RENTAL TERMS
These Terms and Conditions (“Terms”) set forth the terms in which Friar Fort, Bigger Bed, Inc. or its affiliates (collectively, “EEPY”) will provide certain rental products, rental services, and moving and storage services (collectively “Services”) offered via its website and marketplace at friarfort.com (the “EEPY Marketplace”).
2. Rental Services.
Certain products, including but not limited to foam mattress toppers, desks, dressers, air conditioning units and MicroFridge® products (“Rental Products”), are available to rent during the academic school year (“Rental Services”). For each Order for Rental Services, EEPY will: (a) ensure that the Rental Product is clean and in good working order; (b) deliver and install the Rental Product to the designated on-campus address set forth in the Order; and (c) collect the Rental Product from the designated on-campus address at the end of the Rental Term (defined below).
2.1 Use of Rental Products.
Rental Products must only be used at the designated on-campus address set forth in the Order and must not be moved or relocated without EEPY’s express written consent, which may be withheld for any reason.
2.2 Delivery.
The Rental Products shall be delivered on or before the first day of classes. In the event of the renter's off-campus residency, EEPY shall coordinate arrangements to ensure the renter's accommodation upon arrival at the campus. For on-campus renters, delivery of the Rental Products shall be completed on or before the first day of classes. For delivery, you must provide EEPY with access to your campus housing by either (a) being present for delivery; (b) designating someone to be present for delivery; or (c) providing EEPY with specific instructions on how to gain access to your campus housing. If the renter misses the delivery and EEPY has attempted communication with the renter via email two (2) times and via SMS text message two (2) times, EEPY has the right to charge a $49.99 missed delivery fee. EEPY must start communications at least two (2) weeks prior to the scheduled delivery date for this fee to apply.
2.3 Pick Up.
The Rental Products shall be picked up on or after the last day of classes. A student can request an earlier pick-up two (2) weeks in advance of scheduled pick-up, and EEPY will try to accommodate. If accommodation is not possible, the renter agrees to find someone to give EEPY access to the product after the renter's departure, no sooner than the last day of classes. For pick-up, you must provide EEPY with access to your campus housing by either (a) being present for pick-up; (b) designating someone to be present for pick-up; or (c) providing EEPY with specific instructions on how to gain access to your campus housing. Generic directives such as 'contact campus security, facilities, or residential life' shall not be considered specific instructions. If the renter misses the pick up and EEPY has attempted communication with the renter via email two (2) times and via SMS text message two (2) times, EEPY has the right to charge a $49.99 missed delivery fee. EEPY must start communications at least two (2) weeks prior to the scheduled delivery date for this fee to apply. If the renter does not agree to one of two (2) other dates provided by EEPY, then the renter can be subject to a maximum product replacement fee of $500. The renter is required to settle any incurred fees by paying the invoice no later than the scheduled pick-up date or within two (2) weeks, whichever comes first.
2.4 Cancellations.
Rental Services may be cancelled at any time prior to delivery and at any time within 30 days after the date of delivery of the Rental Products (the “Cancellation Period”). To cancel, please email info@roomierentals.com to schedule a time for EEPY to pick up the Rental Products. Provided that the Rental Products are retrieved undamaged and in the same condition as when delivered, your Order will be refunded. After the Cancellation Period, if you leave or are forced to leave campus housing for any reason, your Order will not be refunded.
2.5 Damage and Defects.
. If any part of the Rental Products are damaged or defective upon delivery, promptly notify EEPY within 30 days and the damaged or defective Rental Products will replaced at EEPY’s expense. After 30 days, the Rental Products are presumed to have been delivered free of damage or defect and you are thereafter responsible for any loss or damage to any part of the Rental Products (normal wear and tear excepted). If any Rental Products are in damaged condition upon retrieval, EEPY reserves the right to charge a replacement fee, which may be up to $500 per Rental Product. During the Rental Term, if any MicroFridge® Rental Product becomes defective or is no longer operational due to a manufacturer’s defect, please email info@roomierentals.co to schedule a time for EEPY to replace the defect item free of charge. This Section 2.5 states your sole and exclusive remedy for any damaged or defective Rental Products.
3. Moving and Storage Services.
EEPY offers certain moving and storage services for campus housing (“Moving and Storage Services”). Each box, and each item that does not fit in a box, that you designate for Moving and Storage Services is deemed a separate item (“Item”). For each Order for Moving and Storage Services, EEPY will: (a) supply sufficient packing materials and packing instructions for the Items; (b) provide Moving and Storage Services for Items on the day(s) corresponding with on-campus move out dates; (c) secure Items in a climate-controlled storage facility in the area surrounding campus; and (d) redeliver Items to your new campus housing on the day(s) corresponding with on-campus move in dates.
