Party Line Rentals Ltd. Terms and Conditions
1. Choice of Rental Items: Customer acknowledges that he had an opportunity to personally choose, inspect, and test the equipment rented, and accepts the rented item “as is” and finds it suitable and safe for his needs and in good working condition and understands it’s proper and safe use in line with OSHA, EPA & ANSI guidelines. Customer further acknowledges his duty to continuously inspect the equipment prior to each use and notify PLR of any defects, and to stop using any item that is in disrepair or unsafe to operate.
Operation: Customer acknowledges he will provide an individual with the requisite knowledge & experience to operate the equipment rented and accepts full responsibility & liability for damages related to operator negligence.
2. Replacement of Malfunctioning Equipment: If the equipment becomes unsafe or in disrepair as a result of normal use, abuse, or neglect customer agrees to discontinue use and notify PLR, who will replace the equipment with similar equipment in good working order, if available. In the case of abuse or neglect, PLR may not replace the item at our sole discretion. PLR is not responsible and is held harmless for any incidental or consequential damages caused by delays or otherwise.
3. Dirty, Damaged, or Lost Equipment: Customer agrees to pay for any damage to or loss of the goods, including loss of rental as an insurer, regardless of cause, except for reasonable wear and tear, while goods are out of the possession of PLR. Customer agrees to pay a reasonable cleaning charge for rental items returned dirty or coated by others. ALL China, Glassware, Servingware, Flatware must be returned Food Free and Rinsed. Linens must also be Food Free, Dry, and Folded. Wet and Mildewed linens are considered damaged beyond repair. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged, lost, or stolen goods. Equipment lost, stolen, or damaged beyond repair will be paid for at its current list price plus any transportation charges. The cost of repairs will be borne by the customer, whether performed by PLR, or at PLR’s option, by others.
4. Warranties/Waiver: There are no warranties of merchantability of fitness, either expressed or implied. There is no warranty that the equipment is suited for the customer’s intended use, or that it is free from latent defects. A delay in enforcing the contract will not be deemed a waiver of rights.
5. Hold Harmless and Indemnification Agreement: Customer agrees to assume all inherent risks in the operation and use of rental items and hold PLR harmless for property damage and personal injury and litigation costs caused by the equipment and/or arising out of PLR’s negligence.
6. Force Majeure: PLR’s performance under this agreement will be excused or may be delayed or modified without liability in the event of severe weather conditions, strikes, labor disputes, and other acts of God, and governmental mandates beyond our control. In such an event, we agree to promptly notify you. If, in our option, circumstances permit, we will use our best efforts to provide substitute services as close as reasonably practicable to the services specified herein, subject to your written approval. Customer assumes all additional out-of-pocket expenses related here to.
7. Prohibited Uses: Use of the equipment in the following circumstances is prohibited and constitutes a breach of this contract. Customer accepts full liability and responsibility for associated fines for non-compliance below:
A: Use for illegal purposes or in an illegal manner. B: Use when equipment is in disrepair or is unsafe. C: Improper, unintended use or misuse.
D: Use by anyone other than Customer or his employees, without PLR’s written permission.
E: Use at any location other than the address furnished to PLR without PLR’s written permission.
F: Use by anyone not properly trained or supervised. G: Cooking under or near any tent or structure.
8. Assignments, Subleases, and Loans of Equipment: PLR may assign their rights under this contract without Customer’s consent but will remain bound by all obligations herein. Customer may not sublease or loan equipment without PLR’s written permission. Any purported assignment by Customer is void.
9. Permits and Licenses: Customer agrees to obtain at their expense, and provide a copy of, prior to the installation, all necessary permits, licenses, or permission required for the event. PLR will furnish any additional information required to obtain the permit i.e. Certificate of Flame Retardancy and other.
10. Rental Rates: Rental rates are listed on the front side of this contract. Rates are non-negotiable. Daily rentals are based on a 24-hour period. Weekly rates are based upon 40hr. week and 160 hr. month. Rental rates do not include Fuel.
11. Severability: The provisions of this rental contract are severable. If one is invalid, unenforceable, or waived, the rest will not be affected.
12. Identification: Customer agrees that our identifying marks, including company name and or logos, may appear on rented items while in your possession. Removal of such, by the customer, will result in extra charges.
