Troav Explorer Terms and Conditions

  1. The MEMBER shall keep and maintain the rented equipment during the terms of the rental at his own cost and expense. He shall keep the equipment in a good state of repair, normal wear and tear excepted.
  2. The MEMBER shall pay TROAV full compensation for replacement for replacement and/or repair of any equipment which is not returned because it is lost or stolen or any equipment which is damaged and in need of repair to put it into the same condition it was in at the time of rental, normal wear and tear excepted. The OWNER’s invoice for replacement or repair is conclusive as to the amount MEMBER shall pay under this paragraph for repair or replacement.
  3. The MEMBER shall not remove the equipment from the address of the MEMBER or the location shown herein as the place of use of the equipment without prior written approval of TROAV. The MEMBER shall inform TROAV upon demand of the exact location of the equipment while it is in the MEMBERS possession.
  4. The equipment shall be delivered to MEMBER and returned to TROAV at the RENTER’s risk, cost and expense. If a periodic rental rate is charged by TROAV, rental charges are billed to the MEMBER for each period or portions of the period from the time the equipment is delivered to MEMBER until its return. If a term rental rate is charged by TROAV, rental charges are billed to the MEMBER for the full term even if the equipment is returned before the end of the term. If the equipment is not returned during or at the end of the term, then the rental charges shall continue on a full term basis for any additional term or portion thereof until the equipment is returned.
  5. No allowance will be made for any rented equipment or portion thereof which is claimed not to have been used. Acceptance of returned equipment by TROAV does not constitute a waiver of any of the rights TROAV has under the rental agreement.
  6. The MEMBER shall allow TROAV to enter MEMBER’s premises where the rented equipment is stored or used at all reasonable times to locate and inspect the state and condition of the rented equipment. If the MEMBER is in default of any of the terms and conditions of this agreement, TROAV, and his agents, at the MEMBER’s risk, cost and expense may at any time enter the MEMBER’s premises where the rented equipment is stored or used at all time and recover the rented equipment.
  7. The MEMBER shall not pledge or encumber the rented equipment in any way. TROAV may terminate this agreement immediately upon the failure of MEMBER to make membership payments when due, or upon MEMBER’s filling for protection from creditors in any court of competent jurisdiction.
  8. TROAV makes no warranty of any kind regarding the rented equipment, except that TROAV shall replace the equipment with identical or similar equipment if the equipment fails to operate in accordance with the manufacturer’s specifications and operation instructions. Such replacement shall be made as soon as practicable after MEMBER returns the non-conforming equipment.
  9. MEMBER indemnifies and holds TROAV harmless for all injuries or damage of any kind for repossession and for all consequential and special damages for any claimed breach of warranty.
  10. The MEMBER shall pay all reasonable attorney and other fees, the expenses and costs incurred by TROAV in protection its rights under this rental agreement and for any action taken TROAV to collect any amounts due TROAV under this rental agreement.
  11. These terms are accepted by the MEMBER upon delivery of the terms to the MEMBER or the agent or other representative of MEMBER.