RENTAL AGREEMENT — CATALOG ORDER
Version CAT-2026-10 · Effective October 10, 2026. Applies to orders placed on or after that date.
0. Who This Agreement Is Between. This Rental Agreement (the "Agreement") is between you (the "Renter," "you") and Toolbnb LLC, a Florida limited liability company ("Toolbnb," "ToolBNB," "we," "us"). The Renter is the person who signs in, completes the identity check on the ToolBNB account and places the order. If you place an order for a business, you confirm that you're authorized to do so, and you and the business are each responsible for everything owed under this Agreement. This Agreement applies to every order you place from the ToolBNB catalog at toolbnb.net. The order details shown at checkout are part of this Agreement: the tools, their daily rates, the rental period, the deposits, the replacement prices, the round-trip shipping, and the amount held on your card. You accept this Agreement by checking the agreement boxes at checkout and placing your order.
Please read all of it. Sections 18, 19 and 20 limit our warranties and our liability. They are in capital letters so they stand out.
1. Who Can Rent. To place an order you must: (a) be at least 18 years old, have reached the age of majority where you live, and be able to make a binding contract; (b) use your own ToolBNB account and give us true, current information; (c) be the cardholder, or be authorized by the cardholder to use the card you provide; and (d) verify your identity before your first catalog order (Section 5). We currently ship only to addresses in the states listed on our Shipping & Returns page (toolbnb.net/policies). If an order's shipping address is anywhere else, we may cancel it and release the hold on your card.
2. Renting, Not Buying. You are renting the tools, not buying them. Toolbnb owns each tool during the rental and keeps ownership unless the tool becomes yours under Section 14. You may not sell, lend, rent out, sublease, pawn or give away a tool, use it as security for a debt, or let anyone else claim an interest in it. If anyone tries to seize or claim a tool, tell us right away.
3. A Hold, Not a Charge. When you place your order, we put a temporary hold (an authorization; on our site we also call it a "freeze") on your card for the deposit for each tool plus the round-trip shipping. The amount is shown at checkout in US dollars. A hold is not a charge, but it reduces your available credit or, on a debit card, the money available in your bank account until we capture or release it. Some banks show a hold as a pending charge. When we release a hold, your bank decides how quickly it disappears, which can take several business days.
4. What You're Charged, and When. After your tools come back and are inspected, we charge what you owe and release the rest of the hold:
(a) Rental fees: each tool's daily rate shown at checkout, for each 24-hour period (or part of one) from when the carrier's tracking shows the tool delivered until the carrier first scans your return package, with a 1-day minimum. If checkout shows a lower rate after day 7, that rate applies from day 8.
(b) Sales tax, where the law requires us to collect it, based on your shipping address. It is shown separately on your receipt.
(c) The round-trip shipping shown at checkout, charged once per order. It is owed once your order ships, even if you return the tools early, except as Section 7(d) provides.
We take what you owe from the hold first. If you owe more than the hold, we charge the difference to your saved card (Section 16). We never take a charge for damage, missing parts or a tool returned beyond repair from the hold. Those are billed separately under Section 13.
Card holds last only a limited time, usually about 29 days and sometimes as little as 7 days, depending on your card. If your order isn't settled about 2 days before the hold expires, which is likely for rentals longer than about 2 weeks, we turn the hold into a charge for the full held amount. That can happen even if your tools haven't shipped yet or are still with you. We email you when we do. After your order is settled, we refund whatever you don't owe. Refunds go to the card you used and usually appear within 5–10 business days. Everything you owe is subject to the limit in Section 15.
5. Identity Check, Order Review and Cancellation.
(a) Identity check. Before your first catalog order you must verify your identity with our provider, Stripe. The check uses a photo of your government ID and a live selfie, which Stripe compares using facial recognition technology. We ask for your separate consent before the check starts. We use your ID check to confirm that the person ordering is you, to decide whether an order needs review before it ships, to prevent fraud and misuse of our tools (including a tool that isn't returned, is returned damaged or is missing from the return box), and, if there's a dispute, to show that you placed the order and accepted your agreement. In a payment dispute we may tell your card issuer that you passed our ID check and when. We don't use it for marketing or routine billing. We share your ID images and details only with Stripe and the companies that host our systems, or when the law requires it, for example under a subpoena or court order. Our Privacy Policy explains what is collected and how long it is kept.
