Beachway Rentals and Services, LLC – Terms & Conditions
• Legal Notice • All notices from Beachway Rentals and Services, LLC to You will be included in a link in your
confirmation email to you and will be deemed delivered after being sent. These Terms and Conditions
will also be posted on our website. Payment of the rental charge deams you agree with the terms and conditions. Notices from You to Beachway Rentals and Services, LLC shall be made either
by phone, e‐mail, or sent to the address we provide on our Web site, or first class mail to our address at:
Beachway Rentals and Services, LLC 5930 Beach DR SW, Shallotte, NC 28470
• Use Of Site • This site may contain other proprietary notices and copyright information, the terms of
which must be observed and followed. Information on this site may contain technical inaccuracies or
typographical errors. Information, including product pricing and availability, may be changed or updated
without notice. Beachway Rentals and Services, LLC and its subsidiaries reserve the right to refuse
service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if
Beachway Rentals and Services, LLC believes that customer conduct violates applicable law or is harmful
to the interests of Beachway Rentals and Services, LLC and its subsidiaries.
to Beachway Rentals and Services, LLC through this Web site, phone orders and orders taken in person is
governed by the Beachway Rentals and Services, LLC. Beachway Rentals and Services, LLC considers
customer information to be confidential and does not share or sell customer data.
• Consumer Agreement • Beachway Rentals and Services, LLC; hereafter known as Beachway Rentals –
Terms and Conditions – Rental Agreement ‐ Customer is bound by the terms and conditions of this
agreement, customer signature is not required.
1. TERMS OF DELIVERED EQUIPMENT: Customer assumes all risk of loss or damage to the Equipment
upon receipt of the Equipment by Beachway Rentals or a designated agent to Customer, and Customer
shall be solely responsible for any such loss of or damage to the Equipment until the return of the
Equipment to Beachway Rentals designated location. ***We make every effort to arrive on time,
however due to unpredictable traffic situations and possible delays, we do not guarantee exact delivery
times. You have 24 hours after delivery to notify Beachway Rentals of any discrepancies, damaged
equipment, or missing manufacture instructions, you agree that you or your designated agent examined
the equipment, agree it is in operational condition (if appropriate), and are aware of its condition.
Manufactures instructions are also posted on our website for customers use. Changes, upgrades and
additions will be charged to the customer's credit card on file and are payable immediately. A same day
delivery fee may be charged if the customer changes the order after it has been delivered. Customer
assumes all responsibility for reviewing their order to assure the correct and appropriate items are on
the order. Changes prior to rental start can be made, however changes following rental start are subject
to availability and will not be provided until payment for the difference is made.
CRIB DELIVERY & STAIRS: Due to Federal requirements on crib manufacturing, the weights of full‐size
cribs have nearly doubled since 2012. This makes the transport of cribs up & down stairs dangerous for a
single individual, with a high risk for personal injury or property damage. Beachway Rentals must take
into consideration the safety of our personnel, as well as, the need to minimize the potential for damage
to the properties where we deliver. Beachway Rentals personnel can only 'deliver to' or 'pickup from'
upper floors with the assistance of another adult capable of carrying a 65‐pound item.
All crib delivers and pickups shall be left in the safest possible location on the ground level. Cribs must
be returned to ground level prior to customer departure from the property. If no safe location exists on
ground level, customers will need to call upon arrival to schedule a second delivery attempt. Cribs left
on upper floors or indoors upon departure will require re‐scheduling the pickup at a time that two staff
members are available after Beachway Rentals and Services, LLC has obtained a key or key code. This
will result in an additional $30 fee to the customer.
BABY GEAR AND EQUIPMENT: By placing an order I forfeit all right to bring a suit against Babies Getaway
U.S LTD for any reason. I will also make every effort to obey safety precautions when using baby gear
such as but not limited to cribs, booster seats, strollers, high chairs, pack and plays and more. I will ask
for clarification when needed.
BICYCLES AND BICYCLE ACCESSORIES: I understand and accept that renting bicycles and participating in
bicycling exposes me/my child to many hazards that may entail unavoidable risk of death, personal
injury (including but not limited to severe spinal or head injury) and loss of or damage to property. I also
understand I/my child should be in good physical health to participate in bicycling, and I confirm that
I/my child have no significant health issues that prevent me/my child from participating in bicycling.
