Terms and Conditions
THE AGREEMENT: The use of this website and services on this website and mobile application provided by Premium Equipment USA (hereinafter referred to as “Website”) are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”).
“We”, “us” and “our” are references to PREMIUMEQUIPMENTUSA.COM;
“User”, “You” and ““your” are denotes to the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website;
” Website” shall mean and include Premium Equipment USA and any successor Website of the Company or any of its affiliates;
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
By using the Website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website immediately. We only agree to provide the use of this Website and Services to you if you assent to this Agreement.
Premium Equipment USA provides an online platform via the Website that enables Users to connect with each other and enter into various rental, purchase and service agreements between themselves. Premium Equipment USA provides a neutral marketplace to facilitate these transactions. However, Premium Equipment USA does not offer or provide the goods or services for rent or sale through the Service. Premium Equipment USA is not and will not be a contracting party in any agreement made between Users. Any rental, lease, purchase or service transactions entered into directly between Users shall be entered into exclusively between the Owner and Consumer, and not Premium Equipment USA. We simply provide a platform to introduce Owners and Consumers and facilitate payments for goods and services.
YOU UNDERSTAND AND AGREE THAT Premium Equipment USA IS NOT AND WILL NOT BE A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CONSUMERS AND OWNERS. Premium Equipment USA HAS NO CONTROL OVER, AND IS NOT LIABLE FOR, THE CONDUCT OF ANY OTHER USERS OF THE SERVICE, OR ANY THIRD-PARTY PROVIDERS OF RELATED GOODS OR SERVICES RETAINED BY USERS, INCLUDING WITHOUT LIMITATION OWNERS, RENTERS, PURCHASERS, CARRIERS, DELIVERY PERSONNEL, EQUIPMENT MANUFACTURERS, EQUIPMENT OPERATORS AND ANY OTHER THIRD-PARTY SERVICE PROVIDERS RETAINED BY ANY USERS.
- In order to rent or purchase Equipment via the Service, you will need to register as a “Consumer” with the Website. In order to rent or sell your Equipment to a Consumer via the Service, you will need to register as an “Owner” with the Website. By registering as a Consumer or Owner, you give us permission to disclose the information you provide on your website to other Users, to make some or all of the information you provide available on the Website, disclose some or all of the information you provide to third parties for verification purposes, and to obtain and use additional information about you in a similar fashion. Premium Equipment USA reserves the right to accept or reject Consumer or Owner websites in our sole discretion for any reason.
- If you register, you will: (a) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (the “ Registration Data “); (b) maintain and promptly update the Registration Data, and any other information you provide to Premium Equipment USA, in order to keep it accurate, current and complete; and (c) accept all risk of unauthorized access to the Registration Data and any other information you provide to Premium Equipment USA. Premium Equipment USA reserves the right to request proof of identification and age (for example, proof of your ability to obtain licenses to operate certain Equipment).
- Premium Equipment USA is under no obligation to retain a record of your account or any Registration Data or other information that you may have stored by means of your account or your use of the Service. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service. You are under no obligation to use or continue to use the Service and may stop using the Service without notice to Premium Equipment USA.
- We do not endorse, investigate or verify any User, Registration Data or User Content ( as defined below) at any time. All Registration Data and details and other information relating to Equipment and other goods or services available through the Service come directly from the Owners. Premium Equipment USA does not assume any liability for the accuracy, completeness and timeliness of this information. Premium Equipment USA gives no guarantee to the User that other Users of the Service will not use the Service with intent to defraud. In particular, Premium Equipment USA does not accept any liability arising as a result of a User registering under a false identity or providing false information. Premium Equipment USA recommends that all Users verify the identity of their contracting partners and other information relating to Equipment and goods and services prior to the exchange of goods or services. Any assistance provided by Premium Equipment USA shall not constitute an endorsement, certification or guarantee by Premium Equipment USA about any User, including of the User’s identity and whether the User is trustworthy, safe or suitable.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
- Subject to the terms, conditions and limitations set forth in these Terms and Conditions, Premium Equipment USA grants you a non-exclusive, non-transferable and revocable license to use the Website on any computer or mobile device that you own or control. You may use the Service only if you are a resident of Canada or the United States, have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of this Website is lawful, and you must comply with all applicable laws.
