PLEASE READ THESE HANDYQUIP SERVICE GUARANTEE TERMS CAREFULLY. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING THE HANDYQUIP SERVICE GUARANTEE PROGRAM, COVERAGES, LIMITATIONS, AND EXCLUSIONS.
HandyQuip Service Guarantee Terms and Conditions
HandyQuip Inc., a Delaware corporation (hereinafter referred to as "HandyQuip", "we", "us", or "our") provides a technology platform that connects Vendors who have medical Equipment available for rent (collectively, "Equipment") with clients who seek to rent such Equipment (collectively, the "Services"). Our Services can be accessed online at www.handyquip.com, via any other websites through which HandyQuip makes the Services available (collectively, the "Site"), and via applications for mobile devices (collectively, the "Application").
HandyQuip stands behind every Booking (defined below) made using the Site, Application or Services by providing Clients (defined below) with a Client service guarantee program (the "HandyQuip Service Guarantee"). If you, as a Client, have made a single or multiple Bookings using the Site, Application or Services and are not fully satisfied with the Equipment or Services, you may benefit from the HandyQuip Service Guarantee, the terms, limitations and conditions for which are set forth below (the "HandyQuip Service Guarantee Terms"). For purposes of these HandyQuip Service Guarantee Terms, "HandyQuip", "we", "us" or "our" shall also include, as applicable, HandyQuip’s insurer under the HandyQuip Insurance Policy (defined below) or HandyQuip’s insurance adjuster.
BY MAKING A BOOKING, OR OTHERWISE USING THE SITE OR APPLICATION AS A CLIENT, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE HANDYQUIP SERVICE GUARANTEE TERMS. If you accept or agree to these HandyQuip Service Guarantee Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these HandyQuip Vendor Protection Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
YOU MUST COMPLY WITH ALL OF THE REQUIREMENTS AND CONDITIONS IN THE HANDYQUIP SERVICE GUARANTEE IN ORDER TO BE ELIGIBLE TO RECEIVE ANY REFUND FOR A COMFORT ISSUE (DEFINED BELOW). YOUR FAILURE TO FULLY COMPLY WILL PREVENT YOUR RECOVERY FOR ANY COMFORT ISSUE. PLEASE CAREFULLY REVIEW THE DEFINITION OF "COMFORT ISSUE" BELOW SO THAT YOU MAY IDENTIFY SERVICE ISSUES NOT COVERED BY THE HANDYQUIP SERVICE GUARANTEE.
You acknowledge and agree to use your best efforts to communicate with HandyQuip as soon as possible after the occurence of any Comfort Issue. You must also notify the Vendor about your complaint, and attempt to resolve the Comfort Issue with the Vendor as outlined in the "Conditions to Claim a Comfort Issue" section below.
You acknowledge and agree that any amount of Refund payable to you under the HandyQuip Service Guarantee will be reduced by the amounts you have already collected for the same Comfort Issues from a source other than the HandyQuip Service Guarantee, including without limitations: (i) amounts received under an insurance policy, guarantee or indemnity; or (ii) amounts received directly from the Vendor, or an insurer or guarantor of the Vendor.
Except as permitted by law, these HandyQuip Service Guarantee Terms do not affect your statutory rights. If you would like a written copy of these HandyQuip Service Guarantee Terms, please contact HandyQuip as outlined in the Contact page.
In addition to the definitions outlined in our Terms of Service, the following capitalized terms shall have the following meanings:
"Comfort Issue" means any one of the following:
"Comfort Issue" means any one of the following:
- the Vendor (i) cancels a Confirmed Booking shortly before the scheduled start of the Booking, (ii) does not make the Equipment available within 2 hours following the scheduled start of the Booking, or (iii) fails to provide the Client with the reasonable ability to access the Equipment (e.g., by providing the keys and/or a security code, or operating instructions);
- the description of the Equipment in the listing on the Site, Application or Services is materially inaccurate with respect to: (i) the specifications of the Equipment (e.g., size, capacity, power, weight); (ii) the operating conditions of the Equipment (e.g. not in working order, noisy); or (iii) special features represented in the Listing description are not provided or do not function properly, such as lights, fan, cup holder, wheels, electrical, heating or air condition systems; or
- at the start of the Client’s Booking, the Equipment: (i) is not generally clean and sanitary; (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Client’s use of the Equipment; (iii) does not contain battery or any other permanent or disposable part required to perform its original intended purpose; or (iv) has any other undesired functionality not disclosed in the Listing.
