Rental Agreement Terms and Conditions
Rental Terms and Conditions:
Peoples Care Medical Supply, Inc (“PCMS,” “we,” or “us”), operating under the brand name of “Peoples Care Medical Supply/Juan Cifuentes”, is an online platform that provides rental service of non-medical mobility scooters and wheelchairs (the “Products”) to general customers for non-medical use (the “Services”). These Terms and Conditions (the “Terms”) govern your access and use of our Services and Products. Please read these Terms carefully before using our Services or Products. By accessing or using our Services or Products, you agree to be bound by these Terms. If you do not agree, please refrain from using our Services or Products.
1. ASSUMPTION OF RISK
By using the Services and Products, you, or the person or entity on whose behalf you enter into these Terms, agree to assume all risks associated with using the Services and Products, including but not limited to:
You acknowledge that using the Products can result in injury, disability, death, or property damage. You further acknowledge that the Products may be subject to wear, vandalism, or damage from previous use, which may not be immediately visible or reported to PCMS.
PCMS is not liable for any incidents or injuries, whether due to our negligence or that of others, including other users, pedestrians, or motorists.
Weather, road conditions, and other environmental factors may impact the safe operation of the Products.
You, on behalf of yourself, your representatives, and heirs, assume all risks and accept full responsibility for any accidents, personal injury, property damage, or loss you may experience using our Services or Products, including those arising from PCMS negligence or omission.
2. WAIVER AND RELEASE OF CLAIMS
You, on behalf of yourself, your representatives, heirs, assigns, and successors, hereby irrevocably and unconditionally release, waive, and forever discharge all claims, demands, damages, rights of action, and causes of action against PCMS, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, suppliers, and insurers, including all claims for personal injury, property damage, death, disability, economic loss, or emotional distress arising from using our Services or Products, regardless of whether caused by PCMS negligence, gross negligence, recklessness, or omissions. You expressly waive all claims related to property damage resulting from your improper handling of the Products. PCMS shall not be liable under any circumstances for lost profits, revenues, data, financial losses, business interruption, or any indirect, special, incidental, exemplary, punitive or consequential damages, even if advised of their possibility. You assume sole and complete responsibility for using the Products safely and in compliance with all applicable rules, regulations, and laws. This release shall be interpreted as broadly as permitted by law.
3. RULES FOR USING PRODUCTS
Proper Use. You agree to abide by the rules for riding applicable to the Products you use, including:
You must be the only user of our Services and Products at a time.
You must be at least 21 years old to use the Products.
You must not exceed the maximum weight limit specified in the Product manual or displayed on the Product. This maximum weight includes you and all items placed or carried by you.
You must be able to operate the Products in a competent manner. You know how to use them and are physically able to do so. You understand that adverse weather conditions can impact safety, and you are able to respond accordingly. This may also mean not using certain Products at all.
You should familiarize yourself with local laws governing how to use our Services/Products, which you must follow when you use our Services/Products. Do not use the Products in prohibited areas, and make sure you understand and obey the laws on sidewalk use, traffic, and parking. You are responsible for abiding by the local traffic rules and regulations.
We recommend that you wear a helmet any time you use any of our mobility scooters, preferably Snell, CPSC, ANSI, or ASTM-approved. It should be sized, fitted, and fastened per manufacture instructions. Helmets and other protective gear are not guaranteed to prevent personal injury. Helmets are required by law in some areas, so definitely wear one if those laws apply to you. If you choose not to wear a helmet and are injured as a result, we are not responsible.
Prohibited Use. You should not use the Services or Products:
For illegal activities or in an unsafe manner, including operating under the influence of alcohol, drugs, or any impairing substances.
To carry or transport any passengers, animals, or oversized items that may interfere with safe operation.
Safety Inspection. Each time you use a Product, you must inspect it to ensure it is in safe, operational condition. This includes checking for:
General condition (body, frame, wheels, tires, brakes, lights, battery, etc.) is in proper working order.
No visible damage or signs of maintenance needs.
Something could have happened to the Product since its condition was last checked, and you should inspect the Product before each use and report any suspected issues. If you notice any issues identified above, or any others, during your safety inspection, DO NOT use the Product. Please immediately report these to us by submitting a request TO (800) 710-5808 and reserve another Product instead. If you notice something during use, stop your trip as safely as you can and as soon as possible. If you don't report these issues, we may have to attribute them to you.
Accidents. You must report any accident, crash, damage, personal injury, or stolen or lost Product to us within two (2) hours of the accident, or, in the event you are injured, as soon as reasonably practicable following the accident or incident.
4. PAYMENT TERMS
Promise to Pay. All rental fees and associated charges become the responsibility of the customer at the time of booking. Full payment is due at booking, prior to delivery or pickup. Any additional fees incurred during the rental period are due immediately upon completion of the rental. By booking a rental, the customer authorizes Peoples Care Medical Supply/Juan Cifuentes and its partners to process charges using the payment information provided. Should any payment fail, the customer agrees to remit the outstanding balance within 30 days of rental completion.
