RENTAL AGREEMENT
TERMS AND CONDITIONS
1. INSPECTION. Customer acknowledges that Customer has had an opportunity to personally inspect the equipment and finds it suitable for Customer's needs and in good condition, and that Customer understands its proper use. Customer further acknowledges Customer's duty to inspect the equipment prior to use and notify Dealer of any defects.
2. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in disrepair as a result of normal use, Customer agrees to discontinue use and notify Dealer who will replace the equipment with similar equipment in good working order, if available. Dealer is not responsible for any incidental or consequential damages caused by delays or otherwise.
3. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS.
4. POSSESSION/TITLE. Dealer owns the Equipment, and title in and to all of it will remain Dealer's at all times. Customer is entitled only to use and possess the Equipment for the Rental Period; subject to the terms of this Contract. If Customer retains any of the Equipment beyond the agreed Term without Dealer's express written consent, Customer will be deemed to have materially breached this Contract. Customer will not take, grant or permit the taking of any (and Customer hereby waives any and all) liens or other similar claims on any portion of the Equipment, and Customer will take such actions as may be necessary, at Customer's sole cost and expense, to ensure that any and all such liens are released as soon as possible.
5. HOLD HARMLESS/INDEMNITY. Customer assumes all risks associated with the possession, use, transportation and storage of the Equipment. ACCORDINGLY, CUSTOMER HEREBY WAIVES ANY AND ALL LIENS AND CLAIMS ARISING FROM OR ASSOCIATED WITH, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE DEALER FROM AND AGAINST, ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS FEES, CLAIMS FOR BODILY INJURY(IES) (INCLUDING DEATH), PROPERTY DAMAGE, LOSS OF TIME AND/OR INCONVENIENCE) RESULTING FROM OR ARISING IN CONNECTION WITH SUCH POSSESSION, USE, TRANSPORTATION AND/OR STORAGE, REGARDLESS OF THE CAUSE AND INCLUDING ANY INJURIES AND/OR DAMAGES SUFFERED BY CUSTOMER, CUSTOMER'S EMPLOYEES AND/OR ANY THIRD PARTY(IES), EXCEPT TO THE EXTENT DIRECTLY RESULTING FROM DEALER'S INTENTIONAL MISCONDUCT.
6. ASSIGNMENT AND SUBLETTING. Dealer may, at Dealer's sole option, assign all or any portion of Dealer's rights and/or remedies under this Contract without Customer's consent. CUSTOMER MAY NOT ASSIGN CUSTOMER'S RIGHTS OR REMEDIES UNDER THIS CONTRACT, NOR MAY CUSTOMER SUBLEASE OR LOAN ANY OF THE EQUIPMENT TO ANY THIRD PARTY WITHOUT DEALER'S PRIOR WRITTEN CONSENT. ANY SUCH ATTEMPTED ASSIGNMENT OR SUBLEASE BY CUSTOMER WILL, AT DEALER'S OPTION, BE DEEMED VOID AB INITIO.
7. ASSUMPTION OF RISK. Customer acknowledges that the possession, use, transportation and/or storage of the Equipment may give rise to the risk of personal injury and/or property damage. CUSTOMER VOLUNTARILY ASSUMES ALL SUCH RISK AND RELEASES AND DISCHARGES DEALER AND THE EQUIPMENT FROM ANY AND ALL LIENS, LIABILITIES AND CLAIMS ARISING IN CONNECTION WITH THE SAME, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS ARISING FROM OR IN CONNECTION WITH DEALER'S NEGLIGENCE (OTHER THAN DEALER'S INTENTIONAL MISCONDUCT).
8. PROHIBITED USES. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this contract. (a) Use for illegal purpose or in illegal manner. (b) Use when the equipment is in bad repair or is unsafe. (c) Improper, unintended use or misuse. (d) Use by anyone other than Customer or his employees, without Dealer's written permission. (e) Use at any location other than the address furnished Dealer without Dealer's written permission. (Does not apply to mobile equipment.)
9. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT. Dealer may assign his rights under this contract without Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without Dealer's written permission. Any purported assignment by Customer is void.
10. TIME OF RETURN. Customer's right to possession terminates on the expiration of the rental period ("Due In" date & time) and retention of possession after this time constitutes a material breach of this contract. Time is the essence of this contract. Any extension must be mutually agreed upon in writing.
