Rental Terms & Conditions

1. Definitions

• Company: CuraScript, a medical equipment rental provider registered in Uganda.
• Customer: The individual, facility, or organization renting equipment from the Company.
• Equipment: Any medical device, apparatus, or accessory rented to the Customer.
• Rental Period: The duration for which the Equipment is rented, as specified in the Rental Agreement.

2. Rental Agreement

2.1 The Rental Agreement comes into effect upon the Customer's signature and payment of the required fees. The initial rental period shall be as specified in the rental agreement or quote accepted by the Customer.

2.2 The Rental Period shall commence on the date of delivery and installation of the Equipment and shall expire at the end of the chosen rental period.

2.3 If the Customer wishes to renew or extend the rental period beyond the initial term, they must notify the Company no less than three (3) business days prior to the expiry date.

2.4 Any renewal or extension of the initial rental period shall be governed by the same terms and conditions that applied to the initial period.

2.5 Should the Customer continue to use the Equipment beyond the expiry of the initial period without notifying the Company at least three (3) business days before the expiry date of the intention to end the rental, the rental period will automatically continue for another full similar rental period.

2.6 The Company reserves the right to refuse service to any Customer at its discretion.

2.7 The Equipment remains the property of the Company at all times. The Customer acquires no ownership rights through this rental agreement.

2.8 The minimum rental period varies by equipment type and is clearly communicated to the Customer. Rentals cannot be terminated before the end of the agreed minimum rental period except as provided in Section 12.

3. Rental Fees and Payments

3.1 The Customer shall pay the rental and relevant fees as set out in the quotation or invoice. All fees are payable in advance whether for individuals or healthcare facilities. No delivery of rental equipment will be done without the Company having received payment for the rental fee, delivery fee, and the security deposit.

Security Deposit

3.2 A security deposit equal to one extra similar rental period fee shall be required before delivery. The security deposit shall be refunded within five (5) business days after the Equipment is returned, subject to deductions outlined below.

3.3 The security deposit may be used to cover:

• Damage to Equipment beyond normal wear and tear
• Cleaning costs if Equipment is returned in unsanitary condition
• Missing accessories or components
• Outstanding rental fees or late payment charges
• Collection costs if Equipment is not returned as scheduled

The Customer will receive an itemized statement showing any deductions made from the security deposit.

Payment Terms

3.4 The Customer shall be liable for the full rental amount even in circumstances where the Equipment is returned prior to the expiry of the rental term. The Company will not provide any refund for returning the Equipment early.

3.5 Rental payments can be made via bank account or via mobile money. No cash payments are accepted.

3.6 The Customer will receive an invoice for all payments received within three (3) business days.

3.7 All payments are non-refundable except as specifically provided in these Terms.

3.8 Customers must retain proof of all payments made.

Late Payment Penalties

3.9 If rental payments are not received by the due date, a grace period of two (2) days is provided. If payment is not received by the end of the grace period, the following late payment fees apply from day three (3) onwards:

• Daily rentals: 15% of the daily rental rate per day overdue
• Weekly rentals: 10% of the weekly rental rate per week overdue
• Monthly rentals: 5% of the monthly rental rate per week overdue

3.10 Rental fees for the initial rental period are fixed as specified in the agreement. For renewal or extension periods, the Company reserves the right to adjust rental fees with at least thirty (30) days' written notice to the Customer.

4. Penalties

4.1 If the Equipment is not returned by the end of the rental period and no renewal has been arranged as per Section 2.3, the Customer shall be charged as per Section 3.9.

4.2 The Customer shall be liable for the full cost of repair or replacement of Equipment that is damaged, lost, or stolen while in their possession, minus the security deposit already held. Repair or replacement costs will be determined by qualified technicians based on current market rates.

4.3 Use of the Equipment for purposes other than its intended medical use, or in violation of Section 6, may result in immediate termination of the agreement, forfeiture of all payments, and liability for any resulting damage.

4.4 The Customer shall be charged the full replacement cost for any accessories, components, or documentation that are lost or not returned with the Equipment.

5. Delivery and Installation

5.1 The Company shall deliver and install the Equipment at the address specified in the Rental Agreement during normal business hours.

5.2 Delivery fees are specified in the quotation and must be paid before delivery. Delivery fees are non-refundable.

5.3 The Company will make reasonable efforts to deliver Equipment within the specified time frame following payment confirmation and agreement with the Customer. Delivery times are estimates and not guaranteed. The Company is not liable for delays caused by circumstances beyond its reasonable control.

