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EQUIPMENT RENTAL AGREEMENT

This Equipment Rental Agreement (the “Agreement”) is made by and between ArithmeType LLC, a Minnesota limited liability company (“ArithmeType”) and the lessee of the Equipment, as defined herein (the “Customer”) effective as of the Customer’s execution of this Agreement.

  1. EQUIPMENT AND USE(S).  Customer hereby agrees to rent from ArithmeType the keyboard and other equipment specified in Schedule A (the “Equipment”), as may be modified from time to time. Customer agrees that it will use the Equipment only in accordance with this Agreement and Schedule A.

  2. POSSESSION. For the duration of the term set forth on Schedule A, Customer agrees to assume full responsibility of rented Equipment and return the Equipment in good condition and repair, reasonable wear and tear excepted. Customer shall not permit or allow the Equipment to become encumbered, and shall keep the Equipment free and clear of all liens and encumbrances.

  3. PAYMENT. Customer agrees to pay the rental rate as set forth on Schedule A, as modified from time to time. Customer shall pay as instructed by ArithmeType.

  4. EXCLUSION OF WARRANTIES.  ARITHMETYPE MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER; (c) WARRANTY AGAINST INTERFERENCE; (d) WARRANTY AGAINST INFRINGEMENT (e) OR ANY OTHER WARRANTY WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. CUSTOMER’S SOLE REMEDY IS SEEKING REPAIR AND REPLACEMENT OF ANY EQUIPMENT AS SPECIFIED BY ARITHMETYPE. ARITHMETYPE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OF WHATSOEVER KIND OR NATURE. THE PARTIES INTEND THE EXCLUSION OF CONSEQUENTIAL DAMAGES AS AN INDEPENDENT AGREEMENT APART FROM THE SOLE AND EXCLUSIVE REMEDY HEREIN.

  5. LOSS OR DAMAGE.  Customer assumes the risk of loss of, or damage to, the Equipment covered by this Agreement from any and every cause whatsoever including, but not limited to, casualty, collision, upset, fire, theft, malicious mischief, vandalism, graffiti, breakage, and disappearance, except as otherwise provided in this Agreement.  Customer shall pay to ArithmeType the cost of repairing and restoring the Equipment to good working order, and if, in ArithmeType's judgment, the Equipment has been lost, stolen, destroyed or damaged beyond repair, Customer shall reimburse ArithmeType upon demand for the full market value of such Equipment at its current price for new Equipment, and, upon such payment, the lease of the Equipment shall terminate and the Equipment shall become the property of Customer, as-is, where-is. Customer shall notify ArithmeType of any damage or defective Equipment and ArithmeType will attempt to repair or replace the Equipment.

  6. LIABILITY; INDEMNIFICATION. Customer further assumes full risk in the use and operation of the Equipment. Customer agrees that ArithmeType and each of its members, managers, officers, employees, agents, representatives, insurers, and affiliates (the “ArithmeType Parties”) shall not be liable for any loss or damage to Customer or any third party, of any kind or nature whatsoever or however caused relating to or arising out of the rental, use or operation of the Equipment.   In addition to any and all other obligations provided for herein, Customer shall protect, defend, indemnify and hold harmless ArithmeType Parties from and against any loss, costs, damage or expense arising from Customer’s use or operation of the Equipment under this Agreement, including any failure to comply with its obligations under this Agreement, and any liability imposed by Customer under any worker’s compensation act, plan or contract.

  7. MISCELLANEOUS. This Agreement shall be interpreted and governed under the laws of the State of Minnesota and/or federal law, where applicable.  Any waiver of one or more provisions of this Agreement shall not constitute a waiver of the entire agreement. The parties hereby stipulate the exclusive jurisdiction of the courts situated in Ramsey County, State of Minnesota over any litigation between the parties arising hereunder. Customer shall pay all costs, expenses and attorney’s fees which may be expended or incurred in enforcing this Agreement or any provision thereof, or in exercising any right or remedy of ArithmeType against Customer or in any litigation incurred by ArithmeType because of any act or omission of Customer under this Agreement. If any term or provision of this Agreement shall be finally determined by competent authority to be void and unenforceable under any applicable state, or federal law or municipal or local ordinance or regulation, such determination shall not affect the remainder of this Agreement, which thereafter shall be construed in the applicable jurisdiction as not containing the particular term or provision specifically determined to be invalid, and the rights and obligations of the parties hereto shall be construed and enforced accordingly. Customer may not assign any of its rights under this Agreement without the prior written consent of ArithmeType, which consent may be withheld in its sole discretion. Customer shall not allow copies or replicas to be made of the Equipment. ArithmeType shall be permitted to assign its rights or obligations under this Agreement. This Agreement may be executed in one or more counterparts, each of which will be deemed an original and all of which taken together will constitute one and the same instrument.

 

    Return Policy

 

  1. Terms of Return: The Customer has 6 weeks, including weekends and holidays, to return the Equipment from the date the Equipment was received. Only items that have been purchased from ArithmeType directly can be returned. All returns may be sent by standard mail to the following address using the prepaid postage provided by ArithmeType: ArithmeType LLC, 1 Spring Marsh Lane, North Oaks, MN 55127.

  2. Shipping: The returned Equipment must be repackaged with all the original parts included and/or attached to the Equipment when the Equipment was received by Customer.

  3. Defective Product:  If the Customer believes they have received a defective product, please contact support services by email at info@arithmetype.com, or by calling ArithmeType at 651-661-MATH. If it is determined that the Equipment was received in a defective form or due to an error on behalf of ArithmeType, the Customer will be refunded in full or be given the option to exchange the Equipment at no cost to the Customer.

 

       The Customer agrees to this Equipment Rental Agreement.

SCHEDULE A

EQUIPMENT RENTED: ArithmeType Keyboard with USB cord, two section covers, carrying case.

 

TERM OF RENTAL: 6 weeks, including weekends and holidays.

 

RENTAL RATE: $20.00 per 6 weeks with a charge of $35.00 for shipping.

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