Easy Wash Rentals Terms & Conditions
ASY WASH RENTALS, LLC (herein called
“EASY WASH RENTALS”) is pleased to have you as a customer. Your acceptance and use of each appliance described on your invoice (herein the “Equipment”) indicates your agreement to all of these Terms and Conditions of Lease, including, without limitation, payment of rent at the rental rate shown on your Invoice (herein the “Monthly Rate”). Please contact EASY WASH RENTALS if you have any questions about these Terms and Conditions.
RENT PAYMENTS: EASY WASH RENTALS requires payment before the delivery date of the Equipment of the initial Monthly Rate amount plus tax, Security Deposit, and Delivery Fee described below. After delivery, you agree to pay the Monthly Rate amount on the same day of each subsequent calendar month for as long as you rent the Equipment from EASY WASH RENTALS and until the Equipment is returned to EASY WASH RENTALS. Your Monthly Rate amount will include applicable taxes. If EASY WASH RENTALS notifies you of a rent increase, you agree to pay the increased Monthly Rate beginning with the next Monthly Payment date. YOUR RENTAL AGREEMENT IS NOT A PURCHASE AGREEMENT. YOU WILL NOT BECOME THE OWNER OF THE EQUIPMENT NO MATTER HOW LONG YOU PAY RENT TO EASY WASH RENTALS APPLIANCE LEASING. THE EQUIPMENT IS OWNED BY EASY WASH RENTALS APPLIANCE LEASING AND MUST BE RETURNED WHEN YOU CANCEL THE
LEASE OR AFTER YOUR DEFAULT. YOU AGREE NOT TO REMOVE OR DEFACE THE STICKER ON THE EQUIPMENT SHOWING THAT EASY WASH RENTALS APPLIANCE LEASING OWNS THE EQUIPMENT.
RENTAL TERM. The date Equipment is delivered to the address shown on your initial Invoice is the date your rental term begins. You may rent the Equipment with a 6-month term and continue on a month-to-month basis at your option until the earlier of (a) the date you notify EASY WASH RENTALS that you want to terminate the lease with a 30-day notice or (b) the date EASY WASH RENTALS cancels your lease in accordance with these Terms and Conditions. If you notify EASY WASH RENTALS that you want to terminate the lease, you agree to continue paying rent at the Monthly Rate amount until EASY WASH RENTALS receives delivery of the Equipment from you and your final invoice will not be prorated.
FEES AND CHARGES. You may make your payments exclusively through automatic recurring ACH bank withdrawals. To avoid a Late Fee, your payment must be received by EASY WASH RENTALS at its home office no later than the due date. In addition to the Monthly Rate payment, you agree to pay the following fees (if applicable): (a) Delivery Fee of $35 for delivering and installing your Equipment; and an additional $35 for each rescheduled attempt (b) Late Fee of $5 each month when a Monthly Rate payment has not been paid by the due date for each piece of Equipment you have rented (or $10 eachmonth if you have rented two pieces of Equipment or a stackable washer/dryer unit) in addition to the accruing of an additional rent in the sum of $1.00 per day plus applicable sales tax until payment is received; (c) Move Fee of $35 if you move to another unit in the same apartment community and you want to continue renting the same Equipment, or $35 if you move to another apartment community served by EASY WASH RENTALS and you want to continue renting the same Equipment. All of the above fees are subject to applicable state law limitations, if any, and may be changed upon notice to you.
LIMITED DAMAGE WAIVER. EASY WASH RENTALS offers an optional Limited Damage Waiver (“LDW”) for an additional monthly recurring charge of $5.99 per month. Subject to the terms hereof, the LDW is paid in consideration for EASY WASH RENTALS waiving its right to recover damages against you in the event the Equipment suffers incidental physical damage such as scratches, dents, dings, or broken knobs. LDW coverage is void and of no effect if you are not in compliance with your obligations under these terms and the terms of the rental agreement, or if physical damage to the Equipment or loss is caused by vandalism, theft, or intentional abuse or damage. You are not required to purchase LDW coverage.
