THIS EQUIPMENT LEASE AGREEMENT (“Lease”) is made and effective by clicking on the “I agree, submit order” button, by and between RGnG, LLC, (DBA, Rent Guns and Gear and RgunsNgear.com), (“Lessor”) and current user (“Lessee”). By clicking on the “I agree, submit order” button, Lessee agrees to be bound by this Equipment Lease Agreement and all the Terms and Conditions therein, whether or not Lessee has read them. Lessor may at its sole discretion modify this Equipment Lease Agreement and all the Terms and Conditions therein at any time. By clicking on the “I agree, submit order” button, Lessee indicates acceptance of the modified Terms and Conditions. NOW, THEREFORE,
Every effort is made to assure descriptions and prices are correct. Lessor reserves the right to correct errors as needed. All prices and availability are subject to change without notice.
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (“Equipment”): shown above in the “Contents” area during checkout.
Lessee agrees to pay both outgoing and return shipping charges at the time of the initial transaction, unless parties otherwise agree.
- Use, by Lessee, of shipping methods other than those arranged for by Lessor is a violation of these terms, and may result in the application of late fees.
- Assumption of Shipping Liability:
- Lessor cannot guarantee a specific time or date for delivery. Any shipping time or date given by Lessor is only the best available estimate. Although late shipments are generally rare, RGnG, LLC recommends starting your reservation at least one day in advance of your planned departure date to help ensure you receive your items in time for your travel plans.
- While we do our best to ensure that your product reaches you as quickly and as trouble-free as possible, we simply cannot guarantee that the shipping carrier (for example, UPS, USPS, or FedEx) will not damage or lose your items. RGnG, LLC cannot be held liable for any inconvenience or alteration of hunting and travel plans or costs incurred resulting from shipping delays, lost or stolen shipments, or damaged shipments of rental products. Lessor’s rental period does not start until the shipper delivers or makes the 1st attempt to deliver Equipment to the Lessor. In the event shipments are lost or delayed, Lessor will refund Lessee for any days equipment was not available during the Lessor’s reservation.
- Once Equipment is delivered and signed for at Lessor’s chosen address or at the FFL Lessor selected to use, Lessor must inspect the order against the shipping bill and immediately report any missing or damaged items to RgunsNgear.com via email with photos of the packaging, shipping case, its contents, and damaged items to Shipping@RgunsNgear.com If no damage or missing items are reported within 24 hours, customer assumes all responsibility for damaged or missing items and hereby explicitly releases RGnG, LLC from all liability and responsibility thereafter.
- All items are shipped with signature required and cannot be left at the lessee’s residence or door-step if a signature is not obtained. RGnG recommends shipping orders to your workplace or sign up for UPS My Choice to request home deliveries when you are there, or re-route your delivery to a UPS shipping hub or service center where it can be held until picked up by lessor with proper photo I.D. and a signature.
The term of this lease shall commence at the latter of the date the Shipper shows the first attempted delivery or the first day of the rental period shown on order receipt. The term of this lease shall expire on the expiration of the term of days shown on the order receipt. The Equipment must be returned to the chosen Shipper by the end of business on the last day of the term of the lease, or penalties will be incurred as described in paragraph 6. Late Returns.
Rent and a deposit, if applicable, must be paid in advance, in full.
6. Late Returns
Late returns are penalized a maximum daily penalty equivalent to 25% of the 4 day rental rate for the Equipment. Any penalties will be charged to the Lessee’s form of payment on file with Lessor.
- In the event the rental is not returned 7 days after the due date and Lessor has been unable to collect the applicable penalties, or contact the Lessee, Lessee agrees to pay the full replacement value of the Equipment and agrees that the Lessee’s form of payment will be charged the full replacement value of the Equipment.
- If Lessor is unable to collect penalties or the replacement value of the equipment after 7 days, the Lessee shall be considered to be in Default.
- Lessor reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.
Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, including all applicable firearms fish and wildlife regulations, ordinances, and regulations. Lessee agrees not to loan or transfer the Equipment to any other person. Lessee agrees that Lessee will review the firearm’s User Manual prior to using the Equipment. Lessee has reviewed and acknowledges an understanding of the following safety requirements:
- Handle all firearms as if they are loaded! Never forget that a gun has the potential to produce serious injury or death in a single instant of carelessness. Make safe gun handling a habit. After you determine that a gun is unloaded, continue to handle it as though it were loaded.
- Always keep your firearm pointed in a safe direction! In selecting a safe direction, you must also take into consideration that a bullet can ricochet or glance off any object it strikes, and that bullets can penetrate walls, ceilings, floors, and windows.
- Keep your finger out of the gun’s trigger guard and off the trigger until you have aligned the gun’s sights on a safe target, and you have made the decision to fire! By keeping your finger completely outside the trigger guard until you have aimed at the target, you guarantee that any shots you fire will go safely in the direction of your intended target.
- Always be certain that your target and the surrounding area are safe before firing! Remember that a bullet can travel several miles, so you should be certain of what your bullet could strike before you pull the trigger. Never fire at a movement, a noise, a flash of color, or a rustling bush without positively identifying your target.
8. Cancellation by Lessor
Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs.
9. Reservation Cancellation or Modification by Lessee
Lessee may cancel an order at any time, for any reason until the Lessor transfers possession of the Equipment to the Shipper (UPS). For all reservation changes, Lessee must contact RgunsNgear.com customer service at service@RgunsNgear.com or by calling (855) 355-3337 during normal business hours. Cancellation penalties will apply according to the Reservation Cancellation Policy (See Paragraph 19.).
The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment.
11. Damaged or Modified Equipment
Lessee shall keep the Equipment in good repair and condition. Lessee shall not modify or alter the Equipment in any way. Lessee agrees to the following:
- In the event of any material modifications, Lessee will be responsible for all reasonable costs of Lessor in restoring the Equipment to its normal condition/function.
- Lessee assumes and shall bear the entire risk of damage to the Equipment from any cause, except damage in the possession of the Shipper, during the term of the Lease.
- Unless pre-existing damage is reported to Lessor within 24 hours after Lessee takes possession of the Equipment, it is assumed any damage to the equipment (not listed as pre-existing on the shipping bill) occurred during the term of the Lease.
- If there is a dispute between Lessor and Lessee as to whether damage occurred in possession of the Shipper, the equipment shall be sent to an external repair facility. The opinion of the repair facility, as to the cause of the damage, shall be binding on the parties.
- In the event of damage, Lessor shall choose the repair method and venue, within reason.
- If Lessor chooses an external venue for repair, Lessee is responsible for the total cost of repair, if commercially reasonable.
- Lessor may elect to repair the Equipment in-house. In these cases, Lessee shall be responsible for Lessor’s reasonable expenses for parts and labor.
- Lessee’s form of payment shall be charged the amount of repair expenses owed to Lessor. If the Lessee’s form of payment can’t be successfully charged within 24 hours, Lessee shall be considered to be in Default.
- At Lessor’s discretion, a cleaning fee may be
charged if any of the following must be removed from the equipment upon return:
- Mud or dirt
- Grease, oils or lubricants
- Stains, odors, or any other residue or matter that must be removed from the Equipment before it is placed back in Lessor’s inventory
12. Loss of Equipment
Lessee assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease.
- Lost or Stolen Equipment – In the event that the Equipment is reported by Lessee to be lost or stolen during the term of the Lease, Lessee is liable to Lessor for the replacement value of the Equipment.
- Lessor shall charge Lessee’s form of payment the amount owed for replacement of the lost or stolen Equipment.
- If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
- Unreturned Equipment – If the Equipment is not returned within seven days of expiration of the term of the Lease, the Lessee shall be liable for the replacement value of the Equipment.
- In case of a dispute over whether the Lessee
returned the Equipment:
- If the tracking information for the return shipping label provided by Lessor does not show that the Equipment has been picked up by Shipper and the Lessee has no drop-off receipt, the Equipment is considered unreturned.
