1.
RENT PAYMENTS.
AW requires payment, on or before the delivery date of the Equipment, of
the initial Monthly Rate amount plus the Processing Fee and, if applicable, the
Delivery Fee described below.After
delivery, you agree to pay the Monthly Rate amount on or before the same day of
each subsequent calendar month for as long as you rent the Equipment from AW
and until the Equipment is returned to AW.
For example, if your Equipment was delivered on the 15th day
of the month, your Monthly Rate payment will be due thereafter on the 15th
day of each successive calendar month until the lease is terminated and AW has
picked up the Equipment.Your Monthly
Rate amount includes your rent payment and any applicable taxes.If AW notifies you of a rent increase, you
agree to pay the increased Monthly Rate beginning with the next Monthly Payment
date.
YOUR RENTAL AGREEMENT IS
NOT A PURCHASE AGREEMENT.YOU WILL NOT
BECOME THE OWNER OF THE EQUIPMENT NO MATTER HOW LONG YOU PAY RENT TO AW.THE EQUIPMENT IS OWNED BY AW AND MUST BE
RETURNED WHEN YOU CANCEL THE LEASE OR AFTER YOUR DEFAULT.YOU AGREE NOT TO REMOVE OR DEFACE THE
STICKER ON THE EQUIPMENT SHOWING THAT AW OWNS THE EQUIPMENT.
2.
RENTAL TERM.
The date the Equipment is delivered to the address shown on your initial
Invoice is the date your rental term begins. AW requires payment of rent for a minimum period of 60 days (two Monthly
Rate payments) after the date you receive delivery of the Equipment.After 60 days, you may continue to rent the
Equipment on a month-to-month basis at your option until the earlier of (a) the
date you notify AW that you want to terminate the lease or (b) the date AW
cancels your lease in accordance with these Terms and Conditions.You agree that your final Monthly Rate
payment will not be prorated. > If you
notify AW that you want to terminate the lease, you agree to continue paying
rent at the Monthly Rate amount until AW receives delivery of the Equipment
from you.
3.
FEES AND CHARGES.
You may make your payments by check, electronically on the Internet, or
by automatic recurring debit or credit card transaction.If you pay by check, to avoid a Late Fee,
your check must be received by AW at its home office no later than the due
date.In addition to the Monthly Rate
payment, you agree to pay the following fees: (a) a one-time initial
Processing
Fee
paid at the inception of the rental term; (b) a Delivery Fee for
delivering and installing your Equipment; (c) a Late Fee of $7.50 each
month when a Monthly Rate payment has not been paid by the due date for each
piece of Equipment you have rented (or $15 each month if you have rented two
pieces of Equipment or a stackable washer/dryer unit); (d) a Move Fee of
$10 if you move to another unit in the same apartment community and you want to
continue renting the same Equipment, or $20 if you move to another apartment
community served by AW and you want to continue renting the same Equipment; and
(e) a Returned Check Fee of $25 if you send us a check that is
dishonored by your bank for any reason.
All of the above fees are subject to applicable state law limitations,
if any, and may be changed upon notice to you.
4.
Limited Damage Waiver.
AW offers an Optional Limited Damage Waiver ("LDW") for an
additional monthly recurring charge of $6.99 per customer.Subject to the terms hereof, the LDW is paid
in consideration for AW waiving its right to recover damages against you in the
event the Equipment suffers incidental physical damage such as scratches,
dents, dings, or broken knobs.LDW coverage
is void and of no effect if you are not in compliance with your obligations
under the terms of the rental agreement or these Terms and Conditions, or if
physical damage to the Equipment or loss is caused by vandalism, theft, or
intentional abuse or damage.You are
not required to purchase LDW coverage.
5.
USE AND RETURN OF EQUIPMENT.
You agree to use the Equipment only for your personal use at the address
and apartment unit shown on your Invoice.
You agree that you will not use the Equipment for business or
commercial use.
You
agree that you will not move the Equipment to another address or unit either
within or outside your apartment community.
