Terms and Conditions
RENTAL AGREEMENT
THIS EQUIPMENT LEASE AGREEMENT (“Lease”) is made and effective by clicking on the “I agree, submit order” or equivalent button, by and between Central Alabama Guns LLC, (DBA, Thermal Hunting, ThermalHunting.com), (“Lessor”) and current user (“Lessee”). By clicking on the “I agree, submit order” or equivalent 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 or equivalent, Lessee indicates acceptance of the modified Terms and Conditions. NOW, THEREFORE,
- Disclaimer
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.
- Lease
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (“Equipment”): shown in the “Cart” during checkout and on the itemized Invoice in the “Product” column.
- Shipping
Lessor agrees to pay both outgoing and return shipping charges at the time of the initial transaction.
- 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, Thermal Hunting recommends starting your reservation at least two days in advance of your planned departure date to help ensure you receive your items in time for your travel plans.
- Once Equipment is delivered, Lessee must inspect the order against the shipping bill and immediately report any missing or damaged items to Thermal Hunting via email with photos of the packaging, shipping case, its contents, and damaged items to support@thermalhunting.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 Thermal Hunting from all liability and responsibility thereafter.
- Local Pickup
Lessee has the option to pick up and return the Equipment at Thermal Hunting’s physical store location at 8037 Rouse Road, Warrior, AL 35180 within the rental period designated at checkout. Lessee must reserve unit online at thermalrental.com.
- Term
The term of this lease shall commence the day the Equipment is delivered to Lessee according to the rental period shown on order receipt. The term of this lease shall expire on the 7th day shown on the order receipt. The Equipment must be returned to Lessor by the end of business on the last day of the term of the lease, or penalties will be incurred as described in paragraph 9 (Late Returns).
- Rent
Rent must be paid in advance, in full.
- Rent to Own
Lessee has the option to purchase the used Equipment at a discounted cost or either choose to purchase a new unit at retail cost. 100% of Lessee’s rental fee can be applied towards the purchase of used Equipment or new unit. If Lessee chooses to purchase the Equipment, then Lessee must contact Thermal Hunting and agree to pay the discounted value of the Equipment and agrees that Lessee’s form of payment will be charged minus the rental fee. If Lessee chooses to purchase a brand new unit, then Lessee will ship back the Equipment on the 7th day shown on the order receipt with the prepaid shipment label and Lessor will ship a new unit to Lessee and Lessee’s form of payment will be charged the full retail value of the new unit minus the rental fee and deposit.
- Refundable Deposit
Aside from the rental fee, Lessee will be charged a refundable deposit totaling 20% of the agreed upon Total Amount which is due on acceptance of the rental agreement. This will be credited back as soon as Lessor receives the returned Equipment.
- Late Returns
Late returns are penalized a maximum daily penalty of $50 per day for 7 days and will be deducted from the deposit. 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 in addition to the late fees.
- 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.
- Use
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.
- Cancellation by Lessor
Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs.
- Reservation Cancellation or Modification by Lessee
For all reservation changes, Lessee must contact Thermal Hunting customer service at support@thermalhunting.com or by calling (205) 201-0036 during normal business hours. Any cancellations made 7 days prior to the start of the contract will be assessed a $100 cancellation fee. Cancellations will not be accepted within the 7 day period.
- 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 commercially reasonable repairs.
- 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:
- Dust
- Mud or dirt
- Blood
- Sand
- Grease, oils or lubricants
- Stains, odors, smoke, or any other residue or matter that must be removed from the Equipment before it is placed back in Lessor’s inventory.
- 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 7 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 72 hours, the Lessee shall be considered to be in Default.
- 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.
- Missing Accessories
In the event of any missing accessories (including, but not limited to – chargers, lens caps, straps, buckles, bags, scope caps, fasteners, 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.
- Liability
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.
- 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” or equivalent, 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 support@thermalhunting.com or by calling (205) 201-0036 during normal business hours.
- If Lessor Equipment fails during normal use or is not performing in a satisfactory manner, contact customer service immediately at support@thermalhunting.com or by calling (205)907-9627 during normal business hours and describe the issue to our staff. If Thermal Hunting 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.
- Ink or Electronic Signature Agreement
This Agreement may be signed in ink or in most cases by completing the order and submitting payment electronically. 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.