Equipment Loss or Damage

1. Renter is responsibility for accidental loss, breakage or damage to the equipment from the commencement of the hire until its return.

2. I certify that evidence of identification and credit card provided is genuine and agree that equipment not returned on due date will incur additional rental charges and these charges may be billed to my credit card on file.

Injury and Waiver of Liability

Renter understands that injury may occur while using this equipment and that in the case such an injury and/or death occurs I (Renter and all parties claiming on behalf of the renter) will NOT hold Lenox Medical Supply, its owners, officers, shareholders, investors, successors or its staff (Collectively Lenox Medical Supply) liable (on any matter regardless of the type of liability) for any injury and/or death that may occur. Pursuant to such an Injury and/or death, renter and all parties claiming on renters behalf hereby waive, release and discharge Lenox Medical Supply, its employees, owners, officers, shareholders, investors, successors, agents, affiliates (collectively Lenox Medical Supply) from ANY liability, and hereby accept complete responsibility for damages, injury and/or death, medical cost, financial and economic losses, and all other cost and expenses incurred by the renter and/or related to the use, operation, care and control of the equipment (collectively 'losses') except where the losses are caused by the gross negligence of Lenox Medical Supply and further agrees that it will be forever prevented from suing or otherwise claiming against Lenox Medical Supply for the losses.

Renter does hereby, indemnify and hold Lenox Medical Supply harmless from any and all claims, losses, cost, expenses, including lawyer/attorney fees, incurred or to be incurred by Lenox Medical Supply relating to the renter's rental, operation, care and control of the equipment above and any losses incurred by the renter.

Who may Operate the Equipment - Terms and Age Restrictions

Renter understands that he/she will be the sole operator of the equipment, and will use the equipment in a careful, safe and conscientious manner. The renter may choose to have other persons (“Authorized Operators”) use the equipment provided it is done with the renter’s permission. If the renter wishes to add additional operators, renter agrees he/she must contact Lenox Medical prior to any incident with the equipment. Renter further agrees to be responsible for any loss or damages caused by the authorized or additional operators. If renter authorizes additional operators, the renter further accepts responsibility for all injury and/or death that may occur as a result of improper use of the equipment. Renter acknowledges that he or she is at least 18 years old.

Acceptable Use

A. I agree not to use the equipment for railing and acknowledge that operating the equipment has Inherent risks, dangers and hazards, including but not limited to weather conditions, traffic conditions, sidewalk and road conditions, natural and unnatural objects and obstacles, impact or collision and negligence of others.

B. Renter is the knowledgeable in the operation, care and control of the equipment rented.

C. Renter shall at all times observe and adhere to any rules and guidelines posted by Company, and any and all applicable laws or regulations.

D. Renter agrees that if the equipment is taken outside the area the equipment was rented, the renter will be responsible for any maintenance, repair or replacement of the equipment should they occur as well as bearing the responsibility of returning the equipment to an appropriate location. In the event Lenox Medical Supply is compelled to pick up equipment outside our coverage area, renter will be responsible for all pickup charges incurred. This includes costs associated with hiring independent contractors to assist with repairs, maintenance or replacement of equipment outside the service area. An administrative fee of $25.00 will apply in addition to charges incurred for returning the equipment.

Ownership of Equipment

I understand that I do not own the EQUIPMENT. The definition of equipment includes but is not limited to mobility scooters, power wheelchairs, walkers, knee walker, hospital beds, manual wheelchairs. The equipment remains the property of LENOX MEDICAL SUPPLY at all times while in your possession . No one other than LENOX MEDICAL SUPPLY may transfer the EQUIPMENT or any rights or obligations under this agreement. Any attempted transfer or sublease by anyone other than Lenox Medical Supply is void. No one may service or repair the EQUIPMENT without Lenox Medical’s prior expressed approval. Lenox Medical makes no express or implied warranties or representations, including any warranty of merchantability or that the equipment is fit for any particular purpose.

Rental Charges and Refund

All rental charges are payable in advance and considered prepaid rental.

No refund is given in the following instances:

Prepaid rented equipment unless cancellation of rental was done 48 hours prior to rental start date.

Equipment returned prior to the stated rental due date or expiration date. E.g. if your paid rental period is between 6/30/08 -7/5/08, and you

Return the equipment on 07/03/08, No Refund is Issued Keeping batteries charged is the customers responsibility. We are not responsible for batteries not fully charged prior to usage.

Purchase of Equipment

In the event you wish to purchase the rental equipment, you must notify Lenox Medical of your intent to the purchase the equipment, At that time we will provide you with a purchase price. After payment is received, title will be transferred to the renter and the renter assumes all responsibility for repairs and maintenance unless our warranty package is purchased in advance.

Return of Equipment

The Renter shall return the equipment to Lenox in the same condition as it was when given to Renter. Renter shall be responsible for any damage caused to the equipment during the rental period or until we retrieve the rental equipment. Company may bill Renter as necessary to cover repairs for damages done to the equipment; including any reasonable attorney and collection fees. Ordinary wear due to reasonable use is expected. You must return the equipment by the due date and time specified on the rental record unless you notify us of your intention to extend your rental period prior to our arrival to pick up the equipment. Equipment not ready when we arrive for pick up will incur a $30 service charge in addition to any additional rental rate.

Late Return

Rentals exceeding the rental period will incur additional rental charges equivalent to our daily rate everyday the equipment is in your possession. In the event the renter fails to return the equipment 30 days after the rental has expired provided we were not given notice of intent to renew your rental, Lenox Medical Supply reserves the right to sell the equipment to the customer. Your credit card on file will be billed the price for the equipment. Your further authorize us to bill your credit card on file to cover these charges. Before this occurs reasonable efforts will be made to contact you for pick up. Such effort include but is not limited to telephone calls, email and/or a letter to your address on file. Failure to return our rental equipment may result in reporting it to the authorities.

Collection Expense

In the event an account is sent to collections to collect payment due as a result of additional rental charges, loss or damages, failure to return equipment; customer shall be responsible for all cost incurred by Lenox Medical in collecting charges from you or the person, corporation or other entity to whom they are billed, including but not limited to all attorney fees and court costs.

Limit on Liability

Lenox Medical shall not be liable to you or any authorized operators for any indirect, special or consequential damages (including cab fees to get the equipment back to your hotel or missed appointments occurring as a result of a late delivery or pick-up) arising in any way out of any matter covered in this agreement. The maximum amount of liability available to each customer is the rental rate paid and will be issued in the form of a refund if we are negligent.

Equipment Protection Plan

If the damage equipment protection plan is purchased at price of $9.99 for the duration of your rental, Lenox Medical will cover damages that occur to the equipment while in your possession. Included are cost (parts & labor) associated with repairing the equipment.

The following are excluded from the protection plan:

- Loss or theft of the equipment

- Lost keys

- Lost charger/cord

- Baskets

- Footrest & other accessories.

If a customer damages the rental and request that we deliver new rental equipment, a $30 delivery service surcharge will apply unless the customer purchased our low flat rate mobility emergency assistance plan. The customer may purchase a new equipment protection plan at the same flat rate to protect the replacement equipment

Damage protection plan Rejected

If a renter declines to purchase the equipment protection plan he/she will be responsible for all costs associated with repairing and/or replacing the equipment.

Equipment Modification

Renter may not make modifications to the rental equipment without the written consent of Lenox Medical Supply. Additional charges may apply to modifications not authorized by Lenox Medical Supply.