5.4 Upon installation, the Company will provide basic operational training on the Equipment's use, maintenance requirements, and safety precautions. The Customer is responsible for ensuring that all persons who will operate the Equipment receive this training or are adequately instructed by someone who has.

5.5 The Customer shall ensure that the delivery location is accessible and suitable for installation, including providing adequate space, electrical supply (if required), and any other necessary infrastructure. If installation cannot be completed due to inadequate facilities, the Customer may be charged for return and redelivery.

6. Customer Responsibilities

6.1 The Customer shall:

• Use the Equipment only for its intended medical purpose in a careful and proper manner
• Follow all operating instructions provided
• Not modify, repair, or tamper with the Equipment
• Not relocate the Equipment without prior written consent
• Ensure the Equipment is protected from theft, damage, and misuse
• Allow Company representatives access for maintenance or inspection
• Report any malfunction or damage immediately

6.2 The Customer shall not sublease or transfer the Equipment to any third party.

6.3 The Customer shall ensure that the Equipment is:

• Connected to a stable electrical supply (if applicable) with appropriate surge protection
• Kept in a clean, dry environment within the temperature and humidity ranges specified in the Equipment manual
• Protected from exposure to liquids, extreme temperatures, and corrosive substances

6.4 The Customer is responsible for providing any consumable items required for Equipment operation, such as suction tubes, nasal cannulas, or any single-use items, unless otherwise specified in the rental agreement.

7. Equipment Maintenance and Service

7.1 The Company shall maintain the Equipment in good condition and working order and shall furnish all parts, mechanisms, and devices required to keep the Equipment in good mechanical working condition.

7.2 The Equipment shall be checked by the Customer prior to collection or installation. If the Equipment appears damaged when delivered or collected, the Customer must notify the Company immediately upon first inspection, and the parties will negotiate a mutually agreeable solution.

7.3 The Company will perform scheduled preventive maintenance on the Equipment as required by the manufacturer's specifications. The Customer will be notified at least forty-eight (48) hours in advance of scheduled maintenance visits and shall make the Equipment accessible.

7.4 Emergency technical support will be available 24/7 through the Company's telephone contacts. Response time for emergency service calls shall be within twenty-four (24) hours.

7.5 The Customer shall not attempt repairs or maintenance without authorization. Emergency service calls caused by Customer misuse, negligence, or failure to follow operating instructions may be charged to the Customer at the Company's standard service rates.

Equipment Malfunction

7.6 Where the Equipment becomes faulty due to normal wear and tear or a defect not attributable to the Customer, the Company shall assess and attempt to repair the Equipment within twenty-four (24) hours of notification.

7.6.1 If such Equipment cannot be repaired within twenty-four (24) hours, the Company shall provide replacement Equipment of similar specification at no additional cost, subject to availability.

7.6.2 Where replacement Equipment is not available, the Customer may elect to:

• Continue to wait for the Equipment to be repaired, in which case rental fees shall be suspended only after seventy-two (72) hours of continuous equipment unavailability, or
• Terminate the Agreement and receive a pro-rata refund of advance rental fees solely for the period during which no functional Equipment was provided.

Customer-Caused Damage

7.7 Where the Equipment failure, damage, or malfunction is caused by the Customer's misuse, negligence, unauthorized handling, improper storage, exposure to liquids, power surges, tampering, or use contrary to provided instructions, the provisions of Clauses 7.6.1–7.6.3 shall not apply.

7.7.1 In such cases of Customer-attributable damage:

• The Customer shall remain liable for rental fees during the repair period
• The Customer shall bear the full cost of repair or replacement as assessed by the Company
• The Company shall have no obligation to provide replacement Equipment or rental suspension

8. Liability and Insurance

8.1 The Customer assumes and shall bear the entire risk of loss and damage to the Equipment while in their possession. Risk shall pass to the Customer upon delivery of the Equipment and shall remain with the Customer until the Equipment has been returned to the Company.

8.2 The Customer is liable for any damage, loss, or theft of Equipment beyond normal wear and tear.

8.3 The Company is not liable for any injury, loss, or damage arising from the Customer's use of the Equipment.

8.4 If damage reported by the Customer results from technical failure of the Equipment itself, the Company is liable, and a technician will be sent to assess the issue at the Company's cost.

8.5 The Company's total liability under this agreement, regardless of the cause of action, shall not exceed the total rental fees paid by the Customer for the current rental period.

