Terms and Conditions

BEACHWAY RENTALS AND SERVICES, LLC – TERMS & CONDITIONS

1. LEGAL NOTICE – All notices from Beachway Rentals and Services, LLC (hereinafter “Beachway Rentals”) to You will be included 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 and checking the box of Terms and Conditions will be deemed to be read and agreed to. Notices from You to Beachway Rentals shall be made either by phone, e-mail, or sent to the address we provided on our website, or first class mail to Beachway Rentals, 5930 Beach Drive SW, Shallotte, NC 28470.

1. ELECTRONIC SIGNATURE – For all purposes herein, Beachway Rentals and You agree that an electronic signature on these Terms & Conditions and the Rental Agreement – Waiver and Release of Liability shall be deemed the same as an original, handwritten signature for the purposes of validity, enforceability, and admissibility. Further, both parties agree to promptly re-execute a copy of both the Terms & Conditions and the Rental Agreement – Waiver and Release of Liability with original, handwritten signatures if requested by the other to do so. 

1. 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 its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Beachway Rentals believes that customer conduct violates applicable law or is harmful to the interests or equipment of Beachway Rentals or anyone else.

1. PRIVACY POLICY – Beachway Rentals’ use of personal information that you may submit to Beachway Rentals through the website, phone orders, and orders taken in person is governed by this agreement. Beachway Rentals considers customer information to be confidential and does not share or sell customer data. 

1. TERMS & CONDITIONS AND WAIVER / RELEASE – Customer agrees by signing the Rental Agreement – Waiver and Release of Liability that they are bound by the terms and conditions of this agreement and that customer signature on this agreement is not required. 

1. TERMS OF DELIVERED EQUIPMENT – Customer assumes all risk of loss or damage to the Equipment upon receipt of the Equipment from Beachway Rentals or a designated agent to Customer. Customer shall be solely responsible for any such loss or damage to the Equipment during the rental period up until the return of the Equipment to Beachway Rentals’ designated location. 

1. DELIVERY – 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 or as soon as discovered to notify Beachway Rentals of any discrepancies, damaged equipment, or missing manufacturer’s instructions. You agree that you or your designated agent examined the equipment, agree that it is in operable condition (if appropriate), and are otherwise aware of its condition. Manufacturer’s instructions are also posted on our website for customer use where available. 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 subject to availability and will not be provided unless the product is available and until the payment for the difference is made.

1. BABY 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 and 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. Accordingly, all crib deliveries and pickups shall occur in a safe, secure location on the ground level. If moved by Customer, these cribs must be returned to ground level prior to customer departure from the property. If no safe, secure 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 at a time that two staff members are available after Beachway Rentals has obtained a key or key code. This will result in an additional $30 fee to the customer.

1. BABY GEAR AND EQUIPMENT – By placing an order, Customer specifically agree to all of the terms set forth in the Baby Equipment Rental Agreement – Waiver and Release of Liability. Customer will make every effort to obey and abide by all safety precautions when using baby equipment, including but not limited to cribs, booster seats, strollers, high chairs, pack and plays, or other equipment. Customer will ask for clarification should any concerns or questions arise. 

1. BICYCLES AND BICYCLE ACCESSORIES – I understand and accept that renting bicycles and participated in bicycling exposes me and/or my child to many hazards that may entail serious risk and injury, including death, and loss of or damage to property. I understand that I and/or my child should be in good physical health to participate in bicycling and I confirm that I and/or my child have no significant health issues that prevent me or my child from participating in bicycling. Despite the aforementioned risks and acknowledgments, I hereby assume all risk of injury or loss of life to myself or my child and loss of or damage to property arising out of renting and using the bicycle. I understand the inherent risks involved in using the bicycle and accept full responsibility for any and all such damage or injury which may result.

1. SELF-PICKUP / SELF-RETURN – Beachway Rentals does not charge a fee beyond rental and tax for self-pickup/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.   

1. REPLACEMENT COSTS – In the event any of Beachway Rentals’ non-low speed vehicle Equipment is damaged beyond repair, lost, or stolen during the term of the rental agreement, Customer agrees to reimburse Beachway Rentals for the replacement cost of the Equipment at retail value plus any lost rent or revenue during the time Beachway Rentals does not have the replacement Equipment to rent. In the event the equipment is damaged but repairable at a cost of less than 50% of the equipment’s retail value, Customer agrees to reimburse Beachway Rentals for the cost of the repair and any lost rent or revenue during the repair of such damage that occurred during the rental term that is the subject of this contract. The reimbursement of these expenses is due immediately upon presentation of an invoice from Beachway Rentals and is not contingent upon receipt of payment to Customer by Customer’s insurance carrier if applicable. 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 as such would deprive Beachway Rentals of rental income necessary for business operations. 