If you plan to move
and would like to continue renting the Equipment, you agree to contact AW to
determine if the Equipment can be moved to your new unit.AW must move the Equipment for you, and you
agree to pay the applicable Move Fee for the removal and reinstallation of your
Equipment.AW allows use of the
Equipment only at apartment communities it serves and may refuse to allow the
Equipment to be moved in its sole discretion. If you decide to cancel your lease, or if you are in default and AW
attempts to repossess the Equipment, you agree that the Monthly Rate amount
will continue to be due until AW picks up the Equipment from you.It is your responsibility to ensure that AW
has obtained the appropriate key release to retrieve the Equipment.AW will not charge a pick up fee if you
cancel the lease, you are not in default, and AW picks up the Equipment in your
presence or with a key release approved by your apartment manager.A pick up fee covering AW’s costs will be
charged if you are in default at the time the Equipment is repossessed or if an
attempted pick up fails because you did not arrange for a key release from your
apartment manager.If the Equipment is
lost or stolen, you agree to pay, in addition to all other amounts required by
this agreement, the replacement value of the Equipment and all reasonable costs
incurred by AW in collecting this amount.
6.
LIMITED WARRANTY; REMEDY FOR DEFECTS.
AW UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE
EQUIPMENT EXCEPT AS PROVIDED IN THIS AGREEMENT.AW ASSUMES NO RESPONSIBILITY THAT THE EQUIPMENT WILL BE FIT FOR
ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE LEASING THE EQUIPMENT.ALL IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED.
When the Equipment is delivered, you agree to inspect it and report any
damage or defects to AW.If you
discover a mechanical problem resulting from a defect in the manufacturing of
the Equipment, you agree to notify AW promptly.AW will repair or replace the Equipment at its option without
charge to you, and this remedy shall be your exclusive remedy.You agree that you will not attempt to
repair the Equipment yourself or allow anyone other than AW or its contractors
to repair the Equipment.You will be
responsible for any damage to the Equipment resulting from any faulty repair
work done by you or others.
7.
EQUIPMENT DAMAGE OR MALFUNCTION RESULTING
FROM ABUSE.
You agree to use the Equipment only in
accordance with manufacturer’s instructions as indicated on the inside lid or
door of the Equipment.You also agree
not to cause or allow others to cause any damage to the Equipment through
negligence, misuse or abuse.You agree
to be solely responsible and liable to AW for any damage to the Equipment and
the cost of any repairs caused by the negligence, misuse or abuse of the
Equipment, whether caused by you or anyone else.
8.
INDEMNIFICATION.
YOU AGREE TO RELEASE, INDEMNIFY AND HOLD AW AND ITS AGENTS
HARMLESS FROM ANY LIABILITY OR DAMAGES ARISING FROM NEGLIGENCE, MISUSE OR ABUSE
OF THE EQUIPMENT DURING THE TIME THE EQUIPMENT IS IN YOUR POSSESSION WHICH WAS
CAUSED BY YOU, ANY UNIT CO-RENTER, FAMILY MEMBER, GUESTS, OR INVITEES.
9.
KEY RELEASE AUTHORIZATION TO ENTER YOUR
APARTMENT.
YOU AGREE TO ALLOW AW, OR ITS AUTHORIZED AGENTS OR INDEPENDENT
CONTRACTORS, ACCESS TO THE EQUIPMENT IN YOUR APARTMENT FOR THE PURPOSE MAKING
DELIVERY, REPAIR, MAINTENANCE, REPLACEMENT OR REMOVAL OF THE EQUIPMENT IN THE
EVENT YOU ARE NOT PHYSICALLY PRESENT IN YOUR APARTMENT AT THE TIME OF DELIVERY,
REPAIR, MAINTENANCE, REPLACEMENT OR REMOVAL OF THE EQUIPMENT.IN THE EVENT OF YOUR DEFAULT, AND IF YOU
FAIL TO CURE YOUR DEFAULT AFTER TEN (10) DAYS WRITTEN NOTICE FROM AW, YOU
HEREBY AUTHORIZE AND DIRECT THE MANAGEMENT OF YOUR APARTMENT COMMUNITY, ON AW’S
REQUEST, TO PROVIDE AW OR ITS AGENTS OR INDEPENDENT CONTRACTORS WITH A KEY TO
YOUR APARTMENT, SO THAT AW OR ITS AGENTS OR INDEPENDENT CONTRACTORS MAY,
WITHOUT BREACH OF THE PEACE, ENTER YOUR APARTMENT IN YOUR ABSENCE AND RETRIEVE
THE EQUIPMENT.YOU AGREE TO INDEMNIFY
AND HOLD AW, ITS AGENTS AND INDEPENDENT CONTRACTORS, AND THE MANAGEMENT AND
OWNERS OF YOUR APARTMENT COMMUNITY, HARMLESS FROM ANY LIABILITY REGARDING ENTRY
AND ACCESS TO YOUR APARTMENT IN RELIANCE ON THIS KEY RELEASE AUTHORIZATION FOR
THE PURPOSE OF REMOVING THE EQUIPMENT AFTER YOUR DEFAULT.AW AGREES TO RETURN THE KEY TO YOUR APARTMENT
MANAGER AFTER REMOVING THE EQUIPMENT.