I/my child have no medical conditions, nor have I/my child been diagnosed with a condition that
prevents me from bicycling. Despite the aforementioned risks and acknowledgements, I hereby assume
all risk of injury or loss of life to myself/my child and loss of or damage to property arising out of renting
this bicycle and participating in bicycling. I understand the inherent risk involved in using this rental
bicycling equipment and accept full responsibility for any and all such damage or injury which may
2. SELF PICK UP / SELF RETURN: Beachway Rentals does not charge a fee beyond rental and tax for selfpickup/
self‐return of allowable items at our designated location provided customer arrives at the agreed
time and date. A $25 fee will be assessed for each No Show/No Call, should the customer or their
designated agent fail to arrive at the agreed time. Rental fees continue to accrue until equipment is
returned to Beachway Rentals possession. Due to the nature of the business, Beachway Rentals does
not guarantee the ability to reschedule a time at the customer's preferred date or time; but will offer
alternate available times/dates.
3. REPLACEMENT COSTS: Replacement cost of equipment is based on full retail value plus applicable
taxes and shipping costs. Replacement costs will be paid immediately and are not contingent upon
receipt of payment to Customer by Customer’s insurance carrier. Rental charges will continue to accrue
until payment of the deemed replacement cost has been received in full by Beachway Rentals. Rental
charges will not be offset against replacement value.
4. BUY OUT: Buy out is not available.
5. RENTAL TERM: Customer agrees to rent the Equipment from Beachway Rentals for the terms
specified on the face of this Agreement. Start of the Rental term indicates the date the equipment is
delivered from Beachway Rentals premises to the premises that is indicated on the face of the
Agreement as the ‘Date Rented’. The date Equipment should arrive back at Beachway Rentals premises
or designated location is indicated on the face of the Agreement as the date ‘Due Back’. The terms of
this Agreement can be extended for one or more successive renewal terms equal to the initial term,
unless Customer provides Beachway Rentals with written notice at least five (5) days prior to the end of
the term or any renewal term that Customer is discontinuing rental of the Equipment.
6. EQUIPMENT RETURN: Customer acknowledges that it is solely the Customer’s responsibility to return
the Equipment to Beachway Rentals or designated location. If the Equipment is not returned by the
Customer by the date due back as indicated on the face of the Agreement, rental charges will continue
to accrue as the Agreement will be extended for one or more successive renewal terms equal to the
initial term. Equipment must be returned to Beachway Rentals in good working condition. Equipment is
subject to inspection upon return to Beachway Rentals or to Beachway Rentals designated location.
7. CANCELLATION: All cancellations of confirmed orders are charged a 15% or $8.00 min fee.No refunds are provided for (A) equipment cancelled onsite or refused on‐site; (B) If a customer or customer's designated party "No Shows" for a Self‐Pickup; or
(C) for early termination of the rental.
8. USE/MAINTENANCE/SERVICE: The Equipment shall be operated in a careful and proper manner by
competent persons and only in accordance with the manufacturer's operating instructions. Customer
shall not disassemble, modify, alter, attempt to repair, or change the Equipment in any manner.
Beachway Rentals agrees that it shall maintain, repair or replace any of the Equipment that fails to
operate properly through no fault of Customer. Customer shall notify Beachway Rentals immediately of
any operating problems with Equipment and request instructions before taking any remedial action or
returning it to Beachway Rentals. Credits for operating problems with Equipment will only be considered
if problems are immediately indicated and documented with Beachway Rentals staff. In the event that
Beachway Rentals determines that the need for maintenance or repair is caused by damage to the
Equipment as a result of Customer's misuse, or improper use of the Equipment, or as a result of repair
or service by a party other than Beachway Rentals or its designee, Customer shall pay Beachway Rentals
for any repair or replacement parts and for Beachway Rentals hourly service charges and pay Beachway
Rentals for any repair or replacement parts and for Beachway Rentals hourly service charges and
minimum fee for making the repair.