(b) Order review. We may hold an order for a manual review before it ships, for example when your order details don't match your verified identity or your card's billing address. A held order doesn't ship until the review is done.
(c) Availability and errors. A tool can become unavailable between browsing and checkout, and a listing, price or photo can contain an error.
(d) Cancellation by us. We may cancel an order before it ships, for example if a tool becomes unavailable, a listing or price was wrong, or we can't complete a review. If we do, we release the hold (or refund it in full if it was already charged), and you owe nothing.
(e) Cancellation by you. You can cancel an order free of charge before we've ordered your tools from our supplier or shipped them, by contacting us (Section 31). We'll release the hold, or refund it in full if it was already charged. If a tool has already been ordered from our supplier but hasn't shipped, contact us and we'll cancel if the supplier lets us. Once an order has shipped it can't be cancelled; you can return the tools early instead and pay only for the days you had them, plus tax and shipping.
6. Tool Condition and Listings. Tools are rental units. Unless the listing says otherwise, a tool may be new or pre-owned and may show cosmetic wear from earlier rentals. Some tools are bought for your order and shipped to you directly by our supplier, so they may arrive in the supplier's or maker's packaging and take longer to arrive. A tool includes only what its listing says is included. Photos are for illustration and may show a representative unit of the same model. Specifications and compatibility information in a listing are based on the maker's information, can change, and should be checked against your own needs before you order.
7. Delivery, Inspection on Arrival, and Problems With a Tool.
(a) Delivery dates are estimates. Your rental starts when the carrier's tracking shows your package delivered to your shipping address.
(b) If a package shows as delivered but you didn't receive it, tell us within 48 hours of the delivery notice. We'll look into it with the carrier before charging you anything for the missing tools, and we may ask you to file a police report.
(c) Check each tool when it arrives, before you use it. If a tool arrives damaged, doesn't work, is missing parts, or isn't the tool you ordered, don't use it. Tell us within 48 hours of delivery, with photos if you can.
(d) If you tell us in time, send that tool back with your prepaid return label and you won't pay rental fees for it. If it was the only tool in your order, we'll also refund the round-trip shipping. This is your only remedy for a tool that arrives in that condition, except where the law gives you more.
(e) If you don't tell us within 48 hours, we'll treat the tool as having arrived complete and working, except for a problem you couldn't reasonably have noticed by checking it. If a tool stops working during your rental, stop using it and contact us.
8. Rental Period and Return-By Date. Your order has one rental period: the number of days shown at checkout, which is the shortest rental period of the tools in your order. It starts when the carrier's tracking shows your package delivered. Your return-by date and time appear in your order details once delivery is confirmed. A tool counts as returned when the carrier first scans your return package (when tracking shows it in transit), not when it reaches us. A package left in a drop box, or at a location that hasn't scanned it yet, isn't returned until it's scanned. If you return late, rental fees keep adding up for each day until that scan, and Section 14 may apply.
9. Using the Tools: Who, How and Where.
(a) Who. Only you, or another adult you personally supervise and have told about these rules, may use the tools. You're responsible for anyone you let use them. Never let a minor use a tool.
(b) How. Before using a tool, read and follow the maker's manual, instructions and safety warnings, and wear the protective equipment they call for. Use each tool only for the job it's designed for, only if you know how to use it safely, and only with the power source, fuel, batteries, bits and accessories the maker specifies. Don't use a tool while impaired by alcohol, drugs or medication. If a tool seems damaged, overheats or doesn't work right, stop using it and contact us.
(c) What you may not do. Don't open, modify, repair or service a tool, remove its labels or serial numbers, or use it in a way the maker warns against. Don't use it for anything illegal, or on property where you don't have permission to work. Get any permit, license or certification your job requires; renting a tool doesn't give you one.
(d) Where. You may use the tools anywhere in the United States, but don't take them outside it. Store them somewhere secure and dry, out of reach of children, and never leave a tool unattended in an unlocked vehicle or on an open job site.
