Terms and Conditions of Rental Contract
by initial hereon, declines benefits of Paragraph 16, Damage Waiver, on reverse side
of this contract â€“ Declines (Initials) ________
Customer shall notify us
immediately if equipment does not function properly or no allowances will be
I have read, understand and agree to all the
Terms & Conditions listed on the face and reverse side of this rental
contract. I acknowledge receipt of
the rental equipment, in good order, and a copy of this Rental Contract. If other than Customer, the signer represents
that he/she is an agent of and authorized to sign for Customer.
Failure to return rental property or equipment upon
expiration of the rental period and failure to pay all amounts due (including
costs for damage to the property or equipment) are evidence of abandonment or
refusal to redeliver the property, punishable in accordance with section 812.155,
Florida Statutes. Initials:
By: ________________________ÂÂÂÂ__ Customer:
(Authorized agentâ€™s signature) (Print
THIS IS A RENTAL CONTRACT. By accepting the equipment and services
under this contract, You accept and agree to the Terms and Conditions of this
Contract. Any modification to the terms
and conditions must be in writing and Signed by an officer of Ours. You should familiarize yourself with
its unusual features so that no misunderstanding of your obligations
occurs. The words â€śCustomer,â€ť â€śYouâ€ť and
â€śYourâ€ť mean the person who signs this Rental Contract (or is obligated under
the terms). â€śWe,â€ť â€śOur,â€ť and â€śUsâ€ť refer
to the CREATIVE EVENTS & RENTAL / TAYLOR RENTAL CENTER only at the address
shown above. The face and reverse side of this document contains important
terms and conditions, including our disclaimers from liability and details of
Your obligations for rental and other charges and responsibilities to care for
and return the item(s) rented. They are
part of the contract â€“ Read them.
CREDIT CARD AUTHORIZATION. By signing this Rental Contract, You hereby authorize Us to process charges against Your credit card for any amount that You may owe Us. You understand that this includes any rental fees, security deposits, missing & damaged Equipment repairs and fees, or any other fees or charges charged to You by Us. You agree that You will not dispute any legitimate charges processed by Us against Your credit card, and You agree not to request any charge backs on Your credit card until any disputed matters are first resolved with Us. In the event of any dispute rising from or charge back from Your credit card, You shall be fully and solely responsible for the settlement of payment.
1. RECEIPT /
INSPECTION OF EQUIPMENT. CUSTOMER ACKNOWLEDGES RECEIPT OF ALL ITEMS LISTED
ON THIS RENTAL AGREEMENT. You are
renting the Equipment and Item(s) on an â€śAS ISâ€ť basis. You acknowledge that
prior to taking the rental item(s), You have or will personally inspect the
equipment prior to its use, and are aware of its condition, you confirm that it
is in good working order and repair except for any defect noted on this
contract and You have determined that it is suitable for Your needs. It is Your responsibility to return rented
item(s) to Us in the same condition, except for ordinary wear and tear.
FOR USE OF THE ITEM(S). You are
responsible for the use of the rented item(s).
You agree that You are satisfied with the instruction given by Us in the
proper and safe manner of using the item(s) or that You are so familiar and
told Us that You understand (without further instructions) itâ€™s proper
operation and use. You further agree
that the item(s) will be used only at the address designated and only for the
purpose for which the item(s) was manufactured and intended. Subleasing or improper use is prohibited. You have read and understand all manuals,
written operating instructions and warnings as supplied for the equipment.
4. INDEMNIFICATION You shall indemnify and defend Us against and hold
Us harmless from any and all claims, actions, suits, proceedings, costs,
expenses, damages and liabilities, including attorneyâ€™s fees that (1) relate to
injury or to destruction of property, or bodily injury, illness, sickness,
disease or death of any person (including Your employees), and (2) are caused
by, or claimed to be caused, in whole or in part by the Equipment or by the
liability or conduct (including active, passive, primary or secondary) of Us,
Our agent or employees, or anyone for whose acts any of them may be liable. You and Us agree that We shall only be liable
or responsible for damages or claims that are caused by Our gross negligence or
willful, wanton or intentional misconduct.
