Commercial Advantage Program Terms and Conditions
Gravely Commerical Walk Behinds and Zero Turn Mowers Only
COMMERCIAL ADVANTAGE LOANER PROGRAM QUALIFICATIONS. All Equipment must have been purchased at Austin Outdoor Power Equipment, Inc., 11104 North Lamar, Austin, TX 78753. All equipment must be within the Manufacturer's Original Warranty Period. All Equipment must be in our repair shop for a minimum of 48 hours. Equipment must be purchased after the effective date of February 15, 2011. (Sorry, Purchases prior to this date DO NOT APPLY).
LOANER EQUIPMENT SUBJECT TO THIS CONTRACT AND LOANER EQUIPMENT AVAILABILITY AT THE TIME OF REQUEST.
Note: Loaner equipment provided may be different than that of customer's original purchased equipment. The Company shall provide "A NO CHARGE RENTAL" of the following equipment:
RISK OF LOSS OR DAMAGE. The Customer assumes all risks of loss or damage to the equipment from any cause, and agrees to return it to the Company in the condition received from the Company, with the exception of normal wear and tear. The Company or their appointed agent will determine normal wear and tear. All determinations made by the Company are final.
INSURANCE. The Customer shall insure the equipment for its full replacement value. Failure of the insurance company to honor a claim in no way changes the obligation of the Customer to compensate The Company for the full new replacement value of the equipment.
LOANER TERM. The FREE DEMO LOANER TERM shall begin on the above effective date and shall terminate at 10:00am of the next business day following the Company notifying the Customer that their equipment is ready for pick up. The Customer must return the FREE LOANER in fully working condition to the Company's facility by no later than 10:00am. The Loaner period will end only when the equipment has been returned to a fully working state. At any time the Company has the right to terminate the FREE LOANER with 1 business days' notice. FREE LOANER EQUIPMENT not returned by 10:00 am of the next day after being notified that their equipment is ready for pick up will be charged a $75.00 per day usage fee.
CARE AND OPERATION OF EQUIPMENT. The equipment may only be used and operated in a careful and proper manner. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any.
MAINTENANCE AND REPAIR. The Customer shall maintain the equipment in good operating condition, allowing for reasonable wear and tear. The Customer shall pay all costs required to maintain the equipment in good operating condition. Such costs shall include labor, material, parts, and similar items.
COMPANY'S RIGHT OF INSPECTION. The Company shall have the right to inspect the equipment during Customer's normal business hours.
INDEMNITY OF COMPANY FOR LOSS OR DAMAGES. If the equipment is damaged or lost, the Company shall have the option of requiring the Customer to repair the equipment to a state of good working order, or replace the equipment.
LIABILITY AND INDEMNITY. Liability for injury, disability, and death of workers and other persons caused by operating, handling, or transporting the equipment during the term of this Rental is the obligation of the Customer, and the Customer shall indemnify and hold the Company harmless from and against all such liability. Customer shall maintain liability insurance of at least $1,000,000.00 unless waived in writing by the Company.
CASUALTY INSURANCE. The Customer shall insure the equipment in an amount sufficient to cover the replacement cost of the equipment.
ENTIRE AGREEMENT AND MODIFICATION. This contract constitutes the entire agreement between the parties. No modification or amendment of this contract shall be effective unless in writing and signed by both parties. This contract replaces any and all prior agreements between the parties.
GOVERNING LAW. This contract shall be construed in accordance with the laws of the State of Texas
SERVABILITY. If any portion of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provision of this contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this contract.
EXCLUSIONS: The CAP Program only applies to
Gravely Commercial Walk Behinds and Zero Turn Mowers.