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TERMS
AND CONDITION OF RENTAL
This is a copy of the back of our written
contract that you will sign when your receiving your rentals.
THIS
IS A CONTRACT. The words Renter, Customer, buyer, you and yours,
mean the person who signs this contract (or are obligated under its
terms.) We, our, and Dealer, refer to Confetti Creative Celebrations.
In
consideration of the hiring of the Equipment (Tents are to be
included as Equipment) described, by the undersigned (hereinafter
referred to as the "Renter") from the company named on
reverse side (hereinafter referred to as the "Dealer") upon
the terms and conditions and for the price herein specified, it is
agreed as follows:
1.RENTAL
AND TERM begin on the date and time specified as "TAKEN
OUT" and terminates on the time specified as "DUE IN"
unless amended in writing on this contract. Rental charges commence
on delivery of Equipment to renter and end upon return of equipment
to Dealer's premises. Dealer may terminate Rental at any time and
take possession of the equipment. Renter agrees to pay, on return of
equipment to Dealer's premises, all charges and cost for thereof.
Renter's right to use the equipment terminated on due dates set forth
above unless extended in writing by Dealer.
2.CONDITIONS
OF HIRING, INSPECTION PRIVILEGE AND WAIVER OF DEFECTS. Renter accepts
and hires the Equipment on a "as is " basis. Renter
acknowledges receipt of all the equipment in good working condition
and repair and declares that the Renter fully understands it proper
operation and use. Renter acknowledges and declares that Renter has
examined the equipment, and has received all of such Equipment in a
secure and operative condition. Renter is responsible for loading and
unloading the equipment, if the Dealer, or the Dealer's employees
assist in leading or unloading the equipment, Renter agrees to assume
the risk of and hold the Dealer harmless for any property damage to
personal injures, including damage or injures attributable to the
negligence of the Dealer, or Dealer's employees. Renter agrees to
return the Equipment to Dealer's premises upon the expiration and due
date hereof in as good condition as when received by Renter, ordinary
wear and tear excepted. "Ordinary wear and tear" shall mean
only the normal deterioration the equipment caused by ordinary and
responsible use on a one shift (eight hours per day, five days per
week) basis. Renter agrees to pay immediately all charges and cost incurred.
3.EQUIPMENT
BECOMES UNSAFE OR IN DISREPAIR. Renter will immediately discontinue
use of personal property should it at anytime, following the
execution of this agreement or any subsequent agreement, become
unsafe, or in a state of disrepair. Furthermore the Renter will
immediately notify Dealer that the Equipment is unsafe or in
disrepair, and until such time as Dealer has regained possession the
Renter agrees to take all steps reasonably necessary to prevent
injuries to any persons and form the Rental Equipment or product.
4.COMPLIANCE
WITH LAWS. Renter acknowledges that Dealer has no control over the
use of the Equipment by Renter, and Renter agrees, at his sole
expense to comply with all municipal, provincial and federal, laws,
by-laws, ordinances, and regulations.
5.PERMITTED
AREA OF USE OF EQUIPMENT. Without Dealer's written consent, Renter
shall not remove the Equipment from the province in which it is rented.
6.RENTER'S
LIABILITY FOR MISUSE OF EQUIPMENT. Renter shall not abuse, harm, or
misuse the Equipment. Renter shall not permit any repairs to be made
or lien to be placed upon the Equipment without Dealer's written
consent. In the event of any claims or actions arising there from,
Renter shall furnish Dealer with a complete report of any accident
involving said Equipment, including names and addresses of all
persons involved and all witnesses. Unless otherwise specified herein
in case of the loss of destruction of any part of the Equipment, of
at loss of possession thereof of inability to return the same to
Dealer on the expiration and due date, for any reason whatsoever,
Renter shall pay Dealer the actual replacement cost thereof and in
addition thereto Dealer's loss use of said Equipment.0
7.DISCLAIMER
OF WARRANTIES. DEALER MAKES NO WARRANTIES, EXPRESS OR IMPLIES, AS
TO THE EQUIPMENTS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE. Renter's sole remedy for any failure of or defect in the
Equipment shall be the termination of the rental charges at the time
of failure, provides the Equipment in returned to Dealer within 24
hours after such failure. Dealer shall not be responsible for any
loss damage or injury to Renter of Renter's property, including
incidental, special or consequential damages in any way connected
with the operation, use defect in or failure of the Equipment
8.USE
OF DEPOSIT AND LIABILITY FOR LATE PAYMENT, UPON BREACH BY RENTER.
