This is a suite of optional merchant services including selling of consumer products and services on the website www.zukazo.com and mobile application ____________ (hereinafter referred to as "Platform") owned, controlled and managed by HBN Network Pvt. Ltd., (hereinafter referred to as "Zukazo") and having its registered address at Plot No A-168road no. 25, M.I.D.C, Wagle Industrial Estate, Thane 400 604, Maharashtra
The parties to this agreement are the lessor and the lessee where Zukazo's vendor is the Lessor (hereinafter referred to as "Lessor") & the customer is the Lessee (hereinafter referred to as "Lessee"). Lessor and Lessee are hereinafter individually referred to as "Party" and collectively referred to as "Parties"The terms of the rental agreement are as follows:
The conditions of out here are stated below, together with the agreement as set forth on the reverse side of this sheet, constitute a contract between the parties therein named which contract is hereinafter referred to as "this Agreement". The Parties to this Agreement are the Lessor and the Lessee, where the Lessor will lend the services of products as mentioned in the order details on monthly rental basis. The customer accepting the services of Lessor for providing product on monthly rental basis is the Lessee. The terms of the rental agreement are as follows:
This Agreement shall commence on the date the products (more fully set out in the Schedule ("Products)") are delivered to the Lessee and remain in full force and effect until the fixed period [equivalent to the tenure of the contract that is agreed by the Lessee while booking the Product(s)] expires and the Products is returned to Lessor, unless terminated earlier or extended pursuant to the tenure policy.
2. FLEXI TENURE POLICY
to Lessee, an option to opt for flexible tenure ("Flexi Tenure") for early closure and/or extension of the term of this Agreement. At the time of placement of order or before 2 (two) weeks prior to the commencement of service or whichever is earlier the Lessor provides to Lessee with different monthly rental rates depending on the tenure of this Agreement. In the event of early closure, the difference in monthly rental amount shall be calculated as per the monthly rental rates as stated in Agreement tenure (the tenure selected at order placement) and Actual tenure served (effective tenure at early closure) will have to be paid.
For extension of the term beyond the Agreement tenure by the Lessee, the monthly rate applicable at the time of extension shall be followed for of for the extension period. Any extension or early closure shall be done only through the Platform of Lessor and such extension or early closure shall be deemed to be pursuant to this Agreement. the right to revise the rental rates any time at its sole discretion.
3. PAYMENT POLICY
The invoice shall be raised by Lessor on the 1st day of every month and the due date for payment shall be the 10th day of the month ("Due Date"). Lessee shall pay the rental charge as per the invoice raised and mailed to the Lessee's registered e-mail address. Payment made beyond the Due Date shall incur a late fee. Late fees shall be levied on the rental due amount only. The late fees shall be applied three times each month; 10% on the 11th day of the month, another 5% on the 18th day of the month and another 5% on of the month, the late fees shall be applied only the pending amount. In case the Products are delivered any time during the month, the first month shall be calculated on a pro-rata basis from the date of delivery until the last day of the first month.
The Lessee shall make all payments to Lessor only as per the online payment details provided by the Lessor only. not be liable for any payment made to any broker/third party by the Lessee. the right to share information with credit rating agencies pursuant to Clause 15 of this Agreement. The Lessee hereby agrees that non- payment of rental dues, late fees, asset value leased and any other non-payment, may affect the credit rating of the Lessee and Lessor shall not be liable for any claim from the Lessee for sharing such information with credit rating agencies.
4. SECURITY DEPOSIT
In addition to the monthly the Lessee shall pay a refundable security deposit as per the category of product ordered by the Lessee ("Security Deposit"). The Security Deposit shall not carry any interest for the entire tenure. The Security Deposit shall be refunded to the Lessee on the termination and after taking delivery of all the Products from the possession of the Lessee. Once the final quality check is performed on all the Products, and in case no damage is found, the Security Deposit shall be refunded within 15-21 working days to the Lessee. refund the Security Deposit to the account from which initial the Security Deposit was paid by the Lessee, in case the Lessee wishes to get the refund to any other account, the Lessee shall provide the details of the account to Lessor via from the registered address of the Lessee and/or upload the account details on the dashboard available on the Platform of Lessor, prior to the pickup of the Products. The same account details shall be confirmed at the time of the reverse pick up of the Products.