9. PAYMENT: PAYMENT IS DUE IN ADVANCE, orders without payment are unconfirmed and not
reserved. Equipment availability is only guaranteed for confirmed and paid orders. Customer agrees to
pay Beachway Rentals the rental payments as specified in this Agreement and to pay all applicable
federal, state or local taxes in connection with the rental or use of the Equipment. A credit card is
required to remain on file through the rental and will be charged for any additions, changes, damages,
etc. Beachway Rentals does not offer open accounts, payment plans or financing. Changes, upgrades,
additions and rental extensions incur additional rental fees, and are in no way offered at no charge. The
credit card on file will be processed for all additional fees associated with the rental, including but not
limited to upgrades, additions, rental extensions, cleaning fees (if assessed), damages and failure to
return rented items. In the event payment is not received by Beachway Rentals, the order will be
cancelled as equipment is rented to other customers or 24‐hours prior to the delivery date, whichever
comes first. Additional fees, if not paid within 24‐hours, will be considered theft of services and subject
legal action in addition to terminating any services with Beachway Rentals. Beachway Rentals – Terms &
Conditions Beachway Rentals Accepts payment via the following methods: ‐ Visa, MasterCard, Discover,
American Express by telephone. Card Number, Expiration, CVV and Billing Zip Code required. ‐ Square
Electronic Invoice ‐ Square accepts all major credit cards. Request a Square Invoice from your Beachway
10. LOCATION: Customer agrees not to remove the Equipment from the installation Location or other
site where the equipment is located without Beachway Rentals express prior written consent. Beachway
Rentals shall have the right to inspect the Equipment at the Installation Location at any time during
normal business hours.
11. ACCESSORIES: All non‐consumable accessories, including but not limited to devices, boxes, fiber
cases, canvas bags, corrugated boxes, manuals, power cords and accessories provided with the
Equipment, whether or not specified herein, shall be deemed to be a part of the Equipment and shall be
returned to Beachway Rentals with the Equipment.
12. WARRANTY/DISCLAIMER: Customer acknowledges and agrees that Beachway Rentals is neither the
manufacturer or nor an agent of the manufacturer of the equipment, and that Beachway Rentals makes
no warranties, express or implied, of any kind with respect to the equipment including but not limited to
any warranty of merchantability of the equipment or its fitness for any particular purpose, or its design
or condition, or its quality, capacity or workmanship. Customer rents the equipment as is with all its
faults. It is agreed that Beachway Rentals shall not be liable to customer for, and customer releases
Beachway Rentals from damages from any cause whatsoever, including but not limited to equipment
malfunction, inoperability or customer's failure to properly operate the equipment. Beachway Rentals
expressly disclaims any liability for incidental or consequential damages. Customer agrees to look solely
to the manufacturer of the equipment for any claim arising from any defect, breach of warranty or
inability to use the equipment for any reason.
13. INDEMNIFICATION: Customer hereby indemnifies and holds harmless Beachway Rentals, its officers,
directors, agents and employees, from and against any and all loss, liability and expenses, including
attorney's fees and expenses, for property damage or personal injury, including death, arising out of or
in connection with the use or operation of the Equipment.
14. LEGAL FEES, EXPENSES, ETC.: All legal expenses incurred will be borne by Customer, in the event that
Beachway Rentals takes legal action against Customer to enforce any of Beachway Rentals rights under
this Agreement, including without limitation (i) any of Beachway Rentals rights to receive rentals,
indemnification, reimbursement, costs of collection of any other sum provided for herein or (ii) any of
Beachway Rentals rights to expenses incurred by Beachway Rentals , directly or indirectly in connection
with such legal action, including, without limitation, attorney's and expert fees.
15. CREDIT CARD FOR PAYMENT: This provision applies for Customer’s making rental payments via
credit card. Please review Section 9. of these Terms & Conditions for additional payment information.
Customer will be charged for the rental of equipment for the rental period stated in the Agreement.