11. LATE RETURN. Customer agrees to return the rented goods during Dealer's regular store hours, upon expiration of the rental period ("Due In" date & time). Customer agrees that if the rented goods are held beyond the expiration of the rental period ("Due In" date & time) as designated in the contract, the daily rate as indicated on the contract shall be the agreed contractual rate for the entire period, notwithstanding any lesser periodic rate.
12. DAMAGED, DIRTY, OR LOST EQUIPMENT. Customer agrees to pay for any damage to or loss of the goods, as an insurer, regardless of cause, except reasonable wear and tear, while the goods are out of the possession of the Dealer. Customer also agrees to pay a reasonable cleaning charge for equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged, lost or stolen goods. Equipment lost, stolen or damaged beyond repair will be paid for at its current list price. The cost of repairs will be borne by Customer, whether performed by Dealer, or, at Dealer's option, by others.
13. COLLECTION COSTS. Customer agrees to pay all reasonable collection, attorney's and court fees and other expenses involved in the collection of the charges or enforcement of Dealer's rights under this contract.
14. REPOSSESSION. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods.
15. INSPECTION OF TRAILER HITCH. Customer agrees to inspect the trailer coupling mechanism and safety chain before leaving Dealer's premises. Customer also agrees to inspect the equipment periodically (every 100 miles) and to maintain the coupling and chain in a safe and secure condition.
16. SEVERABILITY. The provisions of this contract shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
17. LOADING AND UNLOADING EQUIPMENT. Customer is responsible for loading and unloading equipment. If Dealer's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of, and hold Dealer and/or its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Dealer.
18. PROPERTY DAMAGE. Not responsible for any damage whatsoever as a result of on-the-job deliveries or pick up by Dealer.
19. FEES, LICENSES, PERMITS, TAXES AND FINES. The Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the vehicle, equipment and any tenting (including electric and mechanical within the tent).
20. UNDERGROUND FACILITIES. Customer agrees to inform dealer of knowledge of all underground utilities (public and private) in the vicinity of the equipment installation. Customer will clearly mark all PRIVATE utilities prior to the dealer crew arriving. Installation may be delayed at the cost of the customer if these safety procedures are not followed. Dealer will call the appropriate state utility agency to mark PUBLIC utilities 3 business days prior to installation. Customer assumes full responsibility for damage to all Private underground facilities.
21. EQUIPMENT FAILURE. In the event any of the Equipment fails to start, breaks, malfunctions, becomes unsafe or is in need of maintenance or repair, Customer agrees to immediately discontinue use, notify Dealer, and if directed to do so, return the Equipment to Dealer. Customer further agrees Customer will not repair or have anyone else repair any Equipment. Failure to timely notify Dealer will result in Customer being charged for all Time Out.
22. SITE PREPARATION. If Dealer has agreed to deliver any Equipment, Customer agrees to have the Site clean and ready for the delivery and installation or dismantling and retrieval, and Customer agrees to pay an additional charge for any delay incurred, or additional labor performed by Dealer resulting from Customer's failure to timely do so.
23. INSURANCE. If any of the Equipment is to be used for a commercial purpose or is otherwise designated as Customer Insured on Page 1, Customer agrees to maintain (a) property damage and casualty insurance on an "all risks" basis for the full replacement cost of the Equipment (including without limitation, all risks of loss or damage covered by the standard extended coverage endorsement) with such deductibles, if any, as may be acceptable to Dealer in Dealer's discretion; and (b) commercial general liability insurance with minimum limits of $1,000,000 per occurrence. Such insurance shall cover all operations and contractual obligations, as well as any and all damage or liability arising in connection with the handling, transportation, maintenance, operation, use or possession of the Equipment during the Term, and shall name Dealer as an additional insured and loss payee on a "closed clause" basis. All such insurance shall be primary, without any self-insured retention, and shall waive subrogation against Dealer. Customer agrees to provide to Dealer copies of the proper endorsements for the above coverages specifying that they will not be cancelled during the Term. Any insurance Dealer carries will be deemed to be in excess of Customer's insurance.
24. EQUIPMENT PROTECTION PLAN (EPP) /DAMAGE WAIVER. A damage waiver/EPP fee may be applied to rental items as deemed necessary by the Lessor to cover routine cleaning and maintenance of rental items as well as accidental damage up the amount of $75.00. If applied, this fee is not insurance or warranty. The EPP fee may apply to, but is not limited to, the following items: glassware, dishware, flatware, linens, drapes and glass decor. This fee does not cover lost items, theft, disappearance of items, misuse or abuse of items. Broken items must be returned to Lessor for inspection, otherwise they will be considered stolen and full replacement cost will be assessed. Determination of accidental damage is at the discretion of the Lessor and Lessor will be allowed 72 hours to inspect items after return. Items lost, stolen or abused, will be billed at full replacement cost.