In case any damage is found in any Product during the term of the Agreement, Lessor shall have the right to deduct the charges for such damage to the product and the same should be deducted from the Security Deposit paid by the Lessee and shall refund the remaining amount to the Lessee. In case of default in the payment of monthly rentals (including late fee), Lessor shall have the right to deduct such rental dues from the Security Deposit and may at its sole discretion refund or forfeit the remaining balance of the Security Deposit. The Security Deposit shall not include any monthly rental. The Lessee cannot request for the monthly invoice dues to be adjusted from the Security Deposit. Further, Lessor shall have all the right cancel this Agreement due to Lessee's default in making payment including repossessing rented Products from Lessee without notice. In of any non deliverance of the Product by the Lessee, the Lessor shall claim the damage and arrears of rent of products till the same is delivered to Lessor by Lessee.
5. ORDER CONFIRMATION
On receipt of the order and the Security Deposit, Lessor shall confirm the order with the Lessee by sending a confirmation to the registered address of the Lessee. In the event, any product selected by the Lessee is unavailable, Lessor shall inform the same to the Lessee. the right to replace any product selected by the Lessee in the event of unavailability. The Lessee shall be provided with an option to either accept or deny such substitution at the time of confirming the order. Mere payment of the Security Deposit shall not be considered as the valid contract. In the event, the Lessee does not accept the substitute Product, Lessor shall refund the Security Deposit paid by the Lessee as per Clause 4 of this Agreement.
The order raised by the Lessee shall be processed subject to successful verification of the KYC and serviceability of the Lessee's location as per Lessor Policy. In case the KYC verification is not successful, or the location is not serviceable by Lessor, Lessor reserves the right to reject the Lessee's order any time prior to delivery, at its sole discretion without assigning any reason even after successful KYC or serviceability of the location. In the event the order is rejected by Lessor, the Security Deposit paid by the Lessee shall be refunded to the Lessee as per Clause 4 of this Agreement.
6. DELIVERY POLICY
On confirmation of the order by the Lessee, Lessor shall deliver the Products to the location specified by the Lessee. The cost of the delivery shall be borne by the Lessee as informed in advance by Lessor. The Lessee shall be present at the location at the time of delivery agreed between Lessor and the Lessee. In case the Lessee is unavailable at the time of delivery the Lessee shall appoint a representative (give an authorization letter) for taking delivery of the Products and the same shall be communicated to Lessor prior to the delivery. The representative shall provide a copy of his/her ID proof and authorization letter from the Lessee to the delivery personnel assigned by Lessor. In case the Lessee is not present or has not assigned a representative for taking delivery, at the location and a second delivery attempt is required, Lessor shall charge an extra delivery cost to the Lessee.
inspect the quality and ensure that the Products are working and in usable condition before the delivery of the Products to the Lessee. The Lessee or its appointed representative shall inspect the Products for any damage and quality during the time of delivery. In case any Product is damaged during transit or unfit for use, Lessor shall replace the same at its own cost and in case a replacement is not required, such damage shall be noted the delivery receipt and a photo of the same shall be taken for record. In case any claim of damage is brought against the Product after the acceptance of delivery by the Lessee, Lessor shall not be responsible towards replacing the Product and shall levy a damage to be ascertained as per the damage policy below.
The Lessee shall ensure the entry of delivery vehicle inside the premises where the delivery location is situated and ensure that prior permission is obtained for the use the building, for delivery of the Products to the location.
7. DAMAGE POLICY
The Lessee hereby agrees that any damage caused to the Product or theft (including disappearance) or loss, Lessee shall only be liable towards repair and replacement cost of the Product. In the event, the Product is stolen or damaged beyond repair, the Lessee shall be liable to pay Lessor the pre agreed market price of the Product. Minor scratches and chipping (depending on size) to fitness and beauty products shall be considered as normal wear and tear. The extent of damage will be ascertained by comparing against the quality control document signed by the Lessee and the photographs taken on delivery and return pickup day.
ascertain the extent of the damage and applicable penalty for such damage on the receipt of the Products from the Lessee. In the event, it is found that in any Product, any substandard parts are used, or repair carried out by any person not authorized by then a penalty may be levied as per the policy of Lessor. Any removal, alteration, disfiguring or cover up any numbers, lettering, or insignia displayed on any Product shall be considered as damage to the Product and shall be chargeable against the Lessee. A damage claim report shall be sent to the Lessee's registered e-mail address.
