For the purpose of this Rental Agreement, "Rental Center" shall mean Rental Center, its owners, officers, directors, shareholders and employees, and "Customer" shall mean Customer, its agents and/or employees. In consideration of hiring of the items(herein "the rental or items") discribed on the Rental Agreement it is agreed as follows:
1. INDEMNIITY/HOLD HARMLESS: Customer will take all necessary precautions regarding the items rented and protect all persons and property from injury or damage. Customer agrees to hold harmless Rental Center from and against and and all liability, claims, judgements, attorneys' fees and cost of every kind of nature, including, but not limited, to injuries or death to persons and damage to property, arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the items rented. However,caused, except claims or litigation arising through the sole negligence or willful misconduct of Rental Center.
2. ASSUMPTION OF RISK/RELEASE-DISCHARGE OF LIABILITY: Customer is fully aware and acknowledges there is a risk of injury or damage arising out of the use or operation of the items rented here under and hereby elects to voluntarily enter into this Rental Agreement and assume all of the above risk of injury or damage. Customer agrees to release and discharge Rental Center from any and all responsibility or liability from such injury or damage arising out of the use or operations of the rental items; and customer further agrees to waive, release and discharge any and all claims for injury or damage against Rental Center which Customer otherwise may be entitled to assert.
3. TITLE AND OWNERSHIP:The items rented shall at all times be and remain the sole and exclusive property of the Rental Center.. Customer shall have only the rights to use the rental items in accordance with the terms of this agreement. Rental Center shall have the right to display notice of its ownership of the rental items by display of an identifying stencil, plate or other marking, and Customer agrees that it will not remove or cover such markings without written permission of Rental Center. It is expressly intended and agreed that the rental items shall be personal property even though it may be affixed or attached to real estate. The rental items shall not be removed from the place of delivery or installation without the expressed written permission of Rental Center.
4. INSPECTION: Customer acknowledges that he has had an opportunity to personally inspect the rental items and finds it suitable for his needs and in good condition. Customer understands its proper use. Customer further acknoledges Customer responsibility to inspect the rental items pior to its use and to notify Rental Center of any defects.
5. REPLACEMENT OF MALFUNCTIONING ITEMS: If the rental items become unsafe or in disrepair for any reason, Customer agrees to discontinue its use and notify Rental Center. Rental Center will repair or replace the items with similar items in good working order if available, and if the defect is the result of normal use. Rental Center is not responsible for any incidental or consequential damages caused by delays or otherwise, and Customer hereby waives any right or entitlement thereto.
6. WARRANTIES: Rental Center is not the manufacturer of the rented property nor the agent of the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given, and Customer expressly waives all such warranties of fitness which may be accorded by law or over wise. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the rental items are suited for Customer's intended use, or that it is free from defects, and any and all such warranties of fitness, or otherwise, are expressly and specifically waived by the customer.
7. HOLD HARMLESS AGREEMENT: Customer shall defend, indemnify and hold harmless Rental Center its employees, agents and subsidiaries, from and against all claims, liabilities, losses, damages to property or otherwise, and expenses, of every character whatsoever, resulting from the actions, negligent or over wise, of Customer, Customer employees and agent of Customer or Customer subcontractor. The Indemnities included in this exhibit shall include reasonable attorney's fees paid by Rental Center in defending suit and actions involving liability covered by the indemnification provision in this paragraph.
8. TIME OF RETURN: Customer right of possession terminates on the expiration of the rental period and retention of possession after this time constitutes a material breach of Customer's obligations under this contract. Time is of the essence in this agreement. Any extension must, at Rental Center's election be mutually agreed upon writing.
9: ASSIGNMENTS, SUBLEASES AND LOANS OF RENTAL ITEMS: The Rental Center may assign its right under this contract without the Customer's consent, but will remain bound by all obligations herein. The Customer may not sublease or loan the rental items without the Rental Center's written permission. Any purported assignment by the Customer is void.
10. RETURN OF RENTAL ITEMS: At the termination of this agreement, Customer shall return all the rental items to Rental Center's premises during Rental Center's regular business hours. In the condition and repair as when delivered to Customer, subject only to reasonable wear and tear. Customer shall be liable for all damages to or loss of the Equipment occurring because it was not returned within Rental Center's regular business hours. If the Rental Center has agreed to deliver the Equipment to the Customer or to pick up the Equipment from the Customer, Customer shall be responsible for all losses or damage to the Equipment from the time of delivery to Customer and until picked up by Rental Center.
11. INSPECTION BY RENTAL CENTER: Rental Center shall at all times have the right to enter any premises where the Equipment may be located for purposes of inspecting it, observing its use, or removing it from Customer's premise.
