Rental Agreements - Terms & Conditions
Rental Agreement -Terms and Conditions
Bob B’s Party Rentals (Lessor) agrees to lease to Lessee the items described on the face of this Agreement or in attached schedules in accordance with the following:
1. DELIVERY: First floor/dock/or closest area accessible to delivery van/truck. Any delivery point at a distance from vehicle will be charged an additional delivery fee.
2. PICKUP: All items are to be stacked and packed as delivered or as picked up from the office. Tables and chairs are to be folded and stacked. All crates, boxes, delivery bags, etc. are to be packed and returned with rental items, or replacement cost for those storage containers will be charged to customer.
3. MISSING/STOLEN/DAMAGED ITEMS: Customer will be charged replacement costs for any rented items missing, stolen or damaged while in lessee’s possession. This includes stained linen, missing items, broken items, missing game pieces, etc., once the order is checked in at our office or upon pickup. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged items.
4. PREPARATION OF SITE AND UNDERGROUND FACILITIES: Lessee agrees to have the site upon which the rented items is to be erected free and clear of all obstacles, prior to the arrival of Lessor’s work crew. Lessee also agrees to have all tents cleared for removal prior to the arrival of Lessor’s work crew. Lessee agrees to have all underground facilities (i.e. water, gas, power lines, sprinkler systems, etc.) in vicinity of the equipment installation clearly marked at the time of the arrival of Lessor’s work crews. Lessee assumes FULL responsibility for damages to any and all underground facilities.
5. INSPECTION: Lessee acknowledges that they have had an opportunity to personally inspect the rented item(s) prior to their event and find it in good condition. Lessee understands its proper use. Lessee further acknowledges their responsibility to inspect the rented items prior to its use and to notify Lessor of any defects prior to its use.
6. REPLACEMENT OF MALFUNCTIONING EQUIPMENT: If the rented item(s) becomes unsafe or in disrepair Lessee agrees to discontinue its use and notify Lessor. Lessor will repair or replace the rented item with similar item(s), if available, and if the defects are the result of normal use. Lessor is not responsible for any incidental or consequential damages caused by delays or unavailability of the item(s), and Lessee waives any right or entitlement to these damages.
7. WARRANTIES: Lessor is not the manufacturer nor the agent of the manufacturer of the rented equipment and no warranty against patent or latent defects in material, workmanship or capacity is given. Lessee expressly waives all such warranties of fitness that may be accorded by law. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suited for customers intended use, or that it is free from defects, and any and all warranties of fitness, or otherwise, are expressly and specifically waived by customer. Further, there are no express or implied warranties given.
8. TIME OF RETURN/PICKUP: Lessee’s right of possession terminates at the expiration of the rental period and retention of rental items after this time constitutes a material breach of Lessee’s obligation under this contract. Time is of the essence in this agreement. Any extension, at Lessor’s election, must be mutually agreed upon in writing.
9. DISPUTES: If there is any dispute about or involving Lessor, you agree that any disputes shall be governed by the laws of the State of Michigan. You further agree to exclusive personal jurisdiction and venue in Oakland County Circuit Court (if the amount of damages alleged exceeds $25,000.00) or 51st District Court in Waterford, Michigan (if the damages alleged is less than $25,000.00).
10. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT: The Lessor may assign its right under this contract with Lessee’s consent, but will remain bound by all obligations herein. The Lessee may not sublease or loan the equipment without the Lessor’s written permission. Any purported assignment by the Lessee is void.
11. RETURN OF RENTED ITEMS: At the termination of this agreement, Lessee shall return all rented items to Lessor’s premises during Lessor’s regular business hours, in the condition as when delivered to Lessee, subject only to reasonable wear and tear.
12. INSPECTION BY LESSOR: Lessor shall have the right to enter any premises where the rented items may be located for the purpose of inspecting same, observing its use, or removing it from Lessee’s premises.
13. PERMITS AND LICENSES: Lessee shall, at their own expense and prior to installation, provide all necessary permits, licenses and other consents.
