Terms of service

RENTAL TERMS

Envr Air, LLC (“Envr Air”) agrees to provide to the party or parties who submit an online order (“Customer”) for either (i) “Rental” of a certain appliance or appliances and all included accessories, (the “Appliance”) in return for the Customer’s agreement to pay the sum as stated on the invoice generated by the online order (“Invoice”). The Appliance is rented on the following terms and conditions agreed to by the Customer as set forth herein in addition to any and all terms and conditions included in the Invoice, which are incorporated by reference herein (“Agreement”).

TERM, EXPIRATION: This Agreement shall be effective from the date Customer submits an order to Envr Air and pays the Invoice amount. In the event of a Rental of an Appliance, the “Rental Term” is from the date of delivery to October 31 of the same calendar year (“Expiration Date”). The Rental Term will not expire until the Appliance has been returned, rental has been ‘purchased out’ or is available for return/pick-up.

PAYMENT: Customer agrees to the payment terms as set forth herein and in the Invoice. If the Customer defaults in any payment due, Envr Air has the right to demand payment immediately, take possession of Appliance(s) without notice, terminate Agreement, sue and/or recover all rents and other amounts due.

PRE-INSPECTION: Before the completion of delivery of the Appliance to Customer for Rental, Customer may perform an inspection of the Appliance. If Customer does not inspect the Appliance before completion of delivery, or if Customer requests Installation Services of Equipment, Customer is conclusively deemed to have accepted that the Appliance or the Equipment is in good operative condition without known or suspected defect and is in a clean and unmarred condition.

USE AND CARE: In the event of a Rental of an Appliance, the Customer agrees to (a) protect all Appliance(s) from damage; (b) not to move the Appliance or remove the Appliance without prior consent of Envr Air; (c) inspect the Appliance on a regular basis; (d) comply with all by-laws, statues and regulations in any way relating to the Appliance or its use; and (e) to maintain and return the Appliance in as good and clean condition as received, normal wear and tear excepted. In the event of either a Rental of an Appliance or Installation Services of Equipment, immediately notify Envr Air of any known or suspected problems or malfunctions or problems that should be reasonably known or suspected upon regular inspection and/or use.

SPECIAL CONDITIONS RELATING TO USE AND CARE: Customer acknowledges that that Appliance(s) and Equipment installed by Installation Services may operate using fluids such as water, refrigerant, coolants and/or other liquids which can leak, spill and/or otherwise accumulate which could result in the accumulation of moisture and occurrence of mold. Customer also acknowledges that the Appliance(s) or Equipment may be used in locations subject to high humidity which can lead to accumulation of moisture and occurrence of mold. Envr Air is not responsible for any claims, losses, costs, charges, damages, and expenses suffered or claimed by Customer in respect of any health condition or injury (including death) to any person (including the Customer) or damage to any property arising out of accumulation of moisture and/or occurrence of mold. Customer acknowledges its obligations in the USE AND CARE provisions in the preceding section, including but not limited to, the obligation to immediately notify Envr Air of known or suspected problems, with the Appliance and/or Equipment.

RETURN OF APPLIANCE AND REPAIRS: The Customer shall be held responsible for all costs including labor, material, parts and other items associated with any damage to the Appliance(s) during the Rental Term including but not limited to disfiguring of Appliance display, Customer’s moving of the Appliance and unusually or needlessly rough usage besides the normal wear and tear. In case of damage so serious that it would not be practicable to repair the Appliance, the Customer agrees to pay the valuation price to Envr Air on demand. The Valuation Price of the Appliance is the current replacement value including procurement, parts and transportation.

Customer agrees to arrange pick up before the Rental Term Expiration Date. Customer shall provide written notice to Envr Air at least five (5) days in advance of the earlier occurrence of either (i) the Expiration Date or (ii) the date on which the Customer wishes to terminate the Agreement (“Early Termination Date”).In the event the Customer does not allow pick-up of the Appliance before the expiration of the Rental Term or within a reasonable time after the Rental Term has expired (not to exceed ten days), the Customer shall be responsible for all costs incurred by Envr Air to retrieve the Appliance including but not limited to reasonable attorney’s fees and/or the Valuation Price of the Appliance.

