This Agreement for the rental of an electric breast pump, carrying case and/or scale (“equipment”) is made between Bosom Buddies LLC and the Lessee, as listed herein.
A. Equipment. The equipment remains the property of Medela, LLC; or of Bosom Buddies LLC, as marked on said equipment. Lessee has no rights to such equipment except as expressed in this Agreement.
B. Sales Tax. The rental rates for the equipment and the purchase price for any accessory kits/products may not include applicable sales or use tax, which are the responsibility of the Lessee.
C. LESSEE'S OBLIGATIONS. (a) Lessee agrees to inform Bosom Buddies LLC of any changes in name, address, email or telephone number. (b) Lessee shall not take the equipment out of the State of Colorado without prior written consent. (c) Lessee agrees to allow no person other than the Lessee to use or operate the equipment. (d) In the event that Lessee is in default under this agreement, Lessee shall be responsible for all reasonable attorneys fees, collection costs, repossession costs, full retail replacement costs, and other costs incurred by Bosom Buddies LLC in the enforcement of this Agreement.
D. RETURN OF EQUIPMENT. Lessee is responsible for returning the equipment to Bosom Buddies LLC per the direction of Bosom Buddies LLC in clean, working order. If any additional parts are return with the equipment, they will be disposed of by Bosom Buddies.
E. OTHER CHARGES AND FEES.
(a) Payment for rental shall be in advance of rental period. There is no pro-ration for early return of equipment. IF NO PAYMENT IS RECEIVED nor the pump received by Bosom Buddies LLC by the due date, Bosom Buddies may add LATE FEES and a BILLING FEE as well as interest at eighteen percent (18%) per anum. If a credit card is used as payment, Bosom Buddies may charge rental according to the agreed rental schedule until equipment is received by Bosom Buddies LLC
and all outstanding charges have been paid.
(b) Pick-up Charge. Bosom Buddies LLC will pick up equipment upon Lessee's request for a pick-up charge (Denver metro area only).
(c) Returned Check Charge. Lessee agrees to pay a minimum $25.00 service charge for each check or other payment returned unpaid to Bosom Buddies LLC Bosom Buddies Inc. does not waive its rights to pursue collection of any check returned unpaid.
(d) Fee for Cleaning. Lessee agrees to return equipment in clean condition. If equipment is not clean or has been disassembled, Lessee agrees to pay Bosom Buddies a minimum cleaning/restoration fee of $40.
(e) Fee for Repair. In the event that the equipment is not returned in good repair, Lessee shall reimburse and indemnify Bosom Buddies LLC for any charges for repair or replacement of the equipment, as determined solely by Bosom Buddies, Inc, with a minimum charge of $200.
(f) Charge for Replacement. In the event the equipment is not returned to Bosom Buddies, Lessee agrees to pay Bosom Buddies full retail replacement value of equipment of $2500.
(g) Charge for Missing Parts: In the event equipment is returned with parts missing (bottle holder, case, strap from the case, parts from the unit itself), Lessee agrees to pay Bosom Buddies full retail replacement value of the missing parts.
F. LAWS OF COLORADO. This Agreement shall be construed under the laws of the State of Colorado.
G. Bosom Buddies has the right to cancel this agreement at any time with three days notice.
H. WARRANTIES. Bosom Buddies LLC warrants that the equipment is in working order and fit for its usual purpose when delivered. In the event that this warranty is breached, Bosom Buddies LLCs liability shall be limited to the replacement of the equipment for the duration of this agreement. BOSOM BUDDIES LLC SHALL NOT BE LIABLE FOR ANY OTHER DAMAGES, DIRECT OR CONSEQUENTIAL. NO OTHER WARRANTY, EXPRESS OR IMPLIED, SHALL APPLY TO THIS AGREEMENT.
I. LIMITATION OF LIABILITY. Lessee acknowledges that Bosom Buddies LLC, its sales representatives and its agents are not necessarily lactation consultants, medical professionals, or persons otherwise qualified to provide medical advice. LESSEE AGREES THAT ANY INSTRUCTION PROVIDED REGARDING THE EQUIPMENT DOES NOT CONSTITUTE MEDICAL ADVICE AND SHOULD NOT REPLACE ANY ADVICE PROVIDED BY QUALIFIED MEDICAL PROFESSIONALS. Bosom Buddies LLC, shall not be liable for Lessee's failure to otherwise seek and follow the advice of a qualified medical professional.
J. Lessee agrees to allow Bosom Buddies, Medela LLC or any agency involved in collection overdue amounts and/or equipment to obtain a credit report on Lessee.
Privacy Notice
We collect non-public protected health information about you from information you provide on applications or other forms. We do not disclose any non-public protected information about our customers or former customers to anyone, except as permitted by law, including to the manufacturer or applicable authorities in connection with any potential product quality or safety issue or incident.
We restrict access to non-public protected information about you to our employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your non-public protected information.
