Rental Agreement
ANNABOTO RENTAL AGREEMENT
Last Updated March 26th, 2024
This Rental Agreement (“Rental Agreement”) is a lease agreement, and together with the Annaboto Terms of Service (available at https://annaboto.com/policies/terms-of-service) (“Terms of Service”), Privacy Policy (available at https://annaboto.com/policies/privacy-policy), Return Policy (available at https://annaboto.com/policies/refund-policy), and annaboto Membership Terms (available at https://annaboto.com/policies/membership-terms), constitute a legal agreement between you and Boundless Robotics, Inc. (“Boundless”, “Boundless Robotics,” “we,” “our,” or “us”) governing your order, lease, and use of goods and/or services from Boundless Robotics.
For purposes of this Agreement, “Goods” means any goods (including the AnnabotoHydroponics System, any part or parts thereof, and any peripheral, accessory, replacement, or consumables provided in association with the Annaboto Hydroponics System) specified herein to be leased by us to you, “Software” means any application, computer program or software-as-service that is specified herein to be licensed by us to you; and “Services” means any services specified herein to be purchased by you from us.
Boundless Robotics leases the Goods to you, the Customer. This Agreement applies to the Goods identified on your sales/packing receipt and/or other listing provided to you in other communications. To the extent there is a conflict between this Rental Agreement and the Terms of Service, this Rental Agreement will govern with respect to the lease of the Goods, and the Terms of Service will control with respect to all other matters
THIS IS NOT A PURCHASE AGREEMENT. YOU ARE NOT BUYING THE GOODS AND YOU DO NOT OWN THE GOODS.
Therefore, you may not alter, damage, encumber, sublease, sell or otherwise transfer the Goods to any third party until you exercise your purchase option (if you are eligible) and comply with the terms of this Agreement, including paying all amounts due. If you do not exercise your purchase option, pay month to month, or you otherwise default under this Agreement, you must return the Goods to Boundless. The Goods are being leased solely for personal purposes.
You agree to pay us as follows:
|
Deposit due today*: |
Monthly Payments*: $75 / month, plus applicable taxes. Payments are due on a monthly basis, beginning 30 days after the date your Goods are delivered to the address provided by you.
|
The Goods have an original price of $1,475 (including delivery and set up). The Buyout Price is calculated by looking at the value of the Goods after depreciation and applying a membership discount, provided that you have complied with the terms and conditions of this Agreement.
Purchase Option: You have the option to Buyout at the prices set forth below (“Buyout Price”), as follows:
|
Date of Buyout following the Effective Date |
Buyout Price |
|
0 months – 3 months |
$1,195
|
|
3 months, 1 day - 6 months |
$1,095 |
|
6 months, 1 day - 12 months |
$995 |
|
12 months, 1 day - 24 months |
$795 |
|
On or after 24 months, 1 day |
$300 |
The Term of this Agreement (the “Term”) begins on the date stated above and continues until the date of termination as set forth below.
You agree Boundless Robotics will bill your credit card or other agreed upon payment method for all fees. You will provide Boundless Robotics with accurate and complete billing information including legal name, age, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Boundless Robotics reserves the right to cancel your order for Goods in addition to seeking any other legal remedies. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date.
You agree that Boundless Robotics may require a credit check to complete your rental order, and if so, that Boundless Robotics is authorized to investigate your financial responsibility and creditworthiness (including, without limitation, acquiring credit reports and histories) and to report any payment defaults to credit reporting agencies. Such credit checks may require you to provide Boundless Robotics with your social security number.
Boundless Robotics reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is canceled, or if additional information is needed to complete and accept your order. In the event that Boundless cancels an order, it will refund to you any Deposit provided in connection with such order. In the event that Boundless accepts your offer but you fail to provide information necessary for the shipment of the Goods, Boundless will use reasonable efforts to contact you. In the event you fail to provide such information within ninety (90) days following Boundless’ commencement of such efforts, your Deposit will be deemed forfeited.
Where required by law, the total taxes associated with this transaction will be applied to the monthly payments or assessed in other ways, over the term of the Agreement. The monthly payment shown above does not include applicable taxes, which will be applied at the time of billing based on applicable tax rates at the time of the transaction.
ENDING THIS AGREEMENT
You may terminate this Agreement at any time by providing proper notice (“Notice of Termination”) via Member Support via our Support Portal. Notice of Termination is effective only upon receipt by Boundless Robotics (“Notice Date”) and completion of your other obligations under the terms of this Agreement. Notice by any other manner shall be ineffective and will not terminate your obligations under this Agreement.
Upon providing a Notice of Termination, you are obligated to either: (i) schedule a return of the Goods to us in good condition, subject solely to reasonable wear and tear, within 30 days of the Notice Date, or (ii) purchase the Goods at the Buyout Price. If you elect to return the Goods , failure to return the Goods to us in good condition for any reason other than the sole fault of Boundless will constitute an Event of Default (as defined below in the Default section). Your obligations under this Agreement will continue until completion of the return to Boundless’s satisfaction or purchase of the Goods (“Termination Date”).
If we demand the return of the Goods, you must schedule a return of the Goods with us, in good condition, subject solely to reasonable wear and tear within 30 days after our demand and, upon our receipt of the Goods, this Agreement will terminate.