8.6 The Customer shall be solely responsible for any claims, injuries, or damages arising from their use of the Equipment that affect third parties. The Company shall not be liable for any indirect, consequential, or incidental damages.

9. Warranty

9.1 The Company warrants that the Equipment will be in good working order upon delivery.

9.2 The Company makes no warranty regarding the fitness of the Equipment for the Customer's particular purpose.

9.3 In case of Equipment failure due to manufacturing defects, the Company will replace the Equipment at no additional cost.

10. Collection and Return

10.1 Upon expiration of the rental period, the Customer shall return the Equipment to the Company in a clean, hygienic, and functioning condition, or in the same condition as when delivered, allowing for normal wear and tear.

10.2 The Customer shall contact the Company to schedule equipment pickup or return.

10.3 Acceptance of the Equipment by the Company upon return shall not represent the Company's acceptance of the condition of the Equipment. The Company reserves the right to inspect the Equipment and make an assessment regarding its condition.

10.4 The Company will inspect returned Equipment within five (5) business days. If damage or deficiencies are identified, the Customer will be notified in writing with photographic evidence and an itemized assessment of charges.

11. Indemnity

11.1 The Customer shall indemnify and hold the Company harmless from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

• The Customer's negligent or improper use of the Equipment
• The Customer's breach of this agreement
• Injuries to third parties caused by the Customer's use of the Equipment
• The Customer's failure to follow operating instructions or safety guidelines

11.2 This indemnity does not apply to claims arising from:

• Equipment defects or malfunctions not caused by Customer misuse
• The Company's negligence or breach of this agreement
• Inaccurate information or instructions provided by the Company

12. Termination

Company Termination Rights

12.1 The Company may terminate this agreement immediately upon written notice if:

• The Customer breaches any material term of this agreement and fails to remedy the breach within seven (7) days of written notice
• The Customer uses the Equipment improperly or for unauthorized purposes
• The Customer fails to make required payments within fourteen (14) days of the due date
• The Equipment is at risk of damage, loss, or seizure
• The Customer becomes insolvent or enters bankruptcy proceedings

Customer Termination Rights

12.2 The Customer may terminate this agreement:

• By providing thirty (30) days' written notice to the Company, though rental fees remain due for the full initial rental period as per Section 3.3
• Immediately if the Company fails to provide functioning Equipment within seventy-two (72) hours of reported malfunction and no suitable replacement is available

Upon Termination

12.3 Upon termination:

• The Customer must immediately return the Equipment in accordance with Section 10
• All outstanding fees become immediately due and payable
• The security deposit will be processed as per Section 3.2
• Neither party shall have further obligations except those that expressly survive termination

12.4 The following provisions survive termination: Sections 3 (payment obligations), 8 (liability), 11 (indemnity), 13 (confidentiality), and 15 (dispute resolution).

13. Privacy and Confidentiality

Information Collection

13.6 The Company collects and processes the following personal information: full name, identification number, physical address, contact number, email address, medical condition information (if applicable), and details about the medical equipment being rented. This information is collected solely for processing rental applications, delivering and maintaining equipment, providing customer support, and fulfilling legal and regulatory obligations.

Legal Compliance

13.7 The Company will collect, process, store, and protect Customer information in accordance with the Data Protection and Privacy Act, 2019 of Uganda and all applicable data protection regulations. All personal and medical data will be handled with strict confidentiality.

Security Measures

13.8 The Company implements appropriate technical and organizational security measures to protect Customer information from unauthorized access, disclosure, alteration, or destruction. These measures include secure data storage systems, access controls limiting data access to authorized personnel only, and regular security assessments.

Information Sharing

13.9 Customer information will not be sold, rented, or disclosed to third parties for marketing purposes. The Company may share Customer information only in the following circumstances:

• With authorized service technicians for equipment maintenance and repair purposes
• With healthcare providers where necessary to fulfill prescription requirements
• When required by law or legal process
• With the Customer's explicit written consent

Medical Information

13.10 Medical and health-related information provided by the Customer is considered highly sensitive and will be treated with the utmost confidentiality. Access to medical information will be strictly limited to personnel who require it to fulfill the rental service. Medical information will only be used for ensuring appropriate equipment provision and will not be disclosed to any party without the Customer's explicit consent, except as required by law.