- Each User represents and warrants to Premium Equipment USA that: (a) you have reached the age of majority where you live and can form legally binding contracts under applicable law; and (b) if you are acting on behalf of a corporation, entity or organization, you: (i) are authorized to bind that corporation, entity or organization to these Terms and Conditions; and (ii) the corporation, entity or organization on behalf of which you are entering into these Terms and Conditions is a duly formed entity existing in good standing in each of the jurisdictions in which the entity transacts business.
- Your use of the user license and Service and your contact, interaction or dealings with other Users and any third parties arising out of your use of the Service is entirely at your own risk. Users are independent from Premium Equipment USA and are not agents, representatives or employees of Premium Equipment USA. Premium Equipment USA is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any User or any of its employees, independent contractors, representatives, agents, assigns, carriers, operators, drivers, delivery personnel or other suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.
A Consumer can rent Equipment by contacting the Owner through the Website and concluding a rental agreement with the Owner. All rental agreements are concluded solely between the Owner and the Consumer. Unless the Owner and Consumer enter into a separate rental agreement, Premium Equipment USA’s rental agreement (the “Rental Agreement”) shall apply to any rental made through the Service and the Rental Agreement, the rental description on the Website and these Terms and Conditions shall be the entire agreement between the Consumer and Owner with respect to such rental. A Consumer and an Owner may create and use their own rental terms and/or modify the Rental Agreement provided here as they see fit. All obligations under the Rental Agreement (including all payment obligations) are obligations directly between the Consumer and Owner and are not made by and do not legally bind us. It is your responsibility to review the Rental Agreement in advance to determine whether it is suitable for your purpose. The Rental Agreement is to be used at your own risk and expense. You acknowledge and agree that you may be required by an Owner to enter into one or more separate agreements, waivers or terms and conditions prior to renting or purchasing Equipment and an Owner may place additional restrictions on your booking, product or service.
When you use the Service to transact a Rental, the Service will present you with a page confirming the details of the Rental (the “Rental Confirmation”). By clicking “I Agree” (or any other means of acceptance presented by the Service), you agree to the terms of that Rental and the Rental Confirmation becomes part of these Terms and Conditions.
The use of Equipment can be extremely dangerous to Users and bystanders and may require skill, knowledge, preparation and training to operate. Renting Equipment via the Service may not come with all of the personal protection equipment required to operate the Equipment. You should always follow the safety precautions and operation procedures outlined in the Equipment manufacturer’s owner’s manual. The use of Equipment (especially the careless or improper use of Equipment and/or use of the Equipment without appropriate personal protection equipment) poses a risk of causing serious bodily injury, partial and/or total disability, paralysis and/or death of Users and/or bystanders and causing damage to property and/or damage to Equipment. Each User acknowledges there are inherent risks, hazards and dangers involved in using Equipment. Always follow all manufacturer’s recommended maintenance and repair guidelines.
BY CONTINUING TO USE THE SERVICE, YOU: (A) ACKNOWLEDGE AND AGREE THAT THE USE OF EQUIPMENT IS DANGEROUS AND MAY POSE A RISK TO THE SAFETY OF YOURSELF AND OTHERS AND TO DAMAGE TO PROPERTY; (B) REPRESENT AND WARRANT THAT YOU HAVE THE REQUISITE SKILL, KNOWLEDGE, PREPARATION AND TRAINING TO OPERATE THE EQUIPMENT SAFELY AND EFFECTIVELY; AND (C) ASSUME FULL AND COMPLETE RESPONSIBILITY FOR, AND RELEASE Premium Equipment USA IN CONNECTION WITH, ALL LOSSES, COSTS, INJURIES AND DAMAGES THAT YOU OR OTHERS MAY INCUR AS A RESULT OF USING ANY EQUIPMENT.
Premium Equipment USA does not qualify or verify Users in any way and does not educate Consumers on the safe handling and operation of Equipment or safety hazards inherent in using Equipment. It is the responsibility of each User to engage only in those activities involving the use of Equipment for which it has the prerequisite skills, qualifications, preparation and training. Compliance with all safety, legal and regulatory requirements in connection with any Rental or Sale transaction or the use of any Equipment is the responsibility of the User and not Premium Equipment USA.
