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 OR MERCHANTABILITY OR FITNESS, EITHER EXPRESS OR IMPLIED. There is no warranty that the equipment is suited for Customer’s intended use, or that it is free from defects. “IN NO EVENT SHALL DEALER BE LIABLE FOR CONSEQUENTIAL DAMAGES” YOU ARE RENTING EQUIPMENT ON AN “AS IS, WHERE IS” BASIS
4. HOLD HARMLESS AGREEMENT. Customer agrees to assume the risks of, and hold Dealer harmless for, property damage and personal injuries caused by the equipment and/or arising out of Dealer’s negligence.
5. 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.)
6. 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.
7. TIME OR 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.
8. 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.
9. DIRTY, DAMAGED 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 which is lost, stolen or is damaged beyond reasonable cost of repair is the sole and exclusive responsibility of the customer. Such equipment will be paid for by the Customer at the current list price without reduction for depreciation, usage or wear and tear.” The cost of repairs will be borne by the Customer, whether performed by the Dealer or, at Dealer’s option, by others.
10. TIME OF PAYMENT. Accounts are due and payable at the termination of the rental period. A carrying charge of 2% per month (ANNUAL RATE OF 26.82%) will be charged on all overdue accounts.
11. COLLECTION COSTS. In the event of default by Customer under this agreement, Customer agrees to pay all costs of collection and litigation, including attorney’s fees. There will be added to the amount due hereunder minimum attorney’s fees of twenty-five percent (25%) of the amount otherwise due. Customer waives any rights to trial by jury.
12. 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.
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. LOADING AND UNLOADING GOODS. Customer is responsible for loading and unloading the goods. If Dealer’s employees assist in loading or unloading the goods, Customer agrees to assume the risk of, and hold Dealer harmless fro, any property damage or personal injuries, including damage or injuries attributable to the negligence of the Dealer or his employees. Dealer is not liable for damage to Customer’s bumper or automobile done by detachable hitches, towbars or other detachable equipment.
15. DAMAGE WAIVER CHARGE. (DWC) If accepted by Customer, Dealer agrees in consideration of an additional; charge of 14% of the gross rental charges, to modify the responsibilities of Customer created in paragraph 9 (Dirty Damaged or Lost Equipment) regarding equipment damaged while in Customer’s possession or control. Notwithstanding paragraph 9 above, Damage Waiver covers up to $5000 worth of damage. Customer accepting Damage Waiver is not responsible for damage to the rental equipment, except as follows:
a. Damage of accessory equipment, such as electric cords, drill bits, points and chisels, batteries, hoses belts, tires, etc.
b. Damage due to Customers neglect, misuse or abuse, such as failure to check oil levels and oil filters, using improper fuel or long extension cords, trailer damage such as breaking lights or jackknifing. DWC does Not cover Vandalism, Theft, or Mysterious Disappearance. DWC IS NOT INSURANCE.
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. CLEANING. China, Glassware, and Flatware must be returned rinsed and repacked properly in boxes provided or additional charges will be assessed. Special cleaning deposits will be charged on BBQ Grills and Cooking Equipment.
18. 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.
19. PERMITS AND LICENSES. Customer shall at its own expense, and prior to the installation of the equipment provide all necessary permits, licenses, and other consents.
20. WEATHER RELATED RISKS. Customer assumes all weather related risks involved in holding an outdoor tented event. Dealer 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 Dealer’s control, Customer shall still be liable for payment in full of all charges.
21. PREPARATION OF SITE. Customer agrees to have the site upon which the equipment is to be erected, free and clear of all obstacles, natural and man made, prior to the arrival of the Dealer’s work crew. Customer further agrees to have all tents cleared for removal prior to our arrival. All non-leased equipment 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.
22. 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.
23. 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.
24. ELECTRIC POWER AND LIGHTING. Customer agrees to furnish Dealer access to, and the right to use Customer’s electrical and power lines for the installation and operation of the rented equipment.
25. UNDERGROUND FACILITIES. Customer agrees to have all Underground Facilities, in the vicinity of the Equipment installation, clearly marked prior to the arrival of Dealer’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.
“CALL BEFORE YOU DIG 1-800-382-5544”
Failure, refusal or neglect to return the rented goods within seventy-two (72) hours after the agreed rental period has expired, or the presenting by customer of false, fictitious or misleading identification is prima facie evidence that the customer is exerting unauthorized control over the rented goods with the intention to commit the crimes of conversion and theft.