The lessor hereby rents to the lessee, identified by his or her signature on this contract, the personal property described, subject to ALL terms and conditions of this contract as outlined herein. The lessee in consideration thereof, acknowledges and agrees as follows:
1. Inspection. The lessee acknowledges that he or she will personally inspect the equipment or property upon delivery and/or pickup and that upon acceptance the merchandise is in good condition, that he or she understands the proper use, and shall report any malfunctions or defect prior to its use.
a. Malfunctioning or defective merchandise. Should lessee determine that merchandise is defective, he/she acknowledges and agrees to discontinue use and report said defect to lessor with sufficient notice to allow lessor to repair or replace the merchandise in question at the lessor’s sole discretion.
b. Overages and shortages. Lessee agrees and acknowledges that it is his/her responsibility to check and count all merchandise upon receipt. Shortages and overages MUST be reported PRIOR to use and/or the start of an event, with sufficient notice so as to allow the lessor ample time to rectify any shortages or overages.
2. Warranties. There are no warranties of merchantability or fitness, either expressed or implied. The lessor provides no guarantee that the equipment or merchandise is suited for the Lessor’s intended use, or that it is free from defect or imperfection.
3. HOLD HARMLESS AGREEMENT. The lessee agrees to assume the risks of, and hold the lessor harmless for, property damage and/or personal injury arising from the use or misuse of the merchandise and/or the Lessor’s negligence. The lessee shall indemnify and hold harmless the lessor from any claims of third parties for loss, injury and damage to their persons and properties arising out of the lessee’s possession, use, misuse, maintenance, or return of equipment, goods, or merchandise, including legal costs incurred in defense of such claims.
4. Prohibited uses. Use of equipment or merchandise in the following circumstances is considered prohibited and shall constitute a breach of contract. (a.) Use for illegal purposes or in an illegal manner (b.) improper, unintended use or misuse (c.) use by anyone other than the lessee or the lessee’s employees (d.) Use at any address or location other than that provided in the ‘ship to’ section of this contract.
5. Assignment, subleases, and loans. The lessor may, at the lessors sole discretion, may assign its rights under this agreement, without the lessee’s consent. The Lessee may NOT sublet, sublease, or loan equipment or merchandise without the lessor’s written approval. Any purported assignment of this contract or the merchandise described within shall be considered void.
6. Time of return. The lessee’s right to return terminates upon expiration of the rental period as described in this contract. The lessee’s retention of merchandise beyond the rental period shall constitute a material breach of contract and may result in additional charges or fees. Lessor reserves the right to recover merchandise or fees, including any legal fees that may have been incurred, to the fullest extent of the law.
a. Return of merchandise. At the termination of the rental period, the Lessee shall return all equipment or merchandise to the lessor’s premises during the lessor’s normal business hours. Should lessee utilize lessor’s delivery and pickup service, lessee shall have the merchandise ready for lessor’s authorized agents to retrieve at the termination of the rental period. Merchandise must be left in a similar manner and location to which it was delivered, i.e. table and chairs should be stacked, etc. Delivery and pickup service is available at an additional charge and is scheduled at the lessor’s convenience outside of the agreed upon rental period. The Lessee is responsible for the merchandise and equipment from the point of delivery until the point of retrieval by Lessor’s authorized agents.
b. Lessee liability. The Lessee shall be liable for lost, stolen or damaged merchandise and equipment, both during the rental period as well as from the point of delivery to the point of retrieval. This shall include merchandise and equipment which the lessee picks up from the point of pickup to the point of return.
7. Lost, Stolen, or damaged equipment. The lessee agrees to pay for any damages or losses incurred while in the possession of equipment or merchandise, regardless of cause, with the sole exception of normal wear and tear. Any and all accrued rental charges may not be applied to or against the cost of repair or replacement.
a. Damage waiver. The lessor may offer for an additional fee, at their sole discretion, a damage waiver. Should a damage waiver be included in this contract, the lessee’s responsibilities as outlined in section 7 shall be modified as follows.
i. Provided the lessee takes reasonable precautions to protect equipment and merchandise included in the contract, the lessee shall NOT be responsible for the costs associated with repair or replacement of said merchandise resulting from vandalism, malicious mischief, theft, or accident.
ii. This does NOT include damages resulting from intentional misuse of merchandise or equipment.
iii. The Lessee understands that the damage waiver is NOT insurance, and that the lessee may be responsible and obligated to supply a police report or other substantiating documentation in the event of loss.
iv. Should a damage waiver be offered by the lessor, the lessee understands that they may decline the waiver and as such will be responsible for the cost of repair and replacement as described in section 7.
v. The lessee further acknowledges and understands that the lessor is in no way obligated to offer a damage waiver, and if none is offered that the lessee is obligated to pay the costs associated with repair and/or replacement of lost, stolen, or damaged merchandise and equipment.
8. Collection Costs. The lessee agrees to pay all reasonable collection costs, attorney’s fees, court fees, and other expenses resulting from the enforcement of the lessor’s rights under this contract.
9. Termination. Upon a failure to pay rent or other breach of this contract, the lessor reserves its right to remove any and all equipment or merchandise from wherever it may be located. The lessor and its agents shall not be liable for any claims for damage or trespass arising
out of the removal of equipment or merchandise.
10. Manufacturer Disclaimer. The lessee acknowledges and agrees the lessor is NOT the manufacturer or agent of the manufacturer of any equipment or merchandise.
11. Loading and unloading. Should the lessee opt to pickup merchandise, he or she, acknowledges that it is his/her responsibility to utilize appropriately sized vehicles and to properly secure merchandise while in transit. The lessee further acknowledges and understands the lessor and its agents are not responsible for loading, unloading, or securing merchandise and that the lessee and/or his/her agent possess adequate and appropriate physical capability to load and unload the merchandise. The lessee agrees to hold the lessor harmless for any and all damages and claims resulting from the loading, unloading, and transportation of merchandise.
12. Policies and Procedures
a. Acceptance. The lessee hereby acknowledges and understands that he/she shall be bound by all the Lessor’s Policies and
b. Changes. The lessee further acknowledges and understands that the lessor reserves its rights under this agreement to modify
or change its policies and procedures without notice and without consent of the lessee.
c. Posts and notifications. The lessor shall maintain a list of all current policies and procedures, and shall post these on its
website. It shall be the responsibility of the lessee to check for changes, updates, and modifications to the lessors Policies and
a. Acceptance. The lessee hereby acknowledges and understands that he/she shall be bound by all the Lessor’s Policies and Procedures.
b. Changes. The lessee further acknowledges and understands that the lessor reserves its rights under this agreement to modify or change its policies and procedures without notice and without consent of the lessee.
c. Posts and notifications. The lessor shall maintain a list of all current policies and procedures, and shall post these on its website. It shall be the responsibility of the lessee to check for changes, updates, and modifications to the lessors Policies and Procedures.