TERMS & CONDITIONS
Defined Terms. When used in this Agreement, the following capitalized terms shall be given the meaning set forth below.
“Agreement” means the Disclosure Schedule, these Terms and Conditions and the EULA.
“Customer” means the person listed as the Lessee on the Disclosure Schedule.
“Happiest Baby INC” or the “Company” means Happiest Baby Leasing, LLC, a Delaware limited liability company.
“Product” means the product(s) listed on the Disclosure Schedule.
“Term” means that period of time commencing on the date on which the Product is delivered to the address listed on the Disclosure Schedule and ending on the Termination Date.
“Termination Date” means that date shown as such on the Disclosure Schedule, or such earlier date as may be permitted under this Agreement.
Purchase Option at End of Lease Term: Customer does not have an option to purchase the Product at the end of the Term or at any other time.
Taxes: Customer agrees to pay all applicable taxes on the Product including, without limitation, sales taxes on the rental payments, if applicable.
Late Payments: For each payment not received by Happiest Baby Leasing within ten (10) days after the due date, Customer will be charged an amount which is the greater of $25 or 5% of the delinquent payment. This late payment charge shall be in addition to Happiest Baby INC other remedies in the event of default.
No Right of Setoff, Etc.: Customer’s obligation to pay rent each month is absolute and is not subject to any dispute, setoff, counterclaim or claim which Customer may believe it has against the Company, whether relating to the Product or otherwise.
Customer’s Responsibility for Product: It is the Customer’s responsibility to maintain the Product, to use and maintain it in accordance with all instructions received from the Company from time to time, and to return it to Happiest Baby INC at the end of the Term (or otherwise as required by this Agreement) in the same condition as when received by Customer, normal wear and tear excepted. Customer must retain Happiest Baby INC identification label on the property and shall not attach the Product to any real property. The Product shall not be removed from the address to which it is delivered without Happiest Baby INC written consent. IF YOU FAIL TO RETURN THE LEASED PROPERTY AS AND ON THE DATE REQUIRED, YOU WILL BE LIABLE TO HAPPIEST BABY LEASING FOR AN AMOUNT EQUAL TO THE FULL REPLACEMENT COST OF THE PRODUCT IN ADDITION TO ALL OTHER PAYMENTS AND CHARGES DUE UNDER THIS AGREEMENT.
Risk of Loss: Customer shall bear all risk of loss or damage to the Product from the time it is delivered to the above address to the time that it is picked up by the Company.
Security Deposit: The security deposit will be refunded to Customer upon return of the Product, less an amount equal to any damage to the Product, any outstanding lease payments, and any charges resulting from Customer’s failure to comply with the provisions of the Lease. Customer shall remain liable for any amounts owed in excess of the security deposit. Customer may not apply the security deposit to any payment owed under the Lease. UPON TERMINATION OF THE LEASE, CUSTOMER MUST PROVIDE THE COMPANY WITH A FOWARDING ADDRESS SO THAT ANY FUNDS DUE MAY BE PROPERLY REFUNDED. Refund of monies owed after termination of the lease will be made by check and require approximately thirty (30) days processing.
Return of Product: Happiest Baby INC shall provide the Customer with a prepaid shipping label for the return of the Product approximately thirty (30) days prior to the end of the Term. If the Product is not received by the Company within thirty (30) days after the end of the Term, Customer will be charged for the full replacement cost of the Product
Security Interest: It is understood that this transaction is a lease and not a conditional sale or financing agreement. Title and ownership to the Product shall remain vested in Happiest Baby INC, and Customer shall not grant a security interest of any kind in the Product to any other person. Customer shall further keep the Product free and clear from all levies, attachments, liens, and encumbrances. In the event that any person other than Happiest Baby INC attempts to create or assert an interest in the Product, Customer shall give Happiest Baby INC immediate notice thereof and shall take such action as Happiest Baby INC may require.
Default: In the event of Customer’s default by failing to pay any Monthly Payment when due or by failing to comply with any other term or condition of this Agreement and Customer’s failure to cure said default within ten (10) days of the default, Happiest Baby INC shall have the right to terminate Customer’s rights under these Terms and under the EULA and to repossess the Product, wherever located, with or without legal process and Happiest Baby INC may charge any credit card provided by Customer for any rent or other charges that are due and payable or become due and payable. Customer’s obligations to Happiest Baby INC under this Lease Agreement shall survive any such termination. Customer agrees to pay all of Happiest Baby INC costs of enforcing the provisions of this Agreement, including reasonable attorney's fees, in addition to all other amounts and damages for which Customer is responsible under this Agreement. Customer hereby waives any and all rights he or she may have, and can legally waive, to oppose pre-seizure hearings following default.
