General: Hardware Insurance is an optional add-on which may be purchased through Fello’s Platform when you place an Order. Hardware Insurance provides limited coverage against repairable damage and theft of Covered Equipment (defined below) occurring during the Coverage Period (defined below). By purchasing Hardware Insurance, you agree to be bound to the terms and conditions of this Hardware Insurance Agreement (the “Agreement”), which are set forth herein. Hardware Insurance Fees shall be fully paid by you when you submit an Order containing a request for Hardware Insurance coverage. The Hardware Insurance must be purchased before your Order ships.
Defined Terms: Capitalized/boldfaced terms used but not defined in this Agreement shall have the meanings given to them in the Master Rental Agreement (above). All terms defined in the Master Rental Agreement are incorporated herein by reference.
Incorporation of this Agreement Into the Master Rental Agreement: This Agreement shall form a part of, and be subject to, the Master Rental Agreement. In the event of a conflict or inconsistency between this Agreement, the Master Rental Agreement and any other agreement entered into by you and Fello, the terms, provisions and intent of the Master Rental Agreement shall govern.
Coverage Period: Hardware Insurance covers the period that you are in possession of Fello’s Covered Equipment. Coverage begins when you accept the Covered Equipment from the Shipping Carrier at the time of delivery and coverage ends upon the earlier of: (i) 11:59 P.M. on the Rental End Date; (ii) your submission of the Equipment to the Shipping Carrier (for the return shipment to Fello); or (iii) termination or expiration of this Agreement as provided herein (the “Coverage Period”).
Covered Equipment Items; Fees; Deductibles: The items which are eligible for coverage (“Covered Equipment”) are indicated in the Fee Schedule (Appendix A) together with the applicable Hardware Insurance Fees and Deductibles (Appendix A). Fello reserves the absolute right, in its sole discretion, to amend the list of Covered Equipment and the Hardware Insurance Fees and Deductibles at any time, without notice to you. However, the Covered Equipment, Hardware Insurance Fees and Deductibles provided as of the date you enter into this Agreement shall be applicable during the Coverage Period.
Repairable Damage to Covered Equipment: Hardware Insurance covers instances where Covered Items become damaged during the Coverage Period and the damage is repairable; and
Theft of Covered Equipment: Hardware Insurance protects against the theft of Covered Equipment that occurs during the Coverage Period and is supported by a timely filed police report.
Equipment damage or failures caused by acts of God, fire, flood, explosions, war, terrorism, strikes, embargos, acts of the government, military authority or the elements
Abuse, misuse or improper use, improper installation, water damage or Renter or third party negligence;
Damages to Covered Equipment’s software or Operating Systems;
Pre-existing defects or operational failures of the Covered Equipment;
Cracked displays, unless the cracked display(s) are the result of normal wear and tear to the Covered Equipment, or a defect in parts or manufacturing;
Equipment which is not described in the Fee Schedule as “Covered Equipment”;
Covered Equipment which Fello determines is unable to be repaired and will require replacement; and
Damage Claims: After the Rental Period, you are required to return Equipment to Fello. When the Equipment is received, Fello’s inventory team conducts an assessment of the returned Equipment during the Return Inspection Period, including whether Equipment has been damaged and whether the damaged Equipment is repairable. Notwithstanding the exclusions set forth in Section 7 above, Covered Equipment which is deemed to have been damaged and is capable of being repaired will qualify for coverage, in which case you will be charged the amount of the applicable deductible in the Final Invoice instead of the Replacement Cost. However, if the Covered Item cannot be repaired and requires replacement, you will be charged the Replacement Cost.
Theft Claims: In the event of the theft of Equipment, Renter must file a police report within twenty (24) hours of the alleged theft. Renter’s failure to provide Fello with a copy of a timely filed police report shall result in denial of the theft claim. Renter shall also submit any proofs it has of the theft (including, for example, evidence of break-ins, affidavits, and other evidence that would tend to support the claim). Fello may request additional evidence and supporting documentation of the alleged theft. Fello shall have until the expiration of the Rental Inspection Period to make a determination as to whether a bona-fide theft claim has been submitted and based upon the evidence provided by Renter to Fello, whether coverage shall be granted. If Fello grants the theft claim, then you will be charged the applicable Deductible Fee in the Final Invoice, in lieu of Replacement Costs. However, if your theft claim is denied for any reason, then the Replacement Costs shall be charged.
Coverage Determination by Fello: Fello shall have full discretion and authority to interpret all terms and provisions of this Agreement and to make a final determination pertaining to Renter’s eligibility for coverage.
Termination; Effect of Termination: Fello shall have the right to terminate this Agreement if you are in breach of any provision contained in this Agreement, the Master Rental Agreement or any other agreement between you and Fello, and you fail to cure the breach within thirty (30) days of notice thereof. Notwithstanding the foregoing, Fello shall have the right to immediately terminate this Agreement without notice if the Master Rental Agreement is terminated for any reason.
Severability: Each provisions and term of this shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision or term of this Agreement shall be held to be prohibited by or invalid under such applicable law, then, such provision or term shall be ineffective only to the extent of such prohibition or invalidity, without invalidating or affecting in any manner whatsoever the remainder of such provisions or term or the remaining provisions or terms of this Agreement.
Assignment: Fello may assign this Agreement without notice to Renter. Renter may not assign this agreement.
Limitations Period: No action or claim arising under or in connection with this Agreement, regardless of the type of claim, may be brought by Renter more than one (1) years after Renter becomes aware of or should reasonably have become aware of the occurrence of events giving rise to the cause of action.
Third-Party Beneficiaries: Anything to the contrary notwithstanding, nothing in this Agreement is intended, nor shall be deemed, to confer upon any person or legal entity other than Us or You, and our respective successors and assigns as may be contemplated by this Agreement, any rights or remedies under this Agreement.
Governing Law: The parties agree that this Agreement will be governed by the laws of the State of New Jersey without regard to any conflict of laws principles
Dispute Resolution: The Parties agree that all disputes between the Parties with respect to this Agreement shall be resolved using the Dispute Resolution procedure set forth in Section 55 of the Master Rental Agreement.
Entire Agreement: This Agreement and all exhibits to this Agreement constitute the entire agreement between the Parties and supersede any and all prior negotiations, understandings, representations, and agreements.