We may elect to terminate this Agreement and demand the return of the Goods at any time if there is an Event of Default. You will be in default (an “Event of Default”) if: (i) you fail to make any payment when due; (ii) upon providing us with a Notice of Termination, you fail to return Goods to us in good condition for any reason other than the sole fault of Boundless or purchase the Goods within 30 days of the Notice Date; (iii) you made a false statement in connection with your lease application or membership application, or deliberately provided incomplete or incorrect information that resulted in your being approved for a lease contract; or (iv) you breach any provision of this Agreement or the Annaboto Membership Terms.
If an Event of Default occurs, we may at any time utilize electronic means to disable the Goods, including your access to any data stored on the Goods, as permitted by law. You understand that the Goods may include, and we may utilize, technological solutions to electronically disable the Goods and/or locate the Goods in the Event of Default as permitted by law. If you do not timely cure the Event of Default, the Goods may remain disabled and (i) you must immediately schedule return of the Goods with us in good condition, subject solely to reasonable wear and tear, (ii) you must pay any payments that have become due and remain unpaid, and any other amounts due under this Agreement.
If you do not return the Goods to us or return the Goods with damage beyond reasonable wear and tear, we will require you to pay, in addition to any other charges due or remedies available to us under this Agreement, the Buyout Price as of the date of the Event of Default. We may require you to pay the expenses we incur for taking any of the above actions, including expenses associated with disabling the Goods, collections, legal costs and reasonable attorneys’ fees; and may pursue any other remedy allowed by law.
You agree that by providing us your credit or debit card information at any time during the Term (including any extended Term), you authorize us to charge your card for all amounts owed as provided above if you default under this Agreement and fail to cure the default. If you provide us with credit or debit card information and you later receive a new card on the same account (if for example, your previous card expired or was lost), you also authorize us to use information provided by your card issuer to update your account information in our records and to continue using the card or replacement card information.
YOUR DUTIES OF CARE AND ACCEPTANCE OF RISK
Your use of the Goods, Software, and/or Services is at your risk at all times. It is your responsibility to ensure compliance with the laws of the jurisdiction in which you use the Goods.
You further acknowledge that the Goods, Software, and/or Services are for residents of states and localities with laws permitting medical and/or recreational cultivation of marijuana ONLY and that marijuana is included on Schedule 1 under the United States Controlled Substances Act, that certain acts relating to marijuana, including in some cases cultivation or possession, are illegal, and individuals are subject to arrest and/or prosecution for doing so, and that Boundless Robotics has made no representation to the contrary.
You may only place an order to rent the Goods, receive the goods, or use the Goods in accordance with the laws of the state in which you will rent, receive, and use the Goods, Software or Services. We reserve the right to reject your requested rental of the Goods for any reason, including, but not limited to our determination that rental, receiving, or using of the Goods is not permitted under the laws of your state.
You acknowledge that Boundless Robotics has no obligation to defend, release or hold you harmless from any civil, criminal, or administrative investigations, proceedings or penalties that may result from your rental, receipt, or use of the Goods.
You are responsible for maintaining the Goods as explained in any owner’s manual or instructions provided to you (including as specified in the User Guide ) and any limited warranty. You are not released from payment or other performance obligations because of damage to or loss or destruction of the Goods, and, unless you purchase the Goods in accordance with this Agreement, you must return the Goods to us in good condition no later than 30 days from providing us with a Notice of Termination.
You may not alter, damage, or change the Goods and must return it to Boundless in good condition with only reasonable wear. The Goods will be considered to have unreasonable wear and therefore will not be considered in good condition, unless it is free of adhesives, paint or cosmetic markings, cracks, dent, rust or other major damage or the screen does not power on; and any other malfunction, failure or damage caused by misuse or mistreatment of the Goods. Unreasonable wear of the Goods may result in a charge when you return the Goods.
RESOLVING LEGAL CLAIMS
Any invalid or unenforceable provision in this Rental Agreement will not make any other provision invalid or unenforceable. This Rental Agreement is intended to benefit and be binding on your and our heirs, administrators, successors and assigns. This Rental Agreement is a single transaction. It does not modify any other contract you have with us.
This Rental Agreement constitutes the entire agreement between you and us and may not be contradicted by evidence of any prior or contemporaneous oral agreement between you and us or anyone acting on our behalf.
Mandatory Arbitration: At Boundless’ sole discretion, it may require you to submit any disputes arising from this Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association. This Mandatory Arbitration section shall survive termination of this Agreement, and if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Rental Agreement will still apply.
The failure by you or us to exercise any right under this Agreement is not a waiver of your or our right to exercise that right or any other right in the future.
LIMITATION OF LIABILITY
Nothing in this Rental Agreement and in particular within this "Limitation of Liability" section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) BOUNDLESS ROBOTICS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF BOUNDLESS ROBOTICS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) BOUNDLESS ROBOTICS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE GOODS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO BOUNDLESS ROBOTICS FOR THE GOODS AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
You agree to indemnify, and hold Boundless Robotics, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the Goods; (b) your violation of this Rental Agreement or the Terms of Service; (c) your violation of any local, state, or federal law, rule or regulation.