Terms & Conditions
Terms and Conditions of Use
Changes to the Terms
Inspection of Equipment
Upon receipt of the Equipment, Lessee acknowledges that he or she had an opportunity to examine each piece of Equipment and that all of the Equipment is in good condition and satisfactory for the purposes for which Lessee shall use it. Lessee agrees that it is presumed that he or she has fully inspected each piece of Equipment and the Equipment shall be deemed in good condition and satisfactory upon Lessee’s acceptance, unless Lessee provides written notice to Boxzilla to the contrary prior to acceptance.
Payment, Use, and Control of Equipment
You agree to pay the invoice amount upon receipt of the Equipment.
Lessee acknowledges that it is the sole responsibility of Lessee to return the Equipment to Boxzilla by the agreed upon date and in the same condition that Lessee received it.
Lessee will not alter, disfigure, damage, or otherwise effect the Equipment in any way. The Lessee acknowledges that he or she is fully responsible for the Equipment and will exercise caution and care while using the Equipment. Lessee will not give the Equipment to a third-party and will not sublease or transfer the Equipment. The Equipment shall remain in the Lessee’s care and control until it is returned to Boxzilla.
Lessee shall keep all Equipment protected and maintained and ensure that it is returned in good condition, as received.
You are required to notify Boxzilla at least 24 business hours before your scheduled delivery time if you wish to cancel your reservation. Cancelling your reservation without providing the 24 business hour notice will result in a Cancellation Fee of $50.00.
In the event the Equipment is not ready for pick up by Boxzilla at the scheduled time, a Late Fee of $25.00 per day will be automatically imposed until the Equipment is returned to Boxzilla. If the Equipment has not been returned 30 days after the scheduled pick up date, Boxzilla will presume that you intend to keep the Equipment, and you will be charged the full retail price for each piece of Equipment that has not been returned. The full retail value of one box is $24.99 and the full retail value of one dolly is $75.00.
Risk of Loss
Boxzilla is not responsible for any theft, loss, destruction, or any type of damage from any cause to property, material, or equipment owned by Lessee or any third-party. This includes items placed in or moved in any of Boxzilla’s Equipment. Lessee is responsible for packing their personal belongings in a manner to avoid any damage; therefore, Lessee agrees that Boxzilla is not responsible for any damage that may result to Lessee’s property or any items that may be damaged using Boxzilla’s Equipment. Boxzilla is not responsible for any personal injury that may arise from the use of the Equipment. Lessee assumes the risk of loss to their property and the property of others and will be solely responsible for any damage or loss caused.
Boxzilla shall at all times retain ownership and title to all Equipment. Lessee shall, at their expense, protect and defend Boxzilla’s ownership against all persons, at all times, keeping the Equipment free from any legal process or encumbrance whatsoever, including but not limited to liens, attachments, levies, and execution and shall give Boxzilla immediate written notice thereof and shall indemnify Boxzilla from any loss caused thereby, including for any and all attorney fees and costs.
Limitation on Liability
a. Rental Equipment
Boxzilla will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, or computer virus. Boxzilla will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or inability to use, the materials in this Website, even if there is negligence or Boxzilla or one of Boxzilla’s Agents has been advised of the possibility of such damages, or both. Boxzilla’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to Boxzilla to access the Website, which in all cases, will be $0.00.
Disclaimer of Warranties
a. Rental Equipment
Boxzilla hereby disclaims any implied of express warranties, guarantees, and representations of the nature, condition, safety, or security of the Equipment, including any warranties of merchantability or fitness for a particular use or purpose. Lessee hereby acknowledges and agrees that Boxzilla does not represent or guarantee the safety or security of the Equipment or of any property stored therein and this agreement does not create any contractual duty for Boxzilla to create or maintain such safety or security. Lessee further acknowledges and understands that Boxzilla makes no assurances or guarantees regarding the time of pick-up or delivery of the Equipment.
You understand that Boxzilla cannot and does not guarantee or warrant that any files from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BOXZILLA NOR ANY PERSON ASSOCIATED WITH BOXZILLA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BOXZILLA NOR ANYONE ASSOCIATED WITH BOXZILLA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BOXZILLA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Waiver and Severability