Rental Policy for Tahoe Rustic Rentals
GENERAL CONDITIONS OF RENTAL AGREEMENT: The conditions of rent stated below, together with the Rental Agreement set forth on the reverse side of this sheet, constitute a contract between Tahoe Rustic Rentals (“Company”) and Client (“Client”) therein named and which contract is hereafter referred to as the “Agreement”.
1) RENTAL PERIOD. The rental period BEGINS with Client’s acceptance of items listed in this Agreement and signature upon the Item Receipt form. The rental period ENDS with Company representative’s acceptance of said items and signature upon the Item Receipt form.
2) RENTAL CHARGES. Client shall pay GRAND TOTAL of rental charges shown on Rental Agreement which contains the detailed listing of items chosen by Client.
3) FUNCTIONALITY and SUBSTITUTION OF ITEMS. a) Client acknowledges and understands the particular nature of Company’s unique inventory resulting in varying levels of condition. Company reserves the right, at any time, to change the availability of reserved Items due to circumstances beyond Company’s control, with liability extending ONLY to a full refund of the particular Item’s rental cost. Company will notify Client of such change with as much notice as possible to allow Client time to choose a replacement from available inventory, otherwise, a full refund of that Item’s rental fee will be fully refunded.
4) PAYMENT. a) Client shall remit 50% of GRAND TOTAL shown on Rental Agreement; b) Client shall remit remaining balance due at least 30 days PRIOR to Event Date; c) This Agreement shall be terminated if any balance due is not remitted AT LEAST 30 calendar days prior to Event Date.
5) LATE RETURN PAYMENT. If Client fails to return Items at the agreed upon date and time, either during Company’s attempt to pick-up items or Client’s failure to return will-call Items, Client will be charged the Daily Rate, as shown on the Rental Agreement, for up to 5 calendar days beyond the due date. After the 5th late day, Company shall be entitled to charge Client the replacement cost, as shown on Rental Agreement as VALUE, for any and all Items not returned.
6) REFUNDS. a) Full refund for cancellations made 3 months or more PRIOR to Event Date; b) 50% refund for cancellations made within 3 months to 1 month PRIOR to Event Date; c) No refunds will given for cancellations made 29 days or less PRIOR to Event Date, or, if this Agreement is terminated per Section 4-d of this Agreement.
7) DELIVERY + INSPECTION: CONCLUSIVE PRESUMPTIONS. Upon delivery or pick-up of rental items from TRR, it is the Client/Payer’s responsibility to inspect, count and note any concerns at the time of delivery.
A. Upon signing Item Receipt, Client’s and/or Company’s obligation for delivery of items shall be deemed completed with exceptions for noted damage or missing items. Client agrees that it shall be conclusively presumed, as between Company and Client, that Client has fully inspected and acknowledged that the Items are in full compliance with the terms of this Agreement, in acceptable condition and repair, and that Client is satisfied with and has accepted the Items in such condition and repair.
B. Rentals are for a twenty-four (24) hour period, unless otherwise agreed upon.
C. TRR remains sole owner of any items rented while in Client/Payer’s possession.
D. Should Client/Payer fail to return rental items in a timely manner, or defined by Client/Payer’s Invoice, TRR has right to reclaim items without any notice. Client/Payer agrees to pay any claims and/or costs arising from this failure.
E. Address: TRR must be provided with the proper venue name and address to ensure an accurate delivery.
F. All china and stemware/glassware must be returned back into appropriate containers provided by TRR.
G. TRR requires the accurate and applicable cell phone numbers and email addresses for any/all on-site contacts on the day of the Event as well as the days of the Event’s delivery and pick-up. Additionally, a main point of contact must be designated for logistical purposes to verify and sign off on the order if Client/Payer does not have a representative on site to verify and sign for the order throughout the entire timeframe of TRR’s delivery,
H. Pick-Up: TRR is not responsible for retrieval or repacking of inventory. Items must be stored in an easily accessible indoor location prior to scheduled pick-up timeframe window. All TRR inventory from the order must be grouped together. If items are not grouped together, additional fees will apply. TRR is not responsible for the set-up or placement of any rentals unless previously agreed upon in separate signed writing. This includes place settings for tabletop: stemware, flatware, plates, etc.
