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These terms (“Rental Terms“) govern the rental of Mako Equipment provided by Mako Networks, Inc. (“Mako“) to the Customer. The Rental Terms are incorporated by reference into the Services Agreement between Mako and Customer. In the event of any conflict, the Services Agreement shall control unless explicitly stated otherwise.
The Rental Terms apply to all Mako Equipment provided on a rental basis (“Rental Equipment“). By accepting delivery of Rental Equipment, Customer agrees to be bound by these Rental Terms. Rental Equipment remains the property of Mako at all times during the rental period. The rights and responsibilities regarding the Rental Equipment are detailed below.
Ownership of Rental Equipment
Mako or its designee retains ownership of the Rental Equipment at all times. Customer shall not pledge, loan, mortgage, or otherwise encumber the Rental Equipment. Customer shall not remove, alter, disfigure or cover up any numbering, lettering, or insignia displayed upon the Rental Equipment. Customer will not (i) grant any third party any right to use, possess, or control any Rental Equipment, (ii) attempt to rent, lease, sell, or otherwise dispose of any Rental Equipment, (iii) grant any interest or right in Rental Equipment to any third party, or (iv) assign any claims, offsets, or defenses Customer may have against Mako.
Warranty for Rental Equipment
Mako’s warranty against defects in workmanship and material for Rental Equipment shall extend throughout the Service Term, and the cost of such warranty shall be included in the Charges. For detailed warranty coverage, limitations, and procedures, please refer to Mako’s Equipment Warranty Terms available at https://makonetworks.com/legal/warranty-terms/.
Technical Support
The monthly rental fee includes 24×7 technical support for the duration of the Service Term. For detailed support terms and conditions, please refer to Mako’s Support Terms available at https://makonetworks.com/legal/support-terms/.
Installation Terms
For detailed information regarding installation services for Rental Equipment, refer to the Installation Terms at https://makonetworks.com/legal/installation-terms/. Customer acknowledges that installation of Rental Equipment must comply with these Installation Terms, including requirements for site preparation, access, and completion of any required documentation.
Return of Rental Equipment
Upon termination or expiration of the Service Term, Customer shall return all Rental Equipment to Mako in good condition, reasonable wear and tear excepted, within thirty (30) days of such termination or expiration. Customer shall be responsible for proper packaging and shipment of the Rental Equipment to Mako’s designated location. If Customer fails to return the Rental Equipment within the specified time period, or returns Equipment that is damaged beyond normal wear and tear, Mako may charge Customer the full MSRP. Customer agrees to pay all packaging, shipping and handling charges related to any Rental Equipment returns, regardless of the reason for the return. All Rental Equipment returned must be fully functional and must include all accessories and materials that were originally provided with the Rental Equipment. Before returning any Rental Equipment that has data in its memory, Customer is solely responsible to transfer all files Customer wishes to retain. Once the Rental Equipment is returned, Customer’s files cannot be recovered and Customer releases Mako of any liability for any lost, damaged, or destroyed files, data, or other information.
Care and Use
Customer shall maintain the Rental Equipment in good operating condition. Customer shall use the Rental Equipment only for the purposes intended and in compliance with all applicable laws and regulations. Customer shall not make any alterations, additions, or improvements to the Rental Equipment without Mako’s prior written consent. Customer will ensure that: (a) each Rental Equipment will only be used in a careful and proper manner and in accordance with the written instructions provided by Mako, as may be updated from time to time; (b) each Rental Equipment will not be defaced, modified, used or operated in violation of any federal, state, or local law or regulation; (c) each Rental Equipment must remain within the country expressly permitted for its use by the Services Agreement, and may not be exported or re-exported to any other country; (d) any regulatory or certification markers affixed to a Rental Equipment may not be removed, defaced, or otherwise obstructed.
Risk of Loss
Customer assumes and shall bear the entire risk of loss and damage to the Rental Equipment from any cause whatsoever, except for defects covered under the warranty. In the event of loss or damage to the Rental Equipment, Customer shall promptly notify Mako and shall be responsible for the cost of repair or replacement. Customer has ten (10) business days upon receipt of each Rental Equipment to notify Mako of any damage or functional issues with Rental Equipment. If Customer doesn’t provide such notice, each Rental Equipment is deemed to be in good working order at the time of receipt. In the event that any Rental Equipment delivered to Customer is stolen, lost, damaged, or transferred to any third party, regardless of the circumstances or cause, Customer will immediately notify Mako in writing and pay Mako the full MSRP.
Prohibited Uses
Customer shall not use the Rental Equipment for any purpose not expressly permitted by Mako. Specifically, Rental Equipment is not designed or intended for use in (i) the design, construction, operation, or maintenance of any nuclear facility, (ii) navigating or operating aircraft, or (iii) operating life-support or life-critical medical equipment, and Mako disclaims any express or implied warranty of fitness for such uses.
Remedies
If Customer does not timely return the Rental Equipment as required or has defaulted in any obligation to pay charges related to Rental Equipment, Mako may, in addition to those remedies available at law, in equity, or as otherwise set forth in these Rental Terms or the Services Agreement, take possession of all or any of the Rental Equipment without demand or legal process, wherever the Rental Equipment may be located, and Customer hereby waives any and all damages occasioned by that taking of possession.
UCC and Leases
Customer and Mako intend that the rental of Equipment constitutes a true lease under the UCC and not a sale of equipment subject to a security interest under Article 9 of the UCC. Customer intends that each item of Rental Equipment remain at all times personal property and not a fixture under applicable law, even if the item of Rental Equipment may be or becomes attached to real property or any improvements.
Export Compliance
Customer agrees to comply with U.S. export control laws and regulations, including EAR and OFAC sanctions programs, regarding Mako products and services. Customer will not export, re-export, transfer, or release Mako offerings to prohibited destinations, entities, or persons without required licenses or approvals. Customer is responsible for ensuring compliance and will indemnify Mako against any claims resulting from non-compliance.
Warranty Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN MAKO’S WARRANTY POLICY, ANY WARRANTIES OR OTHER TERMS THAT MIGHT OTHERWISE BE IMPLIED INTO THIS AGREEMENT BY LAW FOR CUSTOMER’S BENEFIT ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, MAKO DOES NOT WARRANT THAT THE RENTAL EQUIPMENT WILL BE ERROR-FREE OR WILL ACHIEVE ANY PARTICULAR OUTCOME CUSTOMER MIGHT DESIRE.
Definitions
“Customer” means the person or other legal entity using Mako Services or Mako Equipment, being a person or other legal entity contractually engaged by Mako.
“Mako Equipment” means the hardware device (or devices) supplied to Customer by Mako that enables Customer to access the Mako Services, including any software installed on such devices.
“Mako Services” means the network, applications, reporting, support, or other services Customer has requested to use under license from Mako and which Mako agrees to supply via Mako Equipment and any other means Mako makes available to enable the provision of those services to Customer.
“Services Agreement” means any agreement between Mako and Customer governing the provision of Mako Services, including but not limited to service orders, statements of work, or other written agreements.
If you have any questions about these policies, please contact legal@makonetworks.com.