25. WAIVER OF JURY TRIAL. Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This waiver pertains to all disputes that may relate to the subject matter hereof, including, without limitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A) understands that this is a waiver of important legal rights and (B) acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights.
26. DELIVERY/ PICK UP. Delivery must be made at ground level within 50ft or less of the delivery vehicle. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs. If this service is required, arrangements should be made several days prior to delivery with a special charge quote and if times allows in lessor schedule. On pick up where no arrangements have been made and equipment is not knocked down and assembled in one sheltered area, tables and chairs will be left until the next day when a special crew can be scheduled. There will be an additional one-day rental. A knock down fee will result if equipment is still up.
27. CLEANING. China, glassware, and flatware must be returned clean and repacked properly in boxes provided or additional charges will be assessed. Special cleaning deposits may be charged on BBQ grills and cooking equipment.
28. WEATHER RELATED RISKS. Lessee assumes all weather-related risks involved in holding an outdoor tented event. Lessor will endeavor to minimize said risk, however, should the tenting become unusable due to high wind, rain, snow, flooding, extreme cold or heat, or any other factor beyond the Lessor's control, Lessee shall still be liable for payment in full of all charges for rented items. There are no refunds or credits due to inclement weather. In the event of severe weather and lighting, the tent should be evacuated.
29. MATERIAL. All tents are subject to stretching and retracting of up to 5% of listed sizes and although all tents have been impregnated with waterproofing compound, no tents are guaranteed to be absolutely waterproof, and are to be considered temporary shade structures.
30. COOKING/FIRE UNDER TENTS. Lessee agrees not to do any type of cooking or use heating elements, such as grills, fire pits or heaters (unless approved by Lessor) under or within a reasonable distance of the tent. Lessee assumes full responsibility and costs incurred for damage and/or cleaning expense to tent tops due to cooking process/heat/fire under or near tents.
31. ELECTRIC POWER AND LIGHTING. Lessee agrees to furnish Lessor access to, and the right to use Lessee's electrical and power lines for the installation and operation of the rented equipment.
32. DEPOSITS & RESERVATIONS. REFER TO CHART BELOW FOR PAYMENT TIMELINES. Rented items identified in the quote will be reserved only on the Lessor's receipt of a 50% non-refundable deposit (down payment) and a signed rental contract. This deposit will not be refunded due to cancellation. Final payment of remaining balance and final item count are due 14 calendars days before the event date. Reservations made 14 days or less before the event date require 100% payment. No rental items will be scheduled for delivery until the reservation balance is paid in full 100%. If there is a delay in balance payment, the delivery time may also be rescheduled.
33. SPECIAL ORDERS. Any special order items (ex. linens) for the reservation are to be paid in full upon reservation and are nonrefundable
34. ORDER CHANGES. Item counts can be reduced no more than 25% and must be done no less than 14 days prior to the event date when the remaining balance is due. (This applies to items such as tables, chairs, tableware, glassware). Once reserved, tent sizes cannot be reduced. Requests to increase tent sizes or add additional rental items may be considered if given more than 14 days notice, and is based upon availability of items and dealer staffing.
35. CANCELLATIONS. REFER TO CHART BELOW FOR CANCELLATION TIMELINES. Deposits are always non refundable, as these items are held (reserved) for the customer (lessee) and unavailable for other customers to rent. Any added fees for special order items, tent permitting, or site inspections are non refundable. There are no refunds or credits for cancellations due to weather. Customer is also subject to a 3% credit card refund fee, if applicable.
36. CUSTOMER CREDIT: Any customer credit (rain check) received will expire one year from the original event date and is subject to item and date availability in addition to any price changes.
37. DATE CHANGE REQUESTS. Requests for event date change may be considered by lessor, if given 45 days or more notice. If less than 45 days notice, additional fees may apply. Customer may be subject to any price changes. and is also pending available inventory. Customer 50% deposit will be applied to the new date (minus any applicable fees or special order items).
