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The
Leased equipment shall at all times be and remain the sole and exclusive
property of Lessor. Lessee shall have only the rights to use the
equipment in accordance with the terms of this agreement. Lessor shall
have the right to display notice of its ownership of the equipment by
display of an identifying stencil, plate or other marking, and Lessee agrees
that it will not remove or cover such markings without the written
permission of Lessor. It is expressly intended and agreed that the
equipment shall be personal property even though it may be affixed or
attached to real estate. The equipment shall not be removed from the
place of delivery or installation without the expressed written permission
of Lessor.
Lessee
acknowledges that he has had an opportunity to personally inspect the
equipment and finds it suitable for his needs and in good condition.
Lessee understands its proper use. Lessee further acknowledges Lessee
responsibility to inspect the equipment prior to its use and to notify
Lessor of any defects.
If
the equipment becomes unsafe or in disrepair for any reason. Lessee
agrees to discontinue its use and to notify Lessor. Lessor will repair
or replace the equipment with similar equipment in good working order if
available, and if the defect is the result of normal use. Lessor is
not responsible for an incidental or consequential damages caused by delays
or otherwise, and Lessee hereby waives any right or entitlement
thereto.
Lessor
is not the manufacturer of the rented property nor the agent of the
manufacturer, and no warranty against patent or latent defects in material
workmanship or capacity is given, and Lessee expressly waives all such
warranties of fitness which may be accorded by law or otherwise. 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
such warranties of fitness, or otherwise, are expressly and specifically
waived by customer.
Lessee
shall defend, indemnify and hold harmless Rent-All City, Inc., its
employees, agents and subsidiaries, from and against all claims,
liabilities, losses, damages to property or otherwise, and expenses, of
every character whatsoever, resulting from the actions, negligent or
otherwise, of Lessee, Lessee's employees and agent of Lessee or Lessee
subcontractor. The indemnities included in this exhibit shall include
reasonable attorneys fees paid by Rent-All City, Inc., in defending
suit and actions involving liability covered by the indemnification
provision in this paragraph.
Lessee
right of possession terminates on the expiration of the rental period and
retention of possession after this time constitutes a material breach of
Lessee's obligations under this contract. Time is of the essence in this
agreement. Any extension must, at Lessor's election be mutually agreed
upon in writing.
The
Lessor may assign its right under this contract without the Lessee's
consent, but will remain bound by all obligations herein. The Lessee
may not sublease or loan the equipment without the Lessors written
permission. Any purported assignment by the Lessee is void.
At
the termination of this agreement, Lessee shall return all the equipment to
Lessor's premises during Lessor's regular business hours, in the condition
and repair as when delivered to Lessee, subject only to reasonable wear and
tear. Lessee shall be liable for all damages to or loss of the Equipment
occurring because it was not returned within Lessor's regular business
hours. If Lessor has agreed to deliver the Equipment to Lessee or to
pick up the Equipment from the Lessee. Lessee shall be responsible for
all losses or damage to the Equipment from time of delivery to Lessee and
until picked up by Lessor.
Lessor
shall at all times have the right to enter any premises where the Equipment
may be located for purposes of inspecting it, observing its use, or removing
it from Lessee's premise.
Lessee
shall at its own expense, and prior to the installation of the equipment
provide all necessary permits, licenses, and other consents.
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
several days prior to delivery with a special charge quoted. If no
arrangements are made and this service is desired on delivery, our driver
must call for authorization. If time permits, we will try to
accommodate you after quoting the price. On pick up where no prior
arrangements have been made and equipment is not knocked down and assembled
in one sheltered area, a knock down fee will be assessed.
China,
Glassware, and Flatware must be returned rinsed and repacked properly in
boxes provided or additional charges will be assessed. A cleaning fee
will be charged on BBQ grills and cooking equipment returned with food
particles, grease, or cooking oil.
Table
linens are inspected prior to pick up and 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.
Lessee
agrees to pay for any damage to rented equipment regardless of cause, except
reasonable wear and tear, while equipment is out of possession of Lessor.
