Ooma Equipment Rental Agreement
(“Rental Agreement”)

Last Updated: May 31, 2024

This Rental Agreement governs the use of Equipment rented or leased from Ooma (“Rental Equipment”) and is subject to the applicable terms and conditions available at https://www.ooma.com/legal (the “Terms”), which are incorporated herein by reference. Capitalized terms not defined herein will have the same meaning as in the Terms. To the extent there is any conflict between the Terms and this Rental Agreement, the applicable terms of the Rental Agreement shall govern.

1. Maintenance; Repair. Customer, at its own expense, shall maintain and repair any Rental Equipment. Customer bears all risk of loss, damage, and theft of Rental Equipment from any cause, including lost shipments. If any Rental Equipment is stolen, lost, or damaged, you must immediately notify Ooma in writing and pay the replacement cost plus $50. This obligation does not apply to any damage covered by the manufacturer’s warranty.
2. Remedies. If you do not timely return the Rental Equipment on the terms set forth in your Sales Quote or have defaulted in any obligation to pay the purchase price for Rental Equipment, Ooma may, in addition to those remedies available at law, in equity, or as otherwise set forth in the Terms or this Rental Agreement, you must pay Ooma the replacement cost plus $50 and/or Ooma may take possession of all or any of the Rental Equipment without demand, or legal process, wherever each piece of Rental Equipment may be located, and you hereby waive any and all damages occasioned by that taking of possession.
3. UCC and Tax Leases; Fixtures. You and Ooma 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 to secure the purchase price of the Rental Equipment. For all Rental Equipment, you agree that Ooma is entitled to all deductions, credits, and other tax benefits that are provided in the Internal Revenue Code of 1986, as amended, to the owner of property. You agree to not take or omit to take any action that results in the disqualification of the Rental Equipment for all or any portion of tax benefits. You intend 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.