsequent damages or defects upon return of the Equipment will be attributed to the Customer.
  5. Maintenance and Alterations; Damages to Equipment. Customer shall only use the Equipment for its intended purpose and shall return the Equipment in good condition and working order, less normal wear and tear. Customer shall not change or alter the Equipment without Aaron’s prior written consent. Aaron shall be responsible for all regular maintenance of the Equipment. Customer assumes the risk of loss, damage, or destruction to the Equipment. If the Equipment is returned to Aaron damaged or missing parts, Customer agrees to pay all material and labor charges for repair. Customer authorizes Aaron to deduct from the Deposit or charge the Customer’s credit card provided for Deposit any necessary amount to repair the Equipment, or the full amount for the Equipment should the Equipment be damaged beyond repair. Violation of this Section 5 by the Customer shall void all maintenance obligations of Aaron.
  6. Use and Operation of Equipment. Customer agrees and represents that it is familiar with the proper use and operation of the Equipment. In the event that the Customer is not knowledgeable in the proper, safe and appropriate use of the Equipment, Customer agrees to immediately return the Equipment to Aaron. Customer further agrees that any operators utilizing the Equipment will be properly trained and knowledgeable in the use of the Equipment to avoid damage to the Equipment itself or injury to person or property.
  7. Term and Termination of Agreement. This Agreement shall continue in full force and effect until (a) the Equipment is returned by the Customer to Aaron and all amounts due hereunder have been paid, (b) the Equipment is purchased by the Customer on terms mutually acceptable to the Customer and Aaron, or (c) Aaron provides written notice of its desire to terminate the Agreement following an event of default, as identified in Section 11. Upon termination of this Agreement, the Customer will surrender, at the Customer’s cost and expense, the Equipment in good condition and in working order to Aaron. Notwithstanding the termination of this Agreement, the Customer shall continue to be responsible for the payment of all rental fees and charges incurred hereunder.
  8. Liability. During the term of this Agreement, the Customer shall be solely responsible for any loss or damage to the Equipment. Customer also agrees to indemnify and hold Aaron harmless from and against all losses, damages, injuries, claims, expenses (including attorney fees) and liabilities resulting from or incident to the use, operation or storage of the Equipment. Customer hereby assumes and shall bear the entire risk of loss for theft, damage, destruction or other injury to the Equipment from any and every cause whatsoever. No such loss or damage shall impair any obligation of the Customer under this Agreement, which shall continue in full force and effect.
  9. Rental Payment; Additional Fees and Interest. Aaron may require that Customer pay, as rent for the Equipment, all sums due for the rental term upon the execution of this Agreement. There shall be no credit for early return of the Equipment. The terms of this Agreement may not be modified orally, including by telephone with personnel of Aaron, and may only be modified by a written agreement executed by both the Customer and an authorized manager Aaron. Absent Aaron’s written consent to extend the term of this Agreement, the Customer agrees to any and all fees and charges associated with late returns, including being charged for the Equipment. Customer agrees that Aaron may charge the Customer’s credit card provided for a Deposit, if any, for all rental fees and charges in connection with this Agreement, and agrees that it may not contest any proper charges as set forth in this Agreement. In the event that the Customer disputes the charge, or if collection to recover the costs and fees associated with this Agreement, or to enforce any other provision of this Agreement, are required, Customer agrees to pay Aaron all attorney’s fees, costs, expert fees, and other expenses incurred in said collection action. Said right to attorney’s fees shall apply to the entire Agreement and not merely to this paragraph. Aaron may retain any and all deposits already deposited, and may charge the Customer’s credit card provided as a deposit the full amount (the rental fees and charges and the market value of the Equipment), upon any default hereunder. Any and all unpaid sums shall accrue interest at the rate of one and one half percent (1.5%) per month (18% per annum), unless any law limits the amount of interest that can be recovered and then the maximum legal rate shall apply.
  10. Daily Rental Fees. Customer agrees to pay the following fees per day for the leased equipment.
    • Ridgid 43358 RP340 Propress Tool W/ 1/2”-2” Jaw Kit - $75/day
    • Ridgid 20483 XL-C 2-1/2”-4” Propress Jaw kit - $60/day
    • Ridgid 20483 XL-C 2-1/2”-4” Propress Jaw Kit W/ RP340 Tool - $90/day
    • Ridgid 48553 1/2”-2” Megapress Jaw Kit - $70/day
    • Ridgid 48553 1/2”-2” Megapress Jaw Kit W/ RP340 Tool - $100/day
    • Maxipro 100002206 Conex Jaw Kit - $60/day
    • Maxipro 100002206 Conex Jaw Kit W/ RP340 Tool - $90/day

    Equipment options and Daily Rental Fees are subject to change at any time at Aaron’s sole discretion. Exact fees will be provided to the Customer at the point of transaction.
  11. Default and Remedies Upon Default. Customer agrees that the following shall be an event of default:
    • The failure to pay any fees or other amounts due to Aaron when due;
    • The improper use of the Equipment or the breach of any provision of this Agreement;
    • The death or legal dissolution, bankruptcy, imposition of a receiver, or other termination of ability to do business on the part of the Customer;
    • If any representation or statement by Customer is determined to be inaccurate or false, when made, whether intentional or negligent;
    • For any other breach or default by the Customer under any other Agreement between the Customer and Aaron; and
    • Should the Company learn that the Customer is unable or unwilling to perform its obligations under this Agreement followed by the failure of the Customer to properly respond to a request for assurances of its intention to perform upon such information.

    In the event of a default, then (i) this Agreement may be terminated by Aaron, (ii) Aaron shall have the right to repossess the Equipment by any legal means (and the Customer grants permission to Aaron to enter upon its premises to facilitate repossession of the Equipment, without notice), and (iii) Aaron shall be entitled to pursue any other remedies available to it at law and in equity. The Customer shall be obligated to pay all attorney’s fees, costs and expenses incurred in enforcing this Agreement.
  12. No Waiver. Waiver of breach or failure to strictly enforce the terms of this Agreement shall not preclude a party from asserting a subsequent or continuing breach or from otherwise requiring strict conformance with the terms of this Agreement.
  13. No Assignment. Customer understands that this Agreement may not be assigned or sub-rented to any other person. At all times, the Equipment must remain in the care, custody and control of the Customer. In the event that the Customer violates these provisions, Customer agrees to indemnify and hold Aaron harmless from and against all losses, damages, injuries, claims, expenses (including attorney fees) and liabilities resulting from or incident to the use, operation or storage of the Equipment.
  14. Warranties. AARON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SUITABILITY, DURABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, INFRINGEMENT, MERCHANTABILITY OR INTENDED USE. IN NO EVENT SHALL AARON BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RESULTING FROM ANY FAILURE OF THE EQUIPMENT OR ANY PERFORMANCE BY AARON.
  15. Entire Agreement. This Agreement, including the terms and conditions referenced below, constitutes the entire Agreement between the parties on the subject matter contained herein. This Agreement supersedes all prior oral or written agreements between the parties regarding the particular Equipment at issue (but does not supersede or negate any other rental agreements for other equipment that are in existence between the Customer and Aaron). Customer understands and agrees, and hereby represents, that it is not relying on any oral or written representation by Aaron, including by its employees, agents or representatives that are not expressly set forth in this Agreement or the accompanying documentation regarding the use of the Equipment. Any amendment or modification to this Agreement must be in writing and signed by both the Customer and an authorized manager of Aaron.

USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO AARON & COMPANY’S TERMS AND CONDITIONS AND PRIVACY POLICY.

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