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Equipment Terms and Conditions

Last Updated: 08/12/2024

TITLE; PERMITTED USE

During the term of the rental agreement or any arrangement between the parties that does not result in merchant purchasing the equipment that is provided by Aurora to merchant, the equipment shall at all times remain the sole and exclusive property of Aurora. Merchant shall not allow any liens, security interests, or encumbrances of any kind or nature whatsoever to attach to the equipment. Merchant agrees to use the equipment solely in accordance with the terms of the rental agreement (as applicable) and/or the terms of any other agreement by and between merchant and Aurora that is associated with the equipment or services provided to merchant by Aurora with respect to such equipment. Both Parties hereby agree to execute and deliver any further instruments as may be necessary to affect the terms and conditions of any agreement by and between the Parties.

USE; CONDITION; DAMAGE

Merchant shall use, operate, protect and maintain the equipment in good operating order, repair, condition and appearance, and in compliance with all applicable laws, rules, or regulations that are related to any provision of services by and between merchant and Aurora that is associated with the equipment or services provided to merchant by Aurora, and manufacturer’s recommended procedures. Merchant assumes all risk of, and shall promptly notify Aurora upon the discovery of, any damage to or loss, theft, confiscation, or destruction of any rental equipment due from any cause whatsoever.

DISCLAIMER

OTHER THAN AS EXPRESSLY SET FORTH HEREIN, THE EQUIPMENT PROVIDED BY AURORA IS PROVIDED “AS IS” AND AURORA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT THERETO, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH DESCRIPTION, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. EACH OF THE PARTIES ACKNOWLEDGE AND EXPRESSLY AGREE THAT NEITHER THE PROVISION OF SERVICES NOR ANY OF THE TERMS AND CONDITIONS OF THE AGREEMENT(S) ARE INTENDED TO BE CONSTRUED AS ASSURING EITHER PARTY’S COMPLIANCE WITH ANY APPLICABLE LAWS, RULES, OR REGULATIONS RELATED TO THE PROVISIONS OF SERVICES IN THIS SECTION. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, neither Party nor its agents shall be liable for special, indirect, incidental, punitive or consequential damages of any kind (including, without limitation, damages for loss of business profits, business interruption, loss of goodwill, or any other pecuniary loss) arising out of the use or inability to use the equipment provided by Aurora, even if the other Party had prior knowledge of the possibility of same.

Aurora does not warrant that the operation of the equipment will be uninterrupted and hereby disclaims all liability on account thereof.

It is agreed that in no event will Aurora be liable for any billing error and related damages, caused by Aurora’s performance or failure to perform hereunder, which is not reported in writing to Aurora within ninety (90) days of the date of the invoice or applicable statement.

EQUIPMENT

At the time that an Equipment order is placed the “Total Price” does not include handling. The final invoice may include certain additional fees related to shipping, handling, provisioning, managing and configuring equipment. This will include a processing fee up to 10% of the total invoice. Equipment purchased and paid for in full is not required to be returned to Aurora.

Equipment that has been purchased, has not shipped and payment is pending will be cancelled at no cost.

In the event that merchant selects to rent equipment from Aurora, the Parties acknowledge and agree that merchant shall be charged a fee in the event that the merchant cancels the rental agreement within the first twelve (12) months of the date of the signature below (“Restocking Fee”).

Equipment Restocking Fee

  1. Shall be applied to all returns up to 50% of the cost of equipment.
  2. Equipment that is provided by Aurora to merchant shall be returned to Aurora within no less than sixty (60) days immediately following the termination of the merchant’s processing agreement with Aurora, equipment must be shipped via a trackable service and the tracking number provided to Aurora within 1 business day of equipment being shipped.
  3. If the merchant fails to return all the equipment to Aurora within no less than sixty 60 days immediately following the termination of the merchant’s processing agreement with Aurora, then the merchant shall be charged the full cost of the equipment.
  4. The signer is responsible for all other equipment charges such as returns, call tags, clover swaps and reject fees.
  5. If Aurora is unable to collect payment via method provided, we have the right to pull from DDA provided on merchant agreement and/or agent residual.
  6. The agent is responsible for all merchant orders. If we cannot collect from your merchant, we will bill the agent.

Returns Fee Processing:

  1. Original order will be billed.
  2. Aurora will submit a credit if/when equipment is returned and/or we receive vendor credit.

Aurora shall have the right to offset amounts owed by merchant to Aurora under the terms of this agreement and the terms of any other agreement by and between merchant and Aurora that is associated with the equipment or services provided to merchant by Aurora.

Notwithstanding the foregoing, the rental agreement may be terminated at any time by Aurora, and in such an event, merchant shall not be charged with a Restocking Fee. Rental equipment may be new, refurbished, or remanufactured and is dependent on inventory available at time of order, and used equipment is inspected and refurbished prior to deployment.