USE AND RETURN OF EQUIPMENT. You agree to use the Equipment only for your personal use at the address and apartment unit shown on your Invoice. You agree that you will not use the Equipment for business or commercial use. You agree that you will not move the Equipment to another address or unit either within or outside your apartment community. If you plan to move and would like to continue renting the Equipment, you agree to contact EASY WASH RENTALS to determine if the Equipment can be moved to your new unit. EASY WASH RENTALS must move the Equipment for you, and you agree to pay the applicable Move Fee for the removal and reinstallation of your Equipment. EASY WASH RENTALS allows use of the Equipment only at apartment communities it serves and may refuse to allow the Equipment to be moved in its sole discretion. If you decide to cancel your lease, or if you are in default and EASY WASH RENTALS attempts to repossess the Equipment, you agree that the Monthly Rate amount will continue to be due until EASY WASH RENTALS picks up the Equipment from you. It is your responsibility to ensure that EASY WASH RENTALS has obtained the appropriate key release to retrieve the Equipment. EASY WASH RENTALS will not charge a pick up fee if you cancel the lease, you are not in default, and EASY WASH RENTALS picks up the Equipment in your presence or with a key release approved by your apartment manager. A pick up fee covering EASY WASH RENTALS’s costs will be charged if you are in default at the time the Equipment is repossessed or if an attempted to pick up fails because you did
not arrange for a key release from your apartment manager. If the Equipment is lost or stolen, you agree to pay, in addition to all other amounts required by this agreement, the replacement value of the Equipment and all reasonable costs incurred by EASY WASH RENTALS in collecting this amount.
LIMITED WARRANTY; REMEDY FOR DEFECTS. EASY WASH RENTALS UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE EQUIPMENT EXCEPT AS PROVIDED IN THIS AGREEMENT. EASY WASH RENTALS ASSUMES NO RESPONSIBILITY THAT THE EQUIPMENT WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE LEASING THE EQUIPMENT. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. When the
Equipment is delivered, you agree to inspect it and report any damage or defects to EASY WASH RENTALS within Three (3) business days. If you discover a mechanical problem resulting from a defect in the manufacturing of the Equipment, you agree to notify EASY WASH RENTALS promptly. EASY WASH RENTALS will repair or replace the Equipment at its option without charge to you, and this remedy shall be your exclusive remedy. lessee is responsible for ongoing maintenance, inspections, and ensuring proper use of the equipment.
You agree that you will not attempt to repair the Equipment yourself or allow anyone other than EASY WASH RENTALS or its contractors to repair the Equipment. You will be responsible for any damage to the Equipment resulting from any faulty repair work done by you or others. EASY WASH RENTALS Appliance Leasing Terms and Conditions of LeaseEQUIPMENT DAMAGE OR MALFUNCTION RESULTING FROM ABUSE. You agree to use the Equipment only in accordance with manufacturer’s instructions as indicated on the inside lid or door of the Equipment. You agree to be solely responsible and liable to EASY WASH RENTALS for any damage to the Equipment and the cost of any repairs caused by the negligence, misuse or abuse of Equipment, whether caused by you or anyone else. LESSEE ASSUMES ALL RISKS ASSOCIATED WITH USE, EVEN IN CASES OF NORMAL WEAR AND TEAR OR INTERNAL DEFECTS.
INDEMNIFICATION. YOU AGREE TO RELEASE, INDEMNIFY, DEFEND, AND HOLD EASY WASH RENTALS APPLIANCE LEASING, ITS OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATED TO THE USE, OPERATION, MALFUNCTION, OR FAILURE OF THE EQUIPMENT DURING THE RENTAL PERIOD. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR ECONOMIC LOSSES, REGARDLESS OF WHETHER SUCH DAMAGE OR LOSS RESULTS FROM THE NEGLIGENCE OF EASY WASH RENTALS, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY LESSEE ACKNOWLEDGES AND AGREES THAT EASY WASH RENTALS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, FIRE DAMAGE, WATER DAMAGE, ELECTRICAL ISSUES, STRUCTURAL DAMAGE, OR ANY OTHER DAMAGES RESULTING FROM THE EQUIPMENT’S USE, OPERATION, OR MALFUNCTION. LESSEE ASSUMES FULL RESPONSIBILITY FOR ANY AND ALL SUCH DAMAGES AND AGREES TO MAINTAIN ADEQUATE RENTERS’ INSURANCE TO COVER ANY POTENTIAL CLAIMS OR LOSSES RELATED TO THE EQUIPMENT. LESSEE FURTHER AGREES THAT EASY WASH RENTALS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE AND THAT LESSEE ACCEPTS THE EQUIPMENT “AS IS.”
THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE CLAIMED, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, OR BREACH OF CONTRACT, AND SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO LIMIT LIABILITY WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
DEFAULT. You will be in default under your lease and these Terms and Conditions if any of the following should occur: (a) you fail to pay the full Monthly Rate payment or any other applicable fees, charges or damages when due; (b) you breach any of the terms of your lease agreement or these Terms and Conditions; or (c) EASY WASH RENTALS in good faith believes the prospect of payment or performance is impaired. You agree to waive any requirement that EASY WASH RENTALS provide
you with notice of default.
REMEDIES. If an event of default occurs, EASY WASH RENTALS may exercise one or more of the following remedies:
(a) cancel your lease; (b) take possession of the Equipment with judicial process; (c) recover any unpaid Monthly Rate payments owed through the date the Equipment is picked up by EASY WASH RENTALS APPLIANCE LEASING; (d) cancel the lease and collect unpaid Monthly Rate payments through the date of cancellation plus an amount equal to the original cost of the Equipment plus 20% of that amount if the Equipment has been lost, stolen, or cannot be picked up by EASY WASH RENTALS; (d) recover all reasonable collection costs incurred by EASY WASH RENTALS including reasonable fees paid to third party collectors and/or attorneys to the extent allowed by applicable law; (e) CREDIT APPROVAL is not required. Customer agrees that EASY WASH RENTALS is authorized to investigate Customer’s credit and report to Credit Bureaus; and/or (f) pursue any other rights or remedies allowed by applicable law. Section 31.04 of the Texas Penal Code provides that any person having possession of personal property of another by virtue of a rental contract, who, with intent to avoid payment and without the owner’s consent, holds the property beyond the expiration of the rental period and thereby deprives the property owner of theproperty of its use in further rentals, shall be guilty of the crime of Theft. You agree to pay all of EASY WASH RENTALS’s expenses and costs of enforcing these Terms and Conditions, including reasonable attorney’s fees and expenses, as allowed by applicable law, whether or not a lawsuit is filed. EASY WASH RENTALS reserves right to report you to credit bureaus if you do not pay all amounts owed by you under these Terms and Conditions and you hereby authorize EASY WASH RENTALS to file such reports.
ARBITRATION. You and EASY WASH RENTALS agree that any disputes between us, at the request of either party, made at any time, including without limitation claims, controversies or disputes that have already been initiated in any court or that could or would otherwise be subject to class actions (the “Despute”), shall be subject to binding arbitration subject to the Federal Arbitration Act, common law principles, the due process standards of the Consumer Due Process Protocol of the American Arbitration Association (“AAA”), and the terms of this section, unless otherwise agreed. Each dispute shall be decided be the parties who shall be licensed, practicing attorney who is knowledgeable in the subject matter of the Dispute. Each party agrees to pay half the arbitrator’s fee, but if you can demonstrate that you cannot afford the arbitrator’s fee, EASY WASH RENTALS will pay the entire fee. ARBITRATION OF A DISPUTE SHALL BE MANDATORY FOR BOTH PARTIES UPON THE ELECTION BY EITHER PARTY TO ARBITRATE, REGARDLESS OF WHEN SUCH ELECTION IS MADE (INCLUDEING ELECTIONS
MADE AFTER THE INITIATION OF A LAWSUIT OR COUNTER-SUIT IN ANY COURT OR TRIBUNAL OF COMPETENT JURISDICTION). IF ARBITRATION IS SELECTED BE EITHER PARTY, YOU AND EASY WASH RENTALS AGREE THAT SUCH ELECTION EILL PRECLUDE EITHER PARTY FROM HAVING THE DISPUTE HEARD OR DECIDED
BEFORE A JURY OR COURT OF LAW. You may obtain more
information on Arbitrations at www.adr.org.
ACH Payment Authorization Terms and Conditions
By providing EASY WASH RENTALS, LLC (“EASY WASH RENTALS”) with your checking account information for ACH (Automated Clearing House) payments, you agree to enroll in automatic bank withdrawals (“Authorization”) for payments under the terms of the EASY WASH RENTALS Lease and Release, Waiver and Indemnity Agreement (the “EASY WASH RENTALS Lease”). This Authorization allows EASY WASH RENTALS to withdraw payments directly from your bank account for monthly rental fees, past due balances, uncollected fees, liquidated damages for unreturned equipment, and any applicable sales tax as agreed upon in the EASY WASH RENTALS Lease.
By agreeing to this Authorization, you authorize EASY WASH RENTALS to retain your bank account information on file for ACH transactions. You also authorize your financial institution to process these withdrawals in accordance with this agreement.
