This clause should be placed on the front side of rental contract.
This CONTRACT represents the entire agreement between You and Us, and may not be amended or modified except by a subsequent written agreement signed by both You and Us.
The use of Your purchase order number on this CONTRACT is for Your convenience and identification only. This CONTRACT constitutes the sole agreement between You and Us and supersedes any purchase order provisions, whether sent or received prior to, contemporaneously with, or subsequent to the execution of this CONTRACT. Absence of a purchase order number shall not constitute grounds for non-payment of Rental Charges when You have had possession, or the right to possession, of the Rented Items.
Your right to possession of the Rental Items begins upon Rental Items leaving the Rental Center and terminates on the agreed Return Date indicated on the front of this CONTRACT. Retention of the Rental Items beyond the expiration of the Rental Period constitutes a material breach of this CONTRACT. Time is of the essence. Any extension must be mutually agreed upon in writing and signed by Us. Title to the Rental Items is and shall at all times remain in Rental Center. You shall not remove or alter any identification on the Rental Item or in any way attempt to transfer, sell or dispose of any Rental Item.
If You do not return the Rental Items prior to expiration of the Rental Period, or any mutually agreed extension thereof, and during Our regular business hours, the Rental Charges shall continue until the Rental Items is returned.
You agree to pay Us all Rental Charges promptly when due and to pay a Late Payment Charge of 1.5% per month (ANNUAL PERCENTAGE OF 18%) on any past due, unpaid balance of the Rental Charges.
You agree to pay all reasonable costs of collection, including court costs, attorneys’ fees and other actual expenses incurred by Us in the collection of the charges due under this Contract, or in the retaking of the Rental Items or in other enforcement of the terms of this Contract.
If at any time the Rental Item becomes unsafe or in a state of disrepair, You agree to immediately discontinue the use and notify Us (within one hour or less). Failure to notify Us in a timely manner will result in Your being charged the full Rental Charges. We agree, in Our discretion, to: (1) repair the Rental Items within a reasonable time; (2) provide You with like Rental Items, if available; or (3) adjust the Rental Charge. This provision does not relieve You from Your other obligations under this Contract.
DISCLAIMER OF WARRANTIES
WE MAKE NO WARRANTY AGAINST INTERFERENCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY OR REPRESENTATION THAT THE RENTAL ITEM IS FIT FOR YOUR PARTICULAR INTENDED USE, OR THAT IT IS FREE FROM LATENT DEFECTS. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THIS CONTRACT. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS, DAMAGE, OR INJURY RESULTING FROM THE USE OF, OR ANY FAILURE OF, THE RENTAL ITEM. WE WILL NOT BE RESPONSIBLE FOR ANY DEFECT OR FAILURE OR THE RENTAL ITEM UNKNOWN TO US. YOUR SOLE REMENDY FOR ANY FAILURE OF OR DEFECT IN THE RENTAL ITEM IS TERMINATION OF THE RENTAL CHARGES AT THE TIME OF FAILURE, PROVIDED THAT YOU NOTIFY US IMMEDIATELY OF SUCH FAILURE AND RETURN THE RENTAL ITEM TO US WITHIN TWENTY-FOUR (24) HOURS OF SUCH FAILURE.
You assume all risks inherent in the operation and use of the Rented Items by You and anyone else. You agree to assume the entire responsibility for the defense of, and to pay, indemnity, and hold Us harmless from, and release Us from, any and all claims for damage to property or bodily injury (including death), or for loss of time or inconvenience resulting from the use, operation or Your possession of the Rental Items, irrespective of any cause claimed or found other than Our gross negligence.
You agree to return the Rental Items by the agreed Return Date in the same condition as when the Rental Items was received, ordinary wear and tear excepted. You shall be liable for all damages to or loss of the Rental Items and liability incurred prior to return. You shall also be responsible for all costs incurred by Us in recovering and returning damaged Rental Items to Our premises. If Rental Items are to be picked up by Us, You agree to provide a secure storage location and accept all risks relative to the stored Rental Items for a reasonable period of time until We pick up the Rental Items.