10.
DEFAULT.
You will be in default under your lease and these Terms and Conditions
if any of the following should occur: (a) you fail to pay the full Monthly Rate
payment or any other applicable fees, charges or damages when due; (b) you
breach any of the terms of your lease agreement or these Terms and Conditions;
or (c) AW in good faith believes the prospect of payment or performance is
impaired.You agree to waive any requirement
that AW provide you with notice of default.
11.
REMEDIES.
If an event of default occurs, AW may exercise one or more of the
following remedies: (a) cancel your lease; (b) take possession of the Equipment
with or without judicial process, but any non-judicial repossession in your
absence from your apartment may only be pursued without breach of the peace in
accordance with Paragraph 9 above; (c) recover any unpaid Monthly Rate
paymentsowed through the date the
Equipment is picked up by AW; (d) cancel the lease and collect unpaid Monthly
Rate payments through the date of cancellation plus an amount equal to the
original cost of the Equipment plus 10% of that amount if the Equipment has
been lost, stolen, or cannot be picked up by AW; (d) recover all reasonable
collection costs incurred by AW including reasonable fees paid to third party
collectors and/or attorneys to the extent allowed by applicable law; and/or (e)
pursue any other rights or remedies allowed by applicable law.You agree to pay all of AW’s expenses and
costs of enforcing these Terms and Conditions, including reasonable attorneys
fees and expenses, as allowed by applicable law, whether or not a lawsuit is
filed.AW reserves right to report you
to credit bureaus if you do not pay all amounts owed by you under these Terms
and Conditions and you hereby authorize AW to file such reports.
12.
ARBITRATION.
You and AW agree that any disputes between us, at the request of either
party made at any time, including without limitation any claims, controversies
or disputes that have already been initiated in any court or that could or
would otherwise be subject to class actions (the "Dispute"), shall be
subject to binding arbitration subject to the Federal Arbitration Act, common
law principles, the
due process standards of the Consumer
Due Process Protocol
of
the American Arbitration Association ("AAA"), and the terms of this
section, unless otherwise agreed.Each
Dispute shall be decided as an individual case, on its own merits, and no
claims may be consolidated.
Judgment upon
any award rendered in arbitration may be entered in any court having
jurisdiction.Arbitration shall utilize
only one arbitrator selected by the parties who shall be a licensed, practicing
attorney who is knowledgeable in the subject matter of the Dispute.Each party agrees to pay half the
arbitrator’s fee, but if you can demonstrate that you cannot afford the
arbitrator’s fee, AW will pay the entire fee.
ARBITRATION OF A DISPUTE SHALL BE MANDATORY FOR BOTH PARTIES UPON THE ELECTION
BY EITHER PARTY TO ARBITRATE, REGARDLESS OF WHEN SUCH ELECTION IS MADE
(INCLUDING ELECTIONS MADE AFTER THE INITIATION OF A LAWSUIT OR COUNTER-SUIT IN
ANY COURT OR TRIBUNAL OF COMPETENT JURISDICTION).IF ARBITRATION IS SELECTED BY EITHER PARTY AT ANY TIME, THEN YOU
AND AW AGREE THAT SUCH ELECTION WILL PRECLUDE EITHER PARTY FROM HAVING THE
DISPUTE HEARD OR DECIDED BEFORE A JURY OR COURT OF LAW.You may obtain information regarding the
arbitration process, including basic distinctions
between
arbitration and court proceedings and related costs, at the AAA website:
www.adr.org.
