Contract Terms

TERMS AND CONDITIONS OF RENTAL
PARTY GOODS DEPOSIT: 1/3 deposit of estimated total is required to secure your reservation. Until deposit is received no contract has been created. The remaining estimated balance is due on or prior to delivery. EZ Way Rental reserves the right to terminate any reservation should payment requirements not be met. EQUIPMENT DEPOSIT: One day rental fees are due to secure reservation. EZ Way Rental reserves the right to terminate any reservation should the payment schedule not be met. REFUND SCHEDULE: 100% of deposit will be refunded if written notice of cancellation is delivered 30 or more days prior to reservation; 75% refunded if written notice of cancellation is delivered 10-29 days prior to your reservation. No refund is available for cancellation 0-9 days before reservation. INSPECTION: Customer acknowledges that he/she has had an opportunity to personally inspect the equipment and finds it suitable for his/her needs and in good condition, and that he understands its proper use. Customer further acknowledges his duty to inspect the equipment prior to use and immediately notify dealer of any defects. RESPONSIBILITY FOR USE: Customer acknowledges the inherent risk in using rented equipment and agrees to assume all risks inherent in the operation and use of the items and to indemnify and reimburse dealer for all liabilities to Customer, his agents or third parties arising out of the use of the goods or a breach of this contract by Customer including those arising from dealer’s negligence. In the case of tents and canopies, Customer agrees to monitor any hazardous conditions and take any steps prudent to evacuate tents and canopies should the need arise. MALFUNCTIONING EQUIPMENT: Customer agrees to immediately discontinue use of equipment should it at any time become unsafe or in a state of disrepair. Customer will immediately, within one hour, notify dealer that the equipment is unsafe or in disrepair and until returned to dealer’s possession will take all necessary steps to prevent property damage and personal injury. Dealer will, at his option, replace equipment, which failed in normal use, with similar equipment if available, make the item(s) operable within a reasonable time, or adjust the rental charges. Dealer is not responsible for any incidental or consequential damages related to delays or other causes. 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. Customer’s sole remedy for unsuitable or unsatisfactory equipment shall be the termination of rental charges at the time of failure, provided the dealer was promptly notified (within one hour), and equipment is returned to dealer within 24 hours of the failure. TERMS OF RENTAL AND RETURN: The rental period begins on the date and time specified as “taken out”, and terminates on the date and time specified as “due in” unless amended in writing. Rental charges commence on delivery of the equipment to Customer and terminate upon the actual return of the item to the dealer’s premises, and the dealer acknowledges receipt on closing contract. Dealer may terminate rental at any time and take possession of the equipment. Customer grants permission for dealer to enter Customer’s premises to reclaim the equipment. Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the retaking. Customer agrees to pay, on return of equipment to dealer’s premises, all charges and costs for the use thereof. Customer’s right to use the equipment terminates on the expiration and due dates set forth above unless extended in writing by the dealer. Customer agrees to return equipment during regular store hours. In the event equipment is returned to dealer’s premises other than normal store hours, Customer is responsible for the security and condition of the item(s) until dealer physically takes the item under his control. Final inspection of equipment by Dealer will take place within 48 business hours of acknowledgement. RESPONSIBILITY FOR EQUIPMENT: Customer is responsible for the equipment from the time taken out until returned. If the equipment is lost, stolen, or damaged under any circumstances, regardless of fault, Customer is responsible for all charges, including labor cost, to replace or repair the item(s). CLEANING CHARGE: If the item(s) is/are not clean upon return, a cleaning charge of $70.00 per hour. Dish ware, glassware and utensils should be rinsed and returned in racks as provided. TITLE: Title to the equipment is and shall remain with the dealer. If the equipment is levied upon for any reason whatsoever, dealer may retake the equipment without notice or legal process, and may take all action reasonably necessary to do so. DAMAGE WAIVER: If available, and agrees, dealer agrees to relieve Customer of liability for accidental damage. However, in all cases, Customer remains responsible for: a) loss or damage to items such as hoses, cords, welding leads, 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; d) loss due to mysterious disappearance, or theft by persons entrusted with the equipment. Customer agrees to furnish dealer with a copy of the police report for all losses to which this damage modification applies. PURCHASE ORDER: The use of Customer’s purchase order number on this contract is for Customer’s use and convenience only. This contract constitutes the sole agreement between Dealer 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 when Customer has enjoyed or had the right to enjoy the use of the rented items. TIME OF PAYMENT AND COLLECTION COSTS: Charges are due and payable at the termination of the rental period. 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 dealer’s rights under this contracts. INDEMNIFICATION: Customer shall indemnify and defend dealer against and hold dealer 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 leased property to the Customer during the entire term of this lease. DELIVERY POLICY: At the designated time and date, EZ Way will deliver rented items to your door or closest point accessible by delivery truck. Should delivery or pickup require transportation of rental items more than 25 feet from delivery truck, Customer agrees to pay $75.00 per hour for the actual time required to unload/load truck. Items are delivered in bulk and delivery charge does not include setup or take-down. Pick up will take place at a mutual agreed upon date and time, and at a specific location. Items such as chairs and tables should be wiped off, folded and stacked in the same manner in which they were dropped off. All equipment should be safeguarded from the elements and theft. Items damaged or destroyed by the weather, stolen, vandalized or lost are not covered by the damage waiver. Please contact us if you have any questions or would like clarification. Unless otherwise specified, delivery and pick up by Customer constitutes drop off and pick up at Customer’s front door and Customer is responsible for safeguarding equipment between the time of drop off and pick up. RENTAL POLICY: All rental charges are for the time the equipment is out, whether or not it is used. Please make your selections carefully, as we cannot make exceptions to this rule. CARE: Please rinse food serving items before return. Linens should 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. DELIVERY: Rates based on location and may be higher than those rates quoted in this document. Contact us for a custom estimate. Delivery charge includes unloading at a spot that is reasonably accessible by delivery vehicle. Additional fees may apply for delivery to non readily accessible delivery/pickup points. RATES: Are subject to change and a deposit is required to create and secure a reservation. A quote is considered valid for 30-days from the date quote was generated, however items on a quote may become unavailable at any time. SALE NEW OR USED PRODUCTS: Buyer acknowledges that the only warranties with this/these product(s) are those provided by the manufacturer and that the dealer makes no warranty of merchantability or fitness for any particular purpose, either expressed or Implied. All sales are made “as-is.” TAX EXEMPT: Tax exempt certificates will be held for 1 year. Current Vermont tax exempt certificates are required at time of order to ensure tax will not be charged.