INDEMNITY: The Customer agrees to release, waive, discharge indemnify, and hold harmless Envr Air, its owners and employees from all losses, costs, charges, damages, and expenses suffered by Envr Air in respect of any injury (including death) to any person (including the Customer or damage, loss or theft to any property (including property of the Customer) arising out of the Installation Services, including the Equipment, and/or the rental, installation, use or removal of the Appliance by any person while under the care of the Customer except to the extent caused by the negligence of Envr Air.

LIMITED LIABILITY: In no event shall Envr Air be liable to customer, or any other party for any incidental, consequential or special damages, including, but in no way limited to loss of use, delay, liquidated or punitive damages resulting from or in any way connected to the rental, install, use or performance of the equipment or appliance. Envr Air’s liability and indemnity obligations, if any, shall in no event exceed the total rentals or fees received from customer for the rental of the appliance or for payment for the installation services.

ASSUMPTION OF RISK/RELEASE-DISCHARGE OF LIABILITY: Customer is fully aware and acknowledges there is a risk of injury or damage arising out of the Installation Services, and/or installation, use or operation of the Equipment or the Appliance rented hereunder, and hereby elects to voluntarily enter into this Agreement and assume all of the above risks of injury or damage, including but not limited to the risks resulting from third parties. Customer agrees to release and discharge Envr Air from any and all responsibility or liability from such injury or damage arising out of the installation, use or operation of the Appliance, the Equipment, and/or the Installation Services; and Customer further agrees to waive, release and discharge any and all claims for injury or damage against quality which Customer otherwise may be entitled to assert.

Envr Air's REPRESENTATIONS: For Installation Services pursuant to this Agreement only, Envr Air shall provide a labor warranty that the Installation Services will be performed in a good and workmanlike manner for forty-five (45) days commencing from the date of installation as defined on the Service Order or Invoice.
For Rentals pursuant to this Agreement only, Envr Air guarantees to maintain the Appliance in good operative condition, and to repair or replace any defects in a timely manner during the Rental Term. Envr Air’s liability under this Section is limited to repairing or replacing (at the discretion of Envr Air) any Appliance after notice by Customer during the Rental Term.

For both Installation Services and Rentals, it is expressly understood that Envr Air is in no way responsible for the engineering in connection with its use or the results accomplished by the Appliance or Equipment or accidents resulting from use thereof. Customer has selected the Appliance(s) rented and/or the Equipment installed hereunder for its own purposes and Customer expressly disclaims any reliance upon any statements or representations made by Envr Air. EXCEPT FOR OTHERWISE STATED HEREIN, Envr Air's MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE APPLIANCE AND CUSTOMER HEREBY DISCLAIMS SAME.

CANCELLATION, EXPIRATION, TERMINATION:
This Agreement may be terminated by Customer, prior to the date Envr Air is scheduled to commence the Installation Services or deliver the rented Appliance for a full refund of the Invoice amount paid. In the event this Agreement is terminated by the Customer, including termination pursuant to an Early Termination Date, or is cancelled or expires after the Installation Services have been performed or delivery of the rented Appliance has been made, no portion of any payments of any kind provided hereunder shall be owed or be repayable or refundable to Customer.

SUBLETTING & ASSIGNMENT: Customer shall not assign or transfer any interest in this Agreement without the prior written consent of Envr Air. In addition, Customers shall not re-rent any Appliance without strict compliance with this provision.

Return Policy for AC Rental- The rented item must be returned within 48 hours of the installation date for refund of rental charges. Installation & Removal fee’s are non refundable. Return requests made after 7 days will be subject to additional charges.

Return Process - To initiate a return, please contact our customer support team at hello@envrair.com with your order number. Exchanges - We do exchange rental units. A request for an exchange before the installation has taken place will be accompanied by no added fees. Specify desired order changes in your email, and we'll update the billing accordingly. A request for an exchange after the installation has occurred will be accompanied by a charge of $49.00 plus the difference for the upgraded AC. Specify desired order changes in your email, and we'll update the billing accordingly.

Cancellation - Customers have the flexibility to cancel their rental order at any time before installation, and no charges will be incurred. Send Back - Sending back the AC would entail our team installing and subsequently removing the unit. Cancellation requests after the AC has been installed will be subject to our approval of the compensation amount.