38. NET 30 CUSTOMERS. Lessor requires a signed contract for all orders. A deposit is not required if the account is in good standing, according to Lessor's terms, but a PO# may be requested to reserve rental items. Cancellation policy is as follows: If cancelled 30 calendar days prior to the event date, cancellation fee is 15% of the order balance, 14 calendar days or less cancellation fee is 25% of the order balance, 7 calendar days or less cancellation fee is 50% of the order balance. Special order items, site inspection fees and permitting fees are nonrefundable. Order quantities must be finalized 14 days prior to delivery or pick up. Item quantities can be reduced no more than 25%. Accounts are due within 30 days of the termination of the rental period to avoid additional fees.
39. COVID 19 IDEMNIFICATION: Both parties hereby voluntarily and expressly agree to defend and hold harmless each other and its affiliates and each of their respective families, owners, agents, representatives, employees and contractors from and against any claim, demand, cause of action, suit or other proceeding arising from or relating to exposure, infection, and/or spread of COVID-19 while using Companies goods or services.
40. FUEL SURCHARGE: A fuel surcharge may be added to delivery orders, in addition to the delivery charge. This may be added on up to 14 days before the event date.
PAYMENT TIMELINE
Orders placed 15 days prior to the event date time of order: 50% payment (deposit) due to reserve items.
Remaining Balance due 14 days prior to event date (100% paid in full).
Orders placed 14 days or less prior to event date:100% payment due at the time of order to reserve items.
CANCELLATION TIMELINE
15 calendar days before event date <50% nonrefundable> Cancellation fee is 25% of order balance-- 25% customer credit
7-14 calendar day before event date <100% nonrefundable>Cancellation fee is 50% of order balance-- 50% customer credit
Less than 7 days before event date <100% nonrefundable> Cancellation fee is 100% of order balance-- 0% customer credit
RENTAL DEPOSITS ARE NON REFUNDABLE.
A SIGNED RENTAL CONTRACT AND FULL PAYMENT ARE REQUIRED FOR ORDER FULFILLMENT.
A LARGER FONT COPY OF THESE TERMS AND CONDITIONS IS AVAILABLE UPON REQUEST.
© 2020 by Business Forms by In-A-Bind, Inc., All Rights Reserved. (18295) Unauthorized reproduction and/or redistribution strictly prohibited.
UPDATED FEBRUARY 28TH, 2022
1. INSPECTION. Customer acknowledges that Customer has had an opportunity to personally inspect the equipment and finds it suitable for Customer's needs and in good condition, and that Customer understands its proper use. Customer further acknowledges Customer's duty to inspect the equipment prior to use and notify Dealer of any defects.
2. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in disrepair as a result of normal use, Customer agrees to discontinue use and notify Dealer who will replace the equipment with similar equipment in good working order, if available. Dealer is not responsible for any incidental or consequential damages caused by delays or otherwise.
3. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS.
4. POSSESSION/TITLE. Dealer owns the Equipment, and title in and to all of it will remain Dealer's at all times. Customer is entitled only to use and possess the Equipment for the Rental Period; subject to the terms of this Contract. If Customer retains any of the Equipment beyond the agreed Term without Dealer's express written consent, Customer will be deemed to have materially breached this Contract. Customer will not take, grant or permit the taking of any (and Customer hereby waives any and all) liens or other similar claims on any portion of the Equipment, and Customer will take such actions as may be necessary, at Customer's sole cost and expense, to ensure that any and all such liens are released as soon as possible.
5. HOLD HARMLESS/INDEMNITY. Customer assumes all risks associated with the possession, use, transportation and storage of the Equipment. ACCORDINGLY, CUSTOMER HEREBY WAIVES ANY AND ALL LIENS AND CLAIMS ARISING FROM OR ASSOCIATED WITH, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE DEALER FROM AND AGAINST, ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS FEES, CLAIMS FOR BODILY INJURY(IES) (INCLUDING DEATH), PROPERTY DAMAGE, LOSS OF TIME AND/OR INCONVENIENCE) RESULTING FROM OR ARISING IN CONNECTION WITH SUCH POSSESSION, USE, TRANSPORTATION AND/OR STORAGE, REGARDLESS OF THE CAUSE AND INCLUDING ANY INJURIES AND/OR DAMAGES SUFFERED BY CUSTOMER, CUSTOMER'S EMPLOYEES AND/OR ANY THIRD PARTY(IES), EXCEPT TO THE EXTENT DIRECTLY RESULTING FROM DEALER'S INTENTIONAL MISCONDUCT.
