These terms and conditions are an essential part of the agreement pertaining to your rental of the tribometer device by you from Walkway Management Group, Inc. Proceeding with this transaction constitutes your express acceptance of these terms and conditions.

You agree that this transaction is for your short-term rental of one (1) Regan Scientific Instruments BOT 3000-E tribometer device, valued at $8,995, for a term of three (3) days unless otherwise agreed to in a writing by you and us. The term of the rental shall commence from your receipt of the unit from us. At the end of the Term of Rental, the Customer renting the Equipment Rented is responsible for returning the Equipment Rented to Owner by delivering the Equipment to the custody of the designated carrier and utilizing the return label included with the Equipment Rented no later than three (3) days after your receipt of the unit from us. Your failure to return the Equipment Rented in a timely fashion shall incur a fee of $200.00 per day as and for a late fee. We do not guarantee the reliability of shipping carriers or that you will receive the unit by a certain date. The fee for the rental herein shall be the total sum charged herein, which sum includes shipping from us to you, and your return shipping of the unit to us. No portion of this fee shall be refundable, and the rental fee shall be considered earned by us upon delivery of the tribometer unit to you. It is expressly agreed that we retain all right, title and interest in and to the unit rented. You shall have no interest whatsoever in the unit other than a limited possessory right to possess and utilize the unit for the term of the rental only. You shall make payment in full before we shall be obligated to deliver the unit to you. You shall be obligated to timely return the unit to us in the manner as set forth above, and in the same condition in which the unit was sent to you. You shall bear the entire risk of loss, theft, damage, or destruction of the unit from any cause whatsoever, and no loss, theft, damage, or destruction of the unit shall relieve you of your obligation to comply with any obligation under this Agreement. In the event of damage to the unit, you shall be responsible for the actual costs of repair thereof and consent to charging your payment method utilized. If we determine that the unit is lost, stolen, destroyed or damaged beyond repair, you shall be responsible for the replacement value of same, set forth above. You shall not modify, disassemble, reverse engineer or otherwise tamper with the unit or accompanying component(s) under any circumstance. You agree to utilize the unit in accordance with Manufacturer’s Specifications only. You shall be obligated and responsible to understand the proper use and care of the unit. We are not responsible for any injury, loss or damage, directly or consequently, arising out of the use or inability to use the equipment, whether used singularly or in connection with any other equipment. Equipment that operates normally when returned will be deemed to have been in proper operating condition during the entire rental period. You must, at your own expense, protect and keep in good state of condition and repair, the Equipment Rented and must not use or operate the equipment other than in a manner and for the use contemplated by the manufacturer and must return the equipment to us upon termination of the rental period in the same condition and good order as when received. We shall have the sole discretion to determine if, and to what extent, equipment has been damaged. You agree to indemnify us against any claims, actions, damages or liabilities, including all attorney fees, arising out of or connected with your use and/or possession of the unit without limitation. Such indemnification shall survive the expiration, cancellation or termination of this Agreement.

Your rental shall be deemed fully executed and performed in the State of Texas and shall be governed and construed in accordance with the laws thereof. You consent to and agree to the exclusive jurisdiction and venue of federal and state courts located in the State of Texas.

YOU AND WE HEREBY WAIVE YOUR AND OUR RESPECTIVE RIGHTS TO A TRIAL BY JURY IN ANY LEGAL ACTION ARISING FROM YOUR RENTAL OF THE EQUIPMENT OR THE OBLIGATIONS HEREUNDER. OWNER MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE EQUIPMENT RENTED, INCLUDING, BUT NOT LIMITED TO, THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE DESIGN OR CONDITION OF THE EQUIPMENT, THE QUALITY OR COMPLIANCE OR CAPACITY OF THE EQUIPMENT, THE WORKMANSHIP IN THE EQUIPMENT. COMPLIANCE OF THE EQUIPMENT WITH THE REQUIREMENT OF ANY LAW, RULE, SPECIFICATION OR CONTRACT PERTAINING THERETO, PATENT INFRINGEMENT, OR LATENT DEFECTS. CUSTOMER RENTS THE EQUIPMENT “AS IS” AND WITH ALL FAULTS.

Customer agrees not to assert any claim whatsoever against Owner for loss of anticipatory profits or consequential damages.