Notice: All notices from Happiest Baby INC to Customer will be emailed to you and will be deemed delivered within three (3) days after sending. Notices from Customer to Happiest Baby Leasing shall be made either by phone, e-mail, or sent to the address we provide on our Web site, or first class mail to our address at:
Happiest BabyINC , LLC
1833 Centinela Avenue
Santa Monica, CA 90404
Copyright. All content appearing on this Web site is the property of:
Copyright © ______-2017 Happiest Baby, Inc. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © ____-2017 Happiest Baby, Inc. All rights reserved.
Trademarks. All brand, product, service, and process names appearing on this Web site or in the Terms, EULA or otherwise in this Agreement are trademarks of their respective holders. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Happiest Baby, Inc., of or any third party.
Waiver of Trial by Jury: Both Happiest Baby INC and Customer knowingly waive any rights they may have to a trial by jury for any dispute arising out of or related to this Lease or relating in any way to the Product including, without limitation, any claims that the Product did not function properly or any product liability-type claim relating to the Product. Customer acknowledges that Happiest Baby INC would not have entered into this Lease Agreement without Customer’s agreement to this provision.
Early Termination: Early termination of this lease by Customer, or by Happiest Baby INC upon Customer’s default, will result in the following charges: (i) a pickup charge equal to the Delivery/Installation charge and (ii) forfeiture of Customer’s security deposit; provided, that the total amount paid by Customer under this paragraph shall not exceed the total of Payments remaining for the Lease Term. These Early Termination charges, included herein this paragraph, will be applied to the Customer’s provided credit card.
Cancellation: Customer may cancel this Lease at any time prior to delivery of the Product. Cancellation of this Lease within two (2) business days of scheduled delivery will result in a cancellation fee not to exceed one month's Base Rent. Cancellation after delivery will be treated under the early termination provision of this Lease. Refund of monies owed to Customer after cancellation will be made by check and require approximately thirty (30) days processing.
Multi-Use Provision: This Lease is intended for use in several jurisdictions. Customer agrees that if any of its provisions shall be held invalid or unenforceable under the laws of the state or jurisdiction in which Customer resides the remaining provisions shall be enforced as if without the inclusion of the invalid term.
Disputes. Any dispute that arises out of or relates to the Product (including, without limitation, any claim that the Product did not function properly or any product liability-type claim relating to the Product) or this Lease Agreement, Customer consents to the exclusive jurisdiction of the federal and state courts having jurisdiction in and for Los Angeles County, California and Customer hereby subjects himself or herself to the jurisdiction of those courts, and waives any right he or she may have to complain that said courts lack jurisdiction or that the venue is inconvenient for the parties or any witnesses.
Warranties: Happiest Baby INC will deliver the Product in good condition and in keeping with any express warranties set forth in the written documentation that the Company may provide at or before the time of delivery of the Product. Happiest Baby INC makes no other warranties, express or implied, and specifically disclaims any warranty of fitness for a particular purpose or merchantability.
Additional Transportation Charge: If, through no fault of Happiest Baby INC, an additional pickup, exchange or delivery trip must be made under this lease, Customer agrees to pay an additional transportation charge.
Financial Responsibility Approval: Acceptance of this lease by Happiest Baby INC is conditioned upon approval by its Credit Department of Customer’s financial responsibility and ability to pay the amounts due under this Lease Agreement.
Entire Agreement: The Disclosure Statement, these Terms and Conditions and the End-User License Agreement set forth the entire understanding between the parties. Any amendments or changes hereto other than those related to substitution, deletion or addition of the Product shall be effective only if in writing and signed by both parties. Amendments substituting, deleting or adding the Product and changing Customer’s payment obligations accordingly shall be effective if included in a written addendum prepared by Happiest Baby INC and furnished to Customer unless Customer objects in writing within ten (10) days of its receipt of the addendum.
NOTICE TO BUILDING OWNER, LENDER AND MANAGER: Customer hereby grants Happiest Baby INC permission to enter his/her home, apartment or office for purposes of delivering, inspecting and picking up the Product. Customer further authorizes and requests his/her family members, agents, employees, servants, landlord and building management to fully cooperate with Happiest Baby INC in making the Product available for inspection or pickup in my absence. Customer agrees to hold such persons harmless for any action resulting from such entry.
Rev. November 2017