RENTAL CONTRACT AGREEMENT
TERMS AND CONDITIONS
1. INSPECTION. Customer acknowledges that he has had an opportunity to personally inspect the equipment, and finds it suitable for his needs and in good condition, and that he understands its proper use. Customer further acknowledges his 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 MERCHANTIBILITY OR FITNESS EITHER EXPRESS OR IMPLIED. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR THE CUSTOMER’S INTENDED USE, OR THAT IT IS FREE OF DEFECT. FURTHER CUSTOMER TAKES THE EQUIPMENT “AS IS” AND “WITH ALL FAULTS.”
4. HOLD HARMLESS/INDEMNITY. You assume all risks associated with the possession, use, transportation and storage of the Equipment. ACCORDINGLY, YOU HEREBY WAIVE ANY AND ALL LIENS AND CLAIMS ARISING FROM OR ASSOCIATED WITH, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RENTAL COMPANY 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 YOU, YOUR EMPLOYEES AND/OR ANY THIRD PARTY(IES), EXCEPT TO THE EXTENT DIRECTLY RESULTING FROM OUR INTENTIONAL MISCONDUCT.
5. ASSUMPTION OF RISK. You acknowledge that the possession, use, transportation and/or storage of the Equipment may give rise to the risk of personal injury and/or property damage. YOU VOLUNTARILY ASSUME ALL SUCH RISK AND RELEASE AND DISCHARGE US 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 OUR NEGLIGENCE (OTHER THAN OUR INTENTIONAL MISCONDUCT).
6. 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.)
7. 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.
8. 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.
9. 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.
10. DAMAGE, LOSS, THEFT, ETC. In the event of damages, loss, or theft of Dealer’s equipment or its parts, Customer, as the insurer, shall irrespective of the Customer or third party’s fault, shall pay Dealer the amount of all resulting loss and expenses of Dealer (including but not limited to replacement or recovery costs, repair costs, compensation for decline in value and loss of rental revenue). The cost of repairs shall be borne by Customer, whether performed by Dealer, or at Dealer’s option, by a third party. Equipment lost, stolen, or damaged beyond repair shall be paid at its current list price. The loss of rental revenue shall be calculated as a daily rental charge until the day the equipment or replacement equipment will again be available to Dealer. Customer agrees to pay a reasonable cleaning charge for equipment returned dirty, and to all pay rental charges while the equipment is out of service for cleaning. This provision applies to the equipment provided by Dealer, but also to all accessories provided by Dealer, which includes but is not limited to trailers, hitches, straps, and any other Dealer’s property Dealer in Customer’s possession.
11. TIME OF PAYMENT. Accounts are due and payable at the termination of the rental period. A carrying charge of 1.5% per month (ANNUAL RATE OF 18%) will be charged on all overdue accounts.
12. 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.
13. 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.
14. DAMAGE. ALL DAMAGE WHATSOEVER IS THE RESPONSIBILITY OF THE CUSTOMER.
15. 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.
16. PROPERTY DAMAGE. Dealer is not responsible for any damage caused by their equipment or property, which includes any damage resulting in the course of equipment delivery. That includes, but is not limited to driveways, structures, lawns, sprinkler systems, gardens, culverts, pipes, septic tanks, drain fields, and flowerbeds.
17. CHARGES. The Customer shall pay all charges required under this Agreement upon demand. The Customer agrees that mileage and time charges on the front side of this Agreement are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days and/or miles are actually used. No pro-rations will be made by Licensee.
18. DELIVERY/PICK UP. Delivery is made to closest point truck can park. 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 prior to delivery/pick up with
a special charge quoted. If no arrangements are made and this service is desired on delivery/pick up, our driver must call for authorization and an additional fee will be incurred.
19. CLEANING. China, Glassware, and Flatware must be returned rinsed and repacked properly in racks provided or additional charges will be assessed. Special cleaning deposits will be charged on BBQ Grills and Cooking Equipment.
20. LINENS. Table linens are inspected prior to pick up and upon return. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG – mildew will result. If there is obvious damage such as mildew, excessive stains, burns or tears, you will be charged the cost of the linen and keep same as though it were a sale. Return all linens dry and free of waste.
21. RETAKING OF RENTAL ITEMS. Customer indemnifies and holds Dealer harmless for all injuries or damage of any kind for repossession and for all consequential and special damages. Customer shall reimburse Dealer for all reasonable costs associated in repossessing equipment.
22. LEGAL FEES. In the event an attorney is retained to enforce any provision of this Rental Agreement, the prevailing party in the dispute shall be entitled to recover reasonable attorney’s fees and court costs in such action, or proceeding, in an amount to be determined by the court.
23. WEATHER RELATED RISKS. Customer assumes all weather related risks involved in holding an outdoor tented event. Rental Center will endeavor to minimize said risk, however, should the tenting become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Rental Center’s control, Customer shall still be liable for payment in full of all charges.
24. PREPARATION OF SITE. Customer agrees to have the site upon which the rental items are to be erected, free and clear of all obstacles, natural and man made, prior to the arrival of the Rental Center’s work crew. Customer further agrees to have all tents cleared for removal prior to our arrival. All non-rented items and decorations shall be cleared and taken from site. If Customer fails to do so, then Customer shall pay all costs involved for any delay, additional rental, and all costs including collection and legal expense.
25. 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.
26. COOKING UNDER TENTS. Customer agrees not to do any type of cooking under or within a reasonable distance of the tent. Customer assumes full responsibility and costs incurred for damage and or cleaning expense to tent tops due to cooking processes under or near tents.
27. ELECTRIC POWER AND LIGHTING. Customer agrees to furnish Rental Center access to, and the right to use Customer’s electrical and power lines for the installation and operation of the rental items.
28. UNDERGROUND FACILITIES. Customer agrees to have all Underground Facilities, in the vicinity of the Equipment installation, clearly marked prior to the arrival of Rental Center’s work crews. Customer assumes full responsibility for damage to all Underground Facilities. To identify Underground Facilities, Customer must call one week prior to installation.
29. REFUNDS OR ALLOWANCES. NOTIFY TETON RENTAL IMMEDIATELY IF EQUIPMENT DOES NOT FUNCTION PROPERLY OR NO REFUND OR ALLOWANCES WILL BE MADE.
METERED RATES OVERRIDE DAILY RATES
1 DAY = 8 HOURS
1 WEEK = 40 HOURS
4 WEEKS = 160 HOURS
1 DAY = 24 HOURS
1 WEEK = 7 DAYS
MONTH = 4 WEEKS
PROMPT RETURN OF YOUR RENTALS SAVES YOU MONEY. • ALL TIME IS CHARGED INCLUDING SATURDAY, SUNDAY, HOLIDAYS, FRACTIONS OF HOURS AND NIGHTS. • NOTIFY TETON RENTAL IMMEDIATELY IF EQUIPMENT DOES NOT FUNCTION PROPERLY OR NO REFUND OR ALLOWANCES WILL BE MADE. • A CLEANING CHARGE WILL BE MADE FOR EQUIPMENT RETURNED UNCLEAN.
ALL DAMAGE WHATSOEVER IS THE RESPONSIBILITY OF THE CUSTOMER.