A quality check report stating the a clearance sheet will be created and a copy of the same will be provided to the Lessee immediately.
8. DAMAGE WAIVER
Lessor offers a damage waiver benefit to its Lessees, who complete a minimum term of 3-12 months: Rs. 250, 13-24 months: Rs. 500 and 25-36 months: Rs. 1000 respectively. The damage waiver benefit provided is subject to timely payment of all dues within the Due Date by the Lessee.
9. MAINTENANCE POLICY
Lessee shall ensure that products are properly maintained by the Lessee at his/her place and shall ensure that they are not damaged
10. SWAP OPTION
to Lessee an option to swap the Products taken on rental basis on the following terms and conditions:
eligible for swapping of Product after completion of of 12 (twelve) continuous tenure;
(Swap option will be valid only on Products of equal or of higher value of the current Product used by the Lessee;
(Time taken for swapping of the Product shall be 7 (seven) days from the receipt of the request by Lessee. Subject to the availability of the new Product requested by the Lessee; and
(Swapping option shall be available only for the Products of the same category only.
(i) In the event, the Lessee does not wish to extend the rental period beyond this Agreement date, the Agreement shall terminate of the rental term. Notwithstanding anything contained herein, Lessor reserves the right to immediately terminate this Agreement without assigning any reasons, under the following conditions:
a.default of payment of rental dues or any other payment dues by the Lessee;
any of the terms of this Agreement.
(ii) Consequences of termination:
(a) Lessor shall have the right to take possession of the Products delivered to the Lessee immediately;
(b) Any payment pending from the Lessee shall become payable immediately to Lessor.
(c) The Security Deposit paid by the Lessee shall be refunded to the Lessee post the damage assessment of the Products, as per clause 4 of this Agreement.
(d) In case of termination due to non-payment of rental the Security Deposit refund shall be determined subject to clause 4 of this Agreement.
The Lessee shall indemnify, defend and hold Lessor and its agents harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys' fees and costs) for any Product damage or personal injury arising from the Lessee's use of the Product by any cause, except to the extent such is caused by negligence or willful misconduct of Lessor. The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall Lessor be liable for any direct, indirect, special or consequential loss or damage arising out of Lessee's use of the Products.
the right to inspect the Product delivered to the Lessee during the term of this Agreement. provide reasonable prior intimation to the Lessee regarding the visit for inspection of its representative to avoid any inconvenience to the Lessee. The Lessee shall ensure that the representative of is provided with proper access to all the Products/premises for inspection.
In case the Lessee wishes to relocate or remove the Product(s) from the registered address, a request shall be made to Lessor 2 (two) weeks prior to the date the Lessee wishes to relocate the Product along with the address proof of the new address. Once the request is raised, Lessor shall remove or relocate the Product through its personnel only as per the mutually decided date with the Lessee. intimate Lessee cost of relocating the product to the new address, Lessee shall bear the same. Relocation shall be subject to successful verification of the KYC of the Lessee's new address and serviceability of the new location. In the event, the location is not serviceable by Lessor, the same shall be treated as early closure of this Agreement as per the Flexi Tenure Policy and the rental dues shall be payable as per the Flexi Tenure Policy.
15. OWNERSHIP OF PRODUCTS
at all times during the term of this Agreement, retain title to and/or be the beneficial owners of the Products delivered to the Lessee, pursuant to this Agreement. Nothing in this Agreement shall be construed as a transfer of ownership of the Products to the Lessee. The Lessee shall give immediate notice to Lessor if any of the Product is about to become liable or is threatened with seizure and the Lessee shall indemnify Lessor against all loss and damage caused by such against its Products.
intimate Lessee the approximate value of the Product rented out to the Lessee by way of delivery note of articles for the purpose of calculation of security deposit, rent and recovery of cost in case of damage to the product from the hands of Lessee.