6. ASSIGNMENT AND SUBLETTING. Dealer may, at Dealer's sole option, assign all or any portion of Dealer's rights and/or remedies under this Contract without Customer's consent. CUSTOMER MAY NOT ASSIGN CUSTOMER'S RIGHTS OR REMEDIES UNDER THIS CONTRACT, NOR MAY CUSTOMER SUBLEASE OR LOAN ANY OF THE EQUIPMENT TO ANY THIRD PARTY WITHOUT DEALER'S PRIOR WRITTEN CONSENT. ANY SUCH ATTEMPTED ASSIGNMENT OR SUBLEASE BY CUSTOMER WILL, AT DEALER'S OPTION, BE DEEMED VOID AB INITIO.
7. ASSUMPTION OF RISK. Customer acknowledges that the possession, use, transportation and/or storage of the Equipment may give rise to the risk of personal injury and/or property damage. CUSTOMER VOLUNTARILY ASSUMES ALL SUCH RISK AND RELEASES AND DISCHARGES DEALER AND THE EQUIPMENT FROM ANY AND ALL LIENS, LIABILITIES AND CLAIMS ARISING IN CONNECTION WITH THE SAME, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS ARISING FROM OR IN CONNECTION WITH DEALER'S NEGLIGENCE (OTHER THAN DEALER'S INTENTIONAL MISCONDUCT).
8. PROHIBITED USES. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this contract. (a) Use for illegal purpose or in illegal manner. (b) Use when the equipment is in bad repair or is unsafe. (c) Improper, unintended use or misuse. (d) Use by anyone other than Customer or his employees, without Dealer's written permission. (e) Use at any location other than the address furnished Dealer without Dealer's written permission. (Does not apply to mobile equipment.)
9. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT. Dealer may assign his rights under this contract without Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without Dealer's written permission. Any purported assignment by Customer is void.
10. TIME OF RETURN. Customer's right to possession terminates on the expiration of the rental period ("Due In" date & time) and retention of possession after this time constitutes a material breach of this contract. Time is the essence of this contract. Any extension must be mutually agreed upon in writing.
11. LATE RETURN. Customer agrees to return the rented goods during Dealer's regular store hours, upon expiration of the rental period ("Due In" date & time). Customer agrees that if the rented goods are held beyond the expiration of the rental period ("Due In" date & time) as designated in the contract, the daily rate as indicated on the contract shall be the agreed contractual rate for the entire period, notwithstanding any lesser periodic rate.
12. DAMAGED, DIRTY, OR LOST EQUIPMENT. Customer agrees to pay for any damage to or loss of the goods, as an insurer, regardless of cause, except reasonable wear and tear, while the goods are out of the possession of the Dealer. Customer also agrees to pay a reasonable cleaning charge for equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged, lost or stolen goods. Equipment lost, stolen or damaged beyond repair will be paid for at its current list price. The cost of repairs will be borne by Customer, whether performed by Dealer, or, at Dealer's option, by others.
13. COLLECTION COSTS. Customer agrees to pay all reasonable collection, attorney's and court fees and other expenses involved in the collection of the charges or enforcement of Dealer's rights under this contract.
14. REPOSSESSION. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods.
15. INSPECTION OF TRAILER HITCH. Customer agrees to inspect the trailer coupling mechanism and safety chain before leaving Dealer's premises. Customer also agrees to inspect the equipment periodically (every 100 miles) and to maintain the coupling and chain in a safe and secure condition.
16. SEVERABILITY. The provisions of this contract shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
17. LOADING AND UNLOADING EQUIPMENT. Customer is responsible for loading and unloading equipment. If Dealer's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of, and hold Dealer and/or its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Dealer.
18. PROPERTY DAMAGE. Not responsible for any damage whatsoever as a result of on-the-job deliveries or pick up by Dealer.
19. FEES, LICENSES, PERMITS, TAXES AND FINES. The Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the vehicle, equipment and any tenting (including electric and mechanical within the tent).
20. UNDERGROUND FACILITIES. Customer agrees to inform dealer of knowledge of all underground utilities (public and private) in the vicinity of the equipment installation. Customer will clearly mark all PRIVATE utilities prior to the dealer crew arriving. Installation may be delayed at the cost of the customer if these safety procedures are not followed. Dealer will call the appropriate state utility agency to mark PUBLIC utilities 3 business days prior to installation. Customer assumes full responsibility for damage to all Private underground facilities.