You agree that upon Your failure to pay the Rental Charges or other breach of this Contract, We may terminate this Contract and WITHOUT NOTICE, take possession of and remove the Rental Items from wherever it is located, WITH OR WITHOUT PROCESS OF LAW. You further agree that We and Our agents shall not be liable for any claims for damage or trespass arising out of the removal of the Rental Items. YOU AGREE TO PAY, IN ADDITION TO RENTAL CHARGES, ALL COSTS OF REMOVAL OF THE RENTAL ITEMS FROM YOUR POSSESSION, AND ALL FREIGHT, STORAGE, LABOR, LEGAL OR OTHER COSTS AND CHARGES INCURRED BY US TO REMOVE, SHIP AND RETURN THE RENTAL ITEMS TO US.
We charge for all time out, including Saturdays, Sundays, and holidays. The Rental Period may not exceed a three (3) month time period on any one Contract. All Contracts may be renewed at Your option.
The ideas, concepts, designs, suggestions, price quotes and other information (“Information”) contained in Our Proposal(s) belong to Us. We are submitting the Information to You to help You determine whether You wish to engage Our services. You agree not to disclose the Information to anyone other than for this purpose. You agree to return the Proposal to Us upon request.
The designs, drawings, photographs and other renderings (“Design Items”) contained in this Proposal belong to US, and should not be copied, published, or used without Our written permission. We are providing these Design Items to help You determine whether You wish to engage Our services. You agree not to disclose the Design Items to any other party. You agree to return the Proposal to Us promptly upon request.
Rental Items will be reserved upon receipt of a signed Contract and a NON-REFUNDABLE deposit (cash, check or credit card).
You must cancel Your Rental Reservation within four (4) weeks of the delivery date to avoid a cancellation charge. If You cancel within four (4) weeks of the delivery date, You agree to pay a cancellation fee equal to 25% of the total Rental Charges. If You cancel less than seven (7) days prior to the delivery date, You agree to pay 50% of the total Rental Charges.
For security against missing and damaged Rental Items, and unpaid Rental Charges, a Security Deposit of 10% of the total Rental Charges is required. The Security Deposit will be refunded after We have verified that all Rental Items have been returned in good condition and any adjustments have been made for lost or damaged Rental Items and Rental Charges due. The Rental Items are accepted, as being in first-class condition and all adjustments will be made on this basis. A detailed invoice of all Rental Charges will be provided to You after the event. Any charges left unpaid will be billed to You or deducted from the Security Deposit, and/or billed to Your credit card.
You shall provide Us with a final count of the Rental Items You will require at least seven (7) days prior to Your event, at which time We will present to You an invoice for the total Rental Charges. Full payment is due at least one (1) day prior to Your event. No orders will be scheduled for delivery until final payment is received. Payment shall be made by cash, cashier’s check, money order, VISA, MASTERCARD, OR AMERICAN EXPRESS. In the event that the You have directed that the Rental Charges are billed to another person or organization and payment is not received within ten (10) days after the invoice date, You shall promptly upon receiving notice of non-payment, pay the Rental Charges and any additional charges pursuant to the terms of this Contract.
Delivery and Pickup shall be at Our convenience. You grant Us (Our agents and employees) the right to enter Your premises for the sole purpose of Delivery, Installation and Pickup of Our Rental Items. You agree to pay a Service Charge of $50 for each extra Delivery or Pickup call occasioned by You and required of Us. Chairs and tables will be delivered stacked. They must be stacked by You for Our Pickup. There is an additional charge for set-up and knock-down. Items used in the packaging and transportation of Rental Items, such as crates, boxes, cartons, racks, straps, dollies, and the like remain Our property during Your use and must be returned with the Rental Items. You agree to pay for any Rental Items that become lost or damaged.
You agree to:
You agree to pay for any damage to or loss of the Rental Items while in Your possession, regardless of cause, reasonable wear and tear excepted. Accrued Rental Charges cannot be applied against the purchase or cost of repair of damaged, lost or stolen Rental Items. Rental Items not returned when due, or damaged beyond repair, will be paid for at their cost of replacement when rented. You agree to bear the costs of repairs, whether performed by Us or, at Our option, by another. Your agree to pay for the above stated losses, charges, and costs immediately upon receipt of Our Invoice.
You agree to return all linens in laundry bags, dry and debris-free. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG – MILDEW WILL RESULT. If there is obvious damage to linens, such as mildew, wax, excessive stains, burns or tears, You agree to pay the full replacement cost of the linens.