12. COMPLIANCE WITH LAWS/USE OF RENTAL ITEMS: Customer agrees not to use or allow anyone to use the rental items for any illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the rental items during the rental period. Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from his use of the rental items, including any subsequently determined to be due. Customer is responsible for obtaining all permits and/or licenses from the appropriate governmental agencies. Rental Center may at the Customer's request act as the agent to obtain required permits and/or licenses. If these agencies should require additional rental items, the expense of these rental items will be sole responsibility of the Customer. If the permits or Licenses are denied for any reason, Customer is still responsible for all financial and other obligations pursuant to this Agreement to Rental Center or its subcontractors.
Customer shall not allow any person who is not qualified and who has not received and understands safety and operating instructions and who does not utilize all safety equipment required, to operate the rental items or use of the rental items. Customer shall not allow any person to use or operate the rental items when it is in need of repair or when it is in an unsafe condition or situation; modify, misuse, harm or abuse the rental items; permit any repairs to the rental items without Rental Centers prior written permission; or, allow a lien to be placed upon the rental items.
Customer agrees to check filters, oil, fluid levels, air pressure, clean and visually inspect the rental items at least daily and to immediately discontinue use and notify Rental Center when rental items are found to need repair or maintenance or is not properly functioning.Customer acknowledges the Rental Center has no responsibility to inspect the rental items while they are in Customer's possession.
13.DELIVERY/ PICK UP: Delivery is made to closet point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and take down of tables and chairs. On pick up where no prior arrangements have been made and rental items are not taken down and assembled in one sheltered area, tables and chairs may be left until a special crew can be scheduled. There will be an additional one day rental. A take down fee will result if rental items are still up. As to any Products sold and/or delivered hereunder, Customer releases Rental Center from any liability arising hereunder for personal injuries, known or unknown, and damages to property real or personal caused by or arising from the Products sold and/or delivered hereunder and agrees not to sue Rental Center under any theory of strict liability or tort, negligence, contract or otherwise for any claim or demand for personal injuries and property damage which in any manner arises out of the sale, use, application, transportation or otherwise of the Products sold and/or delivered hereunder.
14. CLEANING: China, Glassware and Flatware must be returned rinsed and repacked properly in boxes/racks provided or additional charges will be assessed.
15. LINENS: Table linens are inspected prior to pick up and upon return. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG- mildew will result. If there is obvious damage such as mildew, excessive stains, burns or tears, You will be charged the cost of the linen. Return all linens dry and free of waste.
16. DIRTY, OR DAMAGED ITEMS: Customer agrees to pay for any damage to rental items regardless of cause, except reasonable wear and tear while rental items are out of possession of Rental Center. Customer also agrees to pay a reasonable cleaning charge for all rental items returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair or damaged goods. Rental Equipment damaged beyond repair will be paid for by Customer at its Replacement Cost. The cost of repairs will be borne by the Customer, whether performed by Rental Center, or at the Rental Center's option by others.
17. DAMAGE WAIVER:If accepted by the Customer (not available on bits & blades, china, glassware and other items noted) Rental Center agrees, in consideration of an additional charge of the gross rental charges, to modify the responsibilities of Customer created in paragraph 16 [Dirty or Damaged Equipment], for Damage Waiver Charge provided provided the Customer takes reasonable precautions to protect rental items. The Rental Center assumes risk of damage to rental items, except the following risks assumed by the Customer: [a] Loss, damage, vandalism, malicious mischief, and theft [b] Loss, damage or theft of accessory items such as extension cords, etc. [c} Loss due to mysterious disappearance or wrongful conversion by a person entrusted with rental items. [d] Damage waiver is null and void if damage is caused by a third party not associated or related to Customer. In this instance the Rental Center reserves the right to collect from the person or company causing damage. THE LESSEE UNDERSTANDS THAT THE DAMAGE WAIVER IS NOT INSURANCE. THE LESSEE IS OBLIGATED TO SUBMIT TO THE LESSOR A POLICE REPORT ON ALL LOSSES COVERED UNDER DAMAGE WAIVER PLAN. The Customer may decline Damage Waiver charges by making a cash deposit equal to the full value of the rental items. Damage Waiver does not cover damages caused by misuse, abuse, harm, or modifications to the rental items.
18. THEFT OF RENTAL ITEMS: The Customer agrees to pay for rental items for all types of theft or mysterious disappearance. Damage Waiver does not cover theft.
19. RETAKING OF RENTAL ITEMS: If for any reason it becomes necessary for Rental Center to retake the rental items, Customer authorizes Rental Center to retake the rental items without further notice or further legal process and agrees the Rental Center shall not be liable for any claims for damage or trespassing arising out of the removal of the rental items.
20. LEGAL FEES:In the event an attorney is retained to enforce any provision of this Rental Agreement, the prevailing party in the dispute shall be entitled to recover reasonable attorney's fees and court costs in such action, or proceeding, in an amount to be determined by the court.
21. WEATHER-RELATED RISK: Tents are temporary structures and could possibly collapse during severe rain, snow, or windstorm. Evacuation of Tents in high winds, snowstorms, or extreme lightning is recommended. You agree that in the event of predicted or actual storm, excessive winds or hazardous conditions, we may, at our discretion, reschedule, cancel, delay, or dismantle any previously, or to be, installed rented Tents and related items to ensure safety of all persons involved. CUSTOMER ASSUMES ALL WEATHER-RELATED RISKS INVOLVED IN HOLDING AN OUTDOOR TENTED EVENT.
