For the purpose of this Rental Agreement (the “Agreement”), “Rental Company”, “us” and “we” shall mean Sweet Tea Party Rentals, its owners, officers, directors and employees, and “you” shall mean Customer, Customer’s guest/visitors, its agents and/or employees. In consideration of the hiring from Rental Company of the rental item(s) listed on Customer’s invoice, which invoice is deemed incorporated herein by reference and made part of this Agreement, Customer agrees to the following terms and conditions:
1. Rental rates are based upon an agreed hourly and one-day use. There are no refunds given for rentals delivered but not used.
2. A booking/damage deposit equal to _____ of the total amount of the items reserved, or a minimum of $50.00, whichever is greater (the “Deposit”), paid via major credit card, is required at the time of your reservation. Quotes do not guarantee availability of rental items; your rental order is not deemed reserved until the Deposit has been received.
The Deposit is charged to you in addition to the cost of the items you rent. During the rental period, the Deposit is used as a damage deposit on the rented items. As long as the rentals are returned with no damage as more specifically described in Paragraph 8 below, the Deposit will be fully refunded.
3. Delivery and pick-up is made at street level. Additional charges will apply if delivery involves extra handling due to obstacles, stairs, etc. or if the delivery location is not easily accessible to our delivery vehicle(s).
4. Payment in full of your rental order (including the Deposit and any delivery charges) along with a signed copy of this Agreement must be received two weeks (14 days) prior to your delivery date. Two weeks (14 days) prior to your delivery date, we will automatically charge the credit card on file for any remaining amount due.
5. Changes to your order require a minimum of (3)three days notice prior to your delivery date to avoid service fees. Cancellation of your rental order (ten) 10 business days or less, prior to your delivery date will incur a restocking fee equal to 35% of the total amount of the items reserved.
6. Every effort is made to fill your order exactly as requested. However, if circumstances prevent us from doing so, we reserve the right to make substitutions of equal or greater quality to your rental order.
7. You or an authorized representative must be available to count and inspect all items upon delivery and pick-up, otherwise our counts will be considered accurate. In the unlikely event of any problems with your order, you must contact us immediately. Credits will not be issued if we are not given ample notice prior to your event of any problems with your order.
8. You are responsible for the rentals from the time of receipt until the time of their return and for securing them when they are not in use and to protect them from the weather at all times. To avoid additional charges, you are required to carefully rinse and return the rentals to us food and particle free, and repacked in the same containers as delivered. Under no circumstances should the rentals be placed in a dishwasher for cleaning. Breakage, including chips, cracks or shortages (including our containers and crates), will be billed to you at our replacement cost.
9. Rental Company makes no warranties of merchantability or fitness of any particular use or purpose, either expressed or implied, of the rental items. There is no warranty or representation that the rental items are fit to Customer’s particular intended use, or that the rentals are free of latent defects. Rental Company shall not be held responsible to Customer or any third party for any loss, damage, or injury resulting in any
form/way attributable to the operation of, use of, or any failure of the rental items. Rental Company shall not be held responsible for any defect/failure unknown to it.
10. No default, delay or failure to perform on the part of Rental Company shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Rental Company. These causes include without limitation, labor disputes, lock-outs, riots, civil disturbances, actions or inactions of governmental authorities or suppliers, severe weather, fire, earthquakes, acts of God, terrorism, war, or default of a common carrier.
11. You agree to defend, indemnify, and hold Rental Company, our agents, employees, assignees, suppliers, sub-lessors and sub-renters harmless from and against any and all claims, actions, causes of action, demands, rights, damages of any kind, costs, loss of profit, expenses and compensation whatsoever including court costs and attorneys’ fees (“Claims”), in any way arising from, or in connection with the items rented under this Agreement, including, without limitation, as a result of its use, maintenance, or possession, regardless of the cause of the Claim,
except in the case of our sole negligence.
12. The Customer is solely responsible for any additional charges incurred as a result of failure to meet the conditions of this Agreement. All collection fees, attorney fees, court costs, or any other expenses incurred by Rental Company in order to enforce the terms of this Agreement will be the Customer’s responsibility.
13. This Agreement may be executed by facsimile signature and such signature shall be deemed a valid and binding original. This Rental Agreement is valid whether properly signed by Customer or not, so long as Customer takes possession of the rental items. It is also valid if signed by a third party signing on behalf of Customer.
14. By signing below you indicate that you have read and agree to all the terms and conditions stated herein, and you authorize Rental Company to charge the credit card on file to collect any and all costs in connection with your rental order, including but not limited to, damage or replacement fees, if any.
Accepted and Agreed:
Customer Signature: ____________________________________________
Customer Name (please print): ____________________________________
Date Signed: ____________________