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Andrews Party Rental - Rental Contract
This is a rental contract. You should familiarize yourself with its unusual features so that no misunderstandings of Your obligations occur. The words “Customer,” You” and “Your” mean the person who signs the Rental Contract (or is obligated under its terms). “Rental Center,” “We,” “Our,” and “Us
refer to The Party Rental Specialist, LLC DBA Andrews Party Rental.
Entire Agreement and Modification. 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.
Facsimile Copies. In instances where neither party can produce an original counterpart of this Agreement or any amendment thereto, a facsimile copy shall be treated as the original.
Applicable Law. This Rental Agreement shall be subject to and governed by the laws of the State of Arizona.
Severability. Should any provision of this Rental Contract be held to be invalid or unenforceable, the remainder of the provisions shall not be affected but be given full effect without regard to the invalid or unenforceable portions.
Possession/Title. Your right to possession of the Rental Items begins upon receipt of the Rental Items and terminates on the agreed Return Date indicated on the first page of this contract. Retention of the Rental Items beyond the expiration of this Rental Contract constitutes a material breach of the 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.
Rental Period. We charge for all time out, including Saturday, Sundays and Holidays.
Return of Equipment. You agree to return the Rented Equipment and Items (“Equipment”) by the agreed Return Date in the same condition as when the Equipment was received, ordinary wear and tear excepted. You shall be liable for all damages to or loss of the Equipment and liability incurred prior to return. You shall also be responsible for all costs incurred by Us in recovering and returning damaged Equipment to Our premises. If Equipment is to be picked up by Us, You agree to provide a secure storage location and accept all risks relative to the stored Equipment until We pick up the Equipment.
Failure to Return During Business Hours. In the event the Equipment is not returned to Our Premise at a time not during Our regular business hours, You agree to pay for any damage to or loss of the equipment occurring before the return of the Equipment.
Late Return. If You do not return the Rented Items prior to expiration of the Rental Period, and during Our regular business hours, the rental rate shall continue until the Equipment is returned.
Minimum Charge. You agree to pay Us a Minimum Charge for one (1) full day’s rental, even if You return the Rented Item within that period.
Collection Cost. 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 charges due under this Contract, or in the retaking of the Rented Items or in other enforcement of the terms of this Rental Contract.
Equipment Failure. If at any time the Rental Equipment (“Equipment”) malfunctions or 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 charged for all time out. We agree, in Our discretion, to: (1) repair the Equipment within a reasonable time period; (2) provide You with like Equipment, if available; (3) make like Equipment available to You at another time (if acceptable to You); or (4) adjust the Rental Charge. The provision does not relieve You from Your other obligations under this Rental 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 rented 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 agreement. 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 rented item. We will not be responsible for and defect or failure of the rented item unknown to Us. Your sole remedy for any failure of or defect in the rented item is termination of the rental charges at the time of failure, provided that You notify Us immediately of such failure and return the item to Us with twenty-four (24) hours of such failure.
Hold Harmless and Indemnity. You assume all risks inherent in the operation and use of the Rental Items by You and anyone else. You agree to assume the entire responsibility for the defense of, and to pay, indemnify, and hold Us harmless from, and release Us from, any and all claims from 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 Rented Items, irrespective of any cause claimed or found other than Our gross negligence.
Assumption of Risk. You are fully aware and acknowledge that there is a risk of injury or damage arising out of the use or operation of the Equipment and voluntarily elect to enter into this Rental Contract and assume all of the risks of injury or damage. You agree to release and discharge Us from any and all responsibility or liability from such injury or property damage arising out of the use or operation of the Equipment during the Rental Period. You further agree to waive, release and discharge any and all claims for injury or damage against Us which You may be otherwise entitled to assert.
Care of Equipment. You are the insurer of the Rental Equipment and Items (“Equipment”) and assume the entire risk of all loss and damage, regardless of cause, with respect to the Equipment, reasonable wear and tear excepted. Accrued rental charges may not be applied against the purchase or replacement of damaged, lost or stolen Equipment, Equipment unreturned when due or damaged beyond repair, must be paid for by You at its full current replacement cost, including all shipping and handling charges. The cost of repairs will be borne by You whether performed by Us or, at Our option, by another. You also agree to pay a reasonable cleaning charge for Equipment or other Items returned unclean. You agree to pay Us for the above stated losses, charges and costs immediately upon receipt of Our invoice and authorize Us to charge Your credit card. You also agree to: Protect Equipment and other Items from the elements during the time of delivery, use, storage, and waiting period before pickup, and to rinse and repack dinnerware (flatware, glassware, china and serving pieces) and return in the boxes or containers in which they were delivered.
