1. Physical criteria of the rental item(s)
You acknowledge that prior (?) the rental item(s) you examined it, saw it in operation (if appropriate) and are aware of its condition and that it is in good condition except for any defect noted on this contract. It is your responsibility to return the rented item(s) to A&G Event Services (hereupon referred to as A&G or A&G Event Services) in the same condition, except for ordinary use signs, which can be reversed using normal industry standard procedures.
2. Use of Item(s)
You agree that you are satisfied with the instruction given by A&G in the proper and safe manner of using the item(s) and agree that the item(s) will be used only at the address designated and only for the purpose for which the item(s) was manufactured and intended. Subleasing or improper use is prohibited.
3. Responsibility for use
You are responsible for the use of the rented item(s). You assume all risks inherent in the operation and use of the
item(s) and agree to assume the entire responsibility for the defense of and to pay, indemnify and hold A&G harmless from, and hereby release A&G from any and all claims for the use, operation or possession of the item(s), whether or not it be claimed or found that such damage or injury resulted in Whole or part from A&G's negligence, from the defective condition of the item(s) rented or from any cause. You agree no warranties, expressed or implied, have been made in connection with this rental.
4. Responsibility for the equipment
From the time the item(s) is rented until it is returned, you are responsible for it. If the item(s) is lost, stolen or damaged under any circumstances while rented, regardless of fault, you shall be responsible for all charges, including labor costs, to repair or replace the item(s). If the item(s) is returned not clean, a cleaning charge will be imposed. *Chair covers, Napkins, Tablecloths will be accepted with ordinary use signs, which can be reversed using normal industry standard procedures.
5. Item(s) failure
You agree to discontinue the attempt to use the rented item(s) should at anytime it become unsafe or in a state of disrepair, and will immediately (one hour or less) notify A&G of the facts. A&G agrees to make the item(s) operable within a reasonable amount of time, or to provide you with a like item(s). If available, or to make a like item available at another time, or to adjust the rental charges. This paragraph does not relieve you from the obligations imposed by other paragraphs, including 4 and 6. In all events, A&G shall not be responsible for any injury or damage, including consequential damage, resulting from the failure of defect of a rented item(s).
6. Return of Items
The rented item(s) is A&G's property and is rented to you subject to this contract for rental charges and for the period of time noted on the contract. If you desire to extend the term of this rental beyond the time and date specified on the contract under “Due In”, you must immediately notify A&G to receive our approval, the terms for such extension, and a modification for this contract (see paragraph 8). If this agreement has not been extended and you fail to return the item(s) when due; A&G, to enforce its property ownership of the item(s) and to protect its interest under this contract, may retake the item(s) at any time and to do so A&G or its representatives may enter your property and you hereby waive any right of action against A&G for such entry and retaking. In addition, you acknowledge that the failure to return rented item(s) within the contracted time and the sale or concealment of the rented item(s) is prohibited, and that such action may constitute a crime. A&G, in addition to any other action we may take, may notify the authorities and take other action, including filing criminal complaints, subjecting you to criminal prosecution.
7. Charges and Payments
Time is money. You are responsible for the rental charges from the time the item(s) is “Rented Out” as specified on the invoice until it is “Returned” and other charges hereunder. Return the rented item(s) promptly, clean and in good condition.*Chair covers, Napkins, Tablecloths will be accepted with ordinary use signs, which can be reversed using normal industry standard procedures.
You and your representative, agent or principal shall be responsible for and shall pay A&G all charges hereunder. All
charges are due upon return of the rented item(s) and upon demand. If the rental charges are charged to someone other than the Renter, the Renter represents he's the agent of such party and has the right to charge this.