13. Times of Return and Late Return: Customer’s right of possession terminates on the rental period “Due In” date and time. Retention of possession after this time constitutes a material breach of this contract. Time is the essence of this contract. Any extension must be mutually agreed upon in writing. Customer agrees to return the rented items during PLR’s regular business hours Customer agrees that if the rented items are held beyond the expiration of the rental period, overtime charges will accrue and be charged as overtime upon return and closing of this contract.
14. Time of Payment: All rentals are to be paid in advance. Open accounts are due and payable net 30 days from the date of invoice.
Deposit: To reserve any rental item, a non-refundable deposit is required. Reservations will be honored at time of receipt of the non-refundable deposit and a signed contract and is subject to equipment availability at the time the contract and deposit is received by PLR. Security Deposits are deemed as appropriate by PLR All past due invoices carry a finance charge of 1.5% per month (annual rate of 18%).
15. Taxes: Renter agrees to pay all taxes, license fees, or permit fees arising out of the use of the rented item or purchase of our products and or services. Renter agrees to pay PLR said taxes upon demand.
16. Applicable Law/Collection Costs: Customer agrees to pay all reasonable collection, attorney’s and court fees, and other expenses involved in the collection of the charges or enforcement of PLR’s rights under this contract. All lawsuits are required to be filed in PLR’s home jurisdiction under the laws of its home state.
17. Repossession: Upon failure to pay rent or other breach of this contract, PLR may terminate this contract and take possession of and remove the goods from wherever they are. PLR and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods. Conversion: Failure to return rented equipment pursuant to the terms of this rental agreement may subject the renter to criminal and civil prosecution.
18. Damage Waiver Charge (DWC): If the customer accepts DWC, PLR agrees to waive any claim against the customer for ACCIDENTAL DAMAGE to equipment rented under this contract. DWC does not cover ABUSE, VANDALISM, or THEFT. DWC is not insurance, and customer liability is limited to 20% of the replacement cost of the equipment damaged beyond repair. DWC does not cover tire damage, flat tires, or any exclusion listed on a rented item listed on the front side of this contract. Damaged equipment does not relieve your obligations of this contract; all rental fees are due and payable in full.
19. Delivery and Pickup Terms: PLR does not warrant or guarantee an exact delivery time and will not be held liable for any delays or additional expenses incurred for any delays for any reason beyond our control. Delivery site must be reasonably safe, secure & accessible. Customer agrees to assume all risk of loss, damage, or destruction between drop-off & possession should someone not be present on jobsite upon delivery All rented items scheduled for pickup shall be ready for pickup in the same manner as delivered. i.e. stacked, bagged, or boxed. Extra charges will be accessed for any additional labor or cleaning required by PLR. Customer is responsible and accepts all risks for rental items in your possession until PLR picks up. Any items left within assets upon return are deemed abandoned/surrendered with no PLR liability for these items.
20. SAFETY and INSTRUCTION: Proper and safe use is the responsibility of the operator. Customer is solely responsible to observe and follow all safety rules and regulations required by any local, state, or government agency and to provide all protective and fall-prevention equipment. The customer also acknowledges that they are qualified to use items rented.
21. Insurance: Customer shall maintain, at their expense, liability, property, and casualty insurance coverage in the amounts necessary to fully protect PLR and our equipment against any claims, loss, or damage of whatever nature or type.
22. Weather-Related Risk: Tents are temporary structures and could possibly collapse during severe rain, snow, or windstorms. Evacuation of Tents in high winds, snowstorms, or extreme lightning is recommended. You agree that in the event of a predicted or actual storm or excessive winds, we may dismantle any previously installed rented Tents and related items to ensure the safety of all persons involved. CUSTOMER ASSUMES ALL WEATHER-RELATED RISKS INVOLVED IN HOLDING AN OUTDOOR TENTED EVENT.
Site Prep/Staking: Customer shall mark out all underground obstructions and or utilities along with the placement of the tent. PLR will not be liable for any damage caused there to. Customer is to provide a suitable surface for tent erection. PLR will not assume any liability for damage caused by staking i.e. holes, cracks, or any other surface or subsurface damage arising out of the erection or dismantling of a rented tent.
23. Sale of Used Equipment: All used equipment is sold “as is” and “with all faults” basis. PLR makes No expressed or implied warranties other than what is listed on the contract.
24. Rental Agreement: This is the only agreement embodied between Customer & PLR and eliminates any obligations associated with outside Representation & Warranties. PLR retains title to all rented assets while in possession of Customer.
