O`Neill returned the saw on June 20, 2004. (See id. at 76:13-15). A Home Depot employee inspected the tool to make sure it was not damaged and cleaned. (See id. at 80:24-25, 81:1-4). O`Neill had not damaged the saw and was not charged with damages. (See id. at 76:16-25, 77:5-7). After inspecting the tool, O`Neill received a rental invoice that included the rental cost and again announced that he had been charged $3.90 for the damage waiver. (See id. at 78:12-21; 79:2-4).
After that, O`Neill signed an invoice stating, « I acknowledge that. the total cost above is correct. (Id. at 79:5-12; After March 2005 Rental Agr., General Terms and Conditions, Exh. » 8″ ). The plaintiff did not speak to anyone at The Home Depot about the waiver of damages, complained, or requested that the damages fee be waived. (See O`Neill Dep., March 23, 2006, at 53:4-17; 80:3-12). As mentioned earlier, It is The Home Depot`s policy that a sales representative review the entire lease with each customer, including the scope of the waiver of damages. ( See SOP, Exh. « 7 » at 2:35). The Home Depot Rental offers a variety of high-quality large appliances.
Our base fleet consists of trench cutters, compact mini loaders, skid steer loaders, mini excavators, tractor loader loaders, shredders, stump grinders and aircraft. The choice of equipment varies by location, so if you`re looking for a specific device, we recommend contacting your local rental center for inquiries. Once the customer has had an opportunity to review the entire lease, the Home Depot representative should review the lease with the customer, highlighting certain conditions such as the rental price, the date and time the tool was returned, and The Home Depot phone number. ( See Bogle Decl., Exh. « 2 », ¶¶ 11-12; Freeman Decl., Exh. « 6 », ¶ ¶ 10-11). The Partner is responsible for discussing with the Customer each of the particular conditions, including whether the Customer has chosen to purchase the Waiver of Damages. ( See id. ).
O`Neill doesn`t remember seeing signs in the Home Depot store regarding the damage waiver. ( See O`Neill Dep., March 23, 2006, 50:7-10; 85:1-10, excerpt. » 15″ ). According to O`Neill, he learned that the costs of damages were included in his lease when his wife alerted him after the rental. (See id. at 51:23-25, 52:1-10). O`Neill`s wife doesn`t remember ever reading the lease or even discussing waiver of damages with him. ( See Gwenn O`Neill Dep., 27 April 2006, 30:21-31:1; 31:17-23, Exh.
» 17″ ). Tool availability varies by location, so we recommend checking out our tool inventory here or contacting your local rental center. The Home Depot has a standard written instruction for use for all rental transactions. ( See Word. Class certificate. to 6). During the class period, there were two versions of the SOP, one from 7 June 1999 and the other from 10 January 2006. The genesis of Rickher`s problem – with his interpretations of paragraphs 5 and 6 – is that he divides the world of tool use into two and only two areas: correct use and inappropriate use. There is no other possible scenario for Rickher. For him, the fact that The Home Depot focused on a scenario with inappropriate use means that The Home Depot wanted to rule out the same scenario that involves proper use of the tool. But as the District Court pointed out, Rickher does not recognize a third area – the one where accidents occur. We all want to use the tools perfectly, but accidents happen and sometimes tools are damaged as a result.
When using a circular saw to cut a two by four, a carpenter may hit a screw that is not visible because its head is broken in the wood. The saw blade is folded and unusable. The carpenter does not use the tool « incorrectly », but nevertheless the saw blade is damaged unexpectedly beyond the scope of normal « wear and tear ». Accidents can occur when a tool is not even used. Let`s take the example of the district court: « The customer stores a tool in his garage and something else in the garage falls on the tool and damages it. It is also accidental damage that does not occur during use. O`Neill has rented tools from The Home Depot stores on at least two different occasions. ( See FCC ¶ ¶ 8, 20; Rental Agr.
20.06.04, extract » 10; » Rental Agr. 13.08.04, Exh. » 16″ ). The first lease took place on June 20, 2004, when O`Neill rented a saw. ( See id.; O`Neill Dep., 23 March 2006, 31:22-32:4, Exh. » 15″ ). O`Neill was helped by a Home Depot employee who helped him choose the appropriate saw for his stated use and explained the cost of renting the saw. .