Rideable Nashua Lending Agreement
THIS LENDING AGREEMENT (this "Agreement") is effective as of the date the Lendee agrees to the Terms of Use presented in the Rideable Nashua App. In consideration of the mutual promises contained herein and such other adequate consideration, the parties, Lendee and Rideable Nashua (Lender) hereto agree to the following terms and conditions as well as the previous terms listed in the Rideable Nashua Terms of Use (Sections 2 through 5) wherein the Lendee was referred to as "RIDER" or "You" or Your".
1. LENDING
Lender hereby agrees to lending to Lendee, and Lendee hereby agrees to lending from Lender, upon the terms and conditions specified in this Agreement one electric pedal assist bike (together with all parts, including the LOCK, BASKET, BATTERY, CHARGER, BATTERY KEY and all replacements, repairs, additions, accessions and accessories incorporated therein and/or affixed thereto, collectively, the "Rideable Nashua Bike"). The initial Installment Payment specified under Section 3 FEES shall be due immediately on the Rideable Nashua day of the lendees Rideable Nashua Bike collection and shall be charged by Lender or Lender's to Lendee's Method of Payment provided by Lendee to Lender. Thereafter, subsequent Installment Payments shall be processed to the Lendees method of payment every 30 days until such time as the Rideable Nashua Bike is returned to the Lender. Lendee shall provide Lender at least one (1) Valid Method of Payment which shall remain valid throughout the term of this Agreement, and Lendee hereby expressly authorizes Lender or Lender's Payment Processor to charge all of the installments and fees due under Section 3 FEES. In the event that charges by Lender or Lender's Payment Processor against a Valid Method of Payment is declined by the issuer thereof, Lender shall so notify Lendee and Lendee shall arrange for alternative payment in any other form of payment acceptable to Lender in Lender's sole discretion within three (3) business days after the date of such notice. If Lendee fails to timely provide and maintain with Lender (or Lender's Payment Processor) during the term of this Agreement at least one (1) valid Method of Payment in accordance with the requirements of this Section 1, Lender shall have the right to terminate this Agreement by written notice to Lendee, in which event, Lendee shall immediately return the Rideable Nashua Bike to Lender in substantially the same condition it was in when Lendee took possession of the Rideable Nashua Bike and in no event shall Lender be obligated to refund to Lendee the Refundable Deposit, the Initial Installment Payment or any other Installment Payments that may have been paid by Lendee to Lender prior to the date of such return of the Rideable Nashua Bike to Lender. Notwithstanding anything in this Agreement to the contrary, (i) Lendee shall remove any customization done on the Rideable Nashua Bike and restore the Rideable Nashua Bike to its original condition (the "Restoration") (i.e., removing any special components or accessories not installed by Lender) prior to Lendee's return of such Rideable Nashua Bike to Lender.
2. ADDITIONAL INFORMATION; IDENTITY CHECK AND ADDRESS VERIFICATION
Lender may at any time, in its discretion, require additional documentation from Lendee, for the purpose of determining Lendee’s identity and address and Lendee agrees to provide such documentation in a timely fashion following Lender’s request.. Examples of additional documentation include Drivers License or other State Identification Card, Passport or Utility Bill or Pay Stub. In addition, if at any time the Lendee’s address changes, Lendee shall provide Lender with written notice of Lendee’s updated address promptly following such change of address. In the event Lendee refuses to provide such information, Lender may elect to terminate this Agreement by written notice to Lendee and Lendee shall return the Rideable Nashua Bike within three (3) business days to Lender in substantially the same condition it was in when Lendee took possession of the Rideable Nashua Bike.
3. FEES
(a) Lending Fee: Lendee agrees to pay the Refundable Deposit of $50.00 and in addition to the first (1st) 30 Day Installment Payment of $15.00 due upon the day of the Rideable Nashua Bike collection.
