Offer and Acceptance of the Product
All offer of services are governed by the description and specifications of the Product, terms of warranties provided by the respective service provider (as applicable) in addition to these TERMS OF SERVICE PROVIDER. In the event a service provider (as applicable) is providing any warranty, details of such warranty will be specified on the relevant Product webpage on the Website or on the label printed on the Product package. Such warranties are provided by service provider (as applicable) and will be fulfilled by the service provider (as applicable).
The availability of the Product under the rental services are subject to change without notice prior to the booking of the Product by the END USER. However, there may be circumstances where the Product may not be available to be delivered to the END USER after the rental transaction approval. In such an event, SERVICE PROVIDER may cancel or instruct Rentsewa to cancel such rental transaction without any recourse to END USER and without any liability to the SERVICE PROVIDER or to Rentsewa. If END USER's request is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the END USER either to the bank account provided by the END USER for such reversal, or to the payment instrument of the END USER from which payment was made, or to any pre-paid payment instrument account of the END USER. Rentsewa shall have the sole discretion to determine the mode of reversal from the above options.
With respect to the rent of Product by SERVICE PROVIDER to the END USER, the SERVICE PROVIDER hereby represents and warrants to the END USER that:
• SERVICE PROVIDER has the right to rent the Products to the END USER on or through the Website;
• END USER shall have and enjoy quiet use of the Products;
• Products shall be free from any charge or encumbrance in favour of third party;
• END USER shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available to the owner at the time of the use of such products.
• Product shall meet the description and specifications as provided on the Website.
• Product shall not be illegal or contraband or which is prohibited under the law of land shall not be enlisted by the service provider and if any such thing is made available by the service provider then under such circumstances the person or the entity posting such thing on the web portal shall be held liable as the Rentsewa or the WEBPORTAL has no specific mechanism to have check on all these listing on its website as may be it may be being enlisted under some disguised name etc.
The rental Price of the Product is subject to change without notice prior to the availing of the products or services by the END USER. The rental Price is provided on the Website on 'as is' basis as provided by the SERVICE PROVIDER. Due to technical reasons there may be errors in rental Price which may be corrected by the SERVICE PROVIDER at any time and any acceptance of offer of rent by the END USER of the Products subject to such faulty rental Price shall, subject to discretion of the SERVICE PROVIDER, not be a valid acceptance and such transaction can be avoided by the SERVICE PROVIDER.
All prices are inclusive of VAT/ST or any other tax as applicable from time to time define by the respective government or department.
Delivery of the Product
There are various delivery models for delivery of hired Product to the END USER, as decided by the SERVICE PROVIDER. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the SERVICE PROVIDER and not on the END USER. SERVICE PROVIDER represent and warrant that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by SERVICE PROVIDER on the Website and hired by the END USER and meet all descriptions and specifications as provided on the Website.
END USER's shipping address, pin code will be verified with the database of Website before a END USER proceed to pay for END USER's purchase. In the event END USER's request is not serviceable by logistic service providers or by SERVICE PROVIDER or the delivery address is not located in an area that is covered under the request confirmation form, END USER may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the SERVICE PROVIDER, as the case may be.
Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the END USER and the SERVICE PROVIDER for purchase and rent of Product or services on or through the Website. However, the Product shall not be delivered to the END USER unless the END USER makes the payment of the purchase of Product.
END USER shall be bound to take delivery of the Products hired by the END USER that are said to be in a deliverable state. Where END USER neglects or refuses to accept the delivery of the Products requested by the END USER, the END USER may be liable to the SERVICE PROVIDER for such non-acceptance and shall further be liable to Rentsewa for any loss of any fee or charges that Rentsewa and its third parties shall have earned from the SERVICE PROVIDER if such delivery or transaction should have been completed. END USER acknowledges that such damages or loss to Rentsewa and its third parties are not consequential or indirect and same may be collected or deducted from the advance received by the rentsewa.