Linens. You agree to return all linens in laundry bags, dry and debris free. DO NOT PLACE WET LINENS IN ANY BAG. Use a large linen to bundle the other linens. If there is damage to linens, such as mildew, wax, excessive stains, burns, or tears, You agree to pay the full replacement cost of the linens.
Damage Waiver. Damage waiver is not insurance. This is non –refundable. You are responsible for any loss of or damage to the Rented Equipment and Items (“Equipment”) and for their return in the same condition in which they were received, except for ordinary wear and tear. If You accept the Damage Waiver Charge of 8% of the rental amount, however, We agree to waive Our right to recover from You the amount of or damage to the Equipment while in Your possession. You agree to immediately notify Us of any accident and promptly submit any applicable police reports. If You have insurance, the Damage Waiver becomes secondary, and You agree to exercise all rights available to You under claims and proceeds from Your insurance coverage to Us. Notwithstanding the foregoing, Your liability for loss of or damage to the Equipment will NOT BE WAIVED in the following circumstances:
Any Item or part thereof which is not returned, irrespective of the reason, including theft, burglary or mysterious disappearance.
Reckless, careless or abusive operation or use of the Equipment.
Use or operation of the Equipment exceeding its rated capacity.
Damage to refrigerators, ovens, fans, or other electrical appliances by use non-utility generated power and/or the use of extension cords.
Loss or damage caused by dishonesty of Your employees, or wrongful conversion by any person whom You allow to possess the Equipment.
Operation or use of the Equipment in a manner inconsistent with the instructions.
Damage resulting from vandalism, malicious mischief, or intentional abuse.
Water damage, whether caused by the elements, irrigation, flood or any other water source.
Damage resulting from overturning or striking overhead objects.
Damage resulting from use of the Equipment in violation of any terms of the rental contract.
Damaged Equipment has to be returned to Us as proof of damage.
Receipt/Inspection of Equipment. Your are renting the Equipment and Items (“Equipment”) on an “AS-IS” basis. You acknowledge that You have personally inspected the Equipment at the time of rental and determined that it is suitable for Your needs. You acknowledge receipt of all Items listed in this Rental Agreement and that the Equipment is in good working order and repair.
Use of Equipment and Items. You agree that:
You are satisfied with the instruction we have given You in the proper and safe manner of using the Rented Equipment (“Equipment”), and have either read or will read before use, all manuals, written operating instructions and warnings supplied for the Equipment; or, that You are so familiar with the Equipment and its proper and safe use, and have told Us so, that such instruction is unnecessary.
The Equipment will be used only at the address designated unless You obtain Our written permission to use it elsewhere.
The Equipment will not be used for any illegal purpose or in any illegal manner.
The Equipment will be used only for the proper purpose for which it was manufactured and intended.
You shall not allow any person to use or operate the Equipment when in need of repair or when in an unsafe condition or situation.
You will not abuse, misuse or harm the Equipment, or permit any repairs to the Equipment without Our prior written permission, or allow a lien to be placed upon the Equipment.
You will check, clean and visually inspect the Equipment at least daily and notify Us when Equipment is in need of repair or maintenance or is not properly functioning. You acknowledge that We have no responsibility to inspect the Equipment while it is in Your possession.
At Your sole cost and expense, You will comply with all municipal, county, state and federal laws, ordinances and regulations that may apply to the use of the Equipment during the rental period. You further agree to pay all fines, fees, and taxes, and to obtain all necessary licenses and permits arising from Your use of the Equipment.
You agree to give Us notice of any attempted levy on the Rented Items while they are in Your possession and indemnify Us for any expenses incurred by Us as a result of the levy.
Ordinary Wear and Tear. You are responsible for all damage not caused by ordinary wear and tear. “Ordinary wear and tear” means only the normal deterioration of the Equipment caused by the reasonable and proper use of the Equipment. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage due to overturning, overloading or exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; dirtying of Equipment by paint, candle wax, mud, plaster, concrete, resin or any other materials; or dirtying of linens by any food stains, blood, and liquids.