The Rental Items Protection Plan is Not Insurance. You are responsible for any loss or damage to the Rented Items and for their return in the same condition in which they were received, except for ordinary wear and tear. If you accept the Rental Item Protection Plan equal to 10% of Rental Charges, however, We agree to waive our right to recover from You the amount of loss or damage to the Rental Items. You agree to immediately notify Us of any accident and promptly submit any applicable police reports. If You have insurance, the Rental Item Protection Plan becomes secondary, and You agree to exercise all rights available to You under Your Insurance coverage and assign all claims and proceeds from Your insurance coverage to Us. Notwithstanding the foregoing, Your liability for loss of, or damage to, the Rental Items will not be waived in the following circumstances:
You shall pay Additional Charges for the following services:
We may, at Our sole option, and without reducing Our liability hereunder, subcontract all or any part of Our obligations under this Contract.
CERTIFICATION (Caterer, Event/Meeting Planner)
You acknowledge receipt of all Rental Items listed in the packing slip and that the Rental Items are in good working order and repair. Your remedies are limited to those provided for in the Contract between Us and the Caterer (or Event/Meeting Planner).
THIRD-PARTY BENEFICIARY (Caterer, Event/Meeting Planner)
You agree that this Contract shall inure to the benefit of the Customer holding the special event for which You have agreed to serve as Caterer, Event/Meeting Planner. The Customer shall be considered a third-party beneficiary. You shall be responsible for all damage to and loss of the Rental Items not caused by Ordinary Wear and Tear.
Rental Costumes must be inspected immediately upon receipt and any damages must be reported to Us on the same day as delivery. In addition:
All Rental Costumes are generic, and are not intended to duplicate or resemble any characters or designs protected by state or federal trademark law, copyright law, or the common law. You agree not to allow alteration of the Rental Costumes in any way that would cause it to imitate or resemble any widely-known design or fictional character proprietary to third parties. You agree to assume the entire responsibility for the defense of, and to pay, indemnify, and hold Us harmless and release Us from, any and all claims brought by third parties for infringing their characters or designs, whether protected by state or federal trademark law, copyright law, or the common law.
This Rental Costume is in no way intended to be a facsimile of, or to resemble, any well-known fictional character protected by trademark or copyright laws. You assume full responsibility for any modifications of the costume that might become confusingly similar to any such character.
You shall be responsible for all damage to Rental Items and/or Rental Costumes not caused by ordinary wear and tear. “Ordinary wear and tear” means only the normal deterioration of the Rental Items and/or Rental Costume caused by reasonable and proper use. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage due to cigarette burns, food, liquids, wax, stains, rips and the splitting of seams.
USED PRODUCT SALES CONTRACT – TERMS AND CONDITIONS
We hereby sell as Used Product(s) to You, identified by Your signature on the reverse side of this Contract, the product(s) described on the reverse page of this Contract subject to all terms and conditions.
You hereby acknowledge that the Used Product(s) described on the reverse side hereof which is the subject of this sale is a “Used Product” and is being sold on as “AS IS” and with “ALL FAULTS” basis.
We make No expressed warranties of MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE and We do NOT make any implied warranties of MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE or any other warranties unless We have so provided in writing and the writing is signed by Us.
You further understand that the entire risk as to the quality and performance of Used Product(s) purchased is with You and that should the Used Product(s) prove defective following this purchase, You and not Us will assume the entire costs of all necessary servicing or repairs. Furthermore, You agree to defend all times following execution of this Contract. You agree to pay all court costs and reasonable attorney’s fees and any other expenses as part of its obligation to defend, indemnify and hold Us harmless from all liabilities, claims, losses, and damages which may be asserted against Us by any persons, partnerships, corporations or other entities under this contract or concerning the Used Product(s) sold.
You hereby acknowledge that You have read all of the above terms and that You understand that this is and “AS IS” sale of Used Product(s).
NEW PRODUCT SALES – TERMS AND CONDITIONS
You agree that the only warranties provided with this product(s) are the warranties as provided by the manufacturer and that We MAKE NO WARRANTIES OR MERCHANTABILITY OF FITNESS FOR PARTICULAR PURPOSE, either expressed or implied.
This Agreement, its performance and all disputes arising hereunder, shall be governed by the laws of the state of Pennsylvania. You further agree to submit to the jurisdiction of any court in the state of Pennsylvania.