RENTAL CONTRACT TERMS :
In consideration of Classic Events & Parties (“CEP”) renting the Equipment (“Equipment”) to CUSTOMER (as described on the front page(s) of this Contract), and as a condition thereof, CUSTOMER, on behalf of itself and its employees, owners, agents, invitees, guests, contractors, representatives, heirs, successors and assigns, agrees with CEP as follows:
1. INSPECTION OF EQUIPMENT. CUSTOMER acknowledges and agrees that: (a) CUSTOMER has had an opportunity to inspect the Equipment; (b) CUSTOMER is renting the Equipment on an “as is” basis with all faults; (c) CUSTOMER finds the Equipment suitable for CUSTOMER’S needs and in good condition; and (d) CUSTOMER understand the proper use and safety precautions associated with the Equipment. CUSTOMER further acknowledges that it is the duty of CUSTOMER to inspect the Equipment prior to use and to promptly notify CEP if the Equipment is not in operating condition.
2. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the Equipment becomes unsafe or in disrepair as a result of normal use, CUSTOMER agrees to discontinue use and promptly return the Equipment to CEP, and CEP will replace the Equipment with similar or comparable Equipment in good working order if available. CEP is not responsible for any incidental or consequential damages to CUSTOMER caused by delays, unavailable Equipment or otherwise.
3. DISCLAIMER OF WARRANTIES. CEP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT’S MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. CUSTOMER’S SOLE REMEDY FOR ANY FAILURE OF, OR DEFECT IN EQUIPMENT, SHALL BE THE TERMINATION OF THE RENTAL CHARGES AT THE TIME OF FAILURE, PROVIDED THE EQUIPMENT IS RETURNED TO CEP WITHIN 24 HOURS OF CUSTOMER’S DISCOVERY OF THE DEFECT. CEP MAKES NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER’S INTENDED USE, OR THAT IT IS FREE FROM DEFECT. CEP SHALL NOT BE RESPONSIBLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE SUSTAINED BY ANYONE WHILE THE EQUIPMENT IS UNDER CUSTOMER’S POSSESSION, CUSTODY OR CONTROL, OR ARISING OUT OF ANY DEFECT IN THE DESIGN, MANUFACTURE OR DURABILITY OF THE EQUIPMENT, OR ARISING OUT OF CEP’s NEGLIGENT ACT OR OMMISSION OR FAILURE TO WARN OR FROM ANY OTHER CAUSE OR CONTRIBUTING CAUSE.
4. INDEMNITY AND HOLD HARMLESS AGREEMENT. CUSTOMER agrees to indemnify CEP, assume all risks of, and to hold CEP harmless from and against any and all property damages, personal injuries, claims, liabilities, law suits, and expenses caused by the Equipment or its delivery or installation and/or arising out of CEP’s negligent act or omission, and the use of the Equipment by any person, whatsoever, including attorney’s fees and costs incurred in defense thereof.
5. PROHIBITED USES. Use of the Equipment for illegal purposes or an illegal manner, or when the Equipment is in bad repair or unsafe, or for improper or unintended uses, or use by anyone other than CUSTOMER or CUSTOMER’S employees, guests, invitees or agents without CEP’s written permission, or use at any location other that the address furnished in writing to CEP by CUSTOMER without CEP’s written permission is prohibited, and constitutes a material breach of this contract.
6. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT. CEP may assign its rights and obligations under this contract without CUSTOMER’S consent, but CEP will remain bound by all obligations herein. CUSTOMER may not assign this contract, or sublease or loan the Equipment to any third party without CEP’s written consent, which consent may be withheld at CEP’s discretion. Any purported or attempted assignment, sublease or loan of the Equipment by CUSTOMER is invalid and void.
7. TIME OF RETURN. CUSTOMER’S right to possession of the Equipment terminates on the expiration of the contract rental period and retention or possession after that time constitutes a breach of this contract. Time is of the essence with this contract. Any rental period extension must be mutually agreed upon in writing.
8. LATE RETURN. CUSTOMER agrees to return the Equipment during CEP’s regular store hours upon termination of the contract rental period. If not timely returned, CUSTOMER shall pay an additional charge of 20% of the daily rental rate for each hour any Equipment is retained beyond the expiration of the rental period.