Your signature on the Agreement and or Delivery Ticket is verification that the credit card provided is
valid and you are authorized to use this credit card. The same credit card will be charged for the cost of
any equipment lost, stolen, or damaged. If the rental contract is extended beyond the term stated, all
extensions will also be charged on the credit card provided with this Agreement. If changes are made to
an Quote/Invoice/Order increasing the original total, customer agrees to pay all additional fees
associated with changes.
16. CREDIT CARD ON HOLD: Customer’s Credit Card given to Beachway Rentals to hold for security will
be held on file through the rental of all equipment. Customer will be charged for the rental with credit
card on hold if payment is not made by terms set upon within Agreement. Your signature or Your
Designated Agent signature on the Delivery Ticket is verification that the credit card for hold provided
with the Agreement is valid and you are authorized to use this credit card. This agreement also verifies
that you will be charged on this credit card unless otherwise agreed upon in writing for the cost for any
equipment lost, stolen, or damaged.
17. OBJECTIONS: If Customer objects to the suitability of any Equipment or its acceptability for any
purpose under this Agreement, Customer shall notify Beachway Rentals immediately by phone of
Customer’s specific objections upon receipt of the equipment and allow Beachway Rentals the
opportunity to provide a suitable replacement. Customer will either (A) be offered a replacement if
available, or (B) Beachway Rentals will pickup the item and offer a refund equal to the equipment rental
and applicable tax. If a customer chooses to retain possession of equipment for the rental period then
no refund will be provided.
IMPORTANT NOTES: A. We make every effort to arrive on time, however due to unpredictable traffic
situations and unexpected delays, we do not guarantee exact delivery times. B. We sell out of popular
items during Holidays and Special Events. We encourage booking early to reserve equipment during
these times. Equipment is rented on a First Come ‐ First Served basis. Orders are NOT reserved until we
have received approval and payment information. C. Beachway Rentals provides normal consumergrade
baby equipment or higher, in most instances. Our equipment is highly maintained and inspected
after each rental. However, we do not provide specialty designer brands, "professional" or
"institutional" equipment. If you are an avid or professional runner/jogger looking for a high‐end
professional jogging stroller, please check with local bicycle shops to see if they can accommodate your
need. Equipment is intended for those expecting out‐of town guests and for traveling families needing
short term rental of equipment for their children while away from home. D. We do not guarantee
specific makes, models, colors or styles. E. Objections received following the rental period are not
subject to refund. F. Refunds are not provided for any item due to the child's inability to sleep, eat, or
lack of interest. G. Beachway Rentals reserves the right to refuse service at our discretion.
18. DEFAULT: In the event that the Customer fails to comply with any of the provisions of this
Agreement, including, without limitation making timely payments of sums due hereunder to Beachway
Rentals, then (i) Customer shall be deemed to be in default hereunder, and Beachway at its option may
declare this Agreement to be terminated, (ii) Beachway Rentals or its agents may repossess and remove
the Equipment, and (iii) Beachway Rentals may pursue any other remedy it may have against Customer.
If any of the Equipment is removed from the installation location or other site where equipment is
located, Customer hereby agrees to pay Beachway Rentals as liquidated damages the full amount of the
retail value of such Equipment. In addition to the foregoing, Customer hereby agrees to pay (i) all bank
and other charges resulting from a check of Customer being returned for insufficient or uncollectible
funds, (ii) all of Beachway Rentals costs of collection from Customer, (iii) a late charge of 1‐ 2/3% per
month of any delinquent amount, and (iv) any difference between (a) the actual rental provided herein
for the term of the Agreement and (b) the rental that would have been charged by Beachway Rentals
had the rental payments been calculated on the basis of a term that commenced on the date of this
Agreement and ended on the date of the Customer's default.
19. GENERAL: Beachway Rentals shall not be responsible for failure to fulfill its obligations under this
Agreement due to causes or circumstances beyond its control. In the event of any liability for Beachway
Rentals, such liability shall be limited solely to the rental charge of the Equipment. Beachway Rentals
shall not be liable for any consequential damages in the event of a default by Beachway Rentals.
