Disclaimer of Warranties
We make no warranty against interference, merchantability or fitness for any particular purpose. There is no warranty or representation that the rented item is fit for your particular use, or that it is free from latent defects. There are no warranties that extend beyond the face of this agreement. We will not be responsible to you or any third party for any loss, damage, or injury resulting from the use of, or any failure of, the rented item. We will not be responsible for any defect or failure of the rented item unknown to us. Your sole remedy for any failure of or defect in the rented item is termination of the rental charges at the time of the failure, provided that you notify us immediately of such failure and return the rented item to us within 48 hours of such failure.
Hold Harmless and Indemnity
You assume all risks inherent in the operation and use of the rented items by you and anyone else. You agree to assume the entire responsibility for the defense of, and to pay, indemnify, and hold us harmless from, any and all claims for damage to property or bodily injury (including death), or for loss of time or inconvenience resulting from the use, operation or your possession of the rented items, irrespective of any cause claimed or found other than our gross negligence.
Assumption of Risk/Release of Liability
You are fully aware and acknowledge that there is a risk of injury or damage arising out of the use or operation of the equipment, and voluntarily elect to enter into this Rental Contract and assume all of the risks of injury or damage. You agree to release and discharge us from any and all responsibility or liability from such injury or property damage arising out of the use or operation of the equipment during the rental period. You further agree to waive, release and discharge any and all claims for injury or damage against us which you may be otherwise entitled to assert.
Care of Equipment
You are the insurer of the rented equipment and items and assume the entire risk of all loss and damage, regardless of cause, with respect to the Equipment, reasonable wear and tear excepted. Accrued rental charges may not be applied against the purchase or replacement of damaged, lost or stolen equipment. Equipment, unreturned when due or damaged beyond repair, must be paid for by you at its full, current replacement cost, including all shipping and handling charges. The cost of repairs will be borne by you whether performed by us or, at our option, by another. You also agree to pay a reasonable cleaning charge for equipment returned dirty. You agree to pay us for the above stated losses, charges and costs immediately upon receipt of invoice.
Return of Equipment
You agree to return the rented equipment and items by the agreed return date in the same condition as when the equipment was received, ordinary wear and tear excepted. You shall be liable for all damages to or loss of the equipment and liability incurred prior to return. You shall also be responsible for all costs incurred by us in recovering and returning damaged equipment to our premises. If equipment is to be picked up by us, you agree to provide a secure storage location and accept all risks relative to the stored equipment for a reasonable period of time until we pick up the equipment. If you do not return the Rented Equipment prior to the expiration of the Rental Period, and during our regular business hours, the rental rate shall continue until the Equipment is returned.
Non-refundable deposits are required for all tents and Dunk Tank rentals. No booking of these items will be confirmed until the appropriate deposit has been obtained by way of cash, debit, VISA, Mastercard or American Express. Cheques are acceptable for deposits made more than 3 weeks prior to the installation date. All deposits will be attributed to the balance at time of final payment..
Prior to any order either being delivered by us or picked up by you from our location, you must first provide a valid credit card to us to be kept on record until the time that the rental equipment has been returned to our location. For rental equipment and goods being delivered by us, full payment is due at least 24 hours prior to your scheduled delivery date. No orders will be scheduled for delivery until final payment is received. Orders being picked up by you from our location must be paid for in full at the time of pickup. Payment shall be made by cash, debit, VISA, Mastercard, or American Express.
Delivery and Pickup
Delivery and pickup shall be at our convenience. You grant us the right to enter your premises for the sole purpose of delivery, installation and pickup of our rental equipment and goods. You agree to pay a service charge of $ 25.00 for each extra delivery or pickup call occasioned by you and required of us. Delivery will be to the ground floor only. There is an additional charge of $30.00 per floor for delivery or pickup up or down stairs. Delivery must be made to, and equipment kept in, a sheltered location protected from the elements. You are responsible for maintaining the delivery and pickup times agreed upon in order to ensure the availability of equipment. If entry to a building is inaccessible at the agreed upon time for delivery or pickup, you agree to pay a service charge of $ 30.00 plus any additional rental charges incurred. Our drivers will make every effort to make themselves heard and available at the front entrance of the designated building, but you bear the responsibility for providing access for our drivers. Items used in the packaging and transportation of rented equipment, such as crates, boxes, cartons, racks, straps, dollies, and the like remain our property during your use and must be returned with the equipment. You agree to pay for any items that become lost or damaged.
Repair or Replacement
You agree to pay for any damage to or loss of the goods while in your possession, regardless of cause, reasonable wear and tear excepted. Accrued rental charges cannot be applied to the purchase or cost of repair of damaged, lost or stolen goods. Goods not returned when due, or damaged beyond repair, will be paid for at their fair market value when rented. You agree to bear the cost of repairs, whether performed by us or, at our option, by another. You agree to pay for the above stated losses, charges, and costs immediately upon receipt of our invoice.
You agree to return all linens in laundry bags, dry and debris-free. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG – MILDEW WILL RESULT.
If there is obvious damage to linens, such as mildew, wax, excessive stains, burns or tears, you agree to pay the full replacement costs of the linens.
Damage Waiver is Not Insurance. You are responsible for any loss or damage to the rented items and for their return in the same condition in which they were received, except for ordinary wear and tear. If you accept the Damage Waiver, however, we agree to waive our right to recover from you the amount of loss or damage to the rented items. You agree to immediately notify us of any accident and promptly submit any applicable police reports. If you have insurance, the Damage Waiver becomes secondary, and you agree to exercise all rights available to you under your insurance coverage and assign all claims and proceeds from your insurance coverage to us. Notwithstanding the foregoing, your liability for loss of, or damage to, the rented items will not be waived in the following circumstances:
Additional Charges. You shall pay Additional Charges for the following services:
We may, at our sole option, and without reducing our liability hereunder, subcontract all or any part of our obligations under this Rental Agreement.
In instances where neither party can produce an original counterpart of this agreement or any amendment thereto, a facsimile copy shall be treated as the original.