TRANSVISION TECHNOLOGY,INC.

FURNITURE RENTAL AGREEMENT

FURNITURE RENTAL AGREEMENT

1. Definitions

  • “Property”means the furniture and related items identified on an Order Form, together with any accessories or hardware provided with them.
  • “Order Form”means the online checkout record specifying the Property, Rental Term, fees, and delivery address, which Customer submits and Company accepts.
  • “Rental Term”means the period of time specified on the Order Form during which Customer has the right to possess and use the Property.
  • “Deposit Amount”means the refundable security/damage deposit shown on the Order Form and described in Section 4.2.
  • “Buyout Price”means the price at which Customer may purchase the Property at the end of the Rental Term, as described in Section 13, which will never exceed the Deposit Amount.
  • “Delivery Address”means the single residential address stated on the Order Form where the Property will be delivered and kept.

2. The Rental Plan and the End-of-Term Purchase Option

2.1 One Rental Structure. All orders are rented under the same terms: Company retains sole legal title to the Property throughout the Rental Term. Customer receives a non-exclusive, non-transferable right to possess and use the Property at the Delivery Address for the Rental Term in exchange for the Rental Fee. Rental Fees are payment for the use of the Property only — they do not accrue toward, count toward, or otherwise reduce any future purchase price.

2.2 End-of-Term Purchase Option. Solely once the Rental Term has ended (including upon a renewal term ending, or upon Customer’s confirmed return date if returning early — see Section 13), Customer may choose either to (a) return the Property under the Return & Termination Policy, or (b) purchase the Property for the Buyout Price. Customer is never obligated to purchase the Property, and the option does not exist, and cannot be exercised, at any earlier point during an active Rental Term. Full mechanics, pricing, and the election process are set out in Section 13.

2.3 Consumer Leasing Act / Regulation M Disclosure. Where the Rental Term exceeds four months, Company will provide Customer, before the Rental Term begins, with a written lease-disclosure statement in the form required by the federal Consumer Leasing Act and Regulation M, including: a description of the Property; the amount due at signing/delivery; the payment schedule and total of Rental Fees over the Rental Term; other charges (e.g., late fees); how the Deposit Amount is handled; and a statement that Customer has the option to purchase the Property at the end of the Rental Term and the method for determining the Buyout Price. [Finalize the model disclosure form with counsel using Regulation M Appendix A before launch; confirm current applicability if the Rental Term is ever 4 months or less, or structured month-to-month, since Reg M’s disclosure mandate may not apply to those orders.]

3. Term and Renewal

The initial Rental Term begins on the delivery date stated on the Order Form and continues for the period selected at checkout (e.g.,  12-month, or 24-month term). Unless either party gives notice of non-renewal in accordance with the Return & Termination Policy, the Rental Term automatically renews on a month-to-month basis at the then-current rental rate.

4. Fees and Payment

4.1 Rental Fee. Customer will pay the recurring Rental Fee shown on the Order Form on the billing date each period, by the payment method on file.

4.2 Security/Damage Deposit. Customer will pay the refundable deposit shown on the Order Form before delivery. The deposit is not rent and does not accrue interest [unless required by the law of Customer’s state]. It will be applied or refunded in accordance with the Return & Termination Policy.

4.3 Late Payments. A payment not received within 3 days of its due date is late. A late fee of $50 may apply.

4.4 Failed Payment Method. If a scheduled charge fails, Company will attempt to notify Customer and may retry the charge. Repeated payment failures are an event of default under Section 11.

4.5 Taxes. Rental Fees are exclusive of applicable sales, use, or rental taxes, which will be added at checkout where required by law.

5. Delivery and Installation

5.1 Company will schedule delivery to the Delivery Address within the window selected at checkout. Customer must ensure reasonable access (working elevator, clear pathways, parking) for delivery personnel.

5.2 Where purchased, assembly/installation is included as described on the Order Form.

5.3 At delivery, Customer should inspect the Property and note any pre-existing damage on the delivery confirmation or by contacting Company within 24 hours. Absent timely notice, the Property is deemed accepted in good, usable condition, consistent with normal wear and tear already disclosed at the time of listing.

