Terms of Service

COMMERCIAL & RESIDENTIAL EQUIPMENT RENTAL AGREEMENT

IMPORTANT LEGAL NOTICE: PLEASE READ THIS AGREEMENT CAREFULLY. BY SELECTING "I AGREE" ON THE INTAKE FORM OR ACCEPTING DELIVERY OF THE EQUIPMENT, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH BEACON OBX RENTALS LLC, DOING BUSINESS AS BEACON AC EXPRESS, AND WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.

This Equipment Rental Agreement (the "Agreement") is entered into by and between Beacon OBX Rentals LLC, doing business as Beacon AC Express ("Owner", "Company", "We", or "Us"), and the person or entity renting the equipment, listed as the customer in the submission intake form ("Renter" or "You").

1. EQUIPMENT LEASE & PROPER USE

  • Scope: Beacon OBX Rentals LLC, DBA Beacon AC Express, hereby leases to Renter portable air conditioning units (12,000 BTU), associated venting kits, hoses, window adapters, and, if selected, supplemental box fans and commercial-grade extension cords (collectively, the "Equipment").

  • Permitted Use: The Equipment is intended solely for temporary indoor climate control. Renter shall operate the Equipment strictly in accordance with manufacturer guidelines and Company instructions.

  • Prohibited Modifications: Renter shall not dismantle, repair, alter, modify, or tamper with the Equipment, including its internal components, drainage lines, electrical plugs, or exhaust systems. Any adjustment to the physical setup must be requested directly from Beacon AC Express.

2. POWER SUPPLY REQUIREMENTS & EXTENSION CORD RESTRICTION

  • Dedicated AC Circuit: Renter assumes sole responsibility for providing a standard, properly grounded, un-shared, and dedicated 110v/120v electrical outlet capable of safely powering a 12,000 BTU unit. The portable air conditioning unit MUST be plugged directly into a permanent wall receptacle.

  • Extension Cord Prohibitions: Renter explicitly agrees NEVER to use any extension cord, surge protector, power strip, multi-outlet adapter, or timer with the portable air conditioning unit.

  • Permitted Extension Cord Use: Any extension cords provided by Beacon AC Express are strictly and exclusively intended to power the supplemental low-draw box fans. Renter assumes all liability if a Company-provided or third-party extension cord is plugged into an air conditioning unit.

  • Infrastructure Failure: Beacon OBX Rentals LLC, DBA Beacon AC Express, is not responsible for tripped circuit breakers, blown fuses, electrical fires, or damage to Renter's electrical panels, wiring, or appliances caused by overloading older or faulty structural wiring, or the misuse of extension cords.

3. WATER DAMAGE, CONDENSATION, & PROPERTY SPECIFICS

  • Nature of Portable ACs: Renter acknowledges that air conditioning units extract large volumes of moisture from ambient air as a natural part of the cooling process.

  • Condensate Management: While units utilize auto-evaporation features, high-humidity coastal environments can cause extreme condensate accumulation. Renter agrees to periodically monitor the area around the unit for any localized moisture.

  • Exclusion of Water Damage Claims: Renter explicitly waives any claims against Beacon OBX Rentals LLC, DBA Beacon AC Express, for property damage, including but not limited to stained carpets, warped hardwood floors, ruined drywall, mold growth, or ceiling leaks resulting from condensate backup, drain line blockages, or accidental tank overflows.

4. CONDITION OF EQUIPMENT & PREMISES

  • Delivery Documentation: Renter acknowledges that Beacon AC Express records date-stamped photographic evidence of the Equipment and the immediately surrounding premises (floors, walls, windows) at the time of delivery and installation.

  • Pre-Existing Damage: Beacon AC Express assumes no liability for pre-existing structural or cosmetic damage to the property. Renter waives the right to claim the Equipment caused damage to the property if such conditions are captured in the delivery documentation or result from normal equipment operation.

  • Biological Contaminants: Renter agrees to return the Equipment free of pest infestations (including but not limited to bed bugs, fleas, and roaches) and hazardous biological contaminants. Equipment returned in a contaminated state will incur immediate professional remediation fees or full replacement costs billed to the Renter.

