PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) ARISING OUT OF: (I) ALL CLAIMS WHICH ARE EXCLUDED FROM OR IN EXCESS OF THE LIABILITY PROTECTION PROVIDED BY THE HOME DEPOT; (II) ALL CLAIMS BY OR AGAINST THE HOME DEPOT ARISING OUT OF RENTER’S OPERATION OF THE EQUIPMENT; AND (III) ALL CLAIMS BY OR AGAINST THE HOME DEPOT ARISING OUT OF RENTER’S FAILURE TO COMPLY WITH ALL TERMS OF THIS AGREEMENT. RENTER’S INDEMNITY OBLIGATION WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT . IF ANY PART OF THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION, RENTER AGREES THAT THIS CLAUSE WILL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT RENTER’S STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY. (b) NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT TO THE CONTRARY, THE HOME DEPOT WILL NOT BE LIABLE TO RENTER, AND RENTER WAIVES ANY CLAIM AGAINST THE HOME DEPOT FOR LOST USE, LOST PROFIT, LOST REVENUE, LOST SAVINGS, LOST REPUTATION, LOSS OF PRODUCTIVITY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATED TO THE RENTAL, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR RESULT FROM A BREACH OF THIS AGREEMENT. 8. DEFAULT AND REMEDIES. (a) Failure to Extend Rental Period: To extend the Rental Period, Renter must obtain The Home Depot’s written approval prior to the expiration of such Rental Period. Should Renter fail to return the Equipment prior to the expiration of the Rental Period or fail to return the Equipment in as good order and condition as when received, Renter will be in default of this Agreement. In addition to remedies set forth in Section 3 (III), if the Equipment is not returned prior to expiration of the Rental Period, Renter will be charged an additional rental fee in the amount identified on Page 1 on a daily recurring basis (“ Additional Rental Fees ”) until the first to occur of the following: ( i ) the Equipment is returned; ( ii ) The Home Depot has received funds in the amount of the value of the Equipment based upon the condition of the Equipment at the beginning of the Rental Period (“ Present Value ”); or (iii) the 30th day after the Rental Period expires. (b) Breach of Terms and Conditions. In the event that The Home Depot determines Renter has violated any term or condition of this Agreement, The Home Depot may take all action necessary to secure either: (i) the return of the Equipment; or (ii) funds equal to the Present Value. In the event The Home Depot must take actions pursuant to this Section 8(b) or Section 3(III) , Renter will reimburse The Home Depot for all costs incurred including, without limitation, reasonable attorney’s fees. Renter expressly agrees and hereby authorizes The Home Depot to charge to the Renter Card, all amounts shown on Page 1 , and all charges subsequently incurred by Renter under or related to this Agreement, including but not limited to: (A) extension of the Rental Period; (B) any charges incurred in connection with the recovery of the Equipment; (C) any charges incurred for failure to return the Equipment, INCLUDING, WITHOUT LIMITATION, ADDITIONAL RENTAL FEES OR EQUIPMENT REPLACEMENT FEES (less any paid additional rental fees). To the extent required by applicable payment card network rules, The Home Depot will obtain Renter’s additional authorization to charge Renter Card, if applicable, for any insurance costs related to Equipment loss, theft, or damage during the Rental Period. (c) Payments. Renter can withdraw authorization to pay the Additional Rental Fees on a weekly recurring payment at any time, and make alternative arrangements to pay the Additional Rental Fees. The Home Depot is authorized to obtain updated card account information from the card issuer. Renter agrees that a service charge of 1.5% per month, or the maximum rate permitted by law, will be assessed on all delinquent accounts, until paid in full. Deposits will be returned only after all amounts payable to The Home Depot are paid in full. Renter is prohibited to use any The Home Depot credit line to pay for delinquent or past due accounts and any future rentals will be postponed until Renter’s account is paid in full. If Renter’s payment towards the account is returned, denied, or otherwise unable to be processed, the balance due may be sent to a 3' d party collection agency on the 31 st day after the expiration of the Rental Period. (d) No Notice. RENTER HEREBY AGREES THAT RENTER IS NOT ENTITLED TO NOTICE OF DEFAULT OR NOTICE OF ANY ACTION OF ENFORCEMENT BY THE HOME DEPOT OTHERTHANWHAT IS EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT. Should The Home Depot fail to meet any of its obligations under this Agreement, Renter’s only remedy is repair or replacement of the Equipment or a rental charge adjustment at The Home Depot’s sole discretion. 9. CONSENT TO COMMUNICATION VIA TEXTING If Renter has consented to receive updates about Equipment via text message, Renter understands and agrees that by providing this consent, Renter may receive up to 5 autodialed informational messages at the mobile phone number Renter provided between the hours of 9am and 6pm . Renter understands and agrees that this consent is not required or a condition of purchasing any products and services and that Renter can opt out at any time by texting text STOP to 97710 to stop (Renter will be sent a confirmation message) or call 1-877-467-2581 or 1-800-466-3337. Standard message and data rates apply. Not all carriers are covered. For questions, contact 1-800- HOMEDEPOT. Privacy and terms information available at www.homedepot.com. 10. NOTICES. The Home Depot may elect to send any notices to Renter by any means determined by the Home Depot. In particular, if Renter has provided The Home Depot with an email address, The Home Depot may send notices to Renter by email and such email notice by The Home Depot will be valid notices for purposes of this Agreement. 11. RENTER’S INDEPENDENT STATUS. The relationship between the Parties under the Agreement is that of independent contractors. Renter is not the agent or authorized representative of The Home Depot for any purpose.
12. GOVERNING LAW . This Agreement will be construed in accordance with the laws of the State of Georgia.
13. SEVERABILITY . If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If any court finds that any provision of this Agreement is invalid or unenforceable, but by limiting such provision it would be valid and enforceable, then such provision will be deemed to be written, construed, and enforce as so limited. 14. ENTIRE AGREEMENT. This Agreement represents the entire agreement between The Home Depot and Renter. This Agreement may not be amended or modified except in writing signed by both parties. This Agreement supersedes any prior written or oral agreements between the parties.
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