Askmyneighbor.org, LLC, DBA BOLELO.org, hereinafter referred to as the “Community,” operates an online marketplace facilitating the lending and borrowing of items between members. The Community provides to its members a marketplace for borrowers and lenders to come together and borrow/lend items for a fee. This document, the Lender Agreement and the Community’s Terms and Conditions set forth the terms of the agreement among and between the Community and each member who uses the Community’s marketplace to borrow or lend one or more items.
BY USING THE COMMUNITY, THE BORROWER AGREES
- That s/he is at least 18 years of age and possesses government issued photo identification.
- Only the person named as borrower in the booking agreement will complete the transaction.
- To promote personal safety and to help protect Lender’s asset, Borrower will show to the Lender a valid photo identification upon initial pick up or delivery of the item, and will allow the Lender to photograph Borrower’s identification for temporary storage while the Borrower has temporary possession of the Lender’s item.
- Borrower agrees to send any cancellation request by 6:00 pm (in the time zone in which initial delivery or pick up was to occur) on the calendar day before the scheduled booking start date to be eligible to receive a full refund.
- If the Borrower fails to cancel by this deadline and does not pick up or accept delivery of the Lender’s item, the Borrower will forfeit 100% of fees paid.
DELIVERY & ACCEPTANCE
- The Borrower shall reasonably inspect each item upon tender of delivery. The Borrower shall initiate a good faith discussion with the Lender regarding any perceived defects or variance from the Lender’s item posting.
- IF THE BORROWER ACCEPTS DELIVERY OF THE ITEM, THE BORROWER WILL BE CONCLUSIVELY PRESUMED TO HAVE CONDUCTED A REASONABLE INSPECTION AND ACCEPTED THE ITEM AS IS AND WITH ALL FAULTS, NOTWITHSTANDING ANY DEFECTS OR OTHER ISSUES THAT ARE DISCOVERABLE UPON REASONABLE INSPECTION.
- Before rejecting the item, the Borrower shall discuss in good faith any perceived defect or variance with Lender and attempt to resolve the matter. If this attempt is unsuccessful and the Borrower rejects the item, the Borrower agrees and acknowledges that any refund due to the Borrower shall be the sole responsibility of Lender, and that the Community shall have no obligation to refund or pay any amounts to any party on account of the Borrower’s rejection and/or the claimed defect or variance.
WARRANTIES AND LIMITATION OF REMEDY
- The Community makes no warranties as to any item offered through the Community’s marketplace. Any and all warranties, express or implied, are given solely by the Lender. THE COMMUNITY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Any and all statements, descriptions, photographs and representations included in the item posting in the Community’s marketplace are made by the Lender, and not the Community.
- By using the Community’s marketplace, the Borrower acknowledges and agrees that the Borrower is not relying on any skill or judgment of the Community and/or the Lender regarding whether the borrowed item is suitable for any particular purpose that the Borrower may have in mind. THERE IS NO WARRANTY THAT THE ITEM WILL BE FIT FOR A PARTICULAR PURPOSE.
- As described above, the Borrower is obligated to reasonably inspect the item before picking up or accepting delivery from the Lender. Borrower’s sole recourse in the event a defect is identified is to reject delivery of the item. IF BORROWER ACCEPTS DELIVERY, WHETHER OR NOT SUCH AN INSPECTION IS ACTUALLY PERFORMED, THE BORROWER ACCEPTS THE ITEM AS IS AND WITH ALL FAULTS.
- If the borrowed item is materially defective or does not conform to the description in the item posting on the Community marketplace, the Borrower’s sole remedy is to obtain a refund of the amount paid for the booking from the Lender.
- The item may only be used and operated carefully and properly. Borrower’s use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the item, including registration and/or licensing requirements if any.
- The Borrower shall maintain, at the Borrower's cost, the item in good repair and operating condition, allowing for reasonable wear and tear.
- The Borrower shall not assign or sublet any interest in this Agreement or the item or permit the item to be used by anyone other than the Borrower or Borrower’s employees, without Lender's prior express written consent.
RETURN OF LENDER’S ITEM
- The Borrower agrees to return the item in the condition in which it was received from the Lender, reasonable wear and tear excepted, at the time and place specified when the booking is made or as may be otherwise expressly agreed to by the Lender and the Borrower.
- If Borrower is unable for any reason to return the item at the specified time and place, the Borrower should notify the Lender in advance that return of the item will be delayed. In such event, unless otherwise expressly agreed between the Lender and the Borrower, the Borrower is obligated to pay to the Lender an additional fee in the amount of the price paid by the Borrower for the booking.
- If the Borrower fails to return the item at the specified time and place and does not notify the Lender and make alternate arrangements to return the item within 24 hours after the designated time for return of the item, the item will be considered stolen by the Borrower and the Lender will file a police report to that effect.
