1. RESERVING EQUIPMENT: Quotes and proposals do not guarantee availability of rental equipment. Equipment and items will be reserved only upon receipt of a signed rental contract and a valid credit card, cash, or pre-approved credit, and a 50% NON-REFUNDABLE deposit (cash, check or credit card) of the quoted proposal fee.
2. SECURITY DEPOSIT: For security against missing and damaged items, a cash refundable security deposit will be added to all Grand Events and Party Rental orders if payment is by cash or check. Items not returned within FIVE days of the event are considered lost or damaged and will be charged at replacement cost. Any charges left unpaid will be billed to your credit card or deducted from the security deposit and a detailed invoice of those charges will be provided to you after the event.
3. FINAL PAYMENT: You must provide Grand Events and Party Rental with a final count of all items reserved and if Delivery, Setup, and Attendant services are desired at least 14 days prior to an event at which time a final invoice with balance due will be provided. Full payment is immediately due upon receipt of final invoice unless otherwise approved by Grand Events and Party Rental in writing. No orders will be scheduled for delivery until full payment is received except with pre-approved credit. An order is considered complete 5 business days prior to scheduled delivery. A $25 surcharge will be added to your account each time a completed order is changed.
4. PHYSICAL CONDITION OF RENTAL ITEM(S): You acknowledge that you will ezamine all rented item(s) prior to acceptance and affirm such item(s) are in good condition except for any defect noted on the delivery document. All item(s) will be provided on as "AS IS" basis. It is y our responsibility to return the item(s) to Grand Events and Party Rental in the same condition, except for ordinary wear.
5. USE OF THE RENTAL ITEM(S): Upon delivery, you will be provided instruction on the proper manner of using the rental item(s). You further agree that the item(s) will be used only at the address and location designated on the final invoice and only for the purpose for which the item(s) was manufactured and intended. Any assignment, sublease or improper use of the item(s) by you is prohibited. You are responsible to read and understand all manuals, written operating instructions and warnings as supplied for the item(s). You alone are also responsible to ensure compliance with all federal, state, and local laws; any zoning or use restrictions; and other laws, ordinances, codes, or deed restrictions with regard to the item(s).
6. RESPONSIBILITY FOR USE: You are responsible for the use of the rented item(s). You shall be solely liable for any damages resulting from your negligence, gross negligence, bad actions and omissions with regard to the rented item(s). You specifically acknowledge that Grand Events and Party Rental and Buck Hardware and Garden Center, Inc. and any of its agents, representatives, officers, directors, employees, members, affiliates, successors or assigns (collectively hereafter referred to as "Grand Events") are not responsible for your or any one else's safety. You are also aware that there are inherent mechanical and other risks in using rental item(s) that can cause severe or occasionally fatal injury. You also understand that unanticipated and unexpected dangers may arise during such rental. Being fully aware of the risks, conditions, and hazards, you voluntarily and expressly agree to assume these risks of injury to you and your property that may be sustained in connection with the item(s) whether they are now known or unknown.
7. INDEMNIFICATION: You agree to INDEMNIFY, RELEASE, DEFEND, and HOLD HARMLESS Grand Events from and against any and all clams, losses, damages, penalties, or lawsuits (including court costs and attorneys' fees, and experts' fees reasonably incurred) asserted by any and all persons on account of, resulting from, or caused by, in whole or in part, any act, omission, neglience, or fault of Grand Events, in connection with the rented item(s) or the services provided hereunder, including but not limited to, those in connection with the loss of life, personal injury, damage to property, adverse effects on the environment, any liability for fines, fees or penalites for violations of any federal, state, or local statutes, ordinances, codes, rules, regulations, or standards applicable to the rented item(s).
8. DISCLAIMER OF WARRANTIES: YOU AGREE THAT NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE HAVE BEEN MADE IN CONNECTION WITH THE EQUIPMENT RENTED OR PURCHASED.
9. RESPONSIBILITY FOR EQUIPMENT: From the time the item(s) is accepted at the time of delivery until it is returned, you are responsible for it. If the item(s) is lost, stolesn, or damaged under any circumstances while rented, regardless of fault, you shall be responsible for all charges, including labor cost, to replace or repair the item(s). Failure to return rented property under the terms of this contract may subject you to criminal prosecutions.
10. SITE PREPARATION: Please be sure your site is ready (i.e. lawns mowed, vehicles out of the way, etc.) before crew arrives. You alone are responsible to provide Grand Events with markings on the ground of the existence of any underground utilities (i.e. phone or gas lines, septic systems, etc.), or condition that may interfere with the ability to stake and/ or anchor equipment. You assume all responsibility for all damage to underground equipment or items in absence of such markings.
