TERMS AND CONDITIONS / LIABILITY AGREEMENT OF RENTAL

1. Ownership of Rental Equipment
   All rental equipment remains the sole property of State Medical Equipment (“SME”) at all times. The renter obtains no ownership interest in the equipment.
2. Rental Period and Charges
   Rental charges are based on the rental period stated on the rental agreement. The renter is financially responsible for the equipment from the time it is delivered, picked up, or otherwise placed in the renter’s possession until it is returned to and accepted by SME.

Any extension of the rental period must be approved by SME. The renter should contact SME at least 24 hours before the scheduled return date to request an extension. Extensions are subject to equipment availability and additional rental charges.

3. Late or Unreturned Equipment
   If equipment is not returned by the agreed return date and an extension has not been approved, additional rental charges will continue to accrue based on SME’s applicable daily, weekly, or monthly rental rate until the equipment is returned.

If equipment is not returned, is abandoned, or SME is unable to recover it after reasonable efforts, the renter may be charged the replacement or full retail value of the equipment, in addition to outstanding rental, delivery, retrieval, damage, or other applicable charges.

4. Return of Rental Equipment
   Rental equipment must be returned directly to SME or released to an authorized SME representative.

Rental equipment may not be abandoned or left at a hotel, airport, rental car facility, residence, facility, or any other location without prior authorization from SME.

Additional retrieval or service charges may apply if SME is required to make an unscheduled trip to recover equipment.

5. Condition of Equipment / Damage / Missing Parts
   The renter acknowledges receiving the rental equipment in satisfactory operating condition unless otherwise documented at the time of delivery or pickup.

The renter agrees to use reasonable care and return the equipment in substantially the same condition in which it was received, ordinary wear and tear excepted.

The renter is financially responsible for damage caused by misuse, abuse, neglect, improper handling, unauthorized modification, loss, theft, or missing parts.

If equipment can be repaired, the renter may be charged the reasonable cost of repair or replacement parts. If equipment is lost, stolen, destroyed, or damaged beyond reasonable repair, the renter may be charged the replacement or full retail value of the equipment.

6. Cleaning and Sanitation Charges
   Rental equipment must be returned in reasonably clean condition.

Equipment returned with excessive soil, bodily fluids, smoke residue, pet contamination, infestation, excessive debris, or other conditions requiring extraordinary cleaning or sanitation may be subject to a minimum $50.00 cleaning fee, with additional charges when actual cleaning, sanitation, repair, or replacement costs exceed that amount.

7. Proper Use and Safety
   The renter agrees to use the equipment only for its intended purpose and in accordance with manufacturer instructions, SME instructions, applicable safety guidelines, and any instructions provided by the renter’s healthcare professional.

The renter shall not modify, dismantle, repair, alter, or permit unauthorized persons to service the equipment without SME’s prior authorization.

The renter is responsible for ensuring that anyone using or assisting with the equipment understands its proper operation and safety requirements.

8. Assumption of Responsibility and Liability
   The renter assumes responsibility for the proper use, handling, storage, and safeguarding of the rental equipment while it is in the renter’s possession or control.

To the fullest extent permitted by applicable law, SME shall not be responsible for injury, property damage, loss, or other damages resulting from misuse, improper operation, unauthorized modification, failure to follow instructions, use contrary to medical advice, or acts or omissions of the renter or other persons using the equipment.

Nothing in this agreement is intended to waive or limit liability that cannot legally be waived or limited under applicable law.

9. Equipment Malfunction
   The renter must discontinue use and contact SME promptly if the equipment appears damaged, unsafe, or is not operating properly.

The renter shall not attempt unauthorized repairs.

SME will address reported equipment problems in accordance with its applicable service procedures and the circumstances of the rental.

10. Delivery, Pickup, and Additional Service Trips
    Delivery and pickup charges are determined based on factors including location, equipment type, equipment size, scheduling requirements, and services requested.

Additional trips requested by the renter, or made necessary because the renter or responsible party is unavailable, provides incorrect information, changes the delivery or pickup location, or otherwise causes an unsuccessful service attempt, may result in additional charges.

11. Payment Authorization
    The renter authorizes SME to charge the payment method provided for amounts properly due under this rental agreement, including:

• rental charges;
• approved rental extensions;
• applicable delivery or pickup charges;
• additional service or retrieval trips;
• late rental charges;
• cleaning or sanitation charges;
• repair or replacement costs for damaged or missing equipment or parts;
• replacement value for lost, stolen, abandoned, unreturned, or irreparably damaged equipment; and
• other charges specifically authorized under this agreement.

SME may process applicable rental and service charges when the rental order is placed or processed.

12. No Refunds for Early Return
    Rental payments are non-refundable once the rental period has begun.

Returning equipment before the scheduled end of the rental period does not entitle the renter to a full or partial refund, credit, or prorated adjustment unless SME agrees otherwise in writing.

13. Cancellation of Rental Order
    Rental orders may be cancelled before delivery or customer pickup; however, a 20% cancellation fee may apply once the rental order has been confirmed and processed.

Completed delivery charges, same-day service charges, special-order costs, and other services already performed are non-refundable.

If SME is unable to provide the equipment ordered, the cancellation fee will not apply to the unavailable equipment.

14. Medical Advice and Equipment Selection
    SME supplies durable medical equipment but does not replace the advice, diagnosis, treatment, or supervision of a physician or other qualified healthcare professional.

The renter is responsible for confirming that the equipment selected is appropriate for the intended user's medical condition, physical capabilities, environment, and needs.

15. Prescriptions and Medical Requirements
    Certain rental equipment may require a valid prescription, medical order, or other documentation before it can be released. The renter is responsible for providing required documentation when applicable.
16. Loss or Theft
    The renter must notify SME promptly if rented equipment is lost or stolen. The renter remains financially responsible for the equipment unless otherwise required by applicable law or agreed to by SME in writing.
17. Credit Card Authorization
    By signing the rental agreement and/or credit card authorization, the cardholder represents that they are an authorized user of the payment method provided and authorizes SME to process charges properly due under this agreement.

This authorization does not permit charges unrelated to the rental transaction or amounts not authorized by this agreement.

18. Acknowledgment of Agreement
    The renter acknowledges that they have read, understood, and agree to these Terms and Conditions / Liability Agreement of Rental, have had an opportunity to ask questions, and accept financial responsibility for charges properly due under this agreement.