The renter further acknowledges that if a rented item is “lost” or “damaged” they are responsible for covering the cost of the item. “Damaged” is defined as having changed to such an extent that the changes cannot be reversed using industry standard procedures. “Lost” is defined as not returned. Rental items returned damaged as well as non-returned items will be charged to the renter according to “A&G damaged or lost items price list.” A&G damaged or lost items price list is available upon request. All transactions which must be conducted by credit card for the purpose of monetary recovery for missing or damaged items are subject to a transaction fee which is 3% of the total cost of the damaged or missing goods, this fee is seperate from the total cost of the damaged or missing goods.
8. Continued rental basis.
The Renter shall remain liable for the charges and for other obligations and responsibilities of the Renter hereunder.
If rental charges are not paid within 10 days of their due date A&G at its discretion may recalculate all charges on a daily rental basis. Renter agrees that A&G may apply to renters Master Card, Visa or American Express for late, lost or damaged item(s) as well as cleaning charges, additional delivery or labor charges or any other reasonable expense.
9. Collection Costs
You agree to pay attorney fees, collection fees,? and any other expenses incurred in collecting any charges under this contract, in retaking the rented item(s) or other ? the terms of this contract. Additionally, renter agrees any unpaid balances are subject to a 1.5% monthly service charge.
10. Modification of contract
Your invoice and this policy represent our entire contract and there are no collateral, oral or other agreements outstanding. None of A&G's rights may be changed and no extension of the term of this contract may be made except in writing signed by a manager or officer of A&G and made a part of this contract.
11. Damage Waiver
If you pay the optional Damage Waiver Charge (DWC) as specified, subject to the limitations and exclusions below, A&G agrees to modify the terms of this contract and relieve you of liability for accidental damage to the rented item(s) on this contract, and for loss due to fire, collision, windstorm, upset and riot. We exclude from this waiver, however any loss or damage due to theft, burglary, misuse or abuse; theft by conversion, intentional damage, mysterious disappearance or any loss due to your failure to care for the rented item(s) as a prudent man would his own property. If such loss tends to indicate a crime may have been committed, a further condition of this waiver is that you must file a report with the proper law enforcement authorities and furnish us a copy. In addition, if you have insurance for the loss or damage, you shall exercise, and shall empower us to exercise, all of your rights to obtain recovery under insurance, shall cooperate with A&G to obtain recovery and all insurance proceeds shall be given or assigned to dealer.
12. Reservation Fees
Reservation fees, consulting charges, deposits and rental charges paid in advance for the purposes of reservations are non-refundable.
13. Fax copy valid as original
A fax copy of this agreement and any faxed signatures shall be valid as an original.
14. Weather Conditions
A&G is not required to install or erect rented item(s) when, in the opinion of A&G, weather conditions create an unreasonable risk of harm to A&G's employees or property.
15. Delivery and pick-up
Delivery and Pick-up will be at A&G's convenience. There will be additional fees if delivery and/or pick-up are to any area other than ground or loading dock level. Additional charges will apply for waiting time beyond the first 5 minutes. There is an additional charge for set up and knock down of equipment, unless specified otherwise on the invoice. Further, the renter acknowledges that A&G will require 2 hours per every 100 chair covers in order to set up the chair covers. The renter/customer also acknowledges that A&G will require 1 hour per 200 chair covers for take down. The renter/customer will specify the times at which both set up and take down will commence. It is the renter/customer’s responsibility to make accommodations with the facility specified as the delivery address on Invoice in order to secure enough time for the complete set up and take down of the rented equipment . No delivery will be made unless a credit card use agreement has been placed on file with A&G Event Services by the customer/renter refusal to comply with this stipulation constitutes breach of our aggrement and will result in a fofiture of "Reservation fees, consulting charges, deposits and rental charges paid in advance."
16. Fuel Surcharge
A fuel surcharge will apply to all deliveries & services provided north of Milpitas, Sunnyvale and south of Morgan Hill. This clause is subject to change, actual price may be dictated by total cost of the order placed.
17. Staff Hold Harmless Agreement
A&G will not be held responsible for any losses or damages incurred as a result of the hiring of A&G staff/DJ Entertainment services.