Last updated: September 26, 2019 14:30 EDT
On this page are the terms for renting items from White Metal Games. This is a contract between the Lessor (White Metal Games, LLC) and the Lessee (You).
This Personal Property Lease (“Agreement“) is by and between White Metal Games, LLC, of 861 Old Knight Road, Suite 107, Knightdale, NC 27545-7803 (“Lessor“), and the individual/company renting the property (“Lessee,” and together with Lessor, the “Parties,” and each, a “Party“). “Lessor” also includes White Metal Games, LLC’s agents, insurance companies, and any individuals or companies they have authorized to act for them.
WHEREAS, Lessee desires to lease from Lessor, and Lessor desires to lease to Lessee the property.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Lease. Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the equipment chosen by the Lessee from the White Metal Games store (https://www.whitemetalgames.com/store/) (“Store“).
2. Operation. Lessee shall at its expense keep and maintain the Equipment in a good state of repair, normal wear and tear excepted, and shall use the Equipment only for its intended purpose.
3. Rent. In consideration of Lessee’s right to possess and use the Equipment during the Term, Lessee shall pay the rent (“Rent“) at the rate specified in the Store in advance.
4. Limited Warranty. If the Equipment fails to operate in accordance with its essential purpose, Lessee may return the Equipment for a prorated refund. This refund shall not apply where the Equipment has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions, or use contrary to any instructions issued by Lessor, or used with any third-party product, hardware, software, or product that has not been previously approved in writing by Lessor.
LESSOR MAKES NO WARRANTY WHATSOEVER, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INTERFERENCE; OR (d) WARRANTY AGAINST INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER PROPRIETARY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
THE REMEDIES SET FORTH IN THIS SECTION 4 ARE LESSEE’S SOLE AND EXCLUSIVE REMEDIES AND LESSOR’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH HEREIN.
5. Title and Risk of Loss. Title to the Equipment remains with Lessor throughout the Term, and Lessee shall acquire no right, title, or interest in the Equipment. Lessee shall not pledge or encumber the Equipment in any way. Lessee shall bear all risk of loss, damage, destruction, theft, and condemnation to or of the Equipment from any cause whatsoever (“Loss“) until the Equipment has been returned to Lessor to the destination specified in Section 6.1. Lessee shall notify Lessor in writing within five (5) days of any such Loss.
6. Return of Equipment.
6.1 Obligation to Return Equipment. Lessee shall, at its risk and expense, no later than the expiration of the Term (a) inspect and properly pack the Equipment; and (b) return the Equipment to Lessor’s facility set out in this Agreement. Lessor shall enclose a pre-paid return label with the package containing the Equipment for the Lessee’s use in returning the Equipment, however, this shall in no way absolve the Lessee of the obligation to return the Equipment.
6.2 Condition of Equipment Upon Return. Lessee shall cause the Equipment returned for any reason under this Agreement to (a) be free and clear of all liens (other than liens of Lessor) and rights of third parties; (b) be in the same condition as when delivered to Lessee, ordinary wear and tear excepted.
7.1 Security Deposit. If the Lessee has paid a deposit, this deposit shall be returned to the Lessor upon the return of the Equipment in good condition, ordinary wear and tear excepted.
7.2 Full or Partial Forfeit of Deposit. If the Equipment is damaged, ordinary wear and tear excepted, the cost to repair the damage shall be deducted from the deposit amount. If some or all of the Equipment is not returned to the Lessor within the time of the lease, then the retail cost of the unreturned Equipment shall be deducted from the deposit amount. In addition, if the Lessee exceeds the rental period agreed, then the Lessor has the right to apply the deposit toward additional rent.
7.3 Balance Due. If the amount of the deposit is insufficient to cover the amount owed, the Lessee will still owe the balance due.
8. Right to Collect. The Lessee agrees that should they owe the Lessor any charges not covered by the deposit, that Lessor has the right to pursue further remedies as provided by law to collect the amount due.
8.1 Additional Charges. The Lessee agrees that should the deposit does not cover the amount due, the Lessor may charge whatever sources of payment they have on file to recover the cost, including, but not limited to, credit cards, debit cards, PayPal accounts, and bank accounts.
8.2 Credit Report. The Lessee agrees that should they fail to pay amounts due after a reasonable attempt by the Lessor to charge them for it, Lessor has the right to report Lessee’s failure to credit bureaus and it may appear on Lessee’s credit reports .
9. Choice of Law and Choice of Forum. This Agreement and all matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to the conflict of laws provisions of such state. Any legal suit, action, or proceeding arising out of or relating to this Agreement must be instituted in the federal courts of the United States of America in the Eastern District of North Carolina, or the courts of the State of North Carolina, County of Wake, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
11. Indemnification. Lessee shall indemnify, defend, and hold harmless Lessor and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or, expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by Indemnified Party arising out of or resulting from any claim of a third party or Lessor arising out of or occurring in connection with the Equipment or Lessee’s negligence, willful misconduct, or breach of this Agreement. Lessee shall not enter into any settlement without Lessor’s or Indemnified Party’s prior written consent.
12. Survival. Subject to the limitations and other provisions of this Agreement: (a) the representations and warranties of the Parties contained herein shall survive the expiration or earlier termination of this Agreement; and (b) any other provision that, in order to give proper effect to its intent, should survive such expiration or termination, shall survive the expiration or earlier termination of this Agreement.
13. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
14. Assignment: Successors and Assigns. Lessee shall not assign, transfer, delegate, or subcontract any of its rights or obligations under this Agreement without the prior written consent of Lessor. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve Lessee of any of its obligations hereunder. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns.
15. Force Majeure. Lessor shall not be liable or responsible to Lessee, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Lessor including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage
16. Headings. Headings in this Agreement are for convenience of reference only, and are not to be used in any interpretation of the agreement between the parties.