3.1 Registration and Cancellation.
When placing an Order for Moving and Storage Services, you will be charged a registration fee of $50 (the “Registration Fee”). Moving and Storage Services may be canceled at any time up to seven (7) days prior to the scheduled pick up date and you will receive a full refund of the Registration Fee. Thereafter, the Registration Fee is non-refundable.
3.2 MS Fees.
The fees charged for Moving and Storage Services are based on the Items designated for Moving and Storage Services (the “MS Fees”). Any MS Fee estimates made using the calculator on the EEPY Marketplace are estimates for planning purposes only. You will receive an invoice for the MS Fees via Shopify within 5 business days of your Items being picked up. Payment must be made within 14 days of receipt. Thereafter, a late charge of $99 will apply. If invoices are not paid within 60 days of receipt, Items will be deemed abandoned pursuant to Section 3.8.
3.3 Storage Term.
The MS Fees include a storage of your Items from the date your Items are picked through the date your items are redelivered, which must not exceed a period of four (4) months (the “Storage Term”). If your Items are not redelivered or shipped to your home/school pursuant to Section 3.10 by the end of the Storage Term, you will be charged for additional storage at EEPY’s cost to store your Items on a month-to-month basis.
3.4 Packing.
While EEPY will supply you with sufficient packing supplies needed for your move, including boxes, and tape, you are solely responsible for packing any boxes. All Items must be packed securely and designed to prevent breakage of content. EEPY will not be liable for loss or damage caused by improper packaging. EEPY reserves the right to reject any Item in the event that items are considered unacceptable as to the manner in which it has been packed or for any other reason. You must ensure that a EEPY packing label is clearly visible on, and securely attached to, each Item.
3.5 Restricted Items.
The following items are prohibited from being designated for Moving and Storage Services: food and any perishable goods, hazardous substances or toxic materials, illegal substances, firearms, and live animals. You agree that Moving and Storage Services are not appropriate for any items of value over $500, and any jewels, furs, heirlooms, art works, collectibles or other irreplaceable items having special sentimental or emotional value to you. You agree not to designate any said items for Moving and Storage Services. You hereby waive any claim for sentimental or emotional value for all Items.
3.6 Moving.
EEPY will communicate with you via text message regarding pickup times for your Items. On the scheduled pickup date, you must either provide EEPY with access to your campus housing and: (a) be present for pickup; (b) designate someone to be present for pickup; or (c) provide EEPY with instructions on how to gain access to your campus housing. If access to your campus housing is not provided or available, you must reschedule pickup (subject to a rescheduling fee). Items will be picked up from campus housing and moved to storage for the summer. Prior to the commencement of classes in the fall, Items will be moved back to your new campus housing on the delivery date of your choosing, which must be on or before December 31st of the same year the Items were picked up.
3.7 Storage.
Your Items will be stored at a third-party climate-controlled storage facility in the area surrounding campus, selected at the sole discretion of EEPY. A “climate-controlled storage facility” is a storage facility with ventilation that maintains a reasonable temperature for storage, but is not air conditioned.
3.8 Lost Or Damaged Items.
EEPY will be liable to you for any lost or damaged Item for up to $100 per Item. You agree that the released value of all Items is no greater than $100. EEPY will have no liability to you for any Items that do not have clear indications of physical damage to the exterior. EEPY will not be liable for internal damage that is concealed within its outer packaging. Any lost or damaged items must be reported to EEPY within twenty-four (24) hours of delivery. This section states your sole and exclusive remedy for any lost or damaged Items.
3.9 Abandonement.
Without limiting EEPY’s right to conclude for other reasons that you will not be returning to campus, you agree that if Items cannot be redelivered to on-campus housing and you fail to communicate with EEPY concerning an alternate delivery arrangement for your Items by December 31st of the same year the Items were picked up, your Items will be deemed abandoned and EEPY will assume ownership of any such abandoned Items. Additionally, if invoices for Moving and Storage Services are not paid within 60 days of receipt, all Items will be deemed abandoned. Abandoned Items may be auctioned or otherwise sold.
3.10 Ship to School/Home Services.
Moving and Storage Services may include shipping concierge services, where EEPY will pick up boxes and packages and deliver them to a shipping carrier for shipping, or otherwise facilitate carrier shipping services. EEPY acts only as an intermediary for the receipt and forwarding of Items for carrier shipping. Each item for carrier shipping will have a declared value of $100. All carrier shipments and claims are subject to the terms, conditions and limitations of the contract of carriage with the carrier.