5. INDEMNIFICATION & THIRD-PARTY LIABILITY

  • Hold Harmless: Renter agrees to defend, indemnify, and hold harmless Beacon OBX Rentals LLC, DBA Beacon AC Express, its members, officers, employees, and agents from and against any and all claims, liabilities, losses, damages, costs, or legal defense fees arising out of the delivery, placement, presence, operation, or use of the Equipment.

  • Guest and Tenant Liability: If the Equipment is placed in a vacation rental property, commercial office, or shared residential property, Renter assumes full legal and financial responsibility for any bodily injury, property damage, or claims made by tenants, guests, clients, visitors, or property managers. Renter is responsible for ensuring guests do not trip over cords or exhaust hoses.

6. LIMITATION OF LIABILITY & WARRANTY EXCLUSION

  • "As-Is" Equipment: Beacon OBX Rentals LLC, DBA Beacon AC Express, provides the Equipment on an "AS-IS" and "WITH ALL FAULTS" basis. The Company makes no warranties, express or implied, regarding the merchantability or fitness of the equipment for a specific layout.

  • Exclusion of Consequential Damages: Under no circumstances shall Beacon OBX Rentals LLC, DBA Beacon AC Express, be liable to Renter for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of business revenue, lost vacation rental booking revenue, tenant displacement costs, alternative accommodation fees, or structural mold remediation costs, even if the Equipment experiences a mechanical breakdown or failure.

  • Maximum Liability Cap: Total liability of Beacon OBX Rentals LLC, DBA Beacon AC Express, under this agreement for any reason whatsoever shall be strictly capped at and limited to the total rental fees actually paid by the Renter for the specific rental period in question.

7. EQUIPMENT SECURITY, THEFT, & LOSS

  • Duty of Care: Renter must secure the Equipment from theft, vandalism, weather exposure, or unauthorized use while it is deployed at the designated property.

  • Replacement Cost: If the Equipment is stolen, goes missing, or is physically destroyed or severely damaged by pets, water, impact, or neglect while in the Renter's possession, Renter agrees to reimburse Beacon OBX Rentals LLC, DBA Beacon AC Express, for the full current retail replacement value of the items (including the individual retail value of box fans and cords) plus a $150 logistics and restocking fee per air conditioning unit.

8. DELIVERY, ACCESS, & SEVERE WEATHER EVENTS

  • Right of Entry: Renter grants Beacon OBX Rentals LLC, DBA Beacon AC Express, clear and unrestricted access to the designated property for delivery, scheduled maintenance, and final equipment retrieval.

  • Severe Weather / Hurricanes: In the event of a named storm warning, severe weather event, or mandatory evacuation order (including Dare County municipal orders), Beacon OBX Rentals LLC, DBA Beacon AC Express, reserves the right to enter the exterior premises or coordinate immediate interior entry to reclaim and protect the physical equipment fleet. The Company is not liable for structural temperature spikes occurring after emergency equipment extraction.

9. PAYMENT, FEES, & CANCELLATION

  • Logistics Fee: All rental orders are subject to a mandatory, non-refundable $70.00 setup and breakdown fee.

  • Payment Terms: Full payment is required prior to or at the time of equipment deployment unless a prior commercial billing arrangement has been established in writing.

  • Early Termination: No refunds, prorations, or credits will be issued if the Renter requests early removal of the Equipment prior to the scheduled end of the rental period.

10. RIGHT OF REFUSAL & TERMINATION

  • Refusal of Service: Beacon OBX Rentals LLC, DBA Beacon AC Express, reserves the absolute right to refuse delivery, cancel the rental agreement, and immediately remove the Equipment if the Company determines, at its sole discretion, that the property infrastructure is unsafe, the electrical supply is inadequate, or the Renter is operating the Equipment in a hazardous or prohibited manner.

11. GOVERNING LAW & JURISDICTION

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina, without regard to conflict of law principles. Any legal actions, disputes, or arbitrations arising from this contract must be filed exclusively in the courts of Dare County, North Carolina.

12. SEVERABILITY & INTEGRATION

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. This document constitutes the entire legal agreement between the parties and Beacon OBX Rentals LLC, DBA Beacon AC Express, regarding the equipment rental.