- If Lessee used an alternate shipping method, not arranged in advance by the parties, and the Equipment is subsequently lost in transit, the Equipment is considered unreturned and Lessor shall charge Lessee’s form of payment the amount owed for replacement of the unreturned Equipment. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
In the event of default, all amounts owed by Lessee to Lessor are immediately due.
- In the event of default, Lessee shall be responsible for any reasonable expenses of Lessor in attempting to recover the amount owed from Lessee including collection fees and attorney’s fees.
- Lessor reserves the right to pursue all available civil and criminal remedies against lessee, including but not limited to: recovering possession of the equipment, obtaining from Lessee’s form of payment any amounts owed, hiring outside debt collection firms or private investigators, reporting the Equipment to law enforcement agencies as lost or stolen, filing of criminal charges, and any civil remedies available. These remedies are not exclusive.
14. Missing Accessories
In the event of any missing accessories (including, but not limited to – lens caps, straps, buckles, bags, tent stakes, rifle slings, scope caps, ammo, bipods, fasteners, pouches, etc.), Lessee is fully liable to Lessor for the replacement cost of the missing items. Lessor shall charge Lessee’s form of payment the amount owed for replacement of the missing accessories. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
Lessor does not assume, and the Lessee indemnifies Lessor against, any liability or claims arising from Lessee’s use or malfunction of the equipment. Lessee assumes all liability that may arise from use or failure of the equipment.
16. State Regulations:
Lessee understands that some jurisdictions have enacted (and other states may enact in the future) laws regarding the transfer or possession of certain firearms, ammunition, and large capacity ammunition feeding devices (magazines), as well as laws with respect to the transfer of firearms or ammunition to residents and nonresidents of a particular jurisdiction. Lessee agrees that if certain Equipment is not legal in the jurisdiction where Lessee intends to take possession of the Equipment at the time when Lessee intends to take possession, then Lessor will provide Lessee with a full refund of the rental price of the Equipment or substitute Equipment that is legal in the jurisdiction where Lessee intends to take possession, and that these two options are Lessee’s sole remedy when Equipment is unlawful in a given jurisdiction. Lessee agrees that in addition to the ATF F 4473, Lessee is responsible for obtaining any state required paperwork and completing such paperwork prior to the transfer of the firearm to Lessee. State law may restrict the transfer of a firearm to a resident or nonresident of the state where the transfer is taking place unless the Lessee is able to show a valid hunting permit or state required firearms license. Lessee agrees that Lessee is solely responsible for obtaining and producing on demand, government issued identification with a current address that matches their billing address, as well as any required licenses in sufficient time to allow Lessee to receive the firearm from the Lessor and any intermediary federal firearm licensee who will be conducting the transfer of the firearm to Lessee. If Lessee is denied transfer of any item due to lack of proper identification, any required license, permit, or failure of a background check, then Lessee will be subject to the penalties described in Paragraph 19 below.
17. Shipping Delays & Malfunctioning Equipment
In the case of a shipping delay or malfunctioning Equipment, Lessor’s only liability to Lessee is for the portion of Rent applicable to the time period that the Equipment was nonfunctioning or delayed in transit. Lessor shall not be responsible for any consequential or incidental damages resulting from malfunctions or shipping delays. Guide fees, tag fees, travel fees, replacement equipment & shipping fees, and any other incurred expense or loss of wages or opportunity resulting from delayed or lost in shipment, or malfunctioning equipment is the sole responsibility of the Lessee.
18. Taxes or Duties
The Lessee agrees to keep the Equipment free of any taxes, duties, liens, repair charges, or other encumbrances unless expressly approved by RgunsNgear.com. In the event such are levied against the Equipment without Lessor’s consent, Lessee agrees to reimburse Lessor in full for those charges.
