Terms & Conditions
1. RENTAL PERIOD/RATE/PAYMENT.
All Rental rates are based on a 72 hour rental period. Longer-term rates are available for an additional fee. If customer makes greater use of the rental items than agreed upon, it is agreed that the additional usage will be charged. Refunds will not be granted on rentals whether used or not once they have left the warehouse. EYC Rentals may terminate rental at any time and retake the rental items without further notice, in case of violation by Customer of any terms or conditions of this Rental Agreement. Customer agrees to pay any collection of this account of any dispute arising out of this Rental Agreement. Customer agrees to pay a monthly service charge for all unpaid balances.
2. RECEIPT/INSPECTION OF RENTAL ITEMS.
Customer hires the rental items on an “as is” basis. Customer acknowledges that he has or will personally inspect the rental items prior to use and finds the items suitable for customer’s needs. Customer acknowledges receipt of all items listed in the Rental Agreement and that the rental items are in good working order and repair and that the Customer understands (without further instructions) the proper operation and use of items.
3. ASSUMPTION OF RISK/RELEASE – DISCHARGE OF LIABILITY.
Customer is fully aware and acknowledges there is risk of injury of damage arising out of the use or operation of the items rented here under and hereby elects to voluntarily enter into this rental agreement and assume all of the above risks of injury or damage. Customer agrees to release and discharge EYC Rentals from any and all responsibility or liability from such injury or damage against EYC Rentals which customer otherwise may be entitled to assert.
Customer’s right to possession of the rental items begins upon the rental items leaving EYC Rentals and terminates on the Agreed Return Date indicated on the front of this Rental Agreement. Retention of possession after this date constitutes a material breach of this Rental Agreement. Time is the essence of this Rental Agreement. Any extension of this Rental Agreement must be agreed upon in writing. Title to the rental items is and shall remain with EYC Rentals. If the rental items are not returned and/or levied upon for any reason whatsoever, EYC Rentals may retake said items without further notice or legal process and use whatever force is reasonably necessary to do so. Customer hereby agrees to indemnify, defend and hold EYC Rentals harmless for any and all claims and costs arising from such retaking and/or levy. If rental items are levied upon, Customer shall notify EYC Rentals immediately.
5. PROPER CARE.
Customer shall be responsible for all damage to rental items. Damage includes, but is no limited to: damage due to overturning, overloading or exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; dirtying of rental items by paint, mud, plaster, concrete, resin or any other material.
6. INDEMNITY/HOLD HARMLESS.
Customer will take all necessary precautions regarding the items rented, and project all persons and property from injury or damage. Customer agrees to indemnify, defend and hold harmless EYC Rentals from and against any and all liability, claims, judgments, attorney’s fees and costs of any kind and nature, including, but not limited to, injuries or death to persons and damage to property, arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the items rented, however caused, except claims or litigation arising through the sole gross negligence or willful misconduct of EYC Rentals.
7. COMPLIANCE WITH LAW/USE RENTAL ITEMS.
Customer agrees not to use or allow anyone to use the rental items in any illegal manner or in an unsafe manner. Customer agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the rental items during the rental period. Customer further agrees to pay all licenses, fines, fees, permits or taxes arising from his use of the rental items, including any subsequently determined to be due. Customer is responsible for obtaining all permits and/or licenses from the appropriate government agencies. If permits or licenses are denied for any reason, Customer is still responsible for all financial and other obligations pursuant to this Agreement to EYC Rentals or its subcontractors. Customer shall not allow any person who is not qualified or who has not received and understands the safety and operating instructions of the rental items to use the rental items while they are in the Customer’s possession.
8. RETURN OF RENTAL ITEMS.
Customer agrees to return to EYC Rentals the rental items in the condition and repair as when received by Customer by agreed Return Date. Customer shall be liable for all damages to or loss of the rental items and liability incurred prior to rental items return to EYC Rentals. A charge will be added for items requiring excessive cleaning upon return. Customer shall be responsible for all cost incurred by EYC Rentals recovering and returning damaged rental items to EYC Rentals premises. If the rental items are to be “picked up” by EYC Rentals, Customer agrees to provide a secure storage location and Customer accepts all risk including damage to and liability relative to rental items for a reasonable period of time, until the rental items are picked up by EYC Rentals.