Renter acknowledges that the purpose and intent of the deposit paid
by Renter hereunder in to secure the payment of rental charges
hereunder and to and to guarantee the full and complete performance
of each of all the terms, covenants and agreements to be performed by
Renter hereunder. Renter agrees to pay a late penalty at the rate of
one and one half (1½%) percent per month on all delinquent accounts.
9.TENTS.
This Equipment shall include the normal anchoring and hardware
required for set-up and use. Any additional Equipment or materials
(i.e. special anchorage) required, will be at the expense of the
Renter. Renter agrees to be responsible for the safety and security
of the Equipment during the rental period and any layover period.
Renter agrees to pay to Dealer any and all costs to repair or replace
any of the Equipment. Renter agrees to pay all cleaning charges to
Equipment. It is the intent of the Renter that the Equipment is to be
returned to the Dealer's premises on the expiration and due date in
the same condition as the Equipment was ate the commencement of the
contract. If in the opinion of Dealer, the Renter is putting the
Equipment to a use, which has, or is likely to cause damage to the
Equipment, Dealer may immediately terminate the agreement and remove
the Equipment. In the forgoing events all deposits and prepaid rents
and fees shall be absolutely forfeited to the Dealer, and Dealer
shall not be responsible for any loss or damage as a result of such
termination or removal of Equipment.
In
the event of inability of Dealer to supply the Equipment to the
Renter due to any circumstance beyond the control of the Dealer, it
is agreed that Dealer's maximum liability shall be for the return of
any deposit and or prepaid rental fee, only in the event such fees
are not forfeited by the Renter for any other reason. Dealer shall
not be responsible for any lost revenue incurred by the Renter or any
other persons, due to the inability of Dealer to supply the above
mentioned Equipment.
It
is a condition of this agreement that Dealer shall not be liable in
any manner for injuries or damages caused to persons, property,
materials, stock, or other articles whatsoever that arise through the
Renter's use of the Equipment of Dealer's supplying or installation
of same and without limiting the generality of the foregoing. Dealer
shall not be liable in any manner for injures or damages caused to
persons, animals, or falling over or coming in contact with ropes,
stakes, or other supports of Equipment. Renter agrees to indemnify
and save harmless Dealer from any and all claims and the Renter
agrees to reimburse and save Dealer harmless in the event of
liability or loss by Dealer in such respect. It is a condition of
this agreement that before erection of Equipment takes place, the
Renter shall have all risk insurance along with adequate General and
Tenants Legal Liability Insurance in form satisfactory to Dealer.
10.INDEMINFICTION
OF DEALER BY RENTER. Renter expressly indemnifies and holds Dealer
harmless of, from and against any and all claims, loss, cost,
damages, attorney's fees and/or liability in connection with the
hiring and use of the Equipment, regardless of whether a lawsuit is
filed in the event a suit is institution by Dealer to recover
possession of said Equipment, or to enforce any of the terms,
conditions, or provisions hereof. Renter agrees to pay all cost and
reasonable attorney's fees of Dealer incurred in connection therewith.
11.THEFT
WARNING. Failure to return Equipment on the expiration and due date
in certain circumstances will be considered a theft, resulting in a
criminal prosecution.
12.TAXES.
Renter agrees to pay any and all taxes, license fees, or permit fees
arising out of the hiring and use of the Equipment. Renter agrees to
pay said taxes whether said taxes appear as part of the fact of this
contract or whether said taxes are later claimed by the governmental
authority. In the event a claim by the governmental authority for
taxes arising out of this transaction, Renter agrees to pay Dealer
said taxes upon demand.
13.TITLES.
Title to the Equipment is, and shall remain in Dealer, if the
Equipment is levied upon for any reason whatsoever. Dealer may retake
the Equipment without notice or legal process, and may take action
reasonably necessary to do so.
14.CONSTRUCTION.
The paragraph headings used herein are for convenience only and are
not to be used in construing the meaning or intent of any of the
terms or provisions of this Rental Contract.
ATTORNEY
FEES AND COSTS. If any legal action or other proceedings, including
arbitration or declaratory relief, is brought for the enforcement of
this agreement, or because of an alleged dispute, breech, default or
misrepresentation in connection with this agreement, the prevailing
party shall be entitled to recover reasonable attorney's fees, and
other costs in addition to any other relief to which the prevailing
party may be entitled.
TERMS:
CASH IN ADVANCE. Established open accounts are due and payable net
10th of the month. Past due accounts bear late penalties of 1½ %
per month.
Renter
agrees to provide Dealer with no less than six-month notice in
writing, prior to the date set for rental of Renter's intent to
cancel the Rental Contract. Renter agrees to pay Dealer a sum equal
to 50% of the rental charge set forth in the face of this contract if
Renter cancels the rental without giving the notice set forth herein.
Printed copy of our Terms and Conditions .pdf |