4. LIMITED WARRANTIES; DISCLAIMERS.
4.1 Limited Warranties.
EEPY warrants that Rental Services and Moving & Storage Services are and will be performed in a thorough and professional manner, consistent with high professional and industry standards by individuals with the requisite training, background, experience, technical knowledge and skills to perform Rental Services and Moving & Storage Services, in substantial compliance with applicable laws and regulations.
4.2 Disclaimers.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 2 (RENTAL SERVICES), SECTION 3 (MOVING & STORAGE SERVICES) AND SECTION 3.2 (LIMITED WARRANTIES), ALL SERVICES ARE PROVIDED “AS IS”. BBI MAKES NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
5. LIMITATIONS OF LIABILITY.
5.1 WAIVERS.
You forever waive any claim or cause of action that may accrue or that you may have or assert against EEPY, whether in contract, tort, or otherwise, for any personal injury (including without limitation wrongful death) or property damage caused or alleged to be caused in any way by any Rental Products. This waiver includes without limitation any claim of injury or damages arising in whole or in part out of the presence of any Rental Products on any premises, any use of any Rental Products, the removal or relocation of any property to or within any premises, infestation, damage or destruction of real or personal property, or otherwise. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EEPY BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE, ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF YOU WERE ADVISED OF THE POSSIBILITY OF DAMAGES.
5.2 Liability Cap.
WITHOUT LIMITING YOUR ABILITY TO RECOVER SPECIFIC AMOUNTS FOR LOST OR DAMAGED ITEMS PURSUANT TO SECTION 3.4, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EEPY’S TOTAL LIABILITY TO YOU UNDER THESE TERMS ARISING OUT OF OR RELATED TO ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO AN ORDER, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID BY YOU PURSUANT TO THE APPLICABLE ORDER GIVING RISE TO THE LIABILITY.
6. GOVERNING LAW AND DISPUTE RESOLUTION.
This Agreement is governed in all respects by the laws of the State of New York, without giving effect to its rules relating to conflict of laws. Any dispute arising out of or relating to this Agreement, or its subject matter, shall be resolved exclusively by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Either party may send a notice to the other party of its intention to file a case with the AAA (“Arbitration Notice”). The arbitration will be conducted in New York, NY by a single arbitrator knowledgeable in rental products, moving, storage, and related services. The parties will mutually appoint an arbitrator within thirty (30) days of the Arbitration Notice. If the parties are unable to agree on an arbitrator, then the AAA will appoint an arbitrator who meets the foregoing knowledge requirements. The arbitration hearing will commence within sixty (60) days after the appointment of the arbitrator and the hearing will be completed and an award rendered in writing within sixty (60) days after the commencement of the hearing. Prior to the hearing, each party will have the right to take up to four (4) evidentiary depositions, and exchange two (2) sets of document production requests and two sets, each, of not more than ten (10) interrogatories. The arbitration award will be final and binding and may be enforced in any court of competent jurisdiction.
7. MISCELLANEOUS.
This Agreement contains the final agreement of the parties relative to the subject matter hereof. Each party is performing its obligations hereunder as an independent contractor. This Agreement may not be modified, except by a written instrument signed by both parties. If any provision of this Agreement is declared invalid, illegal or unenforceable, such provision is severed and all remaining provisions continues in full force and effect. The parties’ rights and obligations under this Agreement will bind and inure to the benefit of their respective successors, heirs, executors and administrators and permitted assigns. Neither party may assign or delegate its obligations under this Agreement either in whole or in part without the prior written consent of the other party, which consent may not be unreasonably withheld, conditioned or delayed, except that either party may assign its rights and obligations under this Agreement, without the other party’s consent, to any entity which is an Affiliate of said party, to any successor in interest (whether by merger, acquisition, asset purchase or otherwise) to all or substantially all of the business of said party to which this Agreement relates. If a party fails to enforce a provision of this Agreement, it is not precluded from enforcing the same provision at another time. Any notice or communication required or permitted hereunder must be in writing, and sent to the address specified below, or at such other address a party may specify in writing, and is deemed received when: (A) personally delivered, on the day of delivery; or (B) sent by a commercial delivery service such as Federal Express or United Parcel Service with shipment tracking, on the day delivery is confirmed by the tracking service; or (C) sent by e-mail, on the day the email is confirmed received by the receiving party. This Agreement may be executed in any number of counterparts, including by PDF electronic scan, each of which, when executed, is deemed to be an original and all of which together constitutes one and the same document.
![[Brand New!] Friar Fort Portable AC Unit](http://eepy.com/cdn/shop/files/ac1.png?crop=center&height=720&v=1711483694&width=500)