10. Diagnostic Scanners and Data on Devices.
(a) A scan tool shows what an engine's or vehicle's computer reports. It doesn't replace an inspection by a qualified technician. Whether a tool connects to and fully supports your engine depends on the exact engine, its control module and wiring, and the software on the tool. We don't guarantee it will work with yours, so check the maker's coverage list before you order.
(b) Active tests, service resets and clearing codes change how an engine runs or what it reports. Use them only as the engine maker's service manual directs. If a test runs the engine, make sure it has cooling water and keep everyone clear of the propeller and other moving parts. Clearing a code erases the record of a fault, not the fault. Repair, purchase and safety decisions you make based on a reading are yours.
(c) Don't register, update, unlock or factory-reset a device. Some devices store data such as vehicle or vessel details and scan history; delete your data before you return the device. We may erase devices between rentals, but we aren't responsible for data you leave on them.
11. Your Responsibility for Loss, Theft and Damage. Subject to Section 7(b), from the time the carrier's tracking shows a tool delivered until the carrier first scans your return package, you are responsible for loss of, theft of, and damage to that tool, whatever the cause and even if it isn't your fault, except normal wear and tear and problems the tool had when it arrived. If a tool is lost or stolen, tell us right away. For theft, file a police report and send us a copy. A lost or stolen tool is handled under Section 14. Once the carrier has scanned your return package, we take the risk of loss or damage in transit, as long as you packed the tools as Section 12 requires.
12. Returning the Tools. Your prepaid return label is on your order page ("Download Return Label"); it may not be in the box. Use only that label, with the carrier named on it. Pack each tool with all its batteries, chargers, accessories, cases and manuals, in the box it came in or in packaging that protects it at least as well. Take out anything of yours, such as batteries, bits, blades, belts or pins. Never put fuel cells, fuel or other hazardous materials in the return box. Hand the package to the carrier by your return-by date and time and keep your drop-off receipt. Damage caused by poor packing counts as damage under Section 13.
13. Return Condition, Damage, Missing Parts and Tools Beyond Repair.
(a) Return each tool in the condition you received it, except normal wear and tear. We inspect every returned tool.
(b) Billed separately, never taken from the hold. If inspection finds damage beyond normal wear and tear, or missing parts or accessories, we email you within 10 business days after your return reaches us. The email includes photos, why you are responsible, and the actual cost to repair the tool or to replace the damaged or missing parts, based on a repair estimate or parts price.
(c) You then have 10 business days to reply, including with your own written repair estimate, and we will take it into account. The amount is due on a date at least 14 days after that reply window ends. You can pay through a secure payment link we send you, or another way we accept. Paying with the card you used for this order is optional and is not the default; we charge your saved card for these amounts only if you ask us to in writing after receiving our email.
(d) Tools beyond repair. A tool counts as damaged beyond repair only if a repair would cost more than its replacement price shown at checkout, or the maker or a qualified repair shop says it can't be safely repaired. We'll send you that estimate or statement with the photos. A tool damaged beyond repair is billed, the same way as in (b) and (c), at its replacement price shown at checkout plus sales tax on it, instead of rental fees for that tool (we credit any rental fee already charged for it). If you show us that it can be repaired, we bill the repair instead. Once it's paid in full, the tool is yours, and we'll ship it to you if you ask within 30 days.
(e) A tool missing from your return package. If a tool is missing from your return package at inspection, it is billed the same way as a tool beyond repair in (d), unless the package shows signs of damage or tampering in transit or the carrier confirms a loss, in which case Section 11 applies and you owe nothing for it. If you send the tool back and the carrier scans it before the bill is paid, or within 14 days after it is paid, we settle it as a late return under Section 14(d).
(f) Every amount under this Section is subject to the limit in Section 15. Your promise to pay in Section 17(a) covers these amounts, and if one isn't paid by its due date, Section 17(d) applies.
14. Non-Return: Buying the Tool.
(a) If the carrier has not scanned a tool's return package by the return-by date and time shown in your order details, we may treat the tool as not returned. A tool that is lost or stolen while you are responsible for it (Section 11) is treated the same way. You then buy the tool: we charge its replacement price, shown at checkout and in your order details and fixed for your order, plus sales tax on that amount, with no rental fees on top. Round-trip shipping is charged once per order (Section 4(c)). We take this from the hold first (or from the amount already charged under Section 4, if the hold was turned into a charge) and charge any difference to your saved card (Section 16).
