RESPONSIBILITY FOR USE: Customer acknowledges the inherent risk in using rented equipment and agrees to assume all risks in the transport, operation, use and possession of the items. Customer agrees to indemnify, defend and reimburse EZ Way Rental and/or Green Mountain Ingenuity LLC for all liabilities and claims to Customer, his agents or third parties arising out of the use of the goods and equipment or a breach of this Contract by Customer. In the case of tents and canopies, Customer agrees to monitor for hazardous conditions, have a plan in place, and take any steps needed to evacuate tents and canopies should the need arise. Customer is responsible for the equipment from the time taken out or received by EZ Way Rental. If the equipment is lost, stolen, or damaged, under any circumstances, regardless of fault, Customer is responsible for all charges, including labor cost and lost rental fees to replace or repair the item(s). PARTY GOODS CARE: Scrape and rinse food and beverage serving items before return. Linens must be shaken out and kept dry. All items must be sheltered and protected from the weather. Do not cook or have unapproved heat under or near tents as this may damage tent. Do not lean anything (ladders, furniture, etc) against any part of the tent as this will cause damage. MALFUNCTIONING EQUIPMENT: Customer agrees to immediately discontinue use should equipment, at any time, become unsafe or in a state of disrepair. Customer will, within one hour of problem notify EZ Way Rental that the equipment is unsafe or in disrepair, and take all necessary steps to prevent property damage and personal injury. EZ Way Rental will, at its opinion: replace equipment which failed in normal use with similar equipment if available, make the equipment operable within a reasonable time, or adjust and/or refund rental charges. Customer agrees to accept full responsibility for any incidental or consequential damages related to rental. WARRANTIES: There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suitable for Customer’s intended use or that it is free from defects. EQUIPMENT SELECTION: Customer accepts full responsibility for selection of appropriate equipment for the intended use. Customer’s sole remedy for unsuitable or unsatisfactory equipment shall be the store credit, provided the EZ Way Rental was promptly notified, within four hours of rental start time, and equipment is returned to EZ Way Rental within 24 hours of the rental start time. INSPECTION: Customer acknowledges that he/she has had an opportunity to inspect the equipment, or declines opportunity to inspect, and finds equipment suitable for his/her needs, is in good condition, and understands its proper use, and will be the sole operator of the equipment. Customer agrees to inspect equipment prior to each use and immediately notify EZ Way Rental of any defects. PARTY GOODS CONTRACT DEPOSIT: A non-refundable deposit of estimated total (default value of 35%) is required to secure a reservation and create a Contract. The remaining estimated balance is due 48 hours prior to delivery. EZ Way Rental reserves the right to terminate any reservation or Contract should payment requirements not be met. EQUIPMENT CONTRACT DEPOSIT: A deposit (default value of 35%) of estimated rental fees are required to secure reservation. EZ Way Rental reserves the right to terminate any reservation or Contract should the payment schedule not be met. SECURITY DEPOSIT: A security deposit is may be required as indicated on your Rental Agreement. Upon inspection of rental items within 48 hours of return in good, clean, dry, and complete condition, security deposit will be refunded, or credit issued with your card issuer. Deposit return funds availability depends on individual card issuer’s speed in making funds available in Customer account. Should customer keep items beyond agreed rental period, or obtain additional supplies or services, customer shall submit additional security deposit funds and/or expressly authorizes EZ Way Rental to obtain additional security deposit(s). TERMS OF RENTAL AND RETURN: The rental period and charges begin and end based on the date and time specified on rental agreement, unless: 1) amended in writing or 2) customer fails to return equipment when due. If not returned by date due per rental agreement, another rental period of the most recent or common duration will automatically commence. Customer expressly agrees to provide or allow collection of additional security deposit for extended rental agreements. Rental fees are calculated for the rental period indicated on the rental agreement and adjustment for early return is not available – special rates are available for periods longer than one day, however adjustment for early return is not available. A printed acknowledgement of return acceptance is available to customer upon request. Customer agrees to pay, on return of equipment to EZ Way Rental’s premises, all final charges and costs for the use thereof. Customer agrees to return equipment during regular store hours. In the event equipment is returned to EZ Way Rental’s premises other than normal store hours, Customer is responsible for the security and condition of the item(s) until EZ Way Rental physically takes the item under his control. EZ Way Rental may terminate rental at any time and take possession of the equipment and Customer grants express permission to EZ Way Rental to enter Customer’s premises to reclaim the equipment. EZ Way Rental and his agents shall not be liable for any claims for damage arising out of the retaking. Final inspection of equipment by EZ Way Rental will take place within 48 business hours of return acknowledgement. Failure to return the property within 1 day after this agreement has expired or the presentation of false; fictitious or misleading information may be considered evidence of intention to commit larceny and result in the filing of a police report of stolen property. DAMAGE WAIVER: At EZ Way Rental’s discretion, a Damage Wavier to relieve Customer of liability for accidental damage to rented equipment may be available. Should damage waiver be rejected, an additional $100 shall be added to the standard rental security deposit. However, in all cases, Customer remains responsible for: a) loss of items such as pallets, straps, ratchets, hoses, cords, wrenches, bits, cutting teeth, etcetera; b) damage due to Customer’s neglect or misuse (such as lack of lubrication, freezing, exposure to weather, fire, smoke, burns, etcetera); c) intentional damage or disassembly; d) loss due to mysterious disappearance, or theft. Customer agrees to furnish EZ Way Rental with a copy of the police report for any losses. PARTY GOODS REFUND SCHEDULE: We actively turn away others who request reserved inventory, as well as add to our inventory