This page constitutes the terms for renting items from Hostile Galaxy. This contract is between the Lessor (Hostile Galaxy, LLC) and the Lessee (You).
Any model rentals (“Models”) leased to Lessee from Lessor are an acknowledgement that Lessee agrees to these terms.
1. Lease. On a month-to-month basis, Lessor agrees to lease to Lessee, and
Lessee agrees to lease from Lessor, Models chosen by Lessee from the Hostile Galaxy website. (“Website”).
2. Operation. Lessee agrees to maintain Models in good condition as depicted on
the Website at time of rental, with the exception of Normal Wear and Tear. Lessee shall use models only for their Intended Purpose.
a. “Normal Wear and Tear” shall refer to minor chips in the paint, small parts becoming detached (but not missing), and other forms of damage that should be considered common and reasonable by the average person.
b. “Intended Purpose” shall refer to shipping models to and from Lessor,
transporting models to and from gaming events and locations, and the common and reasonable use of Equipment in games and at events.
3. Rent. Lessee shall pay a rental fee (“Rent”) to Lessor as consideration for the right to use Models at the rate designated on the Website at time of rental.
4. Rental Period. Lessee agrees to pay Rent on a recurring monthly basis. Lessor agrees to allow Lessee possession of the Models for one month following each Rent payment received. Rental Period ends one month following the last Rent payment received by Lessor.
5. Warranties. Lessor makes no warranty, express or implied, regarding
a. Merchantability; b. Usage of Trade; or c. Fitness for a Particular Purpose.
If Models are damaged or otherwise unusable for their Intended Purpose, Lessee may return Models for a prorated refund. No refund shall apply in cases of negligence, misuse, improper storage, or any other circumstance resulting in loss or damage beyond Normal Wear and Tear.
6. Shipping. Lessee shall be responsible for
a. The cost of shipping to Lessee from Lessor and to Lessor from Lessee; b. Proper packaging of Models before returning to Lessor; c. Returning Models within ONE week of the end of the Rental Period.
7. Deposits. Lessor may, at its sole discretion, choose to charge a deposit. Any deposits paid by Lessee shall be returned upon receipt of Models by Lessor. Deposit will be forfeited by Lessee, in full or in part, in damage or loss has occurred to models beyond Normal Wear and Tear. In the event that Models are lost or damaged beyond repair, Lessee will be charged the retail cost of Models plus a reasonable fee for painting and assembly of damaged or unreturned Models.
8. Balance Due. Should a Lessee’s deposit be insufficient to cover the costs of lost or damaged Models, Lessee shall be responsible for the entire balance due.
9. Collection. Lessee understands and agrees that Lessor has a right to pursue any
legal remedies to collect the balance due, including charging the balance due to any credit or debit cards associated with Lessee. Should Lessee fail to pay the balance due in full after reasonable attempts at collection by Lessor, Lessor may choose to report Lessee’s failure to pay to appropriate credit Bureaus which may affect Lessee’s credit.
10. Governing Law. Any and all matters relating to this Agreement shall be governed
by the laws of the State of Texas. Any legal proceedings, action, or suits relating to this Agreement shall be heard
a. in the United States of America federal courts in the Southern District of
Texas; or b. in the State of Texas courts in Harris County.
11. Term Updates. Lessee understands that Lessor may, at its sole discretion, make changes to this agreement which shall be effective on the month following the date of last Rent received by Lessor from Lessee. Changes will be available on the Website. It is the sole responsibility of Lessee to review Term Updates and Lessee waives any right to receive specific notice of any changes to agreement. Continued Rent payments by Lessee, including automatic payments, shall constitute acceptance by Lessee of any updated terms.
12. Indemnification. Lessee agrees to indemnify, defend, and hold harmless Lessor,
its agents, and affiliates (the “Indemnified Party”) against any loss, cost, or damage of any kind (including reasonable attorneys’ fees) to the extent arising out of a breach of this Agreement, and/or negligence or willful misconduct.
13. Severability. Any invalidity, illegality, or unenforceability of any term of this
Agreement shall not invalidate or otherwise affect any other term or provision of this Agreement.
14. Assignment. Lessee shall not assign or otherwise transfer any of its rights under
this Agreement to any other party. Any such assignment shall be rendered null and void.