Lessee also agrees to pay a reasonable cleaning charge for all equipment
returned dirty. Accrued rental charges cannot be applied against the
purchase or cost of repair or damaged goods. Rental Equipment damaged
beyond repair will be paid for by Lessee at its Replacement Cost when
rented. The cost of repairs will be borne by the Lessee, whether
performed by Lessor, or at the Lessor's option by others.
If
accepted by Lessee, Lessor agrees, in consideration of an additional charge
of 10% of the gross rental charges, to modify the responsibilities of Lessee
created in paragraph 14 (Dirty or Damaged Equipment). For Damage Waiver
Charge provided the Lessee takes reasonable precautions to protect
equipment. The Lessor assumes risk of damage to equipment, except the
following risks assumed by the Lessee: (a) Loss, damage, vandalism,
malicious mischief, and theft (b) Loss, damage or theft of accessory
equipment such as extension cords, etc. (c) Loss due to mysterious
disappearance or wrongful conversion by a person entrusted with equipment
(d) Damage waiver is null and void if damage is caused by a third party not
associated or related to the Lessee. In this instance the Lessor
reserves the right to collect from person or company causing damage.
THE LESSEE UNDERSTANDS THAT THE WAIVER IS NOT INSURANCE.
THE LESSEE IS OBLIGATED TO SUBMIT TO THE LESSOR A POLICE REPORT ON ALL
LOSSES COVERED UNDER DAMAGE WAIVER PLAN. The Lessee may decline Damage
Waiver charge by making the required deposit.
The
Lessee agrees to pay for equipment (at its replacement cost when
rented) for all types of theft or mysterious disappearance.
Damage Waiver does not cover theft.
The
Lessee agrees to pay all reasonable collection attorney's and court fees and
other expenses involved in the collection of charges or enforcement of the
Lessor's rights under this contract.
Lessee
assumes all weather related risks involved in holding an outdoor tented
event. Lessor 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 Lessor's control, Lessee shall still be
liable for payment in full of all charges
Lessee
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
Lessor's work crew. Lessee 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 Lessee fails to
do so, then Lessee shall pay all costs involved for any delay, additional
rental, and all costs including collection and legal expense.
All
tents are subject to stretching and retracting 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.
Lessee
agrees not to do any type of cooking under or within a reasonable distance
of the tent. Lessee assumes full responsibility and costs incurred for
damage and or clearing expense to tent tops due to cooking processes under
or near tents.
Lessee
agrees to furnish Lessor access to, and the right to use Lessee's electrical
and power lines for the installation and operation of the rented equipment.
Lessee
agrees to have all Underground Facilities, in the vicinity of the Equipment
installation, clearly marked prior to the arrival of Lessor's work
crews. Lessee assumes full responsibility for damage to all
Underground Facilities. To identify Underground Facilities, Lessee
must call one week prior to installation.
All rentals are cash in advance. Full payment is due on delivery or at
time of customer pick up. Lessee
shall pay the contract price, plus additions thereto as may be agreed upon
or are chargeable pursuant to the terms within the period specified
herein. If the balance due is not paid when due, an amount equal to 1
1/2% (18% annually) of the outstanding balance due shall be charged every
month thereafter until final payment is made by Lessee. In the event
that the Lessee has directed that the leased charges hereunder be billed to
another person or organization within the terms specified, Lessee shall,
promptly upon receiving notice of non-payment, pay such lease charges and
such additional charges as may be added to the outstanding balance pursuant
to the terms hereof. Any check returned for non-payment will incur a
minimum charge of $25.00 and a maximum not to exceed $40.00 or 5% of the
face value whichever is greater, pursuant to FL Statute 832.
A
reservation deposit is required on all reservations to secure the equipment
for your use. This deposit, 25-50% or the rental total, depending on
the items and time of year, is completely refundable if the order is
cancelled within 30 days of the order date. After that, refunds are at
Rent-All City, Inc., discretion. No refund will be made for orders
cancelled less than 48 hours prior to order date. Additionally, Rent-All
City, Inc., reserves the right to charge the full amount of the order if
cancellation occurs on the day of the order, or upon
delivery. |