TERMS AND CONDITIONS
NOTE: Driver pick-up time is approximate. Customer is responsible for, and required to stay with all the equipment until it is picked up by our representative, or other arrangements have been made.
1. Equipment, Rent, Payment, and Term of Rental Agreement: Customer rents from LTD Party and Equipment Rentals, LLC. certain equipment described on the invoice page of this Agreement. The rental fee set forth is payable, in full, in advance, and the rental term shall be that listed as «date»: «start»-«end» on the invoice page, but all of Customer's obligations arising under the terms and conditions of this Rental Agreement shall run from actual delivery of the Rental Equipment to the actual pick up of the Rental Equipment by LTD Party and Equipment Rentals, LLC. If the Equipment is delivered by LTD Party and Equipment Rentals, LLC and accepted by Customer, then Customer shall not be entitled to any refund whatsoever if Customer elects not to use the Equipment due to weather or other causes.
2. Weather: LTD Party and Equipment Rentals, LLC. can not guarantee weather conditions, we reserve the right to cancel or reschedule your rental prior to delivery if severe weather conditions are imminent or if we have any reason to believe that the equipment and/or its users may be in danger. Some examples of severe weather are high winds, excessive rain and lightening.
3. Delivery: LTD Party and Equipment Rentals, LLC. shall deliver the Rental Equipment to «address» specified by Customer as listed on the invoice page of this Agreement. Customer grants to LTD Party and Equipment Rentals, LLC. true right to enter the property at «address» for delivery, and required set up, if any, and for subsequent pick up of the Rental Equipment and any associated equipment or packing materials at the approximately specified times.
4. Receipt/inspection of Rental Equipment: Customer hires the Rental Equipment on an "as is" basis. Customer acknowledges that Customer has inspected the installation of the rental equipment and will personally inspect the rental items prior to its use, and will read the operating/safety instructions prior to use. Customer specifically agrees that such rental items will not be used if Customer finds that it is not suitable for Customer's needs. Customer acknowledges receipt of all items listed in this Rental Agreement, and that they are in good working order. LTD Party and Equipment Rentals, LLC. makes no warranties either expressed or implied as to the condition or performance of any equipment and/or property leased by Customer.
5. Possession/Title: Customers right to possession of the Rental Equipment begins upon the items being delivered to Customer's premises and terminates on the actual pick up by LTD Party and Equipment Rentals, LLC. Retention of possession, or any failure to permit the pick up of the item(s) at or after the end of the "Rental Period" specified constitutes a material breach of this Agreement. In the event that the Equipment is not returned for any reason, including theft, the Customer is obligated to pay to LTD Party and Equipment Rentals, LLC. the full replacement value for such Equipment, plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment by LTD Party and Equipment Rentals, LLC. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of LTD Party and Equipment Rentals, LLC. delivery of the items, until LTD Party and Equipment Rentals, LLC. picks up such items. Customer shall not cause nor permit these items, or any of them, to be sublet, rented, sold, or removed from the Delivery Address, or otherwise transfer such items. If rental items are not returned and/or levied upon for any reason whatsoever, LTD Party and Equipment Rentals, LLC. may retake possession of said items without further notice or legal process. Customer hereby agrees to indemnify, defend, and hold LTD Party and Equipment Rentals, LLC. harmless from any and all claims and costs arising from such retaking and/or levy. If rental items are levied upon, or otherwise moved from Delivery Address, Customer shall notify LTD Party and Equipment Rentals, LLC. immediately.
6. Care of the Rental Equipment: Customer shall be responsible for any and all damage to any of the Rental Equipment not caused by ordinary wear and tear. "Ordinary wear and tear" shall mean only the normal deterioration of the rental equipment caused by ordinary, reasonable and proper use of the rental equipment. Customer shall be liable to LTD Party and Equipment Rentals, LLC. for any and all damage which is not "ordinary wear and tear" in an amount equal to the replacement value of the rental equipment.
7. Compliance with Laws: Customer agrees not to use or allow anyone to use the rental equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his/her/their sole cost and expense to comply with all municipal, parish, state, federal or other governmental or quasi-governmental laws, ordinances and/or regulations which may apply to the use of the rental equipment during the rental period. Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from Customer's use of the rental equipment, including any subsequently determined to be due. Customer is solely responsible for obtaining any all permits and/or licenses from the appropriate government agencies prior to use.
8. Duty to Mitigate: In the event of injury, damage or loss due to Customer negligence, Customer agrees and assumes the duty to mitigate all costs resulting from said injury, damage, or loss.
9. Disclaimer of Consequential Damages: Customer agrees to forego seeking any consequential damages in the event of any injury, damage or loss due to Customers negligence.
10. Merger Clause: This Agreement along with the Invoice and the Rules Governing the Safe Operation of Inflatable Equipment(if used) constitutes the full agreement between LTD Party and Equipment Rentals, LLC. and Customer. Any prior agreements, whether written or oral, promises, negotiations or representations not expressly set forth herein shall be of no force or effect. Customer acknowledges the receipt of the Rental Equipment that is the subject of this Rental Agreement and General Release and the fact that it is in good working order.
I, _____________________________________, HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND AGREE TO BE BOUND BY THEM. I FURTHER WARRANT AND REPRESENT THAT I AM THE CUSTOMER AND AM AUTHORIZED AND EMPOWERED TO ACCEPT DELIVERY OF THE EQUIPMENT AND TO SIGN THIS AGREEMENT.