6. Ownership and Title

Except as provided in Section 13 upon completion of an End-of-Term purchase, title to the Property remains with Company at all times. The Property is and remains Company’s personal property and is not subject to Customer’s creditors or any lien Customer might attempt to create. Customer must not sell, sublease, pledge, encumber, or remove the Property from the Delivery Address without Company’s prior written consent.

7. Use and Care of Property

Customer will: (a) use the Property only for ordinary residential household purposes at the Delivery Address; (b) keep the Property reasonably clean and free of pests; (c) not modify, paint, reupholster, or permanently alter the Property; (d) follow manufacturer care instructions provided with the Property; and (e) allow Company to inspect the Property at reasonable times on 3 days’ notice.

8. Damage, Loss, and Theft

8.1 Customer is responsible for loss of, or damage to, the Property beyond ordinary wear and tear, from the time of delivery until Company confirms receipt of a complete return.

8.2 Damage Protection Plan (optional). If Customer purchases the optional Damage Protection Plan at checkout, accidental damage to the Property is covered up to $100 per claim, subject to the exclusions in the Damage Protection Plan terms (which typically exclude intentional damage, theft without a police report, and damage from smoke, flood, or pet incidents beyond).

8.3 Without the Damage Protection Plan, Customer is liable for the lesser of the cost of repair or the depreciated replacement value of the damaged or lost item, as determined under the Return & Termination Policy’s inspection process.

8.4 Customer must report theft of the Property to local law enforcement and provide Company with a copy of the police report within 3 days.

9. Maintenance and Repairs

Customer must promptly notify Company of any defect or needed repair. Company will, at its option, repair or replace the affected item at no cost to Customer for defects not caused by Customer’s misuse. Customer must not attempt repairs without Company’s prior written consent.

10. Insurance

Company recommends, but does not require, that Customer’s renters’ or homeowners’ insurance cover the Property while in Customer’s possession. The Damage Protection Plan described in Section 8.2 is not an insurance policy and does not replace Customer’s own coverage.

11. Default and Remedies

11.1 Events of Default include: non-payment of any amount due; material breach of this Agreement; relocating the Property without consent; Customer’s bankruptcy or insolvency; or providing materially false information on the Order Form.

11.2 Company’s Remedies. On default, and after any notice and cure period required by applicable law, Company may terminate this Agreement and recover the Property. Recovery of the Property will be conducted in compliance with applicable law, including any prohibition on breach of the peace during self-help repossession; where self-help repossession is restricted, Company will pursue available legal process instead.

11.3 Company will not seek any remedy, fee, or deficiency that exceeds what is permitted under the law of Customer’s state of residence.

12. Early Termination

Customer may end the rental before the end of the Rental Term in accordance with the Return & Termination Policy. An early-termination fee of 50% of remaining term, if any, will be disclosed on the Order Form before checkout. Ending the Rental Term early starts the End-of-Term Purchase Option window described in Section 13, based on the early end date Company confirms with Customer.

13. End-of-Term Purchase Option

13.1 When the Option Arises. The right to purchase the Property described in this Section becomes available only once the Rental Term has ended — whether because the agreed term expired, Customer gave notice of non-renewal, or Customer exercised early termination under Section 12 — and is not available, and may not be exercised, at any other time.

13.2 Buyout Price. If Customer elects to purchase the Property, the Buyout Price will be the depreciated fair-market value of the Property as of the end date, provided that the Buyout Price will never exceed the Deposit Amount on file for that Property, regardless of how that value is calculated. Company will confirm the exact Buyout Price in writing before Customer is required to make an election.

13.3 How to Elect. Customer may elect to purchase by notifying Company through their account or at [email protected] no later than 3 days after the Rental Term ends, and before any scheduled pickup occurs under the Return & Termination Policy. If Customer does not elect to purchase within this window, the Property must be returned under the standard return process.