11. DELIVERY, SETUP, & ATTENDANT SERVICES: To provide efficient, dependable delivery and setup service to all our customers, 24 to 48 hours notice of any change is generally required subject to any applicable surcharge fees at Grand Event's discretion. Emergency service will be provided whenever possible, at a rate mutually agreed by both parties and determined by the circumstances. Weekend delivery of pickup service is also available. Chair and table setup is available. A typical labor charge for this service may be .50 or $1.00 per chair (dependent on chair type) or $1.00 per table. You or your authorized agent must be on site to provide appropriate instruction or a detailed sketch must be provided. Attendant services are generally available and must be scheduled in advance. This service is typically associated with tent related work. The rate is $50.00 per hour, portal to portal, with a four hour minimum charge. Set up labor is included for only a few items we inventory. Platforms, dance floors, pipe and drapery, and tent rental rates are quoted with installation included. Grand Events will do its best to honor your delivery requests; however, delays and changes in the schedule are sometimes unavoidable. We try to communicate any scheduling changes as they occur. All items will be delivered and picked up at a designated location. You or your authorized agent should be available to count all items upon delivery and pickup, otherwise, the counts performed by Grand Events will be considered final.
12. DELIVERY FEES: All fees are based on tailgate delivery. Additional delivery and labor charges will occur for any second floor delivery, excessive distance between truck and where customer wants items placed, and after-hours delivery and pickup. Delivery fees quoted may change after site inspection. A $100.00 weekday surcharge of $150.00 weekend surcharge will apply to after-hours or emergency deliveries. Non-routine deliveries (thos deliveries/pickups which must take place before or after normal business hours) will be accommodated with a charge to be determined by circumstance.
13. CLEANUP/EXPECTATIONS WHEN RETURNING ITEM(S): All floral arrangements, trash, and decorations of any kind should be removed from tent before scheduled pickup time. All chairs and tables should be stacked as delivered. All dishes, glassware and cooking equipment should be returned to proper rack or container and assembled at a single location for pickup. Dishes, glasses, and flatware must be well rinsed and food and particle-free. Stoves, ovens, and grills must be returned clean. Linens should also be food and particle-free and be shaken out and put into clear bags provided. Damaged items will be billed for actual repair or at replacement cost. Additional charges shall be imposed if the above requirements are not met in Grand Event's sole discretion.
14. WEATHER: Tents are a fabric structure which by their nature will keep out low or moderate intensity rain. Tents are temporary structures and do not provide safety or cover when subject to high winds, electrical storms, and heavy rains. If there is any doubt to as the severity of a storm, you should evacuate the tent(s) immediately and seek the shelter of a permanant building.
15. COLLECTION COSTS, GOVERNING LAW, JURISDICTION, & VENUE: In the event that You should fail to make any payment owing under this Agreement or violate any provision of this Agreement, You agress to pay all attorney fees, collection fees, court costs, and any other expenses incurred by Grand Events to enforce this Agreement. This Agreement shall be deemed to have been made, executed, governed by, and construed in accordance with the laws of the Pennsylvania without regard to its conflict of laws principles. Further, the language of this Agreement shall be construed as a whole according to its plain meaning and not strictly for or against any party. In consideration of the work performed and/or item(s) cupplied by Grand Events and in order to induce Grand Events to enter into this Agreement, You consent to personal jurisdiction and venue soley in the Courts of Lancaster County, Pennsylvania regarding any and all disputes, claims, actions and/or litigation related to or arising out of this Agreement
16. MODIFICATION, SEVERABILITY, & AUTHORITY: This Agreement constitutes the entire agreement between the parties and supersedes and cancels any prior agreements, representations, warranties, or communications, whether oral or written, amond the parties relating to this transaction or the subject matter herein. Any changes to the terms and conditions of this Agreement may only be made by a written amendment, email, or fascimile signed by both parties. In the event that any provision of this Agreement or any word, phrase, clasue sentence, or other portion should be held to be unenforceable or invalid for any reason, such provision or portion shall be modified or deleted to make this Agreement as modified, legal, and enforceable to the fullest extent permitted under law. The below signed represent and acknowledge that he/she have full authority on behalf of You to execute this Agreement. In no event shall any provision contained in this Agreement be construed or deemed to confer any rights on any other person or entity as a third party beneficiary or otherwise.
17. ACKNOWLEDGMENT: You are instructed to carefully examine this Agreement with care and to review it with legal counsel to familiarize yourself with respect to all conditions and obligations which might in any way affect this Agreement. You and the undersigned are requested to inform Grand Events regarding any questions converning the Agreement's terms, conditions, operation, and enforcement. Failure to do so will be at your sole risk. By signing this Agreement, you and the undersigned indicate that you have reviewed and understand all of the terms and conditions of this Agreement, that it is legally binding and you were not induced to sign by any assurances of Grand Events.
18. DAMAGE WAIVER: If you pay the damage waiver charge, subject to the limitations and exclusions below, Grand Events agrees to modify the terms of this contract and relieve you of liability for accidental damage to the rented item(s) and for loss due to fire, windstorm, and riot alone. At Grand Event's sole discretion we will exclude from the waiver any loss or damage due to: theft; burglary; collision; misuse or abuse; intentional damage; mysterious disappearance; or any loss due to your failure to care for the item(s) as a prudent person would his/her own property. If any loss tends to indicate a crime may have been commiteed, You must file a report to the proper law enforcement authorities and furnish Grand Events with a copy.
19. INSURANCE: Grand Events shall be named as an additional insured on any and all insurance policies obtained by You with regard to the rented item(s).
20. Grand Events and Party Rental is a division of Buck Hardware and Garden Center, Inc.
