Last Modified: February 28, 2023
These Standard Terms and Conditions for Lease Agreements (these "Terms") govern your rental of furniture, accessories, decorative items, and other personal property (“Items”) from Inhabitr, Inc. ("Inhabitr", "we", "us", or "our"). You and Inhabitr are each sometimes referred to herein as a “Party” and collectively as the “Parties.”
I. Acceptance of the Terms
Please read these Terms carefully. By placing an order on our website or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. INHABITR RESERVES THE RIGHT TO ADD TO, SUBTRACT FROM, OR CHANGE THESE TERMS AT ANY TIME, WITH OR WITHOUT NOTICE. Your continued use of Inhabitr’s website or mobile application (collectively, the “Platform”), or continued rental of Items, shall constitute acceptance to the revised Terms.
II. Nature of Services
You acknowledge that Inhabitr does not directly manufacture, own, deliver, assemble, or pick up any furniture or accessories. You will also enter into a binding Furniture and Accessories Rental Agreement (your “Lease Agreement”) with Inhabitr. All furniture and accessories are manufactured, owned and delivered by third-party providers (the “Providers”), and subject to their rights, privileges, and liabilities. The Lease Agreement, further, is intended to constitute a short-term lease of the Items, and not as any financing, sale, or other contract.
- Lease Agreement Required. Before the delivery of any Items, you must enter into a Lease Agreement, which covers additional specific requirements and conditions of your rental of the Items. These Terms and the Lease Agreement are intended to form one and the same document, with these Terms (as amended from time to time) being fully incorporated into the Lease Agreement by reference. To the extent any provision of the Lease Agreement and these Terms is inconsistent or contradictory, the Lease Agreement shall control.
- Credit Approvals. You understand and agree that by checking the I AGREE box associated with these Terms and providing your personal information, or by otherwise accepting these Terms, you are authorizing Inhabitr to obtain information from your personal credit profile or other information from Experian or any other credit bureaus in the United States. You authorize Inhabitr to obtain such information solely to prequalify for credit options offered.
- Security Deposit. Under the terms of your Lease Agreement, you may be required to submit a security deposit prior to delivery of the Items. Inhabitr shall not be required to segregate the security deposit from its other funds or to pay any interest thereon. The security deposit shall be returned to you within thirty (30) business days after all of the Items are returned. Inhabitr may deduct from the security deposit any payments or charges owed to us by you under the Lease Agreement or these Terms, as well as an amount sufficient to cover any loss or damage to the Items for which you are responsible. Notwithstanding the foregoing, however: (i) you may not apply the security deposit toward any Rental Fees (defined below), all of which must be paid when due, and (ii) you shall remain liable for all damages and fees owed to us in excess of the security deposit.
- Authorized Payments are Final. Your use of the Platform and entry into a Lease Agreement constitutes your agreement to pay for any amounts which you authorize us to charge to your approved payment methods. Such payments, once authorized by you, are final.
- Unauthorized Transactions. Inhabitr is not responsible for losses incurred as a result of non-sufficient funds, returned checks, chargebacks, claims, reversals, retrieval fees, recall fees, excessive returns fees, early funding fees, account maintenance fees, or any unforeseeable unsuccessful transaction or fees associated with those transactions. When incurred by Inhabitr, all such fees will be assessed to your account and payable as additional Rental Fees.
- Late Payments. For each payment not received within five (5) days after the due date, you will be charged a late fee in accordance with your Lease Agreement. In addition to late payment charges, you will be charged interest of 1.5% per month or higher, whichever is allowed by law. This penalty shall be assessed to your account as additional Rental Fees.
- Attendance Required. Delivery of Items shall be to the location designated by you in the Lease Agreement and approved by Inhabitr (the “Property”). You or an authorized representative (who must be at least 18 years old) is responsible for attending delivery and directing the placement of the Items by the delivery team.
- Rescheduling/Cancellation fee. You shall notify Inhabitr with no less than five (5) business days' notice prior to the scheduled delivery date that the Property is set up for delivery and installation via email. You shall be charged an expedite fee for requests given with less than five (5) business days' notice as may be assessed by Inhabitr. If you reschedule the scheduled delivery date with less than five (5) business days' notice, a rescheduling fee shall be applicable. If a notice of less than five (5) business days’ is given to cancel a scheduled delivery or the items are not accepted on the date of delivery, Inhabitr shall retain $250 and balance shall be returned to you. The charges for any item of the Furniture Package that was specifically requested by you and procured by Inhabitr at your request shall be deducted by Inhabitr regardless of the notice provided by you.