You expressly authorize us to charge your payment method on file for any and all fees arising from your rental, including but not limited to: rental fees, late return fees, damage repair costs, cleaning fees, administrative fees, and the full replacement value of any equipment not returned within 48 hours of the scheduled return time.
Billing Errors and Collection. PCMS reserves the right to correct billing errors at any time and pursue collection actions for outstanding balances. By agreeing to these Terms, you authorize PCMS to contact you via any provided contact information for collection purposes.
5. RENTAL TERMS AND RESPONSIBILITIES
The rental period begins at the scheduled time of pickup or delivery and ends once the Product is returned in the same condition in which it was received, with the exception of normal wear and tear. If you are unable to return the Product by the scheduled end time, you agree that PCMS may charge additional rental fees to your payment method on file for the extended period. Failure to return the Product within 48 hours of the end of the rental period may result in additional charges, including costs associated with retrieval, replacement, or legal action.
We expect that other than normal wear and tear, you will return (meaning locking up and/or deactivating) a Product in the same condition in which you received it. If you damage it (accidentally or intentionally), or fail to properly return it and damage occurs, you will be responsible for the associated costs.
Equipment Rental Order Cancellation: PCMS reserves the right to cancel any rental order if:
(a) The customer information provided is incorrect or incomplete;
(b) PCMS is unable to contact the customer using the provided contact information;
(c) The customer fails to respond to PCMS communications within a reasonable time; or
(d) PCMS determines, in its sole discretion, that the rental cannot be fulfilled safely or properly.
In the event of cancellation under these circumstances, PCMS will process a refund according to our refund policy, less any applicable fees or charges incurred.
Unreturned Rental Equipment: If you fail to return the Product within 48 hours of the scheduled return time without prior arrangement, we reserve the right to:
(a) Consider the Product lost or stolen;
(b) Charge your payment method on file for the full replacement value of the unreturned Product, including any accessories;
(c) Report the Product as stolen to relevant authorities; and
(d) Pursue any and all legal remedies available to us.
BY AGREEING TO THESE TERMS, YOU EXPLICITLY AUTHORIZE PCMS/JUAN CIFUENTES TO CHARGE YOUR PAYMENT METHOD ON FILE FOR THE REPLACEMENT VALUE OF ANY UNRETURNED EQUIPMENT.
6. RENTAL EQUIPMENT CANCELLATION AND MODIFICATION POLICY
To cancel or modify your rental reservation, please contact us (800) 710-5808 at least 48-24 hours prior to your scheduled rental start time. Written requests via email are required for any and all changes to peoplescaremedical@gmail.com
(a) Free Cancellations - Reservations canceled within 48 hours before delivery will receive a full refund.
(b) Partial Refunds - Reservations canceled within 24 hours of delivery will be refunded 50% of the rental total.
(c) Non-Refundable - Same-Day Cancellations, no-shows, respond to calls, text, email, unavailable at delivery location - Are non-refundable.
(d) Early Returns - If you choose to return any rental equipment before the end of the rental period, please note that unused rental days are non-refundable, or pro-rated rates.
(e) Rescheduling - You may reschedule your rental (subject to availability) with no extra charge if notified at least 24 hours in advance.
(f) Delivery fee is non-refundable - If the order is canceled within 24 hours or same day of the start time of your reservation.
(g) Note - we do not bill insurance - Rental Equipment are available for direct paying clients.
Late Returns: If you do not return all items on time (every piece of equipment and add-ons), you will be charged on a one-day rental basis for every 24 hours after the end of your reservation.
Extensions: To extend your rental, please contact us at least 24 hours before the return time of your reservation. Any extension request received after such time will not be accommodated and will require a new booking through our official channels.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
PCMS provides our Services and Products using a commercially reasonable level of skill and care, and while we strive for the highest quality in everything we do, there are certain things we cannot promise of our Services and Products. PCMS PROVIDES THE PRODUCTS “AS IS” AND “AS AVAILABLE.” WE DO NOT GUARANTEE THAT THE PRODUCTS OR SERVICES WILL MEET SPECIFIC REQUIREMENTS, PERFORM UNINTERRUPTED, OR BE ERROR-FREE.
PCMS is not liable for any damages, including indirect or incidental damages, arising from the use of our Services or Products, including incidents involving mobility scooters or wheelchairs. The customer assumes all risks associated with the rental, including risks from hardware malfunctions or operator errors. In no event shall PCMS liability exceed the total fees paid by the customer for the rental.
IF YOU USE ANY OF THE PRODUCTS IN A WAY THAT IS PROHIBITED BY THESE TERMS, IT WILL VOID ALL INSURANCE, ACCIDENT, OR LIABILITY COVERAGES PROVIDED BY US OR OUR INSURER, INCLUDING ANY COLLISION DAMAGE WAIVER (WHERE PERMITTED BY LAW); IT WILL MAKE THE PRODUCT SUBJECT TO IMMEDIATE RECOVERY BY US WITHOUT NOTICE TO YOU; AND YOU WILL BE RESPONSIBLE FOR ALL LOSS OR DAMAGE TO, OR CONNECTED WITH THE PRODUCT, INCLUDING OUR EXPENSES, TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS DUE TO SUCH PROHIBITED USE.