DAMAGE TO ITEM & LOSS WAIVER PROGRAM
- From acceptance of delivery of the item until the Borrower’s return of the item to the Lender, the Borrower accepts responsibility for any damage to or loss of the item, reasonable wear and tear excepted. However, accidental damage or loss may fall within the Community’s Direct Physical Damage Loss Waiver program (“DPDLW”).
- The Community provides Lenders and Borrowers with peace of mind regarding loss or liability for accidental loss or direct physical damage to the item borrowed. The Community’s Direct Physical Damage Loss Waiver (“DPDLW”) is a required part of every transaction in the Community’s marketplace. For a small added cost to the rental fee, DPDLW waives the Borrower’s financial responsibility in excess of $25 or 10% of the item’s fair market value, whichever is greater, for any accidental loss or direct physical damage incurred to the borrowed item, provided the Borrower does not intentionally abuse or damage the rented item and otherwise complies with this Agreement.
- In the event of loss or damage beyond normal wear and tear, the Borrower is responsible for initiating a DPDLW claim with the Community, with an absolute deadline of, 7 days after the time loss or damage has occured. If the Borrower fails to file a claim within the time required, or if the claim fails to qualify for the DPDLW program, the Borrower will be responsible for up to the fair market value of the item.
- In the event that the DPDLW program applies to damage to or loss of an item and a claim is properly submitted and documented, the Borrower’s responsibility will be limited to $25 or 10% of the fair market value of the item, whichever is greater. A “hold” on this amount is assessed against the Borrower’s form of payment when the booking is made, and will be released in the event the item is returned undamaged.
- Pricing of DPDLW varies depending on the type of item rented, duration of the rental, and condition of the item at the time of the rental. The Rental Fee will include the current daily rate for the type of item rented.
- DPDLW is in effect for the entire rental period as specified on the Rental Agreement. This waiver will continue in effect until you return the rented item at the time and place designated when the booking is made.
- DDPDLW claim procedure:
- The Borrower should first attempt to resolve the issue with the Lender amicably. This may be the quickest way to resolve the issue and keep the Lender from losing more income opportunities. If the Borrower and the Lender are unable to reach agreement to resolve the issue, the DPDLW may be available.
- There is a “chatbot” link on the marketplace site for the Borrower to report any direct physical damage to the rented item, except for normal wear and tear incurred during the use of the item. The Borrower must report any direct physical damage to the rented item within seven (7) days of the damage. At that time, the Borrower be required to answer a series of questions and to provide photographs or other information and/or proof of the loss or direct physical damage to the rented item. If the item has been stolen or vandalized, the Borrower will be required to supply a police report to that effect.
- If the loss or damage is properly reported and documented such that the DPDLW applies, the Borrower will be absolved of liability exceeding the greater of $25 or 10% of the item’s fair market value. In that event, the Community will compensate the Lender in amount of the cost of repair or the item’s fair market value, whichever is less. The Community will recoup part of this cost by charging the Borrower’s form of payment used for the booking for the greater of $25 or 10% of the item’s fair market value (a hold in this amount is placed at the time of booking, which would otherwise be released back to the Borrower in the event the item is returned undamaged). In the event the Borrower’s form of payment fails for any reason to pay the greater of $25 or 10% of the item’s fair market value, the Borrower agrees to reimburse the Community for that amount.
- This Agreement constitutes the entire agreement between the parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both parties. This Agreement replaces all prior agreements between the parties.
- This Agreement shall be construed in accordance with the laws of the State North Carolina. In the event that the provision requiring application of North Carolina law to this Agreement should be held unenforceable as against public policy or otherwise, then this Agreement shall be construed in accordance with the laws of the State of Borrower’s primary residence.
- If any portion of this Agreement 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 Agreement 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.
- The failure of either party to enforce any provision of this Agreement 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 Agreement.
- BOLELO’s role is limited to the facilitation of linking Borrower and Lender for the lending/borrowing transaction. No guarantee/warranty of any kind is offered, expressed, or implied. BOLELO will not mediate nor engage in arbitration of disputes between Borrowers and Lenders.
- If the Borrower has a dispute with one or more other members, the Borrower shall release the Community (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties.
- Borrower shall indemnify and hold the Community (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Borrower’s actual or alleged actions in breach of this Agreement, in violation of any law, and/or in contravention of the rights of a third party. Borrower’s obligations to indemnify and hold harmless shall extend to any claims for personal injury, property damage or other economic injury actually or allegedly caused by the Borrower’s actions or inactions in use or maintenance of an item, description of the item and/or provision of instructions for use of the item.
- Borrower shall not hold the Community responsible for any content, actions, or inactions of any Lender, Borrower or other member of the Community.
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