TERMS AND CONDITIONS OF RENTAL AND/OR SALE
THIS IS A CONTRACT. Failure to return the rental property within 48 hours after notice to return or within 1 day after this agreement has expired, or the presentation of false; fictitious or misleading information may be considered as evidence of an intention to commit larceny.
RESPONSIBILITY FOR USE: Customer acknowledges the inherent risk in using rented equipment and agrees to assume all risks in the transport, operation and use 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 any hazardous conditions, have a plan in place, and take any steps needed to evacuate tents and canopies should the need arise. 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, 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 option: replace equipment which failed in normal use with similar equipment if available, make the item(s) operable within a reasonable time, or adjust 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. 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 termination of rental charges at the time of failure, provided the EZ Way Rental was promptly notified, within one hour, and equipment is returned to EZ Way Rental within 24 hours of the failure. See also “Malfunctioning Equipment.” TERMS OF RENTAL AND RETURN: The rental period and charges begin on the date and time specified on rental agreement, and terminate on the date and time specified in 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. Rental fees are calculated for the rental period indicated on the rental agreement and 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 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. 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 or trespass arising out of the retaking. Final inspection of equipment by EZ Way Rental 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, lost rental fees, to replace or repair the item(s). DAMAGE WAIVER: If available, EZ Way Rental 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 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 all losses to which this damage modification applies. PARTY GOODS CONTRACT DEPOSIT: A minimum 1/3 deposit of estimated total is required to secure a reservation and create a Contract. The remaining estimated balance is due on, or prior to, delivery. EZ Way Rental reserves the right to terminate any reservation or Contract should payment requirements not be met. GENERAL EQUIPMENT CONTRACT DEPOSIT: One period of 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 required. Party goods security deposit is a minimum of $500, and equipment rental is a minimum of $150. Upon return of rented items in good, clean, dry, and complete condition, security deposit will be refunded. PARTY GOODS REFUND SCHEDULE: When you create a reservation with us, we actively turn away others who request to reserve your inventory. Additional, we often add to our items to our inventory to prepare for your order. As a result, 50% of Contract deposit is refunded if written notice of cancellation is received 60+ days prior to reservation start date; no refund is available for cancellation 0-59 days before reservation date. We will do our best to accommodate and be as fair as possible with refunds. INSPECTION: Customer acknowledges that he/she has had an opportunity to inspect the equipment and finds it 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 use and immediately notify EZ Way Rental of any defects. CLEANING CHARGE: If the item(s) are not dry and clean upon return, customer agrees to pay a restoration charge of $75.00 per hour. Dish ware, glassware and utensils should be rinsed and returned in racks. PURCHASE ORDER: 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: Final 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 EZ Way Rental’s rights under this Contracts. DELIVERY: All party deliveries are made by 5:00 pm on the day of delivery. Should you require your order before 5:00 pm on the day of delivery, Contract inquire about prior day delivery (there is often no additional cost for this service). We strive to accommodate special requests, however, party item setup and delivery involves many variables and are extremely difficult to pinpoint specific delivery times. Delivery rates are based on location – 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. Contract advise on any stairs, obstructions or other delivery considerations so that we may plan ahead. EZ Way will deliver rented items to your door or within 50 feet from delivery truck access. Should delivery or pickup require transportation of rental items more than 50 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, although setup and take down services are available as an additional service. Pick up will take place at a mutual agreed upon date and time, and at a specific location. For pickup, items such as chairs, tables, dish ware, etc should be wiped off, folded and stacked in the same manner in which they were received. All equipment must 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. Contract 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. 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 30 days from the date quote was generated, however items on a quote may become unavailable at any time. CARE: 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. PRICING & DISCOUNTS: Once a rental period commences, no refunds are available for rental items provided with a special rate. For billing account customers, Customer agrees to relinquish any discount if payment not received from 15 days invoice date. 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 require a 50% restocking fee. RETURNS: 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: Tax exempt certificates must be provided prior to commencement of the rental 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. / /Updated 2 -19-2018