Terms of service

Rental Agreement

This Rental Agreement (this “Agreement”) is entered into as of  the date of your  purchase order as dated in your order confirmation (the “Effective Date”) between Dormi LLC (the “Company”) and you, the customer, as stated on the order confirmation (the “Customer”) and the Company and the Customer are sometimes individually referred to herein as a “Party” and collectively as the “Parties.”

Company rents bed frames, mattress encasements, and mattresses, for use by college students. Customer wishes to rent a bed frame, mattress encasement, and mattresses from Company, and Company wishes to rent the same to Customer, pursuant to and subject to the terms and conditions set forth in this Agreement.

1. Rental Property.
   1. For on-campus customers the rental property consists of a single bed frame, mattress encasement, and one twin XL mattress (collectively “the Rental Property”). The Rental Property shall be used exclusively at the premises located at College of the Holy Cross in the dorm room assigned to Customer by the college (“the Premises”) and shall not be moved or relocated without Company’s express written consent which may be withheld for any reason. For off-campus customers the rental property consists of a single bed frame, mattress encasement, and one mattress (either twin XL, twin, full, or queen) (collectively “the Rental Property”).  The Rental Property shall be used exclusively at the premises set forth in Customer’s confirmed purchase order (“the Premises”) and shall not be moved or relocated without Company’s express written consent which may be withheld for any reason.
   2. In the event the Rental Property is not left at the Premises at the end of the Term the Customer shall be charged by the Company a Rental Property replacement fee of $800.00.
2. Payment. Customer shall pay the agreed upon price as stated on the order confirmation and/or order form (“the Rental Price”) to rent the Rental Property for the Term. Payment in full shall be made at the time of execution of this Agreement by Customer.
3. Delivery. The Company shall use commercially reasonable efforts to deliver the Rental Property on or before the start of the academic term. If the Customer is  living off-campus, the Company  will coordinate  with you to ensure the Customer has  a bed to sleep on when the Customer has begun their academic year. Customer shall be present at Premises to receive delivery. If Customer is not present at the scheduled delivery, Company may, in its sole discretion, cancel this Agreement and refund Customer’s payment less the reasonable costs of delivery, a restocking fee, an administrative fee, and other damages. In the event the Customer changes their room/Premises during the Term they must notify the Company before their move so a Company representative can move the Rental Property from one location to another. The Customer is not allowed to move the Rental Property outside of their room at any time without supervision from a Company representative.  If the Customer has provided the Company the incorrect arrival date or room/Premises location, the Customer will cover any Company expenses related to correcting the error, including, without limitation an extra move fee of $60.00 and a new mattress encasement fee of $50.00.
4. Cancellation. Customer may cancel this Agreement within 7 days of the start of the academic term so long as they provide the Company with at least 48 hours advance notice (“the Cancellation Period”). To cancel, Customer shall notify Company of its intent to cancel during the Cancellation Period and shall promptly coordinate with Company to schedule a time for Company to pick up the Rental Property. Provided that the Rental Property is undamaged and in the same condition as when delivered to Customer, Company shall refund the Lease Price to Customer less any expenses that may be incurred from the retrieval of the Rental Property, including, without limitation, a restocking fee and a pick-up charge. In the event of damage to the Rental Property while it is in Customer’s possession, any recovery to which Company is otherwise entitled pursuant to this Agreement shall be deducted from the Lease Price returned to Customer, or, if the recovery to which Company is otherwise entitled pursuant to this Agreement exceeds the Lease Price, the Lease Price shall be credited to any amount owed by Customer.
5. Term. The Term of this Agreement shall begin on the Effective Date and continue through the date on which Company retrieves the bed from Customer (“the Retrieval Date”). The Retrieval Date shall be set by Company (in consultation with Customer) and shall be between the last day of classes and the week following the last day of final examinations. If the Customer leaves campus outside of "the Cancellation Period" for any reason or is forced to leave by the school for any reason, there shall be no refund given.
6. Notice of Defect. If any part of the Rental Property is damaged or defective upon delivery to Customer, Customer shall promptly notify Company (in no event later than 24 hours from delivery of the Rental Property) and the damaged or defective part shall be replaced at Company’s expense. Upon the conclusion of the Cancellation Period defined above, the Rental Property shall be conclusively presumed to have been delivered free of defect or damage.
7. Damage. Customer shall be responsible for any damage to any part of the Rental Property (normal wear and tear excepted). Customer shall not remove the protective mattress encasement from the mattress at any point during the rental period. The Inspection period for damages can take place within the three months following the Retrieval Date. Customer may be notified at any point during the Inspection period of damages incurred from when Customer was in possession of Rental Property. In the event the mattress encasement seal is broken or breached in any manner during the Term (as defined herein) the Customer shall pay the Company a cleaning fee of $150.00.
8. Exclusion of Warranties. The Rental Property is leased “AS IS”. Company explicitly disclaims any and all warranties, express and implied, including without limitation any warranties of merchantability of fitness for a particular purpose.
9. Waiver and Limit of Liability. Customer forever waives any claim or cause of action that may accrue or it may have or assert against Company, whether in contract, tort, or otherwise, for any personal injury (including without limitation wrongful death) or property damage caused or alleged to be caused in any way by the Rental Property. This waiver includes without limitation any claim of injury or damages arising in whole or in part out of the presence of the Rental Property on any premises, any use of the Rental Property, the removal or relocation of any property to or within any premises, infestation, damage or destruction of real or personal property, or otherwise. The foregoing notwithstanding, in any claim of any nature, including claims against Company for breach of this Agreement, Customer shall not be entitled to receive damages in excess of the amount it paid pursuant to this Agreement. Customer shall not be entitled to fees, costs, inchoate damages, or attorneys’ fees.
10. Miscellaneous.
    1. This Agreement shall inure to the benefit of each party, its successors and assigns, and shall be binding on each party and its successors and assigns. Neither party may assign or delegate its rights or obligations under this Agreement without the prior written consent of the other party. Any assignment made without such written consent shall be void.
    2. If either party files suit with respect to the interpretation or enforcement of this Agreement, the prevailing party shall be entitled to recoup from the other its costs, including without limitation its reasonable attorneys' fees, in bringing or defending such proceedings.
    3. Each party acknowledges the receipt and sufficiency of the consideration set forth in this Agreement. In no event shall either party be liable to the other for any incidental, indirect, special, consequential, or punitive damages, regardless of the nature of the claim or liabilities to third parties arising from any source, even if the party to this Agreement has been advised of the possibility of damages.
    4. This Agreement shall be construed pursuant to the laws of the Commonwealth of Massachusetts without regard to that jurisdiction's choice of law provisions. Any lawsuit brought to interpret or enforce the provisions hereof shall be filed in the federal or state courts with jurisdiction located in (and where appropriate venue lies in) Suffolk County, Massachusetts. Each party waives any defense of lack of personal jurisdiction, improper venue, or forum non conveniens.
    5. This Agreement represents the entire understanding by and between the parties, and supersedes any other representations, promises, or statements not wholly consistent herewith. This Agreement may only be modified by a writing signed by both parties.
    6. Neither party shall be liable to the other if the performance of any obligation hereunder is rendered impossible by any circumstance beyond its control and not created by its own act or omission, including flood, fire, and other natural disasters, war, riot or social unrest, work stoppage, act of terrorism, and Acts of God and in the case of an on campus Customer the closure of the College’s campus where the Premises is located. Each party shall resume performance pursuant to the provisions of this Agreement upon the abatement of the force majeure.
    7. Each party hereby represents and warrants that (i) it has the legal right and authority to enter into and perform the obligations set forth in this Agreement, (ii) execution and performance of this Agreement will not violate any valid court order or applicable law or legal provision or constitute a breach of any contract or other obligation of such party, (iii) there is no other reason, currently existing or anticipated, that would render it unable to fully perform its obligations hereunder, and (iv) that this Agreement, upon execution and delivery, shall constitute a valid and binding obligation of each party and will be enforceable against such party pursuant to its terms.
    8. The provisions of this Agreement are severable. Should any part or portion hereof be deemed void or unenforceable by a court of competent jurisdiction, the remaining parts and portion shall remain in full force and effect. Failure of a party to enforce any provision of this Agreement shall not constitute a waiver of such provisions or of the right of a party at any time to avail itself of such remedies as it may have for any breach or breaches of such provision.

