SunRadon Equipment Rental: Terms and Conditions

The "Rental Monitor Terms and Conditions" are applicable to all SunRADON customers that elect to rent equipment from SunRADON. If not explicitly expressed here all of SunRADON's standard " Terms and Conditions " apply.  

By purchasing any Product, REGISTERING FOR AN ACCOUNT WITH SUNRADON or ONERADON, DOWNLOADING an APP, accessing or using a SERVICE including our Rental Monitor Service, or by clicking “accept” or “agree” to these Terms through the site, an APP or ANOTHER SERVICE, you acknowledge and agree that you have read, understood, accept and agree to be bound by the terms of the Agreement.  If you do not agree to or cannot comply with any term of this Agreement, then you should not purchase any Product or Service including our Rental Monitor Service, register for an account with SunRADON, download any App, or access or use any Service, as SunRADON permits you to do so only upon the condition that you accept all of the terms contained in the Agreement.

This Rental Monitor Agreement (hereinafter referred to as the "Agreement") is made by and between SunRADON LLC ("hereinafter referred to as "SunRADON"), a Florida corporation, having its principal place of business at 1335 Gateway Drive, STE 2004, Melbourne, FL 32901, and Customer, with regard to the rental of that certain radon monitoring equipment and related accessories owned by SunRADON (hereinafter referred to as the "Equipment"). 

In consideration of the mutual exchange of promises, and for other good and valuable consideration, SunRADON and Customer, agree as follows:

1. RENTAL PERIOD. Equipment is rented for a 6-month or 12-month periods as selected by the Customer upon renting said Equipment. The rental period shall commence on the date customer orders said rental Equipment and shall in all cases extend until the date Equipment is received at the SunRADON facility in Melbourne, FL.

2. RENTAL CHARGES.  Customer shall pay to SunRADON, a monthly prepaid rental charge for the use of the Equipment, plus any sales or use tax imposed thereon.  The first monthly prepaid rental charge shall be due upon execution of this Agreement.  The monthly prepaid rental charges shall continue to be due each month thereafter until the 6- or 12-months term of the agreement expires.  Should the rent or any part thereof remain unpaid 14 days past its due date, Customer shall pay SunRADON interest on such arrears at the rate and terms as stipulated in SunRADON's Terms and Conditions.

3. SHIPPING and HANDLING. Shipment of rental equipment is free for Equipment shipments scheduled and initiated by SunRADON (initial rental monitor shipment, scheduled calibration). Customer is responsible for shipment cost to SunRADON for out of schedule calibration or repair requests, i.e., when a calibration or repair request is initiated by the Customer and not scheduled by SunRADON.

4. TAXES.  Customer shall pay all taxes and other governmental charges assessed in connection with the rental, use or possession of the Equipment including, without limitation, all sales and/or use taxes and personal property taxes.

5. OWNERSHIP and USE.
   

   1. At all times, the Equipment shall be the sole and exclusive property of SunRADON and is provided to Customer solely on a rental basis. Customer shall have no rights or property interest in the Equipment, except for the right to use it in the normal operation of the business of Customer and such right shall continue only during the period in which rental charges to SunRADON are current.

   2. In the event a rental charge is more than fourteen (14) days overdue, SunRADON shall have the right to render the Equipment or any related Services nonoperational. The Equipment and Services shall not become operational until all unpaid rental charges and costs of collection have been paid in full.

   3. Customer shall pay, and shall indemnify SunRADON from, any and all sales and/or use taxes, fees for permits, registrations, permits and any other certificates required for the lawful operation of the Equipment.

   4. Customer shall cause the Equipment to be operated only in accordance with SunRADON’s manual of instructions, by competent and qualified personnel. Customer shall not allow the Equipment to be used in a manner that violates any applicable law, rule or regulation.  Customer shall indemnify SunRADON for any failure to comply with this provision.

   5. Customer shall bear the entire risk of loss, damage, theft, destruction or material damage of the Equipment from any cause whatsoever and upon the happening of any of such events, Customer shall pay to SunRADON on demand, the then current list price of the Equipment or, in the case of material damage, the cost to SunRADON of repairing or restoring such Equipment, with all such costs to be paid immediately upon invoice. 

   6. The Customer shall, upon receipt of the Equipment, or upon receipt of the Equipment after repair or calibration by SunRADON, acknowledge receipt of the Equipment by following the instructions sent to the customer to connect to the Equipment upon receiving it via SunRADON's OneRADON mobile app. Customer’s failure to follow the instruction to connect to the Equipment to update the records of ownership within fourteen (14) days of receipt of the Equipment shall be deemed a violation of this agreement.

   7. Customer has the option to purchase the Equipment at the end of any 6- or 12-months rental period. Customer should contact [email protected] to request the conversion cost for the Equipment.

6. SERVICE and REPAIR. Customer shall keep the Equipment in good condition and, at its own cost, return any non-working equipment to SunRADON for repair or replacement. Customer shall not attempt to repair the Equipment. Customers should contact SunRADON’s customer service for operating assistance and/or return instructions.   All Equipment rentals include an annual calibration service and access to the OneRADON | Cloud Service. Factory calibrated and certified replacement Equipment will be sent to Customer with instructions to return the Equipment that the Customer is currently using.

7. INSURANCE. Customer, at its own cost and expense, shall insure its interest in the Equipment as it deems appropriate, and any and all policies of insurance shall provide for payment of all losses to SunRADON.   SunRADON reserves the right to require the Customer to verify evidence of such insurance.

8. INDEMNIFICATION of SunRADON.  The indemnity defined in SunRADON's Terms and Conditions shall be unlimited and shall continue in full force and effect, notwithstanding the termination of this rental agreement.

9. RETURNS. Equipment shall be returned to SunRADON in good operating condition, normal wear and tear excepted. Customer shall properly pack all Equipment being returned in its original shipping boxes and shall be responsible for any damage caused during return shipment.

10. REMEDIES and BREACH. Upon the occurrence of any failure of Customer to timely pay the rental charge due each month for said Equipment or upon the occurrence of any other default hereunder, or at any time afterwards so long as such failure or default continues, SunRADON may, at its option and without notice to Customer, declare this Agreement to be in default and may exercise one or more of the following remedies, to the extent available, permitted by, and subject to any mandatory requirements of applicable law: 

    1. demand that Customer immediately return the Equipment to SunRADON in the manner specified by written notice, which demand will be effective on delivery;

    2. demand that Customer pay SunRADON for any Equipment not returned within fourteen (14) days, the then current list price of the Equipment; 
       

    3. proceed by appropriate court action or actions, either at law or in equity, to enforce performance by Customer of the applicable covenants of this Agreement and to obtain relief that the court considers appropriate for the breach; 

    4. terminate this Agreement by written notice, which will be effective upon delivery.