TERMS AND CONDITIONS OF RENTAL CONTRACT
For good and valuable consideration, you and B&B Furniture LLC., a New York corporation, d/b/a
“B&B Party Rentals” (hereinafter, “B&B”) agree as follows:
Defined Terms: As used herein, “P.1” refers to the first page or “face” of this Contract; “Rented Item(s)” or “Items” means the items rented to you, as identified on P.1 (including any “Instructions” referenced in Section [or “§”] 4 below); “Customer,” “Lessee,” “you” and “your” mean the customer or lessee identified on P.1; and “Lessor,” “we,” “us” and “our” mean B&B.
Rental: You agree to rent the Rented Item(s) from us for the period(s) specified on P.1 (the “Term”), and to pay our stated rental rate(s) (the “Rent”), together with all other charges accruing hereunder, without proration, reduction or setoff for the entire Term, and remain liable for all loss(es) of and damage(s) to the Rented Item(s), until all Rented Item(s) is/are returned to and accepted by B&B in the return condition required under § 11. Unless otherwise specifically agreed by B&B, all rental rates are for normal use of the Rented Item(s) on a single-event basis during the Term. Additional amounts will be due for late returns and misuse. The Rent will not be reduced for weather events, time in transit or any other period(s) of nonuse. We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). You agree: (a) to pay B&B: (i) a deposit equal to 50% of the Estimated Rent upon placement of your order (the “Deposit”) and the remainder of the Estimated Rent prior to the originally scheduled delivery date (the “Prepayment”); and (ii) all additional amounts coming due hereunder upon demand; and (b) that: (i) we may deduct any amount you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability hereunder; and (iv) all Prepayments are NON-REFUNDABLE unless otherwise agreed by B&B. The Rented Item(s) will be reserved, and delivery scheduled, only upon our receipt of the Deposit. Your reservation cannot be cancelled less than 7 days prior to the originally scheduled delivery date.
Site: You agree to: (a) ensure the Site is reasonably clean, safe, secure and otherwise fit for delivery and use of the Rented Item(s); (b) ensure that proper and adequate power is provided for installation and operation of such Item(s) at all times; and (c) refrain from serving alcoholic beverages to any intoxicated person(s). If we agree to provide any services (including delivery, installation and/or retrieval), you will: (i) pay our stated charge(s) for the same; (ii) be present (or ensure your representative is present) at the Site at the agreed time(s); and (iii) ensure our representatives have full access to the Site at all times. B&B will not be responsible for any delay(s) caused by other parties, including any providers of other goods or services (“Other Providers”) for which you agree to indemnify, defend and hold harmless B&B. If you are not present upon delivery or retrieval of the Rented Item(s), you agree to accept the statements of B&B’s representatives regarding the same (including the status, location(s), condition, quality and quantities of the Item(s) and the Site).
Instructions: Upon the earlier of your receipt, or our delivery to the Site, of the Item(s), unless you immediately reject it/them, you represent, warrant, acknowledge and agree that: (a) each Item; (i) is complete, in good repair and operating condition, free of defects, and is in all ways acceptable to you; (ii) is appropriate for your purposes; and (iii) was selected (not based on any recommendation by us), examined and tested by you or your agent(s); and (b) you; (i) have received, read and understand all laws, rules, training, instructions, user manuals, maintenance requirements, and other information (including all applicable EPA, OSHA, NFPA, IFC, IBC, ASSE, ASME, IEEE and ANSI Standards) pertaining to such Item(s) (“Instructions”); (ii) will fully comply therewith; (iii) will use each Item only for its intended purpose, in a reasonable and safe manner; (iv) will timely give all required notice(s), and obtain all applicable licenses, permits, authorizations and approvals (including without limitation, the approval(s) of all governmental authorities as well as the owner(s) of the Site); (v) will ensure all underground utilities and sprinklers are clearly and properly marked before driving or relocating any stake(s) (CALL 811 and go to www.udigny.org at least 3 but not more than 10 business days in advance, and see our “Temporary Structures Addendum”); (vi) will immediately cease using and evacuate any Item that malfunctions or proves defective (a “Malfunction”); (vii) will create and post in a conspicuous place an OSHA-COMPLIANT EVACUATION PLAN for all tents included in the Rented Item(s) (“Tents”); and (viii) will ensure all users of the Item(s) comply herewith at all times.
USE: AT ALL TIMES DURING THE TERM, YOU WILL ENSURE THAT: (a) each Rented Item is used safely and only at the Site and in full compliance with this Contract (including the “Instructions” identified in § 4) as well as all applicable laws, rules, regulations and ordinances; and (b) ALL CHILDREN USING OR OCCUPYING ANY RENTED ITEM(S) ARE SUPERVISED BY A COMPETENT ADULT AT ALL TIMES. You will not, nor will you permit anyone else to: (A) use open flames in, under