Assignments, Subleases and Loans. We may assign Our rights under this Rental Contract without Your consent, but will remain bound by all obligations herein. You may not assign Your rights under this contract, or sublease or loan the equipment without Our written permission. Any purported assignment of this Rental Contract by You is void.
Repossession. You agree that upon Your failure to pay the Rental Charges or other breach of this Rental Contract, We may terminate this Contract and, without notice, take possession of and remove the Equipment 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 Equipment. You agree to pay, in addition to Rental Charges, all costs of removal of the Equipment from Your possession, and all freight, storage, labor, legal or other costs and charges incurred by Us to remove, ship and return the Equipment to Us.
Customer’s Disclaimer of Agency. You acknowledge that You are not Our agent for any purpose.
Rental Firm Not Manufacturer. You acknowledge that We are neither the manufacturer nor agent of the manufacturer.
Reservation Deposit. Equipment will be reserved upon receipt of a signed contract and a non-refundable deposit (cash, check, or credit card).
Cancellation. If You cancel less than ten (10) days prior to the delivery or pick-up date.
Prepayment. You shall provide Us with a final count of the Rental Items We will require at least ten (10) days prior to Your event, at which time we will present to You an invoice with for the total Rental Charges. Full payment is due ten days (10) days prior to Your event. No orders will be scheduled for delivery until final payment is received. Payment shall be made by credit card. You signing authorize us to keep credit card on file for recurring charges such as all cleaning, damage, shortage, rental and replacement charges.
Delivery and Pickup. 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 Rented Equipment and Goods. You agree to pay additional Delivery Fees for each extra Delivery or Pickup call occasioned by You and required of Us. Delivery and Pickup will be to ground level and within 30 feet of where Our delivery vehicles can be safely and legally parked only. Items used in the packaging and transportation of Rented Equipment, such as palettes, boxes, crates, racks, straps, dollies, and the like remain Our property during Your use and must be returned with the Equipment. You agree to pay for any items that become damaged or lost. You also agree to assume the risk and hold Us harmless from and against any and all claims, demands, actions, lawsuits and proceedings of any kind, including costs, expenses, and attorneys’ fees for personal injury or property damage caused by the delivery, loading, unloading, erection, installation, dismantling and use of the Rental Items.
Subcontract. We may, at Our sole option, subcontract all or any part of Our obligations under this Contract.
Alcoholic Beverages. If the Equipment is used to, or in connection with, the dispensing of alcoholic beverages, You shall obtain adequate host liquor liability insurance identifying both You and Us as named insured. You agree not so serve alcoholic beverages to persons appearing be intoxicated.
Insurance. You shall maintain, at Your expense, liability, property and casualty insurance coverage in amounts necessary to fully protect Us and Our Equipment against claims, loss or damage of whatever nature or type.
Loading and Unloading. You are responsible for loading, unloading and securing rental items. When loading or unloading a trailer, block the tires. If Our employees assist in loading or unloading goods, You agree to assume the risk of, and hold Us harmless from, any property damage or personal injury, including damage or injury attributable to Our negligence, including Our employees.
Necessary Permits and Licensing for Tents and Temporary Structures. Prior to the installation of the Tent(s), You agree to obtain all necessary permits, licenses and other consents from the appropriate government agencies at Your expense, and furnish Us with copies. At your request, we will act as Your agent and obtain on Your behalf the necessary permits and/or licenses for an additional fee.
Tent Material. Tents are rented on an “AS IS” basis. Although the canvas and vinyl fabrics of the Tents have been treated for water repellency, We disclaim any guarantee or warranty as to the effectiveness of such treatment, or that the fabric of such items will not stretch, shrink, crack, fade, tear, or leak.
Tenting and Weather-Related Risks. Tents are temporary structures and could possibly collapse during severe rain, sand or windstorm. Evacuation of Tents in high winds, heavy storms or extreme lightning is recommended. You agree that in the event of a predicted or actual storm or excessive winds, We may dismantle any previously installed Rented Tents and Related Items to ensure the safety of all persons involved. You assume all weather related risks involved in holding an outdoor, Tented event.
Force Majeure. Our performance under this Agreement will be excused or may be delayed or modified without liability in the event of severe weather conditions strikes, labor disputes riots, accidents and other Acts of God, and governmental mandates beyond our control. If, in Our opinion, circumstances permit, We will use Our best efforts to provide substitute services as close as reasonably practicable.