(b) The replacement price. The replacement price is the agreed price, shown on the tool's page and accepted at checkout, for keeping the tool. It is fixed when you order.
(c) When the tool becomes yours. A tool that was not returned becomes your property once its replacement price has been paid in full and 14 days have passed without a carrier scan of its return package. A payment that is later reversed, for example through a dispute with your bank, does not count as paid. Until then the tool is still ours: you must return it if we ask, and you remain responsible for it even if someone else has it. We will never enter your home or property to take a tool back; we will ask you, or go through a court.
(d) Late return. If the carrier scans the tool's return package before its replacement price is paid in full, or within 14 days after it is paid in full (we'll send you a return label if you ask), we settle it as a late return instead. You then owe rental fees for the days you had it, sales tax and round-trip shipping, plus any damage billed under Section 13, all subject to Section 15, and we refund anything you paid above that.
(e) A TOOL THAT BECOMES YOURS IS SOLD "AS IS" AND "WITH ALL FAULTS," IN ITS CONDITION AT THAT TIME, WITHOUT ANY WARRANTY FROM TOOLBNB, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT THE LAW ALLOWS.
(f) Amounts that remain unpaid are covered by Section 17.
15. Never More Than Keeping. You'll never pay more than the replacement price shown, plus tax and shipping. That means: however long you keep the tools and whatever their condition, the total you owe for an order (rental fees, sales tax, shipping, repairs and missing parts, and replacement prices under Sections 13 and 14) will never be more than the replacement prices of the order's tools shown at checkout, plus sales tax on those prices and the order's round-trip shipping. Paying late doesn't change this: no one may add late fees, interest, collection fees or attorney's fees to what you owe, including anyone collecting for us or anyone we transfer a balance to, and we won't ask a court to add interest or collect interest on a court judgment. Only two things are outside this limit: (a) court costs, such as a filing fee, that a court orders you to pay if an unpaid balance ever goes to court, and (b) what you owe under Section 21 if someone else makes a claim against us.
16. Your Saved Card.
(a) By placing your order, you let Toolbnb LLC (Miami Beach, Florida) save the card you use, shown at checkout by brand and last four digits (including a new number or expiry date your bank issues for the same card), with our payment processor, Stripe. We never see or store your full card number. You confirm that the card is yours, or that its owner has allowed you to use it for this order; either way, you are the one who owes the amounts under this Agreement.
(b) For this order, you authorize us, without asking you again, to capture all or part of the hold and to charge the saved card in US dollars, only: (1) when your order is settled after the tools come back, for rental fees, sales tax and shipping (Section 4); (2) when the hold would expire before settlement (Section 4); (3) when a tool is not returned (Section 14); and (4) to try again, as Section 17(b) allows, for one of those amounts after a declined charge. Each amount is limited by Section 15. We don't charge the saved card for repairs, missing parts, a tool beyond repair or a tool missing from the return package unless you ask us to in writing (Section 13), and we never charge it for court costs or for claims under Section 21.
(c) We email you a receipt each time we capture the hold or charge the saved card. Charges appear on your card statement as TOOLBNB.
(d) We'll offer the saved card at your future checkouts, but we'll never charge it for a new order unless you place that order. Changes to these card terms apply only to orders placed after you see them at checkout.
(e) You can ask us to remove your saved card at any time. Removing it doesn't release an amount already held on it: we still settle your order from that hold, or charge it early, as this Agreement describes. Apart from that, we make no new charges to a removed card, and you pay anything else you owe another way (Section 17).
(f) This authorization ends when everything owed on this order is settled. Cancelling before shipment is covered by Section 5(e).
(g) Nothing in this Agreement limits your right to dispute a charge with your card issuer.
17. If a Payment Fails, Unpaid Balances and Disputes. We never add late fees, interest or collection fees.
(a) Your promise to pay. You promise to pay everything you owe under this Agreement (the amounts in Sections 4, 13 and 14, up to the limit in Section 15), even if your card can't be charged. You still owe it if the hold falls short, the hold on your card expires or is released, your card is declined, expired, cancelled, replaced or removed, or a payment is reversed. This promise continues after your rental ends.