Customer agrees that it may not and shall not offset against sums due to Beachway Rentals for any
existing or future claims that Customer may assert against Beachway Rentals. Beachway Rentals
reserves the right to refuse service at its discretion. This Agreement constitutes the entire Agreement
and understanding between the parties and may not be altered, modified, or amended except in writing
as signed by an authorized official to Beachway Rentals. This Agreement shall be governed by and
construed under the laws of the State of North Carolina.
20. Payments: All payments will be processed by Beachway Rentals and Services, LLC. Payments are due
in full prior to the rental start. Reversal of payment following a rental will be considered theft of services
and will be reported to the appropriate agencies, associations and industry affiliates. By approving the
order for confirmation and providing payment information, you acknowledge that you have fully read,
understand, and Agree to these Terms and Conditions in their entirety.
• Shipping & Delivery • Beachway Rentals and Services, LLC only offers delivery to Ocean Isle Beach and
Sunset Beach, NC and surrounding townships. Items are not available for delivery to areas outside our
service locations. Upon delivery, the risk of damage and loss for all merchandise ordered on this Web
site, by phone, in person or by mail, pass to you. Items returned damaged or in un‐rentable condition
and items not returned will be billed at full replacement value in addition to all rent, delivery fees and
taxes incurred. ***We make every effort to arrive on time, however due to unpredictable traffic
situations and possible delays, we do not guarantee exact delivery times..***
• Sales Tax • Beachway Rentals and Services, LLC charges North Carolina sales and use tax for
merchandise ordered on this Web site, phone orders and orders taken in person. Non‐Profit and Tax
Exempt parties, must provide via emailed PDF, a signed copy of a Tax Exempt Certificate. In the instance
of a discount for services or "coupon code"; only one (1) discount is permitted per order. You may not
use a Tax Exempt Code and another Discount Code in the same order.
• Store Hours • Business Office hours are 9AM to 5PM (EST), Monday through Friday, during the off
season and 8AM to 5PM (EST), Monday through Sunday during the peak rental season normally
Memorial Day to Labor day. Beachway Rentals and Services, LLC telephones and email are monitored
outside of business hours during peak rental season. If you need rental equipment on short notice,
please provide us with all the information to respond to your request quickly including the dates of your
rental need, location you require delivery to including city, items you need, telephone number and email
address. Beachway Rentals – Terms & Conditions
• Miscellaneous • VOID WHERE PROHIBITED: Although the information on this Web site is accessible
worldwide, not all products or services discussed in this Web site are available to all persons or in all
geographic locations or jurisdictions Beachway Rentals reserve the right to limit the provision of their
products or services to any person, geographic area, or jurisdiction they so desire and to limit the
quantities of any products or services that they provide. Products are provided based on availability and
are on a First Come/First Served basis. Any offer for any product or service made in the materials on this
Web site is void where prohibited. GOVERNING LAW: In the event of litigation both parties agree that
the Law of the State of North Carolina shall apply and both parties shall consent to the jurisdiction of
said State's courts, or in the event of diversity of citizenship, the United States District Court for the
(District). Both parties expressly waive a trial by jury. MISCELLANEOUS: The Terms and Conditions
constitute the entire agreement between you and Beachway Rentals and Services, LLC with respect to
this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and
proposals, whether electronic, oral or written between you and Beachway Rentals and Services, LLC with
respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is
authorized in writing by Beachway Rentals and Services, LLC. If any provision of the Terms and
Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to
closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in
full force and effect.
• Copyright • All content appearing on this Web site is the property of: Beachway Rentals and Services,
LLC 5930 Beach DR SW, Shallotte, NC 28470, Copyright © 2006‐2020 Beachway Rentals and Services,
LLC. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents
on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of
the document (or portion thereof) includes the following copyright notice: Copyright © 2006‐2020
Beachway Rentals and Services, LLC. All rights reserved.
• Trademarks • All brand, product, service, and process names appearing on this Web site are
trademarks of their respective holders. Reference to or use of a product, service, or process does not
imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by
Beachway Rentals and Services, LLC. Nothing contained herein shall be construed as conferring by
implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other
intellectual property right of Beachway Rentals and Services, LLC or any third party, except as expressly
Conditions of Use
Beachway Rentals and Services, LLC – Terms & Conditions