16. FORCE MAJEURE
Either Party shall not be liable for any losses caused by its inability or delay in providing all or any arrangement or fulfilling any of the its obligations hereunder, either wholly or in part, caused by or in connection with any force events including, but not limited to riot, disturbance war, civil strife, technical fault beyond the control of the Party, flood, fire, earthquake, act of God, act of any government, or other circumstances or events whatsoever beyond the control of the Party. Each Party shall promptly inform the other of the existence of a force majeure event and in case such force majeure event continues beyond a period of thirty days, such Party shall not be obliged to provide any service or facility or perform any of its obligations hereunder during the period such force majeure event continues and shall endeavor to find solution thereto by mutual discussions.
The Lessee shall not sublet, assign or transfer any interest in this Agreement or the Products without the written consent of Lessor. Any such transfer or assignment shall be considered as illegal and hence a violation of the terms of this Agreement. the right to assign this Agreement, to any third party (including credit rating agencies, factoring agents and NBFC) without prior notice to the Lessee.
18. LIMITATION OF LIABILITY
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT LESSOR'S TOTAL LIABILITY TO LESSEE SHALL NOT EXCEED THE TOTAL AMOUNT OF 1 (ONE) MONTH RENT.
the right to amend or modify the Agreement from time to time. The said amendment or modifications made in the Agreement shall be notified on the Platform of Zukazo. It is the Lessee's responsibility to adhere to such and modifications.
20. ENTIRE AGREEMENT
In case any clause or provision in this Agreement shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
the right to cancel the orders completely or partially without prior information & in such scenarios the complete deposit amount paid will be refunded within 7 working days.
Any current/future orders placed by the Lessee have no connection with any of his/her previous orders.
23. ARBITRATION CLAUSE
In case of any dispute between the Lessor and the Lessee on the above subject matter, the same shall be resolved under the Arbitration and Conciliation Act, 1996 at Lessor's office Thane under the provisions of law and the decision of the arbitrator of Lessor shall be final and binding upon both the parties. The jurisdiction of the court shall be at Thane district.
Additional Documents: If you have any issues with the mandatory documents, our Lessee support team may ask you for these.
NOC from Landlord
Landlord name & contact no.
Extras: We might need these if you've placed a large/bulk order.
Student ID Card / PAN card
Note: While we appreciate you sharing your documents, please note that Lessor reserves the right to confirm or decline the order on a case by case basis.
PAN Card / Company ID / Visiting Card
PAN Card / VAT / Service Tax Regn
PAN Card + Landlord's current address proof ( does not live at delivery address)
On booking confirmation, a fixed minimal amount should be collected as a security deposit. This should be fully refundable to the Lessees if the products are returned in a good condition.
There should be a minimum renting period of 3 months. The period can be extended further by contacting 2 weeks prior to the end of the contract. We will not charge anything for contract extension.
Document verification can take up to 3 days from the date of the document submission, depending on the comprehensiveness of the documents submitted. Post the document should deliver the order. This might vary on the required documents on a case by case basis.
Damage which makes the product functionally unusable is chargeable. The amount will be decided by us on a case to case basis. Normal wear and tear which does not cause functional damage to the products due to usage should be absolutely free.
You can request for early termination of the contract by informing us 2 weeks prior to your preferred closure date. You would need to pay the difference in monthly rental rates between your 'Contract tenure' (the tenure selected at order placement) and 'Actual tenure' (effective tenure at early closure). The amount due will be calculated as: (Actual - Contract tenure rent) * No. of actual tenure. The applicable tenure rates for early closure are:
3 month's: Full 3 due
3-6 : 3 month's rental rate
6-9 month's: 6 month's rental rate
9-12 month's: 9 month's rental rate
12-18th month's: 12 month's rental rate
18-24 month's: 18 month's rental rate
Similarly, the contract for your order/one or more items from the order can be extended for the desired period by notifying us 2 weeks prior to the end of the contract. Similarly, the contract can be extended for the desired period by notifying us 2 weeks prior to the end of the contract.
We will call you one week prior to the scheduled end date of the contract to fix the pick-up date and time. If you choose to keep your furniture for longer than the agreed tenure or return it before the agreed date due to some reasons, you can mail us one week in advance. The of the products is absolutely free.
We will pick up the products on the completion of your rental tenure, and upon successful Quality Check, we will immediately initiate the refund of your security deposit to your registered bank account in 5 working days. No interest is paid on the deposit amount.
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