Cancellation of transaction / requests
Cancellation by SERVICE PROVIDER: There may be certain requests that SERVICE PROVIDER is unable to accept and has the right to cancel either by the SERVICE PROVIDER directly or SERVICE PROVIDER can instruct Rentsewa to cancel such request. SERVICE PROVIDER reserves the right, at its sole discretion, to refuse or cancel any request for any reason whatsoever. Some situations that may result in END USER's request being cancelled include, without limitation, non-availability of the Product or quantities requested by END USER or inaccuracies or errors in pricing information. SERVICE PROVIDER may also require additional verifications or information before processing any request. All such cancellation shall be without any recourse to END USER and without any liability to the SERVICE PROVIDER or to Rentsewa. If END USER's request is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the END USER either to the bank account provided by the END USER for such reversal, or to the payment instrument of the END USER from which payment was made, or to any pre-paid payment instrument account of the END USER. Rentsewa shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by Rentsewa is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of request. The above is the sole remedy of the END USER and the sole liability of the SERVICE PROVIDER and sole responsibility of Rentsewa for any cancellation of the purchase request by the SERVICE PROVIDER or otherwise other than by the END USER.
Cancellation by the END USER: In case of requests for request cancellations, SERVICE PROVIDER reserves the right to accept or reject requests for request cancellations for any reason whatsoever. As part of usual business practice, if SERVICE PROVIDER receives a cancellation notice and the request has not been processed, SERVICE PROVIDER may cancel the request and refund the entire amount to END USER within a reasonable period of time. SERVICE PROVIDER will not be able to cancel requests that have already been processed by the SERVICE PROVIDER. END USER agrees not to dispute the decision made by SERVICE PROVIDER and accept SERVICE PROVIDER's decision regarding the cancellation.
Set-off of any benefits availed by the END USER: In case the END USER has availed any benefit under any marketing or promotions provided by Rentsewa in relation to the rent service for which the request has been cancelled by the END USER or by the SERVICE PROVIDER, END USER agrees and authorizes rentsewa to recover such benefits from the END USER or set-off the same from any refunds to the END USER.
These TERMS OF SERVICE PROVIDER shall be governed in accordance with the laws of India without reference to conflict of laws principles. You acknowledge that these TERMS OF SERVICE PROVIDER are solely for Your benefit. It is not for the benefit of any other person, except for Your successors and permitted assigns.
Disclaimer by Rentsewa
RENTSEWA'S ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE SERVICE PROVIDER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER FOR THE RENT OF THE PRODUCTS AND TO ENABLE END USER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SERVICE PROVIDERS AND THE END USERS. ACCORDINGLY, THE CONTRACT FOR RENT OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SERVICE PROVIDER AND THE END USER. AT NO TIME SHALL RENTSEWA HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL RENTSEWA HOLD ANY TITLE IN THE PRODUCTS.
THESE TERMS OF SERVICE PROVIDER SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS, TERMS OR POLICIES BETWEEN THE END USER OR SERVICE PROVIDER ON ONE HAND AND RENTSEWA ON THE OTHER HAND.
RENTSEWA DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OFFERED BY SERVICE PROVIDERS ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. RENTSEWA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE SERVICE PROVIDER OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS INCLUDING REPRESENTATIONS RELATING TO MERCHANTABILIGY, FITNESS OF A PRODUCT OR SERVICE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT END USER MAY HAVE WITH SUCH THIRD PARTIES ARE AT END USER's OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO SERVICE PROVIDER'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND RENTSEWA DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. RENTSEWA ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE END USER.
RENTSEWA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ILLEGAL, INFRINGING, FAKE, DUPLICATE, SPURIOUS, DEFECTIVE OR COUNTERFEIT, REFURBISHED, EXPIRED PRODUCTS HIRED BY END USER FROM THE SERVICE PROVIDER AND RENTSEWA SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT HIRED OR AVAILED BY END USER FROM THE SERVICE PROVIDER IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE RENTAL CONFIRMATION REQUEST.
Rentsewa is in no way responsible or liable for the offer for rent or rent of the Product by the SERVICE PROVIDER to the END USER, its delivery, the warranty terms (if any) related to the Product and the return, refund or cancellation of rent of any Products.
Rentsewa does not warrant that the rent price provided by the SERVICE PROVIDER of the Product is accurate, proper and valid. Any error in the rent price shall be solely attributed to the SERVICE PROVIDER and not to Rentsewa. Prices, Product description and availability of the Product are SERVICE PROVIDER's responsibility.
END USER expressly acknowledges that the SERVICE PROVIDER selling the defective Product will be responsible to END USER for any claims that END USER may have in relation to such defective Product and Rentsewa shall not in any manner be held liable for the same.
Rentsewa shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the SERVICE PROVIDER and the installation of the Product where required.