21. EQUIPMENT FAILURE. In the event any of the Equipment fails to start, breaks, malfunctions, becomes unsafe or is in need of maintenance or repair, Customer agrees to immediately discontinue use, notify Dealer, and if directed to do so, return the Equipment to Dealer. Customer further agrees Customer will not repair or have anyone else repair any Equipment. Failure to timely notify Dealer will result in Customer being charged for all Time Out.
22. SITE PREPARATION. If Dealer has agreed to deliver any Equipment, Customer agrees to have the Site clean and ready for the delivery and installation or dismantling and retrieval, and Customer agrees to pay an additional charge for any delay incurred, or additional labor performed by Dealer resulting from Customer's failure to timely do so.
23. INSURANCE. If any of the Equipment is to be used for a commercial purpose or is otherwise designated as Customer Insured on Page 1, Customer agrees to maintain (a) property damage and casualty insurance on an "all risks" basis for the full replacement cost of the Equipment (including without limitation, all risks of loss or damage covered by the standard extended coverage endorsement) with such deductibles, if any, as may be acceptable to Dealer in Dealer's discretion; and (b) commercial general liability insurance with minimum limits of $1,000,000 per occurrence. Such insurance shall cover all operations and contractual obligations, as well as any and all damage or liability arising in connection with the handling, transportation, maintenance, operation, use or possession of the Equipment during the Term, and shall name Dealer as an additional insured and loss payee on a "closed clause" basis. All such insurance shall be primary, without any self-insured retention, and shall waive subrogation against Dealer. Customer agrees to provide to Dealer copies of the proper endorsements for the above coverages specifying that they will not be cancelled during the Term. Any insurance Dealer carries will be deemed to be in excess of Customer's insurance.
24. EQUIPMENT PROTECTION PLAN (EPP) /DAMAGE WAIVER. A damage waiver/EPP fee may be applied to rental items as deemed necessary by the Lessor to cover routine cleaning and maintenance of rental items as well as accidental damage up the amount of $75.00. If applied, this fee is not insurance or warranty. The EPP fee may apply to, but is not limited to, the following items: glassware, dishware, flatware, linens, drapes and glass decor. This fee does not cover lost items, theft, disappearance of items, misuse or abuse of items. Broken items must be returned to Lessor for inspection, otherwise they will be considered stolen and full replacement cost will be assessed. Determination of accidental damage is at the discretion of the Lessor and Lessor will be allowed 72 hours to inspect items after return. Items lost, stolen or abused, will be billed at full replacement cost.
25. WAIVER OF JURY TRIAL. Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This waiver pertains to all disputes that may relate to the subject matter hereof, including, without limitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A) understands that this is a waiver of important legal rights and (B) acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights.
26. DELIVERY/ PICK UP. Delivery must be made at ground level within 50ft or less of the delivery vehicle. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs. If this service is required, arrangements should be made several days prior to delivery with a special charge quote and if times allows in lessor schedule. On pick up where no arrangements have been made and equipment is not knocked down and assembled in one sheltered area, tables and chairs will be left until the next day when a special crew can be scheduled. There will be an additional one-day rental. A knock down fee will result if equipment is still up.
27. CLEANING. China, glassware, and flatware must be returned clean and repacked properly in boxes provided or additional charges will be assessed. Special cleaning deposits may be charged on BBQ grills and cooking equipment.
28. WEATHER RELATED RISKS. Lessee assumes all weather-related risks involved in holding an outdoor tented event. Lessor will endeavor to minimize said risk, however, should the tenting become unusable due to high wind, rain, snow, flooding, extreme cold or heat, or any other factor beyond the Lessor's control, Lessee shall still be liable for payment in full of all charges for rented items. There are no refunds or credits due to inclement weather. In the event of severe weather and lighting, the tent should be evacuated.
29. MATERIAL. All tents are subject to stretching and retracting of up to 5% of listed sizes and although all tents have been impregnated with waterproofing compound, no tents are guaranteed to be absolutely waterproof, and are to be considered temporary shade structures.
30. COOKING/FIRE UNDER TENTS. Lessee agrees not to do any type of cooking or use heating elements, such as grills, fire pits or heaters (unless approved by Lessor) under or within a reasonable distance of the tent. Lessee assumes full responsibility and costs incurred for damage and/or cleaning expense to tent tops due to cooking process/heat/fire under or near tents.
