On April 27, 2002, Janet Chochorowski and her husband went to a home depot in Brentwood to rent a garden strawberry. Before renting the cash register to Ms. Chochorowski, a Home Depot employee gave her a lease for the cash register. Creating a contract allows you to limit your liability and include certain conditions of use (for example.B. Indication of the item that can only be used in indoor spaces) in order to obtain the value of your equipment. With the model for the LawDepot equipment lease, you can set conditions such as: As mentioned above, the home deposit policy states that each customer verifies the entire rental contract, including the extent of the abandonment of the damage, by a sales agent. (See SOP, Exh. «7» at 2:35 a.m.). O`Neill has leased home Depot Stores tools on at least two different occasions.
(SEE FCC 8, 20; Rental Agr. 20.06.04, Exh. » 10; » Rental Agr. 13.08.04, Exh. » 16″ ). The first lease took place on June 20, 2004, when O`Neill leased a saw. (see id.; O`Neill Dep., March 23, 2006, 31:22-32:4, Exh. The terms and conditions in the box, which appear in all standard home tool rental contracts, are as follows: Although Ms. Chochorowski asserts that the «small print» of the contract should not allow Home Depot to evade the consumer protection of the MMPA, the agreement itself is contrary to Ms. Chochorowski`s assertion that she had difficulty reading the «itty bit printty» of the contract.
When she checked the agreement in the store before signing it, she realized that the address at the top of the contract was false and wrote her real address next door. She also noted that the form printed a false address at a second location in addition to false driver`s license information. Your address and driver`s license number were printed in a font of the same size and style as the damage waiver conditions only a few lines below. She corrected the address a second time and corrected the driver`s licence data. Ms. Chochorowski`s work shows that the pressure was so great that she was able to read and understand these parts of the treaty and correct it if necessary. While the provisions of paragraph 11 were in a smaller print, they were the same font size as most of the provisions on page 2. Ms. Chochorowski asserts that the abandonment of Damages to Home Depot is a «negative option» prohibited by 15 CSR 60-8.060 because it requires payment of a fee for a service it did not request.
The law defines «goods» as «all goods, goods, goods, goods, intangibles, goods or services.» Section 407.010 (4). It defines «sale» as «any sale, lease, offer to sell or lease, or try to sell or lease property in leasing or cash or credit.» Section 407.010 (6). Home Depot does not deny that the rental of Ms. Chochorowski`s garden mill and the waiver of Home Depot`s damages were a sale of goods as part of the deed or that she incriminated the woman.