- Reservation Cancellation Policy
Lessor strives to provide excellent customer service that includes providing accurate inventory for Equipment available to lease, and managing reservations and shipping to help ensure Equipment orders arrive by the requested start date. Our system is automated such that the moment you select and click “I Agree, Submit Order”, with partial or full payment for a reservation (order), our system reserves the Equipment selected for your chosen rental dates. Our system does not automate returns and changes. Your reservation prevents others from reserving the same individual products during your reservation dates, so additional time and effort is required to update inventory and modify reservations. Additionally, payment processing fees apply that we must pay to process refunds. Therefore, reservation change fees apply and reservations may not be cancelled or changed online by the customer once submitted.
- Reservations (orders) can only be cancelled by contacting customer service at service@RgunsNgear.com or by calling (855) 355-3337 during normal business hours. All changes are subject to penalty fees as described herein or at the discretion of Lessor where not explicitly governed by these terms. Lessee’s payment card will be refunded the full amount for cancellations less an order cancellation fee of 10% of the full reservation value for reservations cancelled up to 30 calendar days prior to your rental start date, less 20% for orders cancelled between 29 and 14 calendar days prior to the rental start date, and less 25% for cancellations within 14 days of the rental start date. Shipping fees are refunded for all cancellations not shipped. If Equipment reservations were made in the same time period described above as they are cancelled, the maximum cancellation penalty is 10% of the order value. Orders cannot be cancelled less than 3 days prior to the reservation start date or any time after the Lessor has transferred possession of Equipment to shipper (UPS). Equipment orders that are shipped, but not accepted or signed for by Lessor will be charged 100% of the 4-day lease rate plus shipping fees. An additional fee may be added if levied for items shipped to an FFL. If Lessee is denied a transfer of any Equipment after the Equipment has been shipped (including denial for lack of proper licenses, permits, or background check denial), then Lessor will be charged 100% of the 4-day Lease rate and shipping fees. An additional fee may be added if levied for items shipped to an FFL.
- Changes to Reservation Dates
Reservation dates cannot be modified online by the customer. Reservation dates can only be modified by contacting customer service at service@RgunsNgear.com or by calling (855) 355-3337 during normal business hours. Date changes to a reservation will incur a 10% re-booking fee if total reservation days are reduced by no more than three days compared to the original reservation. Reservation durations that are reduced by more than three days will incur an additional 10% penalty on the value of the additional rental days removed in excess of three. For example, if a reservation is shortened by four days, there will be a 10% penalty applied to the first three days removed from the original duration, and an additional 10% penalty (20% total) on the final day of the four days deleted from the reservation. The remaining amount is refunded to the Lessee.
- Change fees do not apply to Reservation extensions
scheduled and approved prior to the reservation start date. Extensions made
after the reservation start date may be subject to late return fees. (See Late
- Lessee acknowledges that Equipment reserved previously may not be available for desired new dates if additional days or entirely new dates are needed. Timing of the original lease order reservation has no bearing on future availability for new dates. If the order is cancelled as a result of Equipment unavailability for new dates, the Reservation Cancellation policy applies. If only a portion of the Equipment is removed from a reservation, the Reservation Cancellation policy and penalties apply only to that portion of the reservation.
- Items can be added to a reservation up to 4 days prior to a reservation start date without any additional penalty fees. Normal rental rates apply. Expedited shipping may be required in some instances for Equipment items that ship UPS ground four or more days prior to a reservation start date. All added equipment is subject to availability.
- Changes to Reservations (Product Substitutions)
Product substitutions can only be made to a reservation by contacting customer service at service@RgunsNgear.com or by calling (855) 355-3337 during normal business hours. Substitutions for products of equal or greater value are allowed without penalty up to four calendar days prior to the reservation start date (subject to Equipment availability). The difference in the rental cost for the substituted items and their associated shipping fees will billed accordingly and paid in full to secure the reservation change. Substitutions for an item of lesser value will incur a 5% penalty on the higher value item removed from the reservation up to 14 days prior to the rental date. A 10% penalty will be incurred on the higher value item removed from the reservation up to 4 days prior to the rental date. No substitutions are allowed less than 3 business days prior to the reservation start date or any time after Lessor has transferred Equipment to the Shipper, typically UPS, FedEx, or USPS.