31. ELECTRIC POWER AND LIGHTING. Lessee agrees to furnish Lessor access to, and the right to use Lessee's electrical and power lines for the installation and operation of the rented equipment.
32. DEPOSITS & RESERVATIONS. REFER TO CHART BELOW FOR PAYMENT TIMELINES. Rented items identified in the quote will be reserved only on the Lessor's receipt of a 50% non-refundable deposit (down payment) and a signed rental contract. This deposit will not be refunded due to cancellation. Final payment of remaining balance and final item count are due 14 calendars days before the event date. Reservations made 14 days or less before the event date require 100% payment. No rental items will be scheduled for delivery until the reservation balance is paid in full 100%. If there is a delay in balance payment, the delivery time may also be rescheduled.
33. SPECIAL ORDERS. Any special order items (ex. linens) for the reservation are to be paid in full upon reservation and are nonrefundable
34. ORDER CHANGES. Item counts can be reduced no more than 25% and must be done no less than 14 days prior to the event date when the remaining balance is due. (This applies to items such as tables, chairs, tableware, glassware). Once reserved, tent sizes cannot be reduced. Requests to increase tent sizes or add additional rental items may be considered if given more than 14 days notice, and is based upon availability of items and dealer staffing.
35. CANCELLATIONS. REFER TO CHART BELOW FOR CANCELLATION TIMELINES. Deposits are always non refundable, as these items are held (reserved) for the customer (lessee) and unavailable for other customers to rent. Any added fees for special order items, tent permitting, or site inspections are non refundable. There are no refunds or credits for cancellations due to weather. Customer is also subject to a 3% credit card refund fee, if applicable.
36. CUSTOMER CREDIT: Any customer credit (rain check) received will expire one year from the original event date and is subject to item and date availability in addition to any price changes.
37. DATE CHANGE REQUESTS. Requests for event date change may be considered by lessor, if given 45 days or more notice. If less than 45 days notice, additional fees may apply. Customer may be subject to any price changes. and is also pending available inventory. Customer 50% deposit will be applied to the new date (minus any applicable fees or special order items).
38. NET 30 CUSTOMERS. Lessor requires a signed contract for all orders. A deposit is not required if the account is in good standing, according to Lessor's terms, but a PO# may be requested to reserve rental items. Cancellation policy is as follows: If cancelled 30 calendar days prior to the event date, cancellation fee is 15% of the order balance, 14 calendar days or less cancellation fee is 25% of the order balance, 7 calendar days or less cancellation fee is 50% of the order balance. Special order items, site inspection fees and permitting fees are nonrefundable. Order quantities must be finalized 14 days prior to delivery or pick up. Item quantities can be reduced no more than 25%. Accounts are due within 30 days of the termination of the rental period to avoid additional fees.
39. COVID 19 IDEMNIFICATION: Both parties hereby voluntarily and expressly agree to defend and hold harmless each other and its affiliates and each of their respective families, owners, agents, representatives, employees and contractors from and against any claim, demand, cause of action, suit or other proceeding arising from or relating to exposure, infection, and/or spread of COVID-19 while using Companies goods or services.
40. FUEL SURCHARGE: A fuel surcharge may be added to delivery orders, in addition to the delivery charge. This may be added on up to 14 days before the event date.
PAYMENT TIMELINE
Orders placed 15 days prior to the event date time of order: 50% payment (deposit) due to reserve items.
Remaining Balance due 14 days prior to event date (100% paid in full).
Orders placed 14 days or less prior to event date:100% payment due at the time of order to reserve items.
CANCELLATION TIMELINE
15 calendar days before event date <50% nonrefundable> Cancellation fee is 25% of order balance-- 25% customer credit
7-14 calendar day before event date <100% nonrefundable>Cancellation fee is 50% of order balance-- 50% customer credit
Less than 7 days before event date <100% nonrefundable> Cancellation fee is 100% of order balance-- 0% customer credit
RENTAL DEPOSITS ARE NON REFUNDABLE.
A SIGNED RENTAL CONTRACT AND FULL PAYMENT ARE REQUIRED FOR ORDER FULFILLMENT.
A LARGER FONT COPY OF THESE TERMS AND CONDITIONS IS AVAILABLE UPON REQUEST.
© 2020 by Business Forms by In-A-Bind, Inc., All Rights Reserved. (18295) Unauthorized reproduction and/or redistribution strictly prohibited.
UPDATED FEBRUARY 28TH, 2022