SALES TERMS

PAYMENT: Customer agrees to the payment terms as set forth herein and in the Invoice. If the Customer defaults in any payment due, Envr Air has the right to demand payment immediately, take possession of Appliance(s) without notice, terminate Agreement, sue and/or recover all rents and other amounts due.

LIMITED LIABILITY: In no event shall Envr Air be liable to Customer, or any other party for any incidental, consequential or special damages, including, but in no way limited to loss of use, delay, liquidated or punitive damages resulting from or in any way connected to the install, use or performance of the Equipment or Appliance. Envr Air’s liability and indemnity obligations, if any, shall in no event exceed the total rentals or fees received from Customer for the Rental of the Appliance or for payment for the Installation Services.

CANCELLATION, EXPIRATION, TERMINATION: This Agreement may be terminated by Customer, prior to the date Envr Air is scheduled to commence the Installation Services or deliver the sold Appliance for a full refund of the Invoice amount paid. In the event this Agreement is terminated by the Customer, including termination pursuant to an Early Termination Date, or is cancelled or expires after the Installation Services have been performed or delivery of the sold Appliance has been made, no portion of any payments of any kind provided hereunder shall be owed or be repayable or refundable to Customer.

RETURNS: RETURN POLICY FOR AC PURCHASE WITHOUT INSTALLATION. Our return policy allows for returns within 48 hours of the original purchase date. To be eligible for a return, the item must be in its original packaging and in new condition. After 48 Hours, we may offer a refund or store credit, but it's not guaranteed. To initiate a return request, please contact our customer support team at hello@envrair.com with your order number. If your location falls within our service zone, we can arrange a retrieval. The unit must be removed from the window and ready for pick up. If your location falls outside of our service zone, we request that you return the item through a reputable carrier such as UPS, USPS, or FedEx. Please contact hello@envrair.com.com for the return address. Ensure that the package is securely packed and includes the order number. Exchanges - We do not exchange purchased units. Route Package Protection is Non-refundable. 

RETURN POLICY FOR AC PURCHASE WITH INSTALLATION: Our return policy allows for returns within 48 hours of the original installation date or delivery. Installation & delivery fee’s are non refundable after installation is complete. To initiate a return request, please contact our customer support team at hello@envrair.com with your order number and a brief description of why you wish to return your AC. Defective items are eligible for return. Subjective concerns including noise level are not considered valid reasons for return. Exchanges - We do not exchange purchased units.

Cancellation - Customers have the flexibility to cancel their purchase order with installation at any time before installation, and no charges will be incurred.
Service Terms

INSTALLATION SERVICES: Envr Air agrees to provide installation services for Equipment not owned by or rented from Envr Air in return for the Customer’s agreement to pay the sum as stated on the Invoice.

SPECIAL CONDITIONS RELATING TO USE AND CARE: Customer acknowledges that Appliance(s) and Equipment installed by Installation Services may operate using fluids such as water, refrigerant, coolants, and/or other liquids which can leak, spill, and/or otherwise accumulate, potentially causing mold. Envr Air is not responsible for any claims, losses, costs, charges, damages, and expenses suffered or claimed by Customer in respect of any health condition or injury (including death) to any person (including the Customer) or damage to any property arising out of the accumulation of moisture and/or occurrence of mold.

INDEMNITY: The Customer agrees to release, waive, discharge, indemnify, and hold harmless Envr Air, its owners, and employees from all losses, costs, charges, damages, and expenses suffered by Envr Air in respect of any injury (including death) to any person (including the Customer) or damage, loss, or theft to any property arising out of the Installation Services.

ASSUMPTION OF RISK/RELEASE-DISCHARGE OF LIABILITY: Customer acknowledges there is a risk of injury or damage arising out of the Installation Services and hereby elects to voluntarily enter into this Agreement and assume all such risks. Customer agrees to release and discharge Envr Air from any and all responsibility or liability from such injury or damage arising out of the installation, use, or operation of the Appliance, the Equipment, and/or the Installation Services.

Envr Air's REPRESENTATIONS: For Installation Services pursuant to this Agreement, Envr Air shall provide a labor warranty that the Installation Services will be performed in a good and workmanlike manner for thirty(30) days commencing from the date of installation.