to prepare for your order. Please refer to our refund schedule below. We will do our best to work with you to accommodate changes and unforeseen circumstances. CLEANING CHARGE: If rental item(s) are not dry and clean, customer agrees to pay a restoration charge, not to exceed 20% of the order value. Dishware, glassware and utensils must be rinsed and returned to appropriate racks. PURCHASE ORDERS: Use of Customer’s PO number on this Contract is for Customer’s use and convenience only. This Contract constitutes the sole agreement between EZ Way Rental and Customer and supersedes any purchase order provisions whether sent to or received prior to or subsequent to this Contract. Absence of purchase order number shall not constitute grounds for nonpayment of rental charges. TIME OF PAYMENT AND COLLECTION COSTS: Rent and fees are due as specified, typically a minimum of 24 hours prior to delivery, and final charges are due and payable at the termination of the rental period and customer authorizes EZ Way Rental to collect charges via credit card on file should customer not make specific payment arrangement. Customer agrees to pay all reasonable collection, attorney’s and court fees and other expenses involved in collection of charges, repossession of equipment, or other enforcement of EZ Way Rental’s rights under this Contracts as well as defend EZ Way Rental against any claims or damages. DELIVERY SERVICES: Party deliveries are made by end of day on the specified delivery date. Should you require your party order before end of day on the delivery date, inquire about prior day delivery (at no additional cost). We strive to accommodate special requests, however, party item setup and delivery involves many variables and are extremely difficult to pinpoint specific delivery times. On request, and for an additional fee, scheduled delivery times may be available. Delivery rates are based on location and accessibility factors – contact us for a custom estimate. Delivery charge includes unloading, in bulk at a spot accessible by delivery vehicle. Additional fees may apply for delivery to non readily accessible delivery/pickup points, especially in unexpected situations that delay our other orders. Advise on any stairs, obstructions or other delivery considerations so that we may plan ahead. Should delivery or pickup require transportation of rental items more than 50 feet from delivery truck, Customer agrees to pay $75.00 per half hour for the time required to unload/load truck. Items are delivered in bulk and delivery charge does not include setup or take-down, although setup and take down services are available on request. For pickup, items such as chairs, tables, dish ware, glassware, etc should be wiped off, folded and stacked in the same manner in which they were received and on the day indicated on Rental Agreement. All equipment must be safeguarded from the elements and theft. Customer is in all circumstances responsible for safeguarding equipment between the time of drop off and pick up. RATES: Are subject to change and a contract deposit is required to lock in any quoted rate and secure a reservation. A quote is considered valid for a 15 days from the date quote was generated, however items within a quote may become unavailable at any time. LATE CHARGE: 1½% service charge. The service charge will appear on the itemized rental agreement at 30 days. Important: any discounts or special pricing reverts to list price at 45 days past due. Accounts at 46 days will automatically be converted to charge on delivery. For invoices reaching 45 days in age (from delivery date), customer authorizes EZ Way Rental to charge backup card provided. A $25 fee applies if card is declined. An additional 4% fee applies for 45 day past due credit card transactions. COMMERCIAL ACCOUNTS: All commercial accounts require a complete Commercial Account application and annual update. For customers with an open account in good standing, our terms are Net 30 from the date of delivery. Statements are available on request, and will be mailed periodically, showing recent rental charges, payments and outstanding invoices. Accounts over 30 days will be subject to a 1½% service charge (18% per annum). The service charge will appear on the itemized rental agreement at 30 days. Important: any discounts or special pricing may be cancelled and revert to list price for accounts that reach 45 days past due. Accounts at 46 days will automatically be converted to charge on delivery. For invoices reaching 45 days in age (from delivery date), customer authorizes EZ Way Rental to charge backup card provided. A $25 fee applies if card is declined. SUBSTITUTIONS: On very rare occasions we may be required to substitute like items for an item you selected. We will do our best to reach and discuss this unusual situation should it arise. SPECIAL RATES: Once a rental period commences, no refunds are available for rental items provided with a special rate or discount. Customer agrees to cancellation of any special rate or discount if payment not received by EZ Way Rental as agreed. NEW AND/OR USED PRODUCTS: Buyer acknowledges that the only warranties with this/these product(s) are those provided by the manufacturer and that the EZ Way Rental makes no warranty of merchantability or fitness for any particular purpose, either expressed or Implied. All sales made “as-is.” Special order items returned are assessed a 50% restocking fee. Any retail merchandise must be returned prior to the close of your rental contract, and merchandise must be in new, re-sellable condition. TAX EXEMPT STATUS: Tax exempt certificates must be provided prior upon reservation and will be held for 1 year. INDEMNIFICATION: Customer shall indemnify and defend EZ Way Rental against and hold EZ Way Rental harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney’s fees. It is the purpose of this clause to assign risk of all claims relating to the Contract property to the Customer during the entire term of this Contract. TITLE: Title to the equipment is and shall remain with the EZ Way Rental. If the equipment is levied upon for any reason whatsoever, EZ Way Rental may retake the equipment without notice or legal process, and may take all action reasonably necessary to do so. Current Vermont tax exempt certificates are required at time of reservation. ASSIGNMENT AND SUBLEASE: Customer shall not assign or subleased any interest in the rented or borrowed items. GOVERNING LAW: This Contract shall be governed by the laws of Vermont. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties. SEVERABILITY: If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. AMENDMENT: This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. WAIVER OF CONTRACTUAL RIGHTS: The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract. 2/05/20