You shall, at Your own cost or expense, defend Us against all suits or
proceedings commenced by anyone in which We are a named party for which We are
alleged to be liable or responsible as a result of or arising out of the
Equipment, or any alleged act or omission by Us, and You shall be liable and
responsible for all costs, expenses and attorneyâ€™s fees incurred in such
defense and/or settlement, judgment or other resolution. In the event that such action is commenced
naming Us as a party, We may elect to defend said action on its own behalf and
You agree that You shall be liable for all costs, expenses and attorneyâ€™s fees
incurred by Us in such defense. You and
Us agree that in no event shall Your liability for indemnification hereunder
exceed $1,000,000. It is the purpose of
this clause to shift the risk of all claims relating to the Equipment to the
You during the entire term of this Contract.
FOR EQUIPMENT. FROM THE TIME
THE ITEM(S) IS RENTED OUT UNTIL IT IS RETURNED, YOU ARE RESPONSIBLE FOR
IT. If the item(s) is lost, stolen or
damaged under any circumstances while rented, regardless of fault, You shall be
responsible for all charges, including labor costs to replace or repair the
item(s). If the item(s) is not returned
clean, a cleaning charge will be imposed.
FAILURE TO RETURN RENTAL PROPERTY OR EQUIPMENT AND FAILURE TO PAY ALL
AMOUNTS DUE (INCLUDING COSTS FOR DAMAGE TO THE PROPERTY OF EQUIPMENT ARE
EVIDENCE OF ABANDONMENT OR REFUSAL TO REDELIVER THE PROPERTY, PUNISHABLE IN
ACCORDANCE WITH SECTION 812.155, FLORIDA STATUTES.
FAILURE. You agree
immediately to discontinue the use of the rented item(s) should it at any time
become unsafe or in a state of disrepair, and will notify Us immediately. We agree in Our discretion to make the
item(s) operable within a reasonable time, or provide You with a like item if
available, or make a like item available at another time, or adjust the rental
charges. This provision does not relieve
You from the obligations imposed by any other paragraph. Notwithstanding any other term or condition
of this Contract, Our total liability, if any, and Your sole and exclusive
remedy for damages for any claim of any kind whatsoever with respect to this
Contract, regardless of the legal theory or the delivery or non-delivery of the
Equipment, shall not be greater than the actual rental charges. UNDER NO
CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY PUNITIVE, SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER REGARDLESS
OF WHETHER OR NOT WE HAVE BEEN APPRISED OF THE POSSIBILITY THEREOF.
7. RETURN OF
ITEM(S). The rented
item(s) is Our property and is rented to You subject to this Contract for
rental charges and for the period of time noted on the reverse side. If You desire to extend the term of this
rental beyond the time and date specified on the reverse side under â€śDueâ€ť, You
must immediately notify Us to obtain our approval, the terms for such extension
and a modification of this contract (see Paragraph 18). If this Contract has not been extended and
You fail to return the item(s) when due in:
We, to enforce Our property ownership of the item(s) and to protect Our
interest under this Contract may retake the item(s) at anytime and to do so We
or Our representatives may enter Your property and You hereby waive any right
of action against Us for such entry and retaking. In addition to any other action We may take, Wemay
notify the law enforcement authorities and take other action, including the
filing of criminal complaints, subjecting You to prosecution.
8. CHARGES AND
PAYMENTS. Time is
money. You are responsible for rental
charges from the time the item(s) is â€śoutâ€ť as specified on the reverse side
until it is returned, and for other charges under this Contract. You are to return the item(s) promptly, clean
and in good condition. All charges are
due upon return of the item(s) and on demand.
If the rental charges are charged to someone other than You, You
represent that he/she is Your agent and has the right to charge this rental;
You nevertheless will remain liable for the charges and for the other
obligations and responsibilities that You have under this Contract. Accounts
are due and payable at the termination of the rental period. A carrying charge of 1.5% (ANNUAL RATE OF
18%) will be charged on all overdue accounts. If rental charges are not paid
within ten (10) days of their due date, at Our discretion We may recalculate
all charges on a daily rental rate basis.
Your obligation to pay Us for the rental charges and other amounts to be
paid by You are independent covenants, and You shall have no right to hold
back, offset or fail to pay any such amounts for default by You or any other
9. CANCELLATIONS. You must cancel Your rental before ten (10) days of
the delivery date to avoid cancellation charges. If You cancel within ten (10) days of the
delivery date, You agree to pay a cancellation fee equal to 50% of the total
rental charges. If You cancel less than
48 hours prior to the delivery date You agree to pay 100% of the total rental
LOADING AND UNLOADING. You are responsible
for loading and unloading equipment. If Our employees assist in loading or
unloading the equipment, You assume the risk of, and hold Us and/or Our
employees harmless for any property damage or personal injuries, including
damage and personal injuries.