The Rental Agreement, or other separate waivers or agreements, are not a substitute for the advice of a lawyer and you are advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with federal, provincial, state, and local law and their particular circumstances, and to revise such agreements as necessary.
- An Owner may offer Equipment for Rental or Sale through the Website. Unless otherwise agreed, the Owner must place an item in an appropriate category, describe it correctly and completely, and truthfully indicate any specific rental or sale terms, features and characteristics of the item. The Owner must state the price in the offer and specify any other price components or additional charges the Consumer will incur (including, without limitation, fuel, damage deposit, delivery, blade sharpening, etc.), as well as the aggregate total amount.
- An Owner must ensure that their offer of goods or services for sale or rent complies with all applicable laws, including all applicable health and safety, tax, environmental and regulatory laws. The Owner has the option of describing Equipment for rent or sale with images that can be uploaded when placing the item on the Website. Each Owner hereby represents and warrants that: (a) to the best of your knowledge and belief, all Equipment you offer for Rent or Sale is in good operating condition and in working order, free of any known faults or defects that would affect its safe operation under normal use; and (b) by using any images on the Website, no third-party rights are infringed, such as copyright or other intellectual property rights. The Owner is obliged to provide accurate and complete billing and delivery details. If these details have changed in any way, the Owner is required to update this information in their user account immediately.
- We encourage all Users to use properly completed and documented check-in and check-out inspections for all Rental and Sale transactions in order to avoid disputes. Photographic evidence can be used to support or defend a claim against fuel surcharges, damage, vandalism, repair and other matters. For example, “before and after” time stamped photos may be taken with a clear narrative as to what the photo is showing (e.g. fuel tank, run times, etc.). If standard descriptions and grades are used, these should be clearly explained.
- We do not endorse, investigate or verify any Equipment. All information relating to Equipment and other goods or services available through the Service come directly from the Owners. Premium Equipment USA does not control or assume any liability for the accuracy, completeness and timeliness of this information. Premium Equipment USA does not and will not make any representation or warranty, express or implied, with respect to the Equipment or its adequacy for the User’s purpose or otherwise. Premium Equipment USA will have no liability of any kind, including liability for any indirect or consequential damages, arising from any patent, latent or other defect in the Equipment, or for any fundamental breach or other failure of performance, capacity or operation of the Equipment.
You agree to the fees and charges, terms of sale, payment and billing policies applicable to your use of the Service as stated in our Fee Schedule, a copy of which is located here (the “Fee Schedule”). Premium Equipment USA reserves the right, in its sole discretion, to modify or amend the fees and charges, add new services for additional fees and charges, at any time. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated in the Fee Schedule.
- In exchange for providing the Service, Premium Equipment USA shall be paid a service fee equal to a percentage of the total transaction amount in connection with any goods or services rented or purchased through the Service (the “Service Fee”) at the rate set out on the Fee Schedule. Premium Equipment USA is required to charge tax on Service Fees. The Service Fee and applicable taxes may be deducted from amounts paid by the Consumer.
- Fees for renting or purchasing Equipment and the prices for additional services and features shall be determined by agreement between the Owner and Consumer. The Owner may in its discretion decide to include in these amounts: (a) a damage deposit; (b) cleaning or other fee, and/or (c) taxes that the Owner determines that it has to collect. The Consumer shall pay all fees, taxes and other amounts owing to the Owner in respect of any Sale or Rental transaction in advance through the Service. Premium Equipment USA does not guarantee payments to Owners for amounts that have not been successfully received by Premium Equipment USA from Users. Each Owner understands that Premium Equipment USA accepts payments from Users as the Owner’s limited payment collection agent and that Premium Equipment USA’s obligation to the Owner is subject to and conditional upon successful receipt of the associated payments from the Users.
- Any fees due to an Owner in respect of any Rental or Sale transaction shall be paid by Premium Equipment USA upon completion of the rental or purchase transaction only after funds are received by us, less: (a) the Service Fee plus applicable taxes; (b) any applicable fees and charges set out on the Fee Schedule plus applicable taxes; (c) chargebacks and chargeback costs relating to fuel, damage or other surcharges; and (d) any fees, penalties, costs or expenses in connection with assessments which card schemes or other financial institutions require us or you to pay. Premium Equipment USA will remit payments due to you hereunder no later than thirty (30) days after the end of each calendar month in which the applicable fees are received.