(b) If a charge doesn't go through. We'll email you the amount, what it's for, and a due date at least 14 days after that email. You can pay through a secure payment link we send you, by bank transfer, or another way we accept. A payment link always opens a Stripe payment page; we'll never ask for your card number by email, text or phone. We may also try your saved card again a limited number of times, but never after your bank or card network tells us not to, never while a payment link we sent you for that amount is open, and never for an amount you've paid another way. If a retry goes through, we'll email you a receipt. If it is declined, we'll email you again, and you'll always have at least 7 days after that email to pay. If you need more time, tell us before the due date. We may agree to a later date or to up to four payments, with nothing added. Before the first payment, we'll email you the amount and date of each one for you to confirm in writing. You make each payment yourself, through a payment link or by bank transfer; we never charge your saved card for part of an amount.
(c) Questions and disputes about charges. If you think a charge or balance is wrong, tell us why; it's usually the fastest way to fix it. We'll review the inspection, the carrier tracking and the charges together with what you send, reply by email, and correct and refund any mistake. If you tell us in writing (email is fine) within 30 days after our first email about an amount that you dispute it, we'll stop collecting the disputed part and mail you verification (your accepted Agreement, the inspection record, the carrier tracking and the charges) before taking any further step. While a review is open, we won't try your card again for the disputed amount or refer it to an agency or a court. Nothing in this Agreement limits your right to dispute a charge with your bank or card issuer. To respond to such a dispute, we may give Stripe and your card issuer the records of your order, including this Agreement and your acceptance of it, but not the results of your identity check. If a charge for an amount you owe is reversed that way, you still owe it, and Section 14 applies to any tool that isn't yours yet. We'll email you the amount, what it's for, and a due date at least 14 days after that email. We won't charge that amount to any card again: you can pay it by bank transfer or another non-card way we accept, or, if you agree the charge was right, ask your bank to withdraw the dispute.
(d) If a balance stays unpaid. Before we refer an unpaid amount to a collection agency or file a claim for it in court, we'll email you a final notice, and may also mail it to your delivery address. We send it only after the due date has passed, and while the amount is not under review under (c). It gives you at least 7 more days to pay and, if a tool isn't yours yet under Section 14, asks you to return it. If the amount is still unpaid after that, and at least 30 days after our first email about it, we may refer it to a collection agency that is licensed or registered where the law requires, or file a claim for it in court, usually small claims court (Section 26). We may also transfer our right to collect it to another company; if we do, you'll be told in writing about the transfer as soon as practical, and at least 30 days before that company takes any action to collect. Any agency or company we use must follow Sections 15, 17 and 23 and federal and state debt-collection laws, may collect only the unpaid balance and any court costs a court orders, and may not report the balance to a credit bureau. Once a balance is referred, transferred or written off, we stop charging any card for it. To collect, we may share your name, contact details, delivery address, and order and payment records with that agency or company, a lawyer or a court, but not the results of your identity check unless the law requires it. If you have told us you dispute an amount, we'll tell anyone we share it with that you dispute it.
18. NO WARRANTIES. EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, THE TOOLS ARE RENTED "AS IS" AND "WITH ALL FAULTS." TO THE FULLEST EXTENT THE LAW ALLOWS, TOOLBNB MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT ANY TOOL WILL BE FIT FOR A PARTICULAR PURPOSE, WORK WITH YOUR EQUIPMENT, OR BE RIGHT OR SAFE FOR YOUR JOB. You chose the tools. Any information or answers we give you, including in chat, are general information, not a promise. Your remedies for a tool that arrives damaged or not working are in Section 7. Any manufacturer's warranty is the manufacturer's, not ours.
19. ASSUMPTION OF RISK AND RELEASE. POWER TOOLS, GAS-ACTUATED TOOLS AND DIAGNOSTIC EQUIPMENT CAN CAUSE SERIOUS INJURY, DEATH, AND DAMAGE TO PROPERTY, ENGINES, VESSELS AND VEHICLES. YOU UNDERSTAND THESE RISKS AND CHOOSE TO TAKE THEM. YOU ARE RESPONSIBLE FOR DECIDING WHETHER A TOOL IS RIGHT FOR YOUR JOB AND FOR USING IT SAFELY.