8. INDEMNITY
To the fullest extent permitted by law, you AGREE TO INDEMNIFY, DEFEND, AND HOLD PCMS AND ITS AFFILIATES HARMLESS from all claims, damages, or expenses arising from: (a) your use of the Products, including injuries, property damage, or third-party claims resulting from your actions; (b) violation of the Terms or Law, any breach of these Terms or local laws while using the Products; and (c) third-party claims, any claims against PCMS arising from your negligence or unauthorized use.
9. PERSONAL INFORMATION
Our collection and use of personal information in connection with the Services is set forth in our Privacy Policy.
10. EXPORT CONTROLS
You agree not to export or provide access to Services or Products to U.S.-sanctioned countries or individuals on restricted party lists. By using our Services and Products, you confirm you are not on any U.S. restricted lists or in any sanctioned countries. Violation of this provision may lead to immediate termination of access.
11. GOVERNING LAW AND JURISDICTION
These Terms will be governed by and interpreted according to the laws of the State of California. Any disputes will be resolved in the state or federal courts located in Los Angels County, California, and you agree to submit to the jurisdiction of those courts.
Attorney's fees provision:
This entire rental agreement terms and conditions, the prevailing party in any dispute with respect to this agreement is entitled to recover reasonable attorney's fees, cost, and expenses incurred with respect to such dispute and in any appeal, including credit card disputes.
12. ENTIRE AGREEMENT
These Terms, along with Terms of Services, Privacy Policy, and any referenced policies, constitute the entire agreement between you and PCMS regarding your use of our Services. This Agreement may not be amended except in writing, signed by PCMS.
Severability: If any part of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force.
No Waiver: Any failure by PCMS to enforce these Terms is not a waiver of our right to do so later.
Use of Our Brand: You may not use PCMS name, logos, or trademarks without our prior written permission. To request permission, please contact us at (800) 710-5808.
SPECIAL INSTRUCTIONS FOR MOTORIZED EQUIPMENT:
- All motorized equipment, scooters, or power chairs must be charged every night for a minimum of six (6) hours, with the key out of the ignition. Be aware of outlets that are controlled by a wall switch as they may affect the charging.
- The "average" daily use of a fully charged battery is 5-7 hours of continues use. This can vary upon many factors, including the wight on the equipment, the terrain and weather conditions. (we do not recommend using scooter nor power chair under the rain, at your own risk if you do)
- Always take your battery charger with you.
- Never leave the equipment unattended, as the customer is responsible for it.
- Always remove the key when getting off the scooter or power chair.
- Never attempt to use the equipment when the charger is plugged to the unit.
- One of the most common issues is the "free wheel lever", which is located on the right-side fender. If the scooter beeps 5 times when the key is turned on this means the "free wheel lever" is in the unlocked, neutral position. Shut off the scooter (remove the key) locked the wheel lever toward the back of the unit to D = drive position.
- Another common service issue is "no power". If the lights do not come on when the key is turned on this is due to a power issue. There will not be any beeps from the equipment. Solution (turned off equipment then find the reset button, push it then turn on device, issue resolved. If you have a transportable scooter and issue is not resolved removed battery pack off the unit and check your fuse, if fuse is damage replace it with another fuse from top tiller of scooter and placing i back to scooter.
- In the event of heavy rainy weather please keep the top console/controller/joystick covered to minimized water access or damage.
- Equipment should never be used on uneven hills, sand, or steep areas like gangways. Always get off and walk the scooter up and down those areas. When unsure is better to be cautious, always walk besides, not behind, the equipment.
No show, answer call, respond to text massages, voice mails, email Policy
No refunds for early returns, no refunds if you decide not to show, answer call, respond to a text massage, voice mails or emails. This policy is in place because rental fees account for the entire reserved period, ensuring the items are available exclusively for you and not rented to another customer during that time. Customers are encouraged to carefully select rental durations to match their needs to avoid misunderstandings.
As a courtesy to fellow customers kindly cancel any unneeded reservation as soon as your plans change by calling (800) 710-5808
Rental Extensions
Medical Equipment are returned by the due date/time specified on the rental agreement. If you need to extend your rental, you must call us (800) 710-5808
Out of Battery Policy, scooters, power chairs, hoyer lifts
Equipment is delivered fully charge at the time of delivery, customer is responsible to charge the batteries as needed. If you forget to charge your batteries and become stranded, please call us (800) 710-5808 and can request a new delivery of a fully charged battery unit for additional $75.00 fee.
Entire Agreement:
This agreement constitutes the entire agreement between Peoples Care Medical and the customer, or their respective agent. This agreement shall not be amended, altered, or changed except by a written agreement signed by Peoples Care Medical Supply.