1. REPAIR / REPLACEMENT OF LOW-SPEED VEHICLES – This section is not intended to contradict or negate the other terms and conditions otherwise set forth herein. Customer is responsible for all damage, loss, or theft of any rented Vehicle, including damage caused by weather, acts of god, or condition of terrain on which you use it. Your responsibility for damage will include: (A) all physical damage to the Vehicle measured as follows: (i) if Beachway Rentals determines that the vehicle is a total loss, the fair market value of the vehicle less salvage; (ii) if Beachway Rentals determines that the vehicle is repairable: (a) the difference between the value of the vehicle immediately before the damage and the value immediately after the damage or (b) the reasonable estimated or actual cost of repair plus recovery for any depreciation in value; (B) loss of use, which is measured by multiplying the daily rental rate of either the actual or estimated number of dates from the date the vehicle is damaged until it is replaced or repaired, which Customer agrees represents a reasonable estimate of loss of use damages and is not a penalty provision; (C) an administrative fee calculated based on the damage repair estimate as follows: $0-$250 in damage = $50 fee, $251-$500 damage = $75 fee, $501-$750 damage = $100 fee, $751-$1,500 damage = $150 fee, $1,501-$2,500 damage = $200 fee, over $2,500 damage = $250 fee; (D) towing, storage, and impound charges and other reasonable incidental or consequential damages Beachway Rentals incurs as a result of said damage, loss, or theft; and (E) all costs associated with Beachway Rental’s enforcement of this Agreement or collection of charges, including attorney’s fees, collection fees, and costs/expenses whether or not litigation is initiated.  

1. BUY OUT – Buy out is not available. 

1. RENTAL TERM – Customer agrees to rent the Equipment from Beachway Rentals for the terms specified on the face of the Agreement. Start of the rental term indicates the date the equipment is delivered from Beachway Rentals to Customer as indicated on the Agreement as the “Date Rented”. The date equipment should arrive back at Beachway Rentals premises or the designated location is indicated on the Agreement as the date “Due Back”. In the event that Customer retains the equipment after the conclusion of the rental term, the terms of this Agreement shall be extended for a successive renewal term equal to the initial term with Customer being responsible for the full costs of the renewal term. If Customer fails to obtain written, preapproval from Beachway Rentals for the successive term prior to the expiration of the initial rental term, the successive renewal cost will also include a 10% penalty fee added to the total cost to account for the resulting inability of Beachway Rentals to re-rent that equipment to other customers.   
2. EQUIPMENT RENTAL AND RETURN – Customer acknowledges that it is solely Customer’s responsibility to return the Equipment to Beachway Rentals or the designated location. If the equipment is not returned by 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 described in Paragraph 10. Equipment must be returned to Beachway Rentals in clean and good working condition. Equipment is subject to inspection upon return to Beachway Rentals or as soon as practical thereafter. Beachway Rentals reserves the right to seek reimbursement under Paragraph 7 Replacement Costs above following this inspection. 

1. CANCELLATION – Orders cancelled 14 days or more prior to the agreed upon Delivery Date will be refunded 100% of the order total. Orders cancelled within 14-days of Delivery Date are refunded at 85%. No refunds are provided for (A) equipment cancelled on-site 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. There are also no refunds for equipment purchased specifically to accommodate a customer’s order or transferred from other Beachway Rentals locations to accommodate a customer’s order, but Beachway Rentals will refund delivery fees and costs of items that were available in stock at the time of confirmation.

1. USE/MAINTENANCE/SERVICE – The Equipment shall be operated or used in accordance with the Rental Agreement – Waiver and Release of Liability and in a careful, proper, and reasonable manner at all times. 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 problems with Equipment and request instructions before taking any remedial action or returning it to Beachway Rentals. Beachway Rentals will consider credits for operating problems with Equipment if the problems are promptly reported to and documented by Beachway Rentals’ staff. In the event that Beachway Rentals, in its sole discretion, determines that the need for maintenance or repair is caused by damage to the Equipment as a result of Customer’s misuse, improper use, inaction, or failure to report to Beachway Rentals, Customer shall pay Beachway Rentals for any repair or replacement parts incurred as a result. These repair and replacement parts will include hourly service charges for repair, including any minimum fee for the repair, as well as any lost rental revenue if applicable. 

1. PROMPT REPORTING – If Customer is aware of any problems, issues, concerns, accidents with any Equipment or notices any vandalism or other damage to the Equipment, Customer is required to report this to Beachway Rentals immediately upon noticing. If applicable for accidents or criminal acts, Customer is required to contact the police upon discovery of such accident or criminal act. 

1. PAYMENT – PAYMENT IS DUE IN ADVANCE – All Payments will be processed by Beachway Rentals. Payments are due in full prior to the start of the rental period. Beachway Rentals treats orders without payment as 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 are not offered free of charge, and Customer understands and acknowledges that changes, upgrades, additions and rental extensions will result in additional rental fees. 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 to legal action in addition to terminating any services with Beachway Rentals. Reversal of payment following a rental will be considered theft of services and reported accordingly. 