8) CARE and MAINTENANCE. Client shall not alter or disfigure any of the Items and shall protect Items from careless or rough usage, theft, weather-related dam- age, vandalism, misuse and other foreseeable risks that may cause damage or loss during Rental Period. Client shall at his own expense maintain the Items in the same condition and functionality as when accepted by Client, and return it in such condition to Company, ordinary wear and tear resulting from proper use thereof alone expected.
A. Client/Payer agrees to take special care in handling rented items.
B. Client/Payer agrees to protect and take precautions in handling the items in order to prevent injury or damage.
C. Client/Payer shall be responsible for all damage or missing rental items. Damage includes, but is not limited to: breakage, improper use, abuse, lack of cleaning, stains or spills of any kind, dirtying of items by any material. Replacement cost for tabletop items is four (4) times the rental rate. Other items will be assessed upon order being re-inventoried. Candle wax left on candlesticks, lanterns, or any other item will be billed at $30 per hour to remove.
D. If Client/Payer is transporting furniture, said furniture must be transported in an enclosed vehicle or trailer. It is Client/Payer’s responsibility to bring a vehicle or trailer large enough for all of Client/Payer’s rental items. Please note our pieces must be protected from weather at all times. You must be able to transport it in an enclosed vehicle and bring adequate heavy duty straps to secure the equipment in your vehicle. Any water damage, or damage from transport will be subject to additional charges, repair or replacement. . Client/Payer agrees not to use rental items in any unlawful manner.
F. Rentals are not allowed to be sub-rented or loaned to others.
9) LOSSES & REPAIRS. The expense of all labor and parts to repair any and all Items damaged by Client, or the expense of complete replacement as noted in the Rental Agreement as “ITEM UNIT VALUE”, shall be the responsibility of the Client. Company shall have 3 business days after rental period ends to provide a written, detailed invoice to Client for repair of damaged Items and/or replacement of Items either missing or damaged beyond repair.
10) DISCLAIMER OF WARRANTIES. COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE ITEMS, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, OR CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR SPECIAL METHODS. COMPANY FURTHER DISCLAIMS ANY LIABILITY WHAT- SOEVER FOR LOSS, DAMAGE, OR INJURY TO CLIENT OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE ITEMS. AS TO COMPANY, CLIENT RENTS THE ITEMS “AS IS”. COMPANY SHALL NOT BE LIABLE IN ANY EVENT TO CLIENT FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, ITEMS HEREBY RENTED OR ACCIDENTAL BREAKAGE THEREOF.
11) INDEMNITY. Client shall indemnify Company against, and hold Company harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys fees, arising out of, connected with, or resulting from the Items and this Agreement, including without limitation, the manufacture, selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the Items. Client shall further indemnify Company, and hold Company harmless from all loss and damage to the Items during the rental period. Client recognizes and agrees that included in this indemnity clause, but not by way of limitation, is Client’s assumption of any and all liability for injury, disability and death of third parties and other persons caused by the possession, operation, use, and handling of the Items during the Rental Period.
12) RISK OF LOSS. Company shall not be responsible for any loss or damage to property, material, or equipment belonging to Client, its agents, employees, sup- pliers, guests or anyone directly or indirectly employed or engaged by Client while said Items are in Client’s care, custody and control. Client and its insurers waive all rights of subrogation against Company for such losses.
13) OWNERSHIP. Company shall at all times retain ownership and title of the Items. Client shall give Company immediate notice in the event that any of said Items is levied upon or is about to become liable or is threatened with seizure, and Client shall indemnify Company against all loss and damages caused by such action.
14) NO SUBLETTING ASSIGNMENT. No Item shall be sublet by Client, nor shall he assign or transfer any interest in this Agreement without written consent of Company. Company may assign this Agreement without notice. Subject to the foregoing, this Agreement inures to the benefit of, and is binding upon, the heirs, successors, and assigns of the parties hereto.
15) SEVERABILITY. If any term or provision of this lease is found invalid, it shall not affect the validity and enforcement of all remaining terms and provisions of this lease.
16) EXPENSES. Client shall pay Company all costs and expenses, including attorneys’ fees, incurred by Company in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof.
17) ENTIRE AGREEMENT. This instrument constitutes the entire agreement between Company and Client; and it shall not be amended, altered or changed except by a written agreement signed by the parties hereto.