Terms & conditions
The information, services, products, and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty.
To the maximum extent permitted by law, Synergy Rents, LLC DBA Synergy Equipment or Opifex-Synergy and/or its affiliates, including but not limited to Opifex, LLC (hereinafter collectively referred to a “Synergy Equipment”), disclaim all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, Synergy Equipment does not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice. Due to the large amount of content and information provided, errors can and will occur. By visiting this website you agreed that Synergy Equipment shall be held harmless from all liability and responsibility for any and all errors or omissions in the information provided on this website. Synergy Equipment shall not be required or obligated to honor any price if said price is incorrect or inaccurate, regardless of whether the information was entered by Synergy Equipment.
LIMITATION OF LIABILITY:
In no event shall Synergy Equipment be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if Synergy Equipment has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
IMAGES, LOGOS, TRADEMARKS & COPYRIGHT:
The images, logos, copy and trademarks contained in this site, including but not limited to the text, images, audio or video, may not be used in any manner, or for any purpose, without Synergy Equipment’s express written permission, and are believed to be in the public domain or used with permission of the respective trademark or copyright holder. The information and images on this site may not in any way be used in any manner, or for any purpose, without the express written permission, of Synergy Equipment or the official holder of the copyright or trademark. Please contact Synergy Equipment if you have questions or concerns about the site content.
ACCEPTANCE OF ORDERS:
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Synergy Equipment reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. By placing a credit card order, the customer grants the Synergy Equipment permission to contact their bank to verify name and address.
LINKS TO EXTERNAL SITES:
This site may contain links to other websites on the Internet that are owned and operated by third party vendors and other third parties (hereafter referred to as "External Sites"). You acknowledge that Synergy Equipment is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
LOSS AND DAMAGE WAIVER.
(A) Except as otherwise provided herein below, Customer shall be solely responsible for all loss of or damage to equipment due to any cause whatsoever while on rental or in customer´s care, custody or control, whether or not due to fault or neglect of Customer, including, but not limited to fire, flood, theft, comprehensive losses, collision and upset, and acts of God. Prior to the inception of equipment rental, Customer shall provide the Company with proof of insurance coverage for rented equipment in the form of a Certificate of Insurance (COI) which names the Company as the certificate holder, and contains policy limits in an amount satisfactory to the Company, in its sole determination, which COI shall affirmatively state that there is no maximum amount of coverage "per item" of equipment less than the total coverage limits stated in the COI. If Customer rents equipment without providing a satisfactory COI to the Company, then Customer will be required to purchase from the Company a loss and damage waiver at the inception of the rental, at the Company´s customary rate. Subject to the exceptions and exclusions set forth in Section B hereinbelow, if Customer pays the Company´s fee for loss and damage waiver, Customer shall not be responsible for loss of or damage to equipment. Additionally, even if Customer pays for loss and damage waiver, it shall still remain responsible for that portion of the total loss or damage amount which is less than the greater of (a) $1,000.00 per item of equipment, or (b) 100% of three (3) times the 4 week rental rate then in effect, per item of equipment. Customer shall also be responsible to the Company for all rental charges which accrue during the time equipment is being repaired. Customer acknowledges that the loss and damage waiver is not intended to be, and does not constitute a policy of insurance.
(B) Notwithstanding that Customer has purchased the loss and damage waiver from the Company, Customer shall be liable for 100% of all loss of or damage to equipment if equipment is damaged due to: (i) excessive load exceeding rated capacity, or improperly secured or coupled load (ii) failure of customer to perform all normal periodic service, adjustments and/or lubrication of equipment (iii) abuse, storage or operation of equipment in a manner inconsistent with equipment manufacturer´s instructions, (iv) loss or damage occurring during and as a result of riot, strike, or civil unrest (v) negligent or abusive use, storage or operation of equipment, (vi) equipment striking overhead objects (vii) loss or damage occurring during the loading, unloading or transportation of equipment (viii) use or operation of equipment in a manner other than its intended purpose (ix) loss or damage by nuclear reaction, nuclear radiation, or radioactive contamination (x) disappearance, theft or conversion of equipment, or any part thereof, (xi) loss or damage associated with equipment upset or rollover, leaving keys on the equipment when not in use, exposure of equipment to corrosive materials, damage due to acts of God, such as floods, wind, storms or earthquakes, damage due to tires, tubes or tracks, damage due to operating equipment in or near fires, use of improper fluids, or (xii) loss or damage due to any other failure of customer to comply with this Agreement. In the event of loss due to theft, disappearance of equipment, or vandalism to equipment, Customer shall immediately file a report with law enforcement and provide the report and incident number generated by the law enforcement authority to the Company as soon as it is available.
See Rental Terms