TO THE FULLEST EXTENT THE LAW ALLOWS, YOU RELEASE TOOLBNB LLC AND ITS MEMBERS, MANAGERS AND EMPLOYEES FROM ALL CLAIMS FOR DAMAGE TO PROPERTY (INCLUDING ENGINES, VESSELS, VEHICLES, WORKPIECES AND BUILDINGS) ARISING FROM THE USE OF THE TOOLS BY YOU OR ANYONE YOU ALLOW TO USE THEM, INCLUDING CLAIMS BASED ON TOOLBNB'S OWN ORDINARY NEGLIGENCE OR ON A DEFECT IN THE TOOL. THIS MEANS YOU GIVE UP THE RIGHT TO SUE US FOR THAT PROPERTY DAMAGE, EVEN IF OUR CARELESSNESS CAUSED IT. THIS RELEASE DOESN'T COVER PERSONAL INJURY OR DEATH, TOOLBNB'S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT, OR ANY CLAIM THE LAW DOESN'T ALLOW TO BE RELEASED.
20. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT THE LAW ALLOWS: (A) TOOLBNB IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, SUCH AS LOST PROFITS, LOST WAGES, PROJECT DELAYS, OR THE COST OF RENTING OR BUYING ANOTHER TOOL; AND (B) TOOLBNB'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO AN ORDER IS LIMITED TO THE GREATER OF (1) THE AMOUNT YOU PAID US FOR THAT ORDER OR (2) $250. THESE LIMITS DON'T APPLY TO CLAIMS FOR PERSONAL INJURY OR DEATH, TO TOOLBNB'S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT, OR WHERE THE LAW DOESN'T ALLOW THEM.
21. Claims by Others. If someone else makes a claim against Toolbnb because of how you, or anyone you let use the tools, used, stored or transported them, or because you broke the law, you will reimburse Toolbnb for its resulting losses and reasonable costs, including reasonable attorney's fees, and cooperate in defending the claim. This doesn't apply to the extent the claim was caused by Toolbnb's own negligence or misconduct. This section covers only claims by other people. It doesn't cover rental fees, damage, the replacement price or other amounts under Sections 4, 13 and 14 (those are limited by Section 15), and it doesn't make either of us pay the other's attorney's fees in a disagreement between you and us.
22. Electronic Agreement, Signatures and Records. You agree to do business with us electronically. Checking the agreement boxes and placing your order is your electronic signature on this Agreement and has the same effect as signing it on paper. You confirm that the name you give at checkout is your full legal name. We'll give you this Agreement, receipts and notices about your order electronically, by email to the address on your ToolBNB account or on your order page. Keep that email address current. Your order confirmation email includes a permanent link to the exact version you accepted, which you can save or print; we keep it for at least seven years after your order. The current version is always at toolbnb.net/terms/rental, and we'll email you a copy on request.
23. How We Contact You. We send notices about your order, charges and any amount owed to the email address on your account or order, and written notices to your delivery address. We may also call or text you about your order, delivery, returns or an amount owed, at the phone number you gave at checkout, never for marketing and never between 9 p.m. and 8 a.m. your local time. Message and data rates may apply. Reply STOP, tell us on a call, email us, or tell us in any other reasonable way, and we'll stop calling and texting within 10 business days and use only email and mail. Please keep your email, phone number and address up to date until your orders are settled.
24. Privacy. Our Privacy Policy at toolbnb.net/privacy explains how we collect, use, share and keep your information, including information from identity verification, your card's billing-address check, your shipping details and messages you send us. From your identity check we store only your verified name and address; your ID images, ID number and date of birth stay with Stripe. We use your ID check to confirm that the person ordering is you, to decide whether an order needs review before it ships, to prevent fraud and misuse of our tools (including a tool that isn't returned, is returned damaged or is missing from the return box), and, if there's a dispute, to show that you placed the order and accepted your agreement. In a payment dispute we may tell your card issuer that you passed our ID check and when. We don't use it for marketing or routine billing. We share your ID images and details only with Stripe and the companies that host our systems, or when the law requires it, for example under a subpoena or court order. To deliver your order, we share your name, address and phone number with shipping carriers and, for tools shipped directly by a supplier, with that supplier.