9. DIRTY, DAMAGED OR LOST EQUIPMENT. Unless CUSTOMER pays the Accidental Damage Waiver charges (see Section 10 below), CUSTOMER agrees to pay for any damage to or loss of the Equipment as an insurer, regardless of the cause, reasonable wear and tear in the judgment of CEP excepted, while the Equipment is out of the possession of CEP. CUSTOMER also agrees to pay a reasonable cleaning charge for Equipment returned dirty, in the judgment of CEP. Accrued rental charges shall not be applied against the cost to repair or replace damaged or lost Equipment. Equipment damaged beyond repair shall be paid for by CUSTOMER at the Equipment’s fair market value when rented. The cost of repairs will be paid by CUSTOMER, whether performed by CEP or, at CEP's sole option, by others.
10. ACCIDENTAL DAMAGE WAIVER. By accepting the Accidental Damage Waiver, CUSTOMER is protected against accidental damage to rented Equipment, except as follows: (a) damage to tires, wheels and tubes; (b) dishonest acts; (c) misuse or abuse; (d) lack of lubricant or coolant; (e) theft or loss of the Equipment; (f) violation of the law or any terms of this contract; or (g) overloading or exceeding the rated capacity of the Equipment.
11. COLLECTION COSTS. CUSTOMER agrees to pay all reasonable collection costs, attorneys’ fees and other expenses involved or incurred by CEP in the collection of the charges (whether by judgment or otherwise) or the enforcement of CEP’s rights under this contract.
12. REPOSSESSION. Upon failure to pay Equipment rent or other breach of this contract by CUSTOMER, CEP may terminate this contract and take possession of and remove the Equipment from wherever located, and CEP and its employees, officers, shareholders, contractors, agents and representatives shall not be liable for any claims for damages or trespass arising out of the retrieval or removal of the Equipment from the possession or control of CUSTOMER, or other location(s).
13. FAILURE TO RETURN EQUIPMENT DURING BUSINESS HOURS. In the event the rented Equipment is not returned during CEP’s regular business hours, CUSTOMER agrees to pay for any damage to or loss of the Equipment occurring between the time of return and the commencement of CEP’s next business day.
14. CREDIT CARDS. Recording of MasterCard, Visa, Discover or American Express credit cards on this contract authorizes payment of all contractual charges, including but not limited to Equipment repair or replacement of damaged or lost Equipment, unless paid by other means satisfactory to CEP.
15. CANCELLATION. Any cancellation of this contract or any order for Equipment rental by CUSTOMER must be in writing, and shall be effective only upon the actual receipt thereof by CEP. If CUSTOMER or its representatives cancels rented or ordered Equipment less than thirty (30) days prior to the delivery or pick up date, CUSTOMER is responsible for 50% of the contract/order total. If the rented or ordered Equipment is en route or delivered to the designated site and cancellation occurs, CUSTOMER is responsible for 100% of the contract/order total. In the event CUSTOMER orders additional equipment less than 48 hours prior to the scheduled delivery time, a 35% surcharge on materials and labor shall be added to the contract/order total. If CUSTOMER requests CEP to make an extra trip(s) for additional equipment not originally contracted/ordered, CUSTOMER shall pay CEP’s standard labor and mileage charges.
16. PERMITS. CUSTOMER is responsible for obtaining any and all permits or licenses that may be required for the Equipment rental, including without limitation: tents, sound, food service, beverage and entertainment. CEP will be held harmless from all damages, claims, or liabilities of any nature as a result of CUSTOMER’S failure to obtain required permits or licenses.
17. AUTHORITY. The individual signing this contract on behalf of CUSTOMER represents and warrants to CEP that he/she has the express authority to sign this contract and to bind CUSTOMER to perform each and every obligation set forth in this contract.
18. UTILITY INSPECTION. CUSTOMER is responsible for insuring that the job site for delivery and installation of tenting and other Equipment is free from utility lines above and below ground, including, but not limited to: telecommunications, cable, water, sewer, electrical, gas and irrigation. Regardless of any utility inspection, CEP will be held harmless from all damages, claims, or liabilities of any nature caused by tent staking or other Equipment installation or removal.
As of 2009, the information telephone numbers for general underground inspections are:
IOWA 800-292-8989 MINNESOTA 800-252-1166 WISCONSIN 800-242-8511
NOTE: Some private facilities might not be serviced by the above inspectors. CUSTOMER must then contact each utility service provider for inspection.
Customer service is a very important part of CEP’s business. CEP is constantly working to provide customers with the very best service. If you have any suggestions, comments or concerns please contact us by mail at Customer Service 8933 Lyndale Avenue South, Bloomington, MN 55420.