IN WITNESS WHEREOF, the Parties have caused this Rental Agreement to be executed as of the Effective Date.

Dormi, LLC     By:      ___________________________________             Name:             Its:     CUSTOMER     By:      ___________________________________             Name:             Its:

 

 

Mattress and Bed Frame Proper Use Policy

At Dormi, we prioritize the safety and well-being of our valued customers. To ensure a comfortable and safe experience while using our mattress and bed frame rental services, please adhere to the following proper use policy. Failure to do so may result in damage to the items or pose potential safety risks, and will waive any liability from the company due to improper use.

1. Mattress Usage Guidelines:

1.1. Positioning: Ensure that the mattress is placed on a stable and level surface, such as a bed frame or a flat floor. Avoid using it on uneven or unstable surfaces.

1.2. Bedding: Always use clean and properly fitting bed sheets and covers to protect the mattress from stains and damage. Do not place sharp objects or items with protruding parts on the mattress.

1.3. Mattress Encasement: Never remove the mattress encasement provided by the Company. The encasement serves as a protective barrier for the mattress and helps maintain a sanitary and safe sleeping environment.

1.4. Weight Limit: Adhere to the weight limit (maximum weight: 500 pounds) for the mattress. Overloading the mattress may cause it to sag or lose its shape.

1.5. Caring for Stains: Promptly clean any spills or stains using appropriate cleaning methods to prevent permanent damage. Refer to our care instructions for stain removal.

1.6. Pets: Keep pets away from the mattress, as their claws and fur may cause damage.

2. Bed Frame Usage Guidelines:

2.1. Intended Use: This bed frame is only meant to be used to hold up a mattress and be slept on horizontally. There is no other activity that this bed frame is intended for.

2.2. Weight Limit: Respect the weight limit specified for the bed frame (maximum weight: 750 pounds). Overloading the bed frame may lead to structural damage.

2.3. Avoid Jumping: Do not jump or engage in rough play on the bed frame. It is designed for sleeping and resting purposes only.

2.4. Moving: When moving the bed frame, ensure that it is properly disassembled, and all parts are securely fastened. Use caution to prevent injuries and damage to the frame.

3. General Safety Guidelines:

3.1. Children: Supervise children when they are on or near the mattress and bed frame to prevent accidents or injuries.

3.2. Prohibited Activities: Do not use the mattress and bed frame for activities other than sleeping and resting, such as bouncing or roughhousing.

3.3. Maintenance: Regularly inspect the mattress and bed frame for signs of wear and tear. Report any damage to Dormi immediately for repair or replacement.

3.4. Proper Disposal: If you need to dispose of the rented items, please contact us for guidance on proper disposal methods. Do not discard them improperly.

By renting our mattress and bed frame, you agree to abide by these guidelines and accept responsibility for any damage resulting from improper use. Failure to comply with these instructions may result in additional charges for repairs or replacements.

Your safety and satisfaction are of utmost importance to us. If you have any questions or concerns about the proper use of our products, please do not hesitate to contact our customer support team for assistance.

Thank you for choosing Dormi for your mattress and bed frame rental needs. We wish you a comfortable and safe experience with our products.