Customer Rights

13.11 The Customer has the right to:

• Access and review their personal information held by the Company
• Request correction of inaccurate or incomplete information
• Request deletion of their personal data after the rental period ends and all legal retention requirements are satisfied
• Withdraw consent for non-essential data processing
• Lodge a complaint with the relevant data protection authority if they believe their rights have been violated

To exercise these rights, Customers may contact the Company via email.

Data Retention

13.12 Customer information will be retained for seven (7) years after the rental period ends to comply with legal, accounting, regulatory, and healthcare requirements.

Data Breach Notification

13.13 In the event of a data breach that compromises Customer information, the Company will notify affected Customers within seventy-two (72) hours of becoming aware of the breach. The notification will include the nature of the breach, the data affected, and the steps the Company is taking to address the situation and prevent future occurrences.

Consent

13.14 By signing this Rental Agreement, the Customer acknowledges that they have read and understood this Privacy and Confidentiality section and consent to the collection, processing, storage, and use of their personal and medical information as described herein for the purposes of fulfilling this rental agreement and complying with legal obligations.

Policy Updates

13.15 The Company reserves the right to update this privacy policy to reflect changes in legal requirements or business practices. Customers will be notified of any material changes that affect their rights or how their information is used.

14. Disclaimer

14.6 While every effort is made to ensure that equipment descriptions, specifications, and prices are accurate, the Company does not guarantee that such information is complete, reliable, current, or error-free. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

14.7 The Company makes no representation or warranty that the Equipment will meet the Customer's specific requirements or be suitable for the Customer's particular medical condition or purpose. Customers are responsible for consulting with their healthcare providers to determine the appropriateness of the Equipment for their needs.

14.8 The Company does not provide medical advice. Any information, training, or guidance provided regarding Equipment use is for operational purposes only and does not constitute medical advice. Customers should consult qualified healthcare professionals for medical guidance.

14.9 While the Company warrants that Equipment will be in good working order upon delivery (Section 9), the Company makes no guarantees regarding the clinical outcomes, effectiveness, or results from using the Equipment. Equipment performance may vary based on individual circumstances, usage, and environmental conditions.

14.10 The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, incurred by the Customer or any third party, whether in an action in contract or tort, even if the Company has been advised of the possibility of such damages.

14.11 The Company's maximum aggregate liability for any claims arising from or related to this agreement, regardless of the form of action, shall not exceed the total rental fees paid by the Customer during the current rental period.

14.12 All prices are subject to change without notice. Equipment availability is not guaranteed and may vary. Quoted prices are valid for thirty (30) days from the date of quotation unless otherwise specified. The Company reserves the right to discontinue rental of any Equipment without liability.

14.13 Except as expressly stated in Section 9 (Warranty), the Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

14.14 14.14 If the Equipment includes or requires third-party products, software, or services, the Company makes no warranties regarding such third-party components. Any warranties for third-party components are governed solely by the terms provided by their respective manufacturers or providers.

14.15 14.15 The Company shall not be held liable for any delay or failure to perform its obligations under this agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government actions, epidemics, pandemics, natural disasters, power failures, equipment failures, or supply chain disruptions.

15. Dispute Resolution

15.6 In the event of any dispute arising from this agreement, the parties agree to first attempt to resolve the matter through good faith negotiation.

15.7 If negotiation fails to resolve the dispute within thirty (30) days, the parties agree to submit the dispute to mediation before a mutually agreed mediator in Kampala, Uganda.

15.8 If mediation fails, disputes shall be resolved through litigation in the courts of Uganda. Each party shall bear its own legal costs unless otherwise awarded by the arbitrator or court.

15.9 This agreement shall be governed by and construed in accordance with the laws of the Republic of Uganda.

16. General Provisions

16.6 This Rental Agreement, including all attached schedules and the Terms and Conditions, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral.

16.7 No amendment or modification of this agreement shall be valid unless made in writing and signed by both parties.

16.8 No waiver of any provision of this agreement shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver.

16.9 If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.10 The Customer may not assign or transfer this agreement without the Company's prior written consent. The Company may assign this agreement to any successor or affiliate.

16.11 All notices required under this agreement shall be in writing and delivered to the addresses specified in this agreement or to such other address as either party may designate in writing. Notices may be delivered via email, SMS, or WhatsApp, and shall be deemed received when delivered.

16.12 Neither party shall be liable for failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, war, civil unrest, government restrictions, pandemics, or natural disasters.

16.13 This agreement is executed in English. In the event of any translation, the English version shall prevail.

17. Acknowledgement

By using any of our services, the Customer confirms that they have read, understood, and agreed to these Terms and Conditions in full.