- Early Returns
In the event you are successful or return early from a hunt, you may return your leased equipment early. You will be refunded up to 75% of the remaining value of the lease term after your return is received and inspected. For example if you have a 10 day reservation, and you ship your leased items back on day 5 and they arrive at our facility on day 7, you would be eligible to receive a 75% refund of the lease value for days 7 – 10 of the lease, and calculated as the difference between the 10 day rental cost and the 7 day rental cost, multiplied by 0.75.
- Waiver or Refund of Penalty Fees
RgunsNgear.com employees have no authority to waive penalties or fees for individual customers based on special circumstances. You may submit an email in writing to coop@RgunsNgear.com requesting relief from penalties for extraordinary circumstances including hunt closure due to wildfire, a death in the family, or for enlisted soldiers being called to duty, provided that proof is supplied. Requests will be considered and refunds distributed as decided by RGnG, LLC management.
- Order Cancellation by RgunsNgear.com
RGnG, LLC reserves the option to cancel any orders where the purchaser has not abided by these Terms and Conditions. If RgunsNgear.com chooses to cancel an order, you will receive a refund of the full amount of the purchase less a cancellation fee equal to 10% of the total order amount. We never like canceling orders, but sometimes we will if a customer chooses not to adhere to these Terms and Conditions. When orders are cancelled we incur various costs ranging from credit card processing fees and labor required to update our database and inventory. It is your responsibility to make sure that you fully understand and comply with these Terms and Conditions in order to continue doing business with RgunsNgear.com
& Warranty Service
- There will be no refund issued for any rental Equipment damaged by the customer regardless of when it is returned during the reservation period. In this scenario, Lessor may offer to provide a suitable replacement item of equal or similar quality and function so Lessee can finish the remainder of a hunt. Replacement Equipment will be shipped and provided (Leased) at Lessee expense. The Lessee (customer) is responsible for the replacement item’s rental cost, taxes, and all shipping fees, including expedited shipping.
- If Lessor Equipment fails during normal use or is not performing in a satisfactory manner, contact customer service immediately at service@RgunsNgear.com or by calling (855) 355-3337 during normal business hours and describe the issue to our staff. If RGnG LLC is not able to remedy the problem by phone support, email, or by other means remotely, a Return Authorization will be provided, and if possible, a suitable replacement will be shipped to the nearest domestic, commercial carrier drop-off location of Lessee’s choosing if Lessor agrees AND time permits. Lessee may be liable for all replacement Equipment costs if customer service or the chosen repair facility deems that the originally leased Equipment was in satisfactory working order and or user error or misuse caused the malfunction.
- Severability and Governing Laws:
This represents the entire agreement between Lessor and Lessee. If any portion of this agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable. The agreement shall be enforced according to the laws of the State of Idaho. Lessor and Lessee agree that the Ada County Court in Boise, Idaho shall have exclusive jurisdiction over any dispute between the parties of this Lease.
- Waiver-Policies. Lessee acknowledges receipt and review of the RgunsNgear.com Waiver and Policies and that the terms and conditions of the Waiver and Policies are specifically incorporated in this Rental Agreement.
- Attorneys’ Fees. In the event any legal action is necessary to enforce any of the terms and conditions of this Agreement, the prevailing party shall be entitled to all costs and fees incurred, including reasonable attorneys’ fees.
- Ink or Electronic Signature Agreement. This Agreement may be signed in ink or by Electronic Signature. By typing your name, you are signing this Agreement electronically. You agree your Electronic Signature is the legal equivalent of your manual signature on this Agreement. By typing your name, you consent to be legally bound by this Agreement’s terms and conditions and it constitutes your signature, acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your Electronic Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your Electronic Signature or any resulting contract between LESSOR or LESSEE. You also represent that you are authorized to enter into this Agreement and that you will be bound by the terms of this Agreement.