25. Governing Law. Florida law governs this Agreement and any dispute about it or your rental, without regard to conflict-of-law rules. However, if you rent for personal, family or household use and live outside Florida, the law of the state where you live governs your rental to the extent Florida Statutes section 680.1061 requires. Federal law governs where it applies.
26. Resolving Disputes.
(a) Contact us first. If you have a problem, contact us (Section 31) and tell us what happened and what you'd like us to do. Most issues can be fixed quickly. Neither of us will start a lawsuit until 30 days after the other has received written notice of the dispute, unless a legal deadline would be missed or urgent relief is needed.
(b) Where. If you rent for personal, family or household use, either of us may bring a lawsuit in a court that has jurisdiction where you live or in Miami-Dade County, Florida, and we will sue you only in a court that has jurisdiction over you. If you rent for business use, any lawsuit must be brought in the state courts located in Miami-Dade County, Florida, or the U.S. District Court for the Southern District of Florida, and you and we consent to those courts.
(c) Small claims. Either of us may instead bring an individual claim in a small claims court that has jurisdiction, if the claim qualifies.
(d) Card disputes. Nothing in this Agreement limits your right to dispute a charge with your card issuer.
27. Delays Beyond Our Control. We aren't responsible for delays or failures to perform caused by events beyond our reasonable control, such as carrier delays or losses, supplier shortages, hurricanes and other severe weather, natural disasters, government orders, or internet, power or payment-system outages. If one of these keeps us from delivering your order, we may cancel it under Section 5(d). This section doesn't excuse either of us from paying money owed. If a declared emergency or a carrier shutdown keeps you from returning a tool on time, contact us before your return-by date and we'll work with you in good faith.
28. Changes to This Agreement. We may update this Agreement from time to time. Each version shows its version number and effective date. The version you accepted when you placed an order applies to that order. A new version applies only to orders placed after it's posted, and you'll see it at checkout.
29. Entire Agreement and Order of Precedence. This Agreement, including the order details and the card authorization shown at checkout, is the entire agreement between you and Toolbnb about your order and replaces anything else said or written about it. Our Website Terms of Use govern your use of toolbnb.net and your account, and our Privacy Policy governs your information. If either conflicts with this Agreement about your order, this Agreement controls. If a specific amount or period in the order details (such as a rate, deposit, replacement price or rental period) differs from a general statement in this Agreement, the order details control.
30. General Terms.
(a) Severability. If a court finds any part of this Agreement unenforceable, that part is enforced as far as the law allows, and the rest stays in effect, including the limit in Section 15 and your promise to pay in Section 17(a).
(b) No waiver. If we don't enforce a term right away, we haven't given up the right to enforce it later.
(c) Assignment. You may not transfer this Agreement, your rental or any tool to anyone else. We may transfer this Agreement to a business that takes over ours, or to a company we control or that controls us, and we may transfer the right to collect an unpaid balance as Section 17(d) describes.
(d) Survival. Sections 4 and 11 through 32, Section 16 until everything owed under this Agreement is paid, and anything else that by its nature should continue, survive the end of your rental.
(e) Interpretation. Headings are for convenience. "Including" means "including, without limitation."
(f) No third-party rights. Only you and Toolbnb have rights under this Agreement, except that the people named in Section 19 may rely on that section.
(g) New Jersey residents. If you live in New Jersey and rent for personal, family or household use, the release in Section 19 (but not the assumption of risk) and Section 20(B) do not apply to you.
(h) Reporting windows. The reporting and review windows in this Agreement don't shorten the time either of us has to bring a legal claim.
31. Notices and Contact. Send notices and questions to Toolbnb LLC, 429 Lenox Ave, Miami Beach, FL 33139, United States, or email info@toolbnb.net, phone (305) 239-7671. Notices to you go to the email address on your ToolBNB account. An email notice counts as given when sent, unless the sender learns it wasn't delivered.
32. Florida Addendum: Section 812.155 Notice. You may keep and use the tools anywhere in the United States during the rental. Florida law (section 812.155, Florida Statutes) calls for the following statement in the rental agreement, initialed by the renter. It matters only if a tool is not returned and not paid for.
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
Renter's initials: ______ (typed at checkout)