PROPERTY DAMAGE. We are not responsible for any
damage whatsoever as a result of on-the-job deliveries or pick up by Us
FEES, LICENSES, PERMITS, TAXES AND FINES. You are solely
responsible for paying any fees, licenses, permits, taxes or fines, required by
or resulting from Your use or operation of the rental property.
UNDERGROUND FACILITY. You shall have all
Underground Facilities, in the vicinity of the equipment installation, clearly
marked prior to the arrival of Our work crews.
You assume full responsibility for damage to all Underground Facilities,
and shall indemnify and hold us harmless for any damage thereto. To identify Underground Facilities, Customer
must call one week prior to installation
FUEL SURCHARGE. Equipment with gas/diesel engines
must be returned full of fuel or You will be charged at Our current fuel rate.
SITE PREPERATION. If We have
agreed to deliver any equipment, You shall have the site clean and ready for
the delivery and installation or dismantling and retrieval, and You agree to
pay an additional charge for any delay incurred, or additional labor performed
by Us resulting from Your failure to timely do so.
If You pay the damage waiver charge (DWC) as specified, subject to the
limitations and exclusions herein, We agree to modify the terms of this
Contract and relieve You of liability for accidental damage to the rented
item(s) on this Contract, and for loss due to fire, windstorm, upset, and riot.
We exclude from the waiver, however, any loss or damage due to theft, burglary,
collision, misuse or abuse, theft by conversion, intentional damage, mysterious
disappearance or any loss due to Your failure to care for the rental item(s) as
a prudent person would his/her own property, such as proper lubrication. In addition, if the item(s) rented is a
trailer, You are not relieved of liability of accidental damage for the trailer
caused by striking a stationary object.
If any such loss tends to indicate a crime may have been committed, a
further condition of this waiver is that You must file a report to the proper
law enforcement authorities and furnish Us a copy. In addition, if You have
insurance for the loss or damage, You shall exercise, and shall empower Us to
exercise, all Your rights to obtain recovery under that insurance and shall
cooperate with Us to obtain recovery, and all insurance proceeds shall be given
CONTRACT. This Contract and its
terms shall be governed and construed under the laws of the State of Florida,
without regard to conflicts of laws principles. The prevailing party is
entitled to receive reasonable attorneys fees, costs, and all expenses incurred
for retaking the equipment or enforcing this Contract at any stage of the
enforcement proceedings, including appeal. Except as otherwise provided herein,
any and all remedies herein expressly conferred upon You or Us will be deemed
cumulative with, and not exclusive of, any other remedy conferred hereby or by
law on You or Us, and the exercise of any one remedy will not preclude the
exercise of any other. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND US
WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER
YOU OR US AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THIS CONTRACT.
AGREEMENT This Contract
sets forth the entire agreement between You and Us with respect to itâ€™s subject
matter, and supersedes all prior and contemporaneous agreements, arrangements
and understandings. Except as otherwise stated, no representation, promise, inducement
or statement of intention has been made by You or Us that is not embodied in
this Contract, and You or Us shall not be bound by, or liable for, any alleged
representation, promise, inducement or statement of intention not set forth in
this Contract. This contract may only be
amended in writing and signed by You and Us.
WAIVER Your or Our failure to insist upon a strict
performance of any of the agreements, terms, covenants or conditions of this
Contract shall not be deemed a waiver of any rights or remedies that You or Us
may have and shall not be deemed a waiver of any subsequent breach or default
of any agreements, terms, covenants and conditions of this Contract. We may, at
Our sole option, accept partial payments for rental charges or other amounts
due under this Contract without waiving any rights concerning the existence of
any monetary or non-monetary default under this Contract, which default shall
serve and continue unaffected by the receipt of any such partial payment.
20. ASSIGNMENT; DELEGATION This Contract and the rights granted by it are personal to You. You may not assign this Contract, nor delegate duties, without Our prior written consent. Any noncomplying assignment or delegation shall be void and of no force or effect.