22. PREPARATION OF SITE: Customer agrees to have the site upon which the rental items are to be erected, free and clear of all obstacles, natural and man made, prior to our arrival of the Rental Center work crew. Customer further agrees to have all tents cleared for removal prior to our arrival. All non-rented items and decorations shall be cleared and taken from site. If Customer fails to do so then Customer shall pay all cost involved for any delay, additional rental, and all cost including collection and legal expense.
23. MATERIAL: All tents are subject to stretching and retracting of up to 5% of listed sizes and although all tents have been impregnated with waterproofing compound, no tents are guaranteed to be absolutely waterproof, and are to be considered temporary shade structures.
24. COOKING UNDER TENTS: Customer agrees not to do any type of cooking under or within a reasonable distance of the tent. Customer assumes full responsibility and cost incurred for damage and or cleaning expense to tent top due to cooking processes under or near tents.
25. ELECTRIC POWER AND LIGHTING: Customer agrees to furnish Rental Center access to, and the right to use Customer's electrical ad power lines for the installation and operation of the rental items
26. UNDERGROUND FACILITIES: Customer agrees to have all Underground Facilities, in the vicinity of the Equipment installation, clearly marked prior to the arrival of Rental Center's work crews. Customer assumes full responsibility for damage to all Underground Facilities. To identify Underground Facilities, Customer must call one week prior to installation.
27. NOTICE OF NON-WAIVER/ SEVERABILITY: Any failure of Rental Center to insist upon strict performance by customer as regards any provision of this Rental Agreement shall not be interpreted as a waiver of Rental Center's rights to demand strict compliance with all other provisions of this Rental Agreement against Customer or any other person. The provisions of this Rental Agreement shall be severable so that the unenforceability, invalidity or waiver of any provision shall not effect any other provision.
28. LOADING AND UNLOADING EQUIPMENT: Customer is responsible for loading and unloading equipment. If Rental Center's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of, and hold Rental Center and/or its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of the Rental Center.
29. COLLECTION & VENUE COST: Customer agrees to pay all reasonable collection, attorney's and court fees and other expenses involved in the collection of the charges and or enforcement of dealers rights under this contract. Customer agrees that this agreement is to be construed under the laws of the State of Pennsylvania and that if legal action is brought to enforce this agreement that York County Pennsylvania should be the jurisdiction and legal venue for send actions unless otherwise agreed by Dealer and Customer at a later time.
30.CANCELLATION. At time of reservation A & R Rental Center will require a minimum of 25% of the total rental paid as a deposit. This deposit is non-refundable. If Customer chooses to cancel any items after the reservation A & R Rental Center has the right to charge a 25% cancellation fee for the item. All final changes and counts should be given to A & R Rental Center no later than one week before the date of the reservation. If items are decreased or canceled less than one week before the scheduled reservation A & R Rental has the right to charge Customer the full rental amount of the canceled item. It is understood by paying the deposit Customer agrees to these terms.
31. REPLACEMENT BY US. If the equipment proves inoperable or defective, malfunctions, becomes unsafe or otherwise fails to function in accordance with the manufacturer's specifications, You agree to immediately discontinue using it and notify Us within (1) hour. Failure to notify Us promptly will result in your being charged for all Time Out. If you do so and immediately return the equipment to Us, We will, at our option (a) promptly repair the equipment; (b) provide You with a reasonably similar replacement Equipment, if available; (c) make similar Equipment available to You as soon as it becomes reasonably available to Us; or (d) cancel this Contract; and adjust the Rental Charge. You agree that the foregoing will constitute Your exclusive remedy for Equipment malfunctions, and that We will have no obligation other than as set forth in this Paragraph with respect to any Rented Item that fails to function properly. YOU WILL NOT BE ENTITLED TO COLLECT FROM US, AND YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS AGAINST US FOR ANY DAMAGE, LOSS OR EXPENSE YOU MAY INCUR AS A RESULT OF THE FAILURE OR MALFUNCTION OF THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, LOST TIME, LOST PROFITS, COST OF COVER (OBTAINING REPLACEMENT EQUIPMENT AND/OR PERFORMANCE FROM ANOTHER SOURCE), INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES.
IF EQUIPMENT DOES NOT WORK PROPERLY, NOTIFY OFFICE AT ONCE. WE CHARGE FOR TIME OUT, NOT TIME USED.
Customer is responsible for Tires, Manufacture's Recommend Service Schedule, Proper Fuel & Electric Current. **Damage Waiver is not available for this item.
Failure to return rented property according to contract or use other than specified by this contract may constitute unlawful conversion of property and warrant prosecution. Title 18 Crime and Offenses of PA Consolidated Statues Section 3932 &3926