"Refund" means the reimbursement, partial or complete, of a Confirmed Booking, up to the amount the Client paid for the Confirmed Booking.
The HandyQuip Service Guarantee
If you are a Client and experience a Comfort Issue, HandyQuip agrees, in its sole discretion, to either:
- give you a Refund, as determined by HandyQuip, in its sole discretion, depending on the nature of the Comfort Issue experienced; or
- use reasonable efforts to find and book you another Equipment for any unused days left in your Booking which, in our own determination, is reasonably comparable to the Equipment described in your original Booking in terms of specifications and quality.
All determinations of HandyQuip with respect to the HandyQuip Service Guarantee, including, without limitations, the size of any Refund or the replacement of Equipment, shall be final and binding on the Clients and Vendors.
Submitting a Comfort Issue Claim
You can submit a claim for a Comfort Issue and receive the benefits with respect to your Booking by meeting the each of the following conditions:
- you must be a Client to claim a Comfort Issue;
- you must bring the Comfort Issue to HandyQuip's attention in writing as outlined in the Contact page, or via telephone at 1-855-339-7847 and provide us with information (including photographs or other evidence) about the Equipment and the circumstances of the Comfort Issue within 24 hours after the start of your Booking, and must respond to any requests by us for additional information or cooperation on the Comfort Issue. Please make sure to include your Booking reference number and the reason why you were not satisfied with the Equipment or Services;
- you, or any of your Invitees, must not have directly or indirectly caused the Comfort Issue (through your action, omission or negligence); and
- you must have used reasonable efforts to try to remedy the circumstances of the Comfort Issue with the Vendor prior to making a claim for a Comfort Issue.
To be considered valid, any and all claims for a Comfort Issue must meet all the requirements listed above.
Minimum Quality Standards and Vendor Responsibilities
If you are a Vendor, you are responsible for ensuring that all Equipment you list on the Site, Application or Services meet minimum quality standards, determined in HandyQuip's own discretion, regarding use, adequacy of the description on the Site, Application or Services, safety, cleanliness, and will not present a Client with Comfort Issues. During the 24-hour period following the Client’s reception of the Equipment, Vendors should be available, or make a third-party available, in order to try, in good faith, to resolve Client Comfort Issues.
If you are a Vendor, and if (i) HandyQuip determines that a Client has suffered a Comfort Issue related to Equipment listed by you and (ii) HandyQuip either reimburses that Client any amount up to the amount paid by the Client through the Site, Application or Services for the Equipment or provides an alternative Equipment to the Client, you agree to reimburse HandyQuip up to the amount paid by HandyQuip within 30 days of HandyQuip’s request. All determinations of HandyQuip with respect to the HandyQuip Service Guarantee, including, without limitations, the size of any Refund to the Client, shall be final and binding on the Clients and Vendors. You also agree that in order for you to reimburse HandyQuip up to the amount paid by HandyQuip, HandyQuip may offset or reduce any amounts owed by HandyQuip to you by this amount. If the Client uses the Equipment for part or all of the Booking period despite the Comfort Issue, the Client will receive a Refund that will reduce the amount of the Equipment Fees ultimately paid to you. If the Client is issued an alternative Equipment, you may lose part or all of the Equipment Fees payment for the Booking and you may be responsible for reasonable additional costs incurred to issue the Client with the alternative Equipment.
The rights of the Clients under the HandyQuip Service Guarantee supersede the Cancellation Policy established by a Vendor. If you dispute the Comfort Issue, you may notify us in writing as outlined in the Contact page, or via telephone at 1-855-339-7847 and provide us with information (including photographs or other evidence) disputing the claims regarding the Comfort Issue, provided you must have used reasonable and good faith efforts to try to remedy the Comfort Issue with the Client prior to disputing the Comfort Issue claim. You agree that all determinations of HandyQuip with respect to the Comfort Issue shall be final and binding on the Clients and Vendors regardless of your submission of a dispute against such Comfort Issue. In the event of one or more Comfort Issues, HandyQuip, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews indicating Comfort Issues, cancelling future Bookings, suspending or removing the Listing of the Equipment, or imposing penalties or fees for the administrative burden associated with the Comfort Issues.
Assignment and No Insurance
This HandyQuip Service Guarantee is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Client, and the Client has not paid any premium in respect of the HandyQuip Service Guarantee. The benefits provided under this HandyQuip Service Guarantee are not assignable or transferable by you. Any attempt by you to assign or transfer this HandyQuip Service Guarantee will be null and of no effect.
Modifications and Termination
HandyQuip reserves the right, in its sole discretion, to modify or terminate this HandyQuip Service Guarantee, at any time, and without prior notice. If HandyQuip modifies this HandyQuip Service Guarantee, we will either post the modifications on the Site, Application or Services, or provide you with notice of the modifications. We will also update the "Last Updated" date at the top of these HandyQuip Service Guarantee Terms. If we let you know of modifications through an email communication, then the date on which we sent the email will be deemed to be the date of your receipt of that email. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified HandyQuip Service Guarantee Terms. HandyQuip will continue to process all claims for Comfort Issues made prior to the effective date of the modification.
These HandyQuip Service Guarantee Terms constitute the entire and exclusive understanding and agreement between HandyQuip and you regarding the HandyQuip Service Guarantee, and supersede and replace any and all prior oral or written understandings or agreements between HandyQuip and you regarding the HandyQuip Service Guarantee.
These HandyQuip Service Guarantee Terms and your use of the Services will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict-of-law provisions.
Disclaimers and Limitation of Liability
IF YOU CHOOSE TO USE THE SITE, APPLICATION, OR SERVICES AS A CLIENT, YOU DO SO AT YOUR SOLE RISK. THE HANDYQUIP SERVICE GUARANTEE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HANDYQUIP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HANDYQUIP MAKES NO WARRANTY THAT THE HANDYQUIP SERVICE GUARANTEE WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HANDYQUIP OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND SERVICES, AND YOUR BOOKING OF ANY EQUIPMENT VIA THE SITE, APPLICATION AND SERVICES REMAINS WITH YOU. NEITHER HANDYQUIP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR (1) PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE HANDYQUIP SERVICE GUARANTEE TERMS, (2) FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION OR SERVICES, (3) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, OR (4) FROM YOUR BOOKING OF ANY EQUIPMENT VIA THE SITE, APPLICATION AND SERVICES. HANDYQUIP WILL NOT BE LIABLE FOR ANY SUCH DAMAGES DESCRIBED ABOVE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HANDYQUIP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR HANDYQUIP’S OBLIGATION TO PAY AMOUNTS TO YOU PURSUANT TO AN APPROVED CLAIM UNDER THESE HANDYQUIP SERVICE GUARANTEE TERMS, IN NO EVENT WILL HANDYQUIP’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE HANDYQUIP SERVICE GUARANTEE TERMS; (B) YOUR USE OF OR INABILITY TO USE THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, BOOKING EQUIPMENT, (C) ANY EQUIPMENT AND (D) YOUR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNT OF THE EQUIPMENT FEES COLLECTED BY HANDYQUIP FROM THE CLIENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HANDYQUIP AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION FOR CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If you have any questions or comments about these HandyQuip Service Guarantee Terms and Conditions, please let us know as outlined in the Contact page or via postal mail at:
Attn: Service Guarantee
101 Marketside Ave, Ste 404-139
Ponte Vedra, FL 32081-1542 USA