The EASY WASH RENTALS Lease provides that an unpaid account balance is past due if (a) payment is not received by EASY WASH RENTALS at its home office no later than the due date or (b) the oldest unpaid invoice’s payment due date has passed. A Late Fee of $5 per month will be applied when a Monthly Rate payment has not been received by the due date for each piece of Equipment you have rented (or $10 per month if you have rented two pieces of Equipment or a stackable washer/dryer unit). Additionally, a daily rent accrual of $1.00 per day plus applicable sales tax will be charged on any past due balance. Failure to return the equipment as required under the EASY WASH RENTALS Lease terms will result in charges for the replacement value of the Equipment and all reasonable costs incurred by EASY WASH RENTALS in collecting this amount.
EASY WASH RENTALS, at its discretion, may use this Authorization to process ACH withdrawals for any outstanding past due balances, uncollected fees, or liquidated damages for unreturned equipment associated with the EASY WASH RENTALS Lease. These charges will appear on your monthly bank statement as an ACH debit from EASY WASH RENTALS.
You understand that this Authorization is a standing authorization and is not a one-time payment authorization. ACH withdrawals will continue until the lease agreement is terminated, or you submit a valid cancellation request in accordance with these terms.
If an ACH payment is declined due to insufficient funds or any other reason, you authorize EASY WASH RENTALS to reattempt the transaction or request an alternative payment method. You remain responsible for ensuring sufficient funds are available to cover payments. Any dishonored ACH transaction may result in additional fees, including but not limited to collection costs, attorney’s fees, and bank penalties.
This Authorization may be terminated at any time by submitting a cancellation request via email to info@easywashrentals.com. Termination of this Authorization does not release you from any outstanding balances or obligations under the EASY WASH RENTALS Lease. Written cancellations must include your customer number, your name, checking account billing address, phone number, and the last four (4) digits of your checking account number and the effective date of cancellation. Please allow ten (10) calendar days for processing any notice delivered by you to EASY WASH RENTALS. If either the Lease or this Authorization is cancelled, a new Authorization must be submitted. No new Authorization can be accepted by telephone.
If you would like to change the banking information listed in this Authorization, or any other material information contained in this Authorization, you can either update the information you must contact EASY WASH RENTALS by emailing info@easywashrentals.com. Again, please allow ten (10) calendar days for processing.
If you dispute any amount charged under this Authorization, you may contact EASY WASH RENTALS by emailing us at info@easywashrentals.com. All billing disputes that cannot be settled through discussion between you and EASY WASH RENTALS shall be resolved in accordance with the dispute resolution process established by your financial institution for ACH transactions. EASY WASH RENTALS reserves the right to requireyou to re-certify this Authorization to us at any time upon our written request. Any disputes for any charges due to EASY WASH RENTALS from you under this Authorization are also subject to the dispute resolution procedures contained in the EASY WASH RENTALS Lease.
EASY WASH RENTALS may amend or modify the terms or conditions of this Authorization at any time with reasonable prior notice of such amendments or modifications to you, which notice shall be communicated to you in the same manner that notices and other information are communicated with you under the EASY WASH RENTALS Lease. If any part of this Authorization is found to be void, unenforceable or invalid, it shall not affect the other provisions of this Authorization. EASY WASH RENTALSs failure to enforce your strict performance of any provision of this Authorization shall not be construed as a waiver of EASY WASH RENTALSs right to subsequently enforce such provision or any other provision of this Authorization, nor shall it be deemed a waiver of enforcement of that or any other provision. This Authorization is personal to you, meaning that you may not assign your rights or obligations hereunder, by operation of law or otherwise, and no third party is a valid assignee of your rights under this Authorization. You represent that you, the individual signing this Authorization, are over the age of eighteen (18) and have the authority to bind yourself to this agreement for the authorization of payments via ACH bank withdrawals as described herein.This Authorization, along with the relevant portions of the EASY WASH RENTALS Lease, are the exclusive and entire agreement between you and EASY WASH RENTALS concerning charges under this Authorization. This Authorization and the EASY WASH RENTALS Lease, however, do not supersede the applicable terms and conditions of any payment card system or financial institution that has issued your credit or debit card, which terms and conditions remain in full force and effect. This Authorization is subject to the dispute resolution, governing law and venue provisions of the EASY WASH RENTALS Lease Terms and Conditions.