1. CREDIT CARD PAYMENT – Beachway Rentals accepts payment via the following methods over the phone: Visa, MasterCard, Discover, American Express. Please have your card number, expiration, CVV, and Billing Zip Code available. 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 terms stated, all extensions will also be charged on the credit card provided with this Agreement. If changes are made to a Quote/Invoice/Order that increases the original total, customer agrees to pay all additional fees associated with changes. 

1. CREDIT CARD ON HOLD – Customer agrees and provides Customer’s credit card to Beachway Rentals to hold for security and understands that the credit card will be held on file through the rental period. Customer will be charged for the rental with the credit card on hold if payment is not made by the terms set upon within the Agreement. Customer understands and agrees that Customer will be charged on this credit card unless otherwise agreed upon in writing for the cost of any Equipment lost, stolen, or damaged. 

1. LOW SPEED VEHICLE FEES – Customer understands and agrees that Beachway Rentals will take a reserve or set aside against Customer’s credit/debit card or take a cash deposit at the time of rental in the amount of $_________. Such reserve or set aside is in addition to the estimated charges for rental. Further, Customer understands that there is a fee of up to $15 for losing the keys to the low speed vehicle. Finally, a reasonable fee not to exceed $150 will be assessed for cleaning of the low speed vehicle if it is returned less clean/in a lesser condition than when rented. 

1. LOW SPEED VEHICLE PRIVILEGE – Rental and operation of a low speed vehicle is a privilege. This privilege may be revoked and the low speed vehicle repossessed by Beachway Rentals without notice by Beachway Rentals in its sole discretion. 

1. LOCATION – Customer agrees not to remove the Equipment from the Drop-Off/Rental Location or others site where the equipment is located prior to the time at which the rental period is to begin and without Beachway Rentals’ express, written consent.

1. RIGHT TO INSPECT – Beachway Rentals shall have the right to inspect the Equipment upon request at any time during normal business hours. 

1. ACCESSORIES – All non-disposable accessories, including but not limited to devices, chargers, boxes, fiber cases, canvas bags, corrugated boxes, manuals, power cords, and any other accessories provided with the Equipment and shall be returned to Beachway Rentals with the Equipment.  Failure to return such accessories shall result in additional charges equal to the replacement cost of any accessories not returned by Customer.

1. WARRANTY / DISCLAIMER – Customer acknowledges and agrees that Beachway Rentals is neither the manufacturer nor an agent of the manufacturer of any of the equipment. 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, its fitness for a particular purpose, its design or condition, or its quality, capacity, or workmanship. Customer rents the equipment as-is. Customer agrees that Beachway Rentals shall not be liable for, and Customer releases Beachway Rentals from, damages from any cause whatsoever relating to the Equipment, its malfunction, inoperability, or the operation of the equipment. Beachway Rentals expressly disclaims, and Customer agrees, 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 any inability to use the equipment for any reason. Nothing in this Paragraph, however, shall preclude Customer from pursuing the remedies set forth below in Paragraph 26 for Equipment Customer believes to be in an unsuitable or unacceptable condition. 

1. INDEMNIFICATION – Customer hereby indemnifies and agrees to defend and hold harmless Beachway Rentals, and any of its members, employees, agents, sponsors, advertisers, or any other person or entity affiliated with Beachway Rentals and Services, LLC, from and against any and all loss, liability and expenses, for property damage or personal injury, including death, arising out of or in connection with the use or operation of any rented Equipment. This clause specifically includes attorney’s fees and expenses.

1. LEGAL FEES, EXPENSES, ETC. – In the event Beachway Rentals is compelled to take legal action against Customer to enforce any of the terms of this Agreement and recover any losses caused by or related to Customer’s rental of the Equipment, Customer agrees that Customer will be responsible for all legal expenses incurred by Beachway Rentals as a result thereof. Customer understands that these legal expenses will be added to any totals owed for damages being recovered by said legal action. 

1. 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 pick up the item and offer a refund equal to the equipment rental and applicable tax. If a customer chooses to retain possession of the Equipment for the Rental period then no refund will be provided. Any objections raised by Customer after the conclusion of the rental period are not subject to refund. 

1. IMPORTANT NOTES: 
   
   1. Beachway Rentals sells out of popular items during Holidays and special events. Beachway Rentals encourages booking early to reserve equipment during these times and makes no guarantee that Equipment will be available.

1. Equipment is rented on a first-come, first-served basis. Orders are NOT reserved until Beachway Rentals has received approval and payment information.

1. Beachway Rentals does not provide specialty designer brands, “professional”, or “institutional” equipment. Customer is encouraged to check with local bicycle shops for professional jogging strollers and similar items. 