14. LINENS: Table linens are inspected prior to pickup and upon return. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG-MILDEW WILL RESULT. If there is damage such as mildew, excessive stains, burns or tears, Lessee will be charged the cost of the linen and keep same as though it was a sale. Return all linens dry and free of waste.
15. COLLECTION COSTS: The Lessee agrees to pay all collection costs including, but not limited to attorney fees, court costs and other expenses involved in the collection of charges and/or enforcement of Lessor’s rights under this contract.
16. WEATHER RELATED RISKS: The Lessee assumes all weather related risks involved with holding an outdoor tented event. Lessor will attempt to minimize said risk. However, should the tenting become unusable due to weather conditions or any other factor beyond Lessor’s control, Lessee shall still be liable for payment in full of all charges. All outdoor games must be taken inside when not in use. In addition, All tents are subject to stretching and retracting up to a certain percentage of listed sizes and although all tents have been impregnated with waterproofing compound, no tents are guaranteed to be waterproof, and are to be considered temporary shade structures only.
17. COOKING UNDER TENTS: Lessee agrees not to do any cooking under or near rented tents.
18. ELECTRIC POWER AND LIGHTING: Lessee agrees to provide access to Lessee’s electrical and power system for the installation and operation of rented items.
19. DEPOSITS: To reserve any item a deposit in the amount equal to 50% of the total charges of the rented items is required to paid prior to the event. Deposits may be paid by cash, check (If time permits), or credit/debit card. In the event of cancellation, all deposits are non-refundable.
20. ADDITIONS/DELETIONS: No reductions/deletions are accepted once the order has been placed. Additions may be made as long as supplies are available.
21. RETURNED CHECK POLICY: In the event that a check is returned from the bank (for any reason), Lessee agrees to pay the entire rental charges plus any additional fees associated with return immediately.
22. PAYMENT: All remaining balances must be paid by the time of delivery in cash or credit card ONLY (NO Checks). Events exceeding $500.00 after the deposit has been applied must be paid by check seven (7) days prior to the event or paid in cash ONLY at the time of delivery.
23. CUSTOMER PICKUPS AND RETURNS: Lessee is responsible for calling to make sure that the Lessor is in the office prior to picking up the rented items and also prior to dropping off the rented items. In the event Lessee does NOT return the rented items by the agreed upon time, Lessee will be charged at full price for another rental day, each and every consecutive day, until the items are returned to Lessor.
24. CREDIT CARD AUTHORIZATION: Lessee authorizes Lessor to charge Lessee’s credit card for any damages incurred to rented items during Lessee’s possession of rented items.
25. LESSOR’S RIGHT TO CANCEL: Lessor reserves the right to cancel Lessee’s rental, for any reason at any time, without prior notice. In the event that this occurs, Lessor will return the full deposit back to Lessee within 30 days.
26. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT: LESSEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS LESSOR, ITS EMPLOYEES, AGENTS, OFFICERS AND ASSIGNS FROM AND AGAINST ALL CLAIMS, LIABILITIES, OBLIGATIONS, LOSSES, DEMANDS, DAMAGES, INJURIES (INCLUDING, BUT NOT LIMITED TO, BOLDILY INJURY, ILLNESS AND DEATH), PENALTIES, SUITS, ACTIONS, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, OF WHATSOEVER KIND AND NATURE, RELATING TO OR ARISING FROM OR IN CONNECTION WITH THE USE, CONDITION (INCLUDING, BUT NOT LIMITED TO LATENT AND OTHER DEFECTS AND WHETHER OR NOT DISCOVERABLE BY LESSEE OR LESSOR), OPERATION, OWNERSHIP, SELECTION, DELIVERY, LEASING, OR RETURN OF EQUIPMENT, REGARDLESS OF WHERE, HOW AND BY WHOM OPERATED, OR ANY FAILURE ON THE PART OF LESSEE TO PERFORM OR COMPLY WITH THE CONDITIONS OF THIS LEASE. THE INDEMNITIES AND ASSUMPTIONS OF THE OBLIGATIONS HEREIN PROVIDED FOR SHALL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR OTHER TERMINATION OF THE LEASE.