13.4 Payment and Deposit Offset. Company will apply the Deposit Amount on file against the Buyout Price. If the Buyout Price is less than the Deposit Amount, Company will refund the difference to Customer’s original payment method within the timeframe stated in the Return & Termination Policy. If the Buyout Price equals the Deposit Amount, no further payment or refund is required. Customer will never be required to pay more than the Deposit Amount already on file to complete the purchase.

13.5 Title Transfer; “As-Is.” Title to the Property transfers to Customer, free of Company’s interest, immediately upon completion of the offset/payment described in Section 13.4. The Property is sold “as-is,” reflecting normal wear and tear consistent with its age and use; Company makes no further warranty regarding the Property once purchased, beyond any manufacturer warranty that may still apply.

13.6 Damage Charges Still Apply. Electing to purchase the Property does not waive any damage charge that may be owed for other items in the same order that are being returned rather than purchased, which will be assessed under the Return & Termination Policy in the usual way.

14. End of Term / Return of Property

If Customer does not exercise the End-of-Term Purchase Option in Section 13, Customer must return the Property in accordance with the Return & Termination Policy, which governs scheduling, condition requirements, refunds, and dispute resolution related to the return.

15. Indemnification

Customer will indemnify and hold Company harmless from third-party claims arising from Customer’s misuse of the Property or breach of this Agreement, except to the extent caused by Company’s negligence or willful misconduct.

16. Limitation of Liability

To the maximum extent permitted by law, Company’s total liability arising out of this Agreement will not exceed the total Rental Fees paid by Customer in the [twelve (12)] months preceding the claim, and Company will not be liable for indirect, incidental, or consequential damages. Nothing in this Agreement limits liability for personal injury caused by Company’s negligence, gross negligence, or willful misconduct, or for any liability that cannot be limited under applicable law.

17. Dispute Resolution; Arbitration

17.1 Informal Resolution. Before filing any claim, the parties agree to first attempt to resolve the dispute informally by contacting services@transvision360.com.

17.2 Binding Arbitration. Except for claims that may be brought in small-claims court, any dispute arising out of or relating to this Agreement will be resolved by binding individual arbitration administered by the [American Arbitration Association / JAMS] under its consumer arbitration rules, rather than in court, except that either party may bring an individual action in small-claims court.

17.3 Class Action Waiver. All claims must be brought in the parties’ individual capacity, not as a plaintiff or class member in any purported class, collective, or representative proceeding.

17.4 Opt-Out Right. Customer may opt out of this arbitration provision by sending written notice to services@transvision360.com within thirty (30) days of first accepting this Agreement, identifying the Order Form and stating an intent to opt out of arbitration.

17.5 Governing Law. This Agreement is governed by the laws of the State of California, without regard to conflict-of-laws principles, except where the consumer-protection or rental-purchase law of Customer’s state of residence applies and cannot be waived.

18. Force Majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disaster, labor dispute, or governmental action, except that Customer’s payment obligations are not excused by this Section.

19. Electronic Signatures and Communications

Customer consents to execute this Agreement electronically and to receive notices, disclosures, and statements electronically, in accordance with the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state law. Customer may withdraw this consent by contacting services@transvision360.com, which may affect Customer’s ability to use the Site.

20. General Provisions

20.1 Entire Agreement. This Agreement, together with the Order Form, Return & Termination Policy, Cancellation Policy, and Privacy Policy, constitutes the entire agreement between the parties regarding the Property.

20.2 Assignment. Company may assign this Agreement, including in connection with a financing, merger, or sale of assets. Customer may not assign this Agreement without Company’s prior written consent.

20.3 Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be construed to reflect the parties’ original intent to the extent permitted by law.

20.4 No Waiver. Company’s failure to enforce a provision is not a waiver of its right to do so later.

20.5 Notices. Notices to Company should be sent to services@transvision360.com. Notices to Customer will be sent to the email or address on file.

By submitting your Order Form, you acknowledge that you have read, understood, and agree to be bound by this Furniture Rental Agreement.

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