1. Beachway Rentals does not guarantee specific makes, models, colors or styles. 

1. Refunds are not provided for any item due to the child’s inability to sleep, eat, or lack of interest.

1. Beachway Rentals reserves the right to refuse service at its sole discretion.

1. DEFAULT – In the event that Customer fails to comply with any of the provisions of the Rental Agreement – Waiver and Release of Liability or these Terms and Conditions, including but not limited to failing to make timely payments or misuse of the Equipment, then (a) customer shall be deemed to be in default hereunder, and Beachway Rentals at its option may declare this Agreement be terminated; (b) Beachway Rentals or its agents may repossess and remove the equipment, and (c) Beachway Rentals may pursue any other remedy it may have against Customer. 

1. LIQUIDATED DAMAGES – If Customer removes any Equipment from the installation location, Customer hereby agrees to pay the full amount of the retail value of such Equipment.

1. PAYMENT ISSUES – In addition to the provisions described above, Customer hereby agrees to pay (a) all bank and other charges resulting from a check of Customer being returned for insufficient or uncollectible funds; (b) all of Beachway Rentals costs of collection from Customer, (c) a late charge of 1.67% per month of any delinquent amount; and (d) any difference between the actual rental provided herein for the term of the Agreement and 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.

Payment Processor

Payment service is provided by Intuit Payments Inc

1. GENERAL – Beachway Rentals shall not be responsible for failure to fulfill its obligations under this Agreement due to causes or circumstances beyond its control, including but not limited to severe weather. In the event of any lability for Beachway Rentals, such liability shall be limited solely to the rental charges of the Equipment. Customer further 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. 

1. COMPLETE AGREEMENT – These Terms and Conditions as well as the Rental Agreement – Waiver and Release of Liability constitute the entire Agreement and understanding between the parties. These Agreements may not be altered, modified, or amended except as in writing and signed by Customer and an authorized official of Beachway Rentals. 

1. GOVERNING LAW AND CHOICE OF VENUE/JURISDICTION – These Terms and Conditions as well as the Rental Agreement – Waiver and Release of Liability shall be governed by and construed under the laws of North Carolina. In the event there is a lawsuit, Customer and Beachway Rentals both explicitly agree that they submit to the jurisdiction of the courts of Brunswick County, North Carolina and any litigation will be filed in said jurisdiction. 

1. SHIPPING AND DELIVERY – Beachway Rentals only offers delivery to Ocean Isle Beach and Sunset Beach and surrounding townships. Items are not available for delivery to areas outside our services location. Upon delivery, the risk of damage and loss for all merchandise ordered from Beachway Rentals passes to Customer. 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. 

1. SALES TAX – Beachway Rentals charges North Carolina sales and use tax. Non-profit and tax exempt parties must provide via emailed a signed copy of a tax exempt certificate. 

1. COUPONS – In the event of a discount 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.

1. STORE HOURS – Business office hours are 9 am to 5 pm (EST) Monday through Friday during the off season and 8 am to 5 pm (EST) Monday through Sunday during the peak rental season – normally Memorial Day to Labor Day. Beachway Rentals’ telephone and email are monitored outside of business hours during peak rental season. 

1. MISCELLANEOUS – Although the information on this website is accessible worldwide, not all products or services discussed on this website are available to all persons or in all geographic locations or jurisdictions. Beachway Rentals reserves the right to limit the provision of its services to any person, geographic area, or jurisdiction that it so desires and to limit the quantities of any products or services that it provides. 

1. PRIOR COMMUNICATIONS – These Terms and Conditions and the Rental Agreement – Waiver and Release of Liability supersede all prior or contemporaneous communications and proposals between Customer and Beachway Rentals. 

1. CONSTRUCTION OF THE AGREEMENT – In the event any provision of the Terms and Conditions or the Rental Agreement – Waiver and Release of Liability is found to be contrary to law, then such provision(s) shall be construed in a manner to closely reflect, to the maximum extent possible, the intention of Beachway Rentals and Customer, with the other provisions remaining in full force and effect. 

1. COPYRIGHT – All content appearing on the Beachway Rentals website is the property of Beachway Rentals and Services, LLC, 5930 Beach Drive SW, Shallotte, NC 28470, Copyright © 2006-2022. All rights served. As a user, you are authorized only to view, copy, print, and distribute documents on this website 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 © 2006-2022 Beachway Rentals and Services, LLC. All Rights reserved.

1. TRADEMARK – All brand, product, service, and process names on this website 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 granted herein. 

I HAVE CAREFULLY READ the above terms and conditions set forth in pages 1 through 8 above. I understand that I am giving up substantial rights by signing this document and I agree to be bound by these terms and condition. I am accepting this responsibility on behalf of myself, my child, and anyone else I let use the equipment. I further state that I am of sound mind and voluntarily sign this waiver.