Basic Training Terms and Conditions
Rental Agreement Terms and Conditions:
1. Subject to this Used Writer Rental Agreement, StenoWorks, Inc. rents a working as-is professional steno machine to the student(renter) and the student rents the Equipment from StenoWorks, Inc.
2. The term of the rental of the equipment will be approximately 6-8 weeks depending on the particular program, unless terminated earlier in accordance with Section 10 below. Student may terminate this Agreement at any time upon written notice and return of the Equipment to StenoWorks. StenoWorks may terminate this Agreement upon written notice to the student. Student and StenoWorks may extend the Term upon mutual agreement in writing.
3. Student shall pay rent of $50. Rent is due and payable before shipment.
4. StenoWorks will pay for FEDEX or UPS ground shipping both ways. A return shipping label will be provided along with return instructions in an envelope labeled "IMPORTANT DOCUMENTS". This program is currently only provided in the continental US. Additional charges are applicable to AK and HI. Student will be responsible for any other delivery charges.
5. Except as specifically provided in writing otherwise, the Equipment is rented as-is. The student should inspect he equipment to make sure the equipment is in acceptable working condition when it arrives. If Student provides written notice, within five (5) business days of delivery, of any material defect in the Equipment, StenoWorks will replace the Equipment at no additional expense to Student. Student shall be deemed to have accepted the Equipment if Student uses the Equipment or fails to provide written notice of any material defect within five (5) business days after delivery.
6. Student must use the Equipment in compliance with applicable operating manuals and instructions and must keep the Equipment in good operating condition, reasonable wear and tear accepted. StenoWorks will provide limited tech support on the equipment. Student must promptly notify StenoWorks of any mechanical failures or defects in the Equipment. Student may not alter or repair, and may not cause or permit any person to alter or repair, the Equipment without StenoWorks’ prior written consent, which StenoWorks may withhold in its absolute discretion.
7. StenoWorks will remain the owner of the Equipment throughout the Term. Student has no interest in the Equipment except as expressly set forth in this Agreement. Student shall not permit, and shall indemnify StenoWorks for, any claim, levy, lien or legal process issued against the Equipment.
8. Student shall return all Equipment in substantially the same condition in which such Equipment was received and shall fully indemnify StenoWorks for any damage to the Equipment while the Equipment is in Student's care, custody and control. If the Equipment is lost, stolen or destroyed while in the Student's care, custody and/or control, then Student must pay to StenoWorks the sum of Five Hundred Dollars ($500) as compensation for loss or destruction of the Equipment. The Student shall immediately notify StenoWorks if at any time during the Term the Equipment is lost, stolen, damaged or destroyed.
9. Exclusive Obligation. The sole and exclusive obligation of StenoWorks shall be to repair or replace the defective Products in the manner and for the period provided above. StenoWorks shall not have any other obligation with respect to the Products or any part thereof, whether based on contract, tort, strict liability, or otherwise. Under no circumstances, whether based on this Agreement or otherwise, shall StenoWorks be liable for incidental, special, or consequential damages.
10. If Student fails to perform or observe any provision of this Agreement (such event being an “Event of Default”), then StenoWorks may do any or all of the following: (i) terminate this Agreement, (ii) recover from Student all damages incurred by StenoWorks as a result of the Event of Default; (iii) take possession of the Equipment, wherever it may be located, without demand, notice court order or other process of law, and without liability to Student, its agents, employees, and contractors for any resulting damage; and/or (iv) pursue any other remedy available at law or in equity. Notwithstanding anything in the foregoing to the contrary, upon an Event of Default, Student acknowledges that StenoWorks is entitled to obtain an immediate writ of possession of the Equipment, without posting a bond, which requirement Student expressly waives. StenoWorks’ remedies are cumulative.
11. If Student fails for any reason to return the Equipment as and when required, or to make arrangements to enter into another rental agreement then monthly rent will ensue after the initial 8-week rental period. StenoWorks shall be entitled to assess and demand continued Rent ($50.00/month), and Student shall pay such Rent until the Equipment is returned.
12. If any rental installment is not paid within three (3) days of the due date, the renter shall pay to StenoWorks a $25.00 late fee. If your credit card is declined for any reason and the installment remains unpaid, StenoWorks will notify you by email or phone. Rental payments and service charges not received within thirty (30) days of the invoice due date will be assessed interest on the amount due from the invoice date through the date of payment of: 12% per annum. In the event of default in the payment of any of the said installments, said service charges, or said interest when due as herein provided, time being of the essence hereof, the Renter without notice or demand, declare the entire retail value of the equipment, then unpaid, immediately due and payable. StenoWorks may, with or without notice to the Renter, cause additional parties to be added hereto, or revise, extend, or renew this agreement or extend the time for making any installment provided for herein, or accept any installment in advance, all without affecting the liability of StenoWorks.
13. StenoWorks reserves the right to post charges to any credit card or other form of payment on file for Student for damages or other delinquent amounts under this Agreement if such amounts are not paid in full. Student hereby expressly consents to such charges.
14. StenoWorks is informing all parties that if any account is more than 30 days past due that the account will be turned over to a third-party collection agency that will have sole discretion to collect such debts.
15. This Agreement and the parties’ rights and duties will be construed and interpreted in accordance with Florida law, without regard to its choice of law rules. If any term of this Agreement or its application to any circumstance is invalid, the balance of the terms will remain effective.