- As an Owner, you may need to assess value added tax, general sales tax or other taxes on the goods or services you provide. We encourage you to consult a tax advisor in your area for more insight on this and assistance assessing tax on the goods or services you provide if necessary. It is important that Customers are informed about the exact tax amount prior to booking. Premium Equipment USA may provide general information regarding certain tax rates that may apply to Rental or Sale transactions in some areas. However, we are not familiar with your individual tax circumstances and do not provide tax advice. Any tax information provided by Premium Equipment USA is intended as general information only and shall be relied upon entirely at the User’s own risk.
- Each User understands and agrees that it is solely responsible for determining: (i) its applicable tax reporting requirements; and (b) the taxes that should be included or charged in any Sale or Rental transaction and for including taxes to be collected or obligations relating to applicable taxes in offering Equipment for sale or rent through the Service. Additionally, as an Owner, your gross earnings may be subject to income tax. You are solely responsible for remitting to the relevant authority any taxes included or received by you. Premium Equipment USA does not and cannot offer tax-related advice to Users. You agree to indemnify and save harmless Premium Equipment USA and the Third Parties from any loss, damage or liability of kind arising in connection with your failure to collect, report or remit any taxes relating to your use of the Service or your breach of or failure to comply with any applicable tax laws.
- When you rent or purchase goods or services using the Service, you represent, covenant and agree that at the time of entering into the transaction and for the duration of the rental period: (a) any tax payer and credit information you supply is true and complete; (b) charges incurred by you will be honored by your credit card company; and (c) you will pay the posted price for the goods and services, subject to the terms of any Rental Agreement entered into directly between the Owner and Consumer. Posted rates may not include applicable taxes, fees, disbursements or other charges set out in the Fee Schedule. We reserve the right to charge each Consumer’s credit card with a damage deposit in accordance with the Fee Schedule or as set out in the Website.
- We may require Users to provide tax payer information (including without limitation tax registration numbers) and you agree that we may disclose tax payer information to other Users or use it in connection with completing a Rental or Sale transaction. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information.
- We have the right to reject or suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent or involves any criminal activity or where we reasonably believe you to be in breach of these terms. We do not provide payment protection or guarantees. This means the Owner will bear the risk in the event that a transaction provides to be fraudulent or unauthorized. A User shall have no right of set-off in relation to any sums due to Premium Equipment USA or any claims or liabilities the User has or claims to have against Premium Equipment USA.
- Premium Equipment USA reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms and Conditions, or any amounts due as a result of a breach of these Terms and Conditions by you, pending Premium Equipment USA’s reasonable investigation of such breach. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Premium Equipment USA in writing within thirty (30) days of any such payment; failure to so notify Premium Equipment USA shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Premium Equipment USA. If, after conclusion of a Rental or Sale transaction, it is determined that there was an excess or shortfall in the amount of tax paid or collected by a User in connection with that transaction, you agree to return such excess or pay such shortfall to the appropriate User.
We may provide you with certain information as a result of your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the Website or Services (“Our Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the Website and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.
You agree that the Website and all Services provided by us are the property of Premium Equipment USA, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all right, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
- To make the Website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website (“Your Content”). We claim no further proprietary rights in your Content.
- If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of Premium Equipment USA.
- You further agree not to use the Website or Services:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any of our intellectual property rights or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.
You agree not to undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
- b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user or network.
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the Premium Equipment USA Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Premium Equipment USA, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
You are strictly prohibited from using the Website or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
We may occasionally post links to third-party websites or other services. You agree that we are not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to or from Our Website.
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
This Agreement constitutes the entire understanding between the Parties concerning any use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.
We are not liable for any damages that may occur to you as a result of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
- JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed in accordance with the laws of USA without giving effect to any principles of conflicts of law. The Courts of USA shall have exclusive jurisdiction over any dispute arising from the use of the Website.
- ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased, or otherwise transferred by us, the rights and liabilities of Premium Equipment USA will bind and inure to any assignees, administrators, successors, and executors.
- SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
- NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances, i.e. COVID-19!
- ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please use contact us form on the website or email us firstname.lastname@example.org
Address: 3191 SW 147TH COURT, MIAMI FL 33185
Phone: +1 786 448 8467
This document was last updated on August 8, 2021