JCNA TOOL LOAN PROGRAM AGREEMENT
THE JCNA AND MEMBER AGREE:
Under the following conditions that are set forth below, and also as provided in How to use the JCNA tool loan program document, which by initialing here
the Member acknowledges having read, understood, followed, and with which the Member acknowledges s/he has and shall comply:
JCNA agrees to loan to the Member the tools described on the JCNA Tool Loan ordering form, which the Member shall properly complete and submit with this Agreement. Upon receipt of this Agreement and the ordering form, JCNA shall confirm tool availability and provide the Member deposit amounts; and shipping, insurance, maintenance, restocking, and potential late charges. Upon written (including electronic) or oral confirmation and approval of deposit amounts and the above-described charges, JCNA agrees to prepare and ship the requested tools on a date to be specified. The Member acknowledges and agrees by checking the boxes below that:
The JCNA and Member, for themselves, their successors, executors, administrators and assigns, agree to the full performance of the covenants herein contained.
Clicking on Submit constitutes an agreement of terms listed herein.
ADDITIONAL TOOL LOAN PROGRAM TERMS AND CONDITIONS
1. Any Security Deposit paid by the Member is paid to guarantee the Member’s full and faithful performance of all terms, conditions, and provisions of this Agreement. If the Member so performs, an equal sum shall be repaid without interest at the end of this Agreement. If tools are not returned in a proper condition, the Security Deposit is forfeited.
2. The Member shall use the tools loaned only as provided by Jaguar service manuals.
3. JCNA, BEING NEITHER THE MANUFACTURER, NOR A SUPPLIER, NOR A DEALER IN THE EQUIPMENT, MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, OR CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR SPECIAL METHODS. JCNA FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO THE MEMBER OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. AS TO JCNA, THE MEMBER IS LOANED THE EQUIPMENT “AS IS.” JCNA SHALL NOT BE LIABLE IN ANY EVENT TO THE MEMBER OR THIRD PARTIES FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT LOANED OR ACCIDENTAL BREAKAGE THEREOF.
4. The Member shall indemnify JCNA against, and hold JCNA harmless from, any and all claims, suits, procedings, costs, expense, damaages, and liabilities, including attorney fees, arising out of, connected with, or resulting from the tools or this Agreement, including without limitations, the manufacture, selection, delivery, loaning, control, possession use, operation, maintenance or return of the tolls.
5. JCNA shall not be responsible for loss or damage to property, material, or equipment belonging to the Member, her/his agents, employees, suppliers, or anyone directly or indirectly employed by the Member while said material property, or equipment is in the Member’s care, custody, or control or under the Member’s physical control. The Member and his insurers waive all rights of subrogation against JCNA for such loss.
6. No tools shall be sublet, loaned or entrusted to any person by the Member.
7. The Member shall pay JCNA all costs and expenses, including attorney fees, incurred by JCNA in exercising any rights or remedies hereunder or enforcing the terms, conditions, or provisions hereof.
8. In the event of a dispute with representatives of JCNA appointed by the JCNA to implement, supervise and oversee the Tool Loan Program, the Member may appeal any decision or action of the appointed representatives by giving written notice to the President of the JCNA within thirty days. The President, Executive Committee, or Board of Directors shall then address the Member’s issues in accordance with JCNA Bylaws, Corporate, Administrative, or other applicable policy and issue a written response. This appeal is required and a prerequisite to any alternative dispute resolution or legal proceedings.
9. In the event an appeal to the JCNA does not resolve the Member’s issues, then the Member agrees to submit the matter to arbitration and to the extent permitted by law waives right to initiate a legal action against the JCNA. In the event of arbitration, it is agreed that venue for the arbitration shall be in the county and state where the JCNA maintains the physical location of the Tool Loan Program (which currently is Lithonia, Georgia). Any alternative dispute resolution proceeding such as arbitration or any attempted legal proceeding shall only be maintained in the forum state and under the forum state laws where the Tool Loan Program is physically located at the time the dispute arises.