(b) Lost Key Fee: There shall be a lost key fee of $50.00 in the event that the Lendee loses the Battery Key. If lost, the Lendee must either keep the bike and charge with the battery housed in the Rideable Nashua Bike, or, return the Rideable Nashua Bike to the lender for a replacement Rideable Nashua Bike if inventory allows and at the sole discretion of the Lender.
(c) Loss due to Theft or Damage: In the event that the bike is lost due to theft or damage of the Rideable Nashua Bike the Lendee forfeits the refundable deposit if applicable or may lose access to the Rideable Nashua program.
4. CONDITION OF EQUIPMENT
The Rideable Nashua Bike is as is at the time of delivery to Lendee. Upon receipt of the Rideable Nashua Bike, Lendee shall inspect the same. Lendee shall be deemed to have inspected the Rideable Nashua Bike and acknowledged that the Rideable Nashua Bike is in good and acceptable condition, unless Lender shall have received written notice of any defect or damage immediately following Lendee's receipt of the Rideable Nashua Bike.
5. MAINTENANCE
Lendee shall be responsible for keeping the Rideable Nashua Bike in good working condition and repair and Lendee shall not detach or otherwise remove any parts from, or make any material alterations to, the Rideable Nashua Bike. Lendee shall pay promptly all taxes and assessments due and payable for the Rideable Nashua Bike or with respect to Lendee's use of the Rideable Nashua Bike and Lendee shall not use the Rideable Nashua Bike illegally.
6. Rideable Nashua MAINTENANCE SERVICE
Lendee agrees to turn in the Rideable Nashua Bike to representatives of Rideable Nashua at a location of the Lenders choosing (such locations, individually and collectively, the "Rideable Nashua Maintenance Location") once every 30 days for basic inspection and routine maintenance services associated with normal wear and tear to the Rideable Nashua Bike, that may include, wheel truing, brake adjustment, chain tensioning, lubrication, wipe down, free assessments, adjusting and tightening of headset and other bolts,provided, however, (i) Lender reserves the right, in its sole discretion, to terminate the lending agreement during such inspections. In the absence of a 30 day maintenance inspection, the Lender may request the Lendee to provide photographic images of the Rideable Nashua Bike through the Rideable Nashua App to confirm the condition of the Rideable Nashua Bike. Lendee is limited to one maintenance visit per 30 day period.
7. DAMAGE; LOSS
Subject to the fee schedule (set forth in Section 3) Lendee shall be fully and exclusively responsible for any loss, damage (other than normal wear and tear) or destruction to the Rideable Nashua Bike from any cause, and in the event of any such theft, loss or damage, Lendee shall remain fully responsible for the loss of the Refundable Deposit if applicable.
8. LOCKING AND STORAGE
Lendee is expected to always secure the bike with provided locking equipment at any time they are to leave the bike unattended. Rideable Nashua Bike should always be secured with the lock to bike rack or appropriate public infrastructure. When Bike is parked for longer term periods at Lendee's residence or place of work, the Bike should be stored in locations with limited to no public access.
9. THEFT
Subject to the fee schedule (set forth in Section 3) Lendee shall be fully and exclusively responsible for any theft of the Rideable Nashua Bike, and in such event, Lendee shall remain fully responsible for the loss of the Refundable Deposit if applicable. Lendee must complete and share with the Lender a police report related to the theft incident within three days of the theft incident. Following a full review of the incident and at the sole discretion of the Lendor, another Rideable Nashua Bike may be lent to the Lendee requiring an additional payment of a new Refundable Deposit if applicable.
10. CANCELLATION
Lendee may cancel this Agreement at any time, without penalty, by returning the Rideable Nashua Bike, to Lender in good working condition and otherwise in the condition required by this Agreement, normal wear and tear excepted. Lendee will receive a refund of the deposit, if applicable, within 7 business days of the Rideable Nashua Bike return. Previous installment payments are not refundable. If Lendee fails to return the Bike to Lender within seven days of failed monthly payment or notice of cancellation or termination, Lendee is in dereliction of this Lending Agreement and Lender is entitled to seek alternate means of collection including the filing of a police report for possession of stolen property.