9. TIME OF RETURN.
Customer right of possession terminates on the expiration of the rental period and retention of possession after this time constitutes a material breach of Customer’s obligations under this contract. Time is of the essence in this agreement. Any extension must, at EYC Rentals’ election be mutually agreed upon in writing. WE CHARGE FOR ALL TIME OUT- NOT TIME USED.
China, Glassware, and Flatware must be returned rinsed and repacked properly in boxes provided or additional charges will be assessed.
Table linens are inspected prior to pick up and upon 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. .
A 50% deposit is required to reserve all orders. Balance is due one week prior to the event date. All rentals are payable in advance.
All cancellations are refundable more than 30 days prior to delivery date. A 25% restocking fee will apply for all items cancelled within 30 days of delivery or will call. All orders cancelled within 5 days of delivery will be subject to a 50% restocking fee.
14. DISCLAIMER OF WARRANTS.
EYC Rentals makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or for customer’s particular intended use, or that is free of latent defects. EYC Rentals shall not be responsible to customers or any third party for any loss, damage or injury resulting from or in any way attributable to the operation of use or any failure of the rental items. EYC Rentals shall not be responsible for any defect of failure unknown to EYC Rentals. The customer’s remedy for any failure of or defect in the rental items shall be termination of the rental charges at the time of failure, provided that the customer notifies EYC Rentals immediately of such failure and returns the rental items to EYC Rentals within twenty-four (24) hours of such failure.
15. SUBRENTAL/LOCATION OF RENTAL ITEMS.
Customer agrees not to sublet, loan or assign the rental items from the address at which Customer represented they were used.
Should Customer in any way fail to observe or comply with any provision of this Rental Agreement, EYC Rentals may, at its sole discretion, terminate this Rental Agreement, retake the rental items, declare any charges due and payable, and initiate legal process to recover monies owed.
17. RETAKING OF RENTAL ITEMS.
If for any reason it becomes necessary for EYC Rentals to retake the rental items, Customer authorizes EYC Rentals to retake the rental items without notice or further legal process and agrees that EYC Rentals shall not be liable for any claims for damage or trespass arising out of the removal of the rental items.
18. THEFT OF RENTAL ITEMS.
The Customer agrees to pay for rental items [at its replacement cost when rented] for all types of theft or mysterious disappearance.
19. LEGAL FEES.
In the event an attorney is retained to enforce a provision of this Rental Agreement, the prevailing party in the dispute shall be entitled to recover reasonable attorney’s fees and court costs in such action or proceeding in an amount to be determined by the court.
20. DAMAGE DEPOSIT.
Under certain circumstances for certain rental items, a damage deposit may be required. The damage deposit is fully refundable if all items are returned in the same condition as delivered. Damage or loss of items will result in reduction or forfeit of damage deposit.
21. NOTICE OF NON-WAIVER/SERVERABILITY.
Any failure of EYC Rentals to insist upon strict performance by Customer in regards to any provision of this Rental Agreement shall not be interpreted as a waiver of EYC Rentals right to demand strict compliance with all other provisions of this Rental Agreement or shall be severable so that the enforceability, invalidity or waiver of any provision shall not affect any other provisions.
22. TERMS AND CONDITIONS OF SALE.
(Applies only to items sold, not rented.) Customer acknowledges that EYC Rentals makes no warranties, expressed or implied, to any matter whatsoever, including, without limitation, the condition of the items, their merchantability or their fitness for any particular purpose. If the items being sold are used equipment, they are being sold on an “As Is” basis.
23. MOVING OF NON-RENTAL ITEMS.
EYC Rentals is not liable for any damage arising from customer-requested moving of non-rental items, including, but not limited to, furniture, vehicles, plants, lightings, etc.