- No Liability. You agree that Inhabitr shall have no liability whatsoever with respect to any damage to your property or premises, or the property or premises of your landlord (if applicable). Inhabitr coordinates delivery of furniture and accessories through third-party service providers, and will make reasonable efforts to connect you with such providers in the event of any damage; however, Inhabitr does not make any representation or warranty as to the delivery services, and all recourse shall be either against (i) the third-party service providers, or (ii) your personal insurers.
- Additional Charges Not Covered. Any additional charges related to moving and setting up the Items that must be paid to third parties, including, but not limited to, the landlord or owner of the Property, will be directly paid by you. If Inhabitr is required to make any such payments, then the charges will be directly passed on to you as additional Rental Fees.
- Care, Use and Location:
- General Care. You are responsible, at your own cost and expense, for maintaining each Item, keeping it in good condition, and returning it to Inhabitr in the same condition as when you received it, ordinary wear excepted. In particular, smoking shall be prohibited in the Property and no smoking (of any sort) is permitted on or within 100 feet of any Items stored outdoors. You shall not use any of the Items for any unlawful purpose or in the commission of any unlawful act, and shall not alter the Items without our prior written consent. Inhabitr shall have the right to inspect the Items at any reasonable time on at least 48 hours’ notice.
- Subleasing Not Allowed. Subleasing of the Items is not allowed.
- Removal of property. The Items may not be removed from the Property without our written consent.
- Safety Precautions. You understand and acknowledge that some of the Items provided under your Lease Agreement may be subject to a manufacturer’s recommendation regarding: (i) the use of an “anti-tip device,” security wall bracket, or similar safety device (“Device”), or (ii) weight limits and use restrictions (“Limits”). Inhabitr is not responsible for installing recommended Devices or for ensuring that any Item is used within the Limits. When recommended by the manufacturer of an Item, you are solely responsible for obtaining and properly installing any Devices. In all cases, you are advised to use the Items solely within the Limits. By entering into the Lease Agreement, you acknowledge that you fully accept all risks (including bodily injury) associated with a failure to install recommended Devices or comply with the Limits and other recommended safety standards, and shall indemnify and hold Inhabitr harmless from any claims or damages related to such failures.
- Sanitation Charges. In addition to other payments for damage described above, there shall be a one-time $99 sanitation fee charged at the end of the Rental Term (defined in the Lease Agreement) if there are any pets residing at the Property at any time during the Rental Term. This sanitation fee may also be applied (in Inhabitr’s discretion) in the event that Items bear strong odors or visible stains upon pick-up, in addition to all other charges.
- Security Interests. It is understood that the transactions contemplated under these Terms and the Lease Agreement constitutes a lease and not a conditional sale or financing agreement. Title and ownership to all Items remain vested in the applicable Provider and, accordingly, you may not grant a security interest of any kind in any of the Items. You must keep all Items free and clear from all levies, attachments, liens and other encumbrances. In the event that any person other than Inhabitr or the applicable Provider attempts to create or assert an interest in any Items, you must provide Inhabitr immediate notice thereof and shall take such action we require.
- Term and Termination. These Terms shall apply to the Lease Agreement during the full term of such agreement.
- Surrender of Furniture. You agree to notify Inhabitr at least fifteen (15) days before expiration of any Lease Agreement term, or any periodic extension, if pickup of the Furniture is desired at that time. If the Furniture is not made available for pickup at the end of the Rental Term, the Lease Agreement shall be extended from month to month on the terms and conditions stated in these Terms and the Lease Agreement until either party sends the other written notice of termination at least fifteen (15) days prior to the intended termination date.
- Early Termination Damages. Your Lease Agreement may include a minimum rental period or minimum fee for the Items, in consideration of Inhabitr’s expense and effort associated with opening your account and organizing delivery and pickup. In the event of an early termination by you, or by Inhabitr upon your default, you will be assessed (as liquidated damages) the minimum fee dictated by your Lease Agreement; in addition, you shall forfeit your security deposit, if any.
- Failure to Return Property. If you fail to timely return or make available for pick up any Item, whether upon normal termination of the Lease Agreement or pursuant to demand upon default, Inhabitr shall have the authority, in its sole discretion, to charge you the full retail value of such Item, in addition to any other Rental Fees due and owing. Such charges will be due and owing to Inhabitr immediately upon such determination.
- Changes to These Terms. We may revise and update these Terms from time to time in our sole discretion, provided that we will provide you notice (by email) of any material updates. All changes are effective immediately when we post them, and apply to your Lease Agreement in full. Your continued use of the Services means that you accept and agree to the changes. You are expected to check these Terms online from time-to-time so you are aware of any changes, as they are binding on you.
- No Warranty. Inhabitr will deliver the Items in good visual condition, but otherwise on an as-is basis, with all faults included. Inhabitr is not the manufacturer or owner of any of the Items, and therefore is unable to warrant their condition, safety, or fitness for any purpose. ACCORDINGLY, EXCEPT AS SPECIFICALLY STATED HEREIN, THE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Inhabitr further disclaims any liability for loss, damage, or injury to Lessee or any third-parties as a result of any manufacturing defects, latent or otherwise, in the Furniture Package, whether arising from Inhabitr's negligence or application of the laws of strict liability.
- Limitation of Liability: EXCEPT IN CONNECTION WITH A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSSES OF BUSINESS, REVENUE, OR ANTICIPATED PROFITS, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING STATED ELSEWHERE, IN ANY EVENT, THE TOTAL LIABILITY OF INHABITR SHALL NOT EXCEED THE RENTAL FEE PAID BY A LESSEE IN THE RESPECTIVE LEASE AGREEMENT EXCLUDING TAXES.
- Indemnity. Except as limited herein, each Party (the “Indemnifying Party”) shall indemnify and hold harmless each other Party, along with each of its affiliates contractors, members, and agents from and against any and all claims, liabilities, losses, damages or costs of settlement (including reasonable attorneys’ fees, expert witness fees and expenses), resulting from or arising out of such Indemnifying Party’s breach of its obligations under this Agreement or unlawful or negligent act in the performance of its obligations under this Agreement.
- Allocation of Risk. You acknowledge that the foregoing limitations of liability and allocation of risks in these Terms represents an integral part of these Terms, and that absent these limitations Inhabitr would not enter into your Lease Agreement.
- Governing Law, Jurisdiction and Venue. These Terms and the Lease Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Delaware, without regard to conflicts of law principles thereof. The Parties hereby irrevocably submit to the jurisdiction of and venue in either the state or federal courts situated in Delaware over any action or proceeding arising out of or relating to these Terms or the Lease Agreement and agree that all claims in respect of such action or proceeding may be heard and determined in any such court.
- Survival; Successors and Assigns. Any rights or obligations of the Parties in these Terms which, by their nature, should survive termination or expiration of the Lease Agreement will survive any such termination or expiration. Subject to the limitations set forth herein, these Terms shall inure to the benefit of and be binding upon the parties, their successors and assigns.
- Waiver. No failure or delay by a Party in exercising any right, power or privilege hereunder or in your Lease Agreement will operate as a waiver hereof. No covenant, term, or condition of these Terms or your Lease Agreement shall be deemed to have been waived by either party, unless such waiver is in writing signed by the party charged with such waiver. The waiver by either Party of the breach of any provision of these Terms or your Lease Agreement by the other Party shall not operate or be construed as a waiver of any subsequent breach.
- Notices. All notices and other communications required under these Terms or your Lease Agreement (other than purchase orders, credit memoranda and the like) shall be in writing and shall be deemed to have been given if delivered by hand, or sent by courier or electronic transmission, to the physical or electronic addresses set forth (for Inhabitr) on Inhabitr’s website, or (for you) on your profile within the Platform. Such addresses shall be the official notice addresses until notice of a change in address or addressee is given (by Inhabitr) by posting online or (by you) by an update to your profile via the Platform. All notices given in accordance herewith shall be effective, if delivered by hand or by courier, at the time of delivery, and, if communicated by electronic transmission, at the time of transmission.
Last Modified: February 28, 2023