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EASILY AFFORDABLE
Terms & Conditions
BY ACCEPTANCE AND USE OF THIS EQUIPMENT, CUSTOMER IS BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
A.
RENTAL TERMS AND CONDITIONS Customer hereby rents from Pneu-Mobility, Inc. (hereafter known as Pneu-Wave) the Equipment pursuant to the following terms and conditions:RENTAL PERIOD. Equipment is rented on a monthly basis. The rental period shall commence on the date Pneu-Wave ships Equipment to Customer and shall be automatically extended under all the terms and conditions hereof until the date the Equipment is returned to the possession of Pneu-Wave.
RENT. Customers shall pre-pay Pneu-Wave the full amount of the first ordered Rental Period to include shipping charges from Pneu-Wave to Customer. All sales and use taxes imposed thereon apply. Each subsequent Rental Period will be billed in one month increments and charged to Customer credit card.
DELIVERY AND RETURN. All Equipment is provided FOB Lehigh Valley, PA. Shipment will be made by UPS. Unless Customer notifies Pneu-Mobllity to the contrary within 72 hours of this delivery notice, it shall be conclusively presumed that the Equipment was delivered to Customer in good operating condition. Equipment must be returned to Pneu-Wave by the same method as originally forwarded by Pneu-Wave to Customer, using the same original shipping containers, packing materials and methods. Customer shall return Equipment to Pneu-Wave in good operating condition, normal wear and tear excepted.
WARRANTY: PNEU-WAVE'S LIABILITY. Pneu-Wave hereby warrants to Customer only that each item of Equipment, when shipped, will be in good operating condition. Customer's damages for any breach by Pneu-Wave's of such warranty with respect to an item of Equipment shall be limited to the direct damages caused by a defective operating condition which could not reasonably have been discovered by Customer after the delivery to it of such item, but in no event shall exceed the total rental fees paid by Customer for such item. The foregoing warranty and damages for breach thereof are the exclusive warranty and damages are in Lieu of any oral representation and all other warranties and damages, whether expressed, implied or statuary.
OWNERSHIP: USE. The Equipment shall remain the property of Pneu-Wave and is provided to Customer solely on a rental basis. Customer shall not remove, sublease, rent, transfer, assign, sell, alter, modify or encumber any item of Equipment without Pneu-Wave's prior written consent.
SERVICE. Pneu-Wave shall, at its expense, endeavor to repair or replace any item of Equipment which is found to be defective during the Rental Period. In the event an item of Equipment does not operate properly, Customer shall notify Pneu-Wave and request instructions before taking any remedial action or before returning it to Pneu-Wave.
SAFEKEEPING. Customer is responsible for the safekeeping of all Equipment and shall bear the risk of any loss, theft, damage or destruction of the Equipment. In the event that any item of Equipment requires repair as a result of accident or Customer's unauthorized tampering or repair or negligence, misuse or abuse of such item, Customer shall bear the entire cost thereof, including shipping costs. At Pneu-Wave's option, Customer shall either replace or pay the replacement cost of any item which is lost, stolen, destroyed or damaged beyond repair. Until an item has been repaired, replaced or the replacement cost thereof has been paid by Customer, the Rental shall continue and the Customer shall continue to pay a Monthly Rental Fee with respect thereto.
OBJECTION TO AGREEMENT. If Customer objects to any terms or conditions of the Agreement, Customer shall notify Pneu-Wave in writing of Customer's specific objections within 72 hours after receipt of the Agreement. Such objections shall not be binding upon Pneu-Wave unless received by Pneu-Wave within such period and Pneu-Wave agrees in writing to such amendments to the Agreement. Pneu-Wave reserves the right to reject Customer's objections to the Agreement and to terminate the Agreement. If such termination occurs, Customer immediately shall return the Equipment in good operating condition by UPS and shall pay any amounts due thereon to Pneu-Wave.
INDEMNIFICATION OF PNEU-WAVE. Customer shall indemnify, hold harmless and defend Pneu-Wave from all claims, action and damages, including attorney's fees, arising out of the Equipment and its use, rental possession, operation, condition, purchase and return, including without limitation any such claims arising out of theory of strict liability in tort, which obligations shall survive termination of the Agreement.
MISCELLANEOUS. The terms hereof set forth the entire Agreement between Pneu-Wave and Customer with respect to the Equipment.
B. RENTAL CONVERSION TO PURCHASE TERMS AND CONDITIONS
Provided that Customer is not default under this Agreement and a current Rental Period is in effect, Customer has a purchase option hereunder: Customer shall be entitled to purchase the Equipment, pursuant to the applicable terms and conditions that follow.
1. PURCHASE NOTIFICATION. To exercise the Purchase option, Customer must notify Pneu-Wave by email of rental conversion to purchase and complete the conversion process during an effective Rental Period.
2. PURCHASE PRICE. The Purchase Price shall be either:
a. The Purchase Price stated on the rental invoice reduced by 60% of any rental payments
b. 36 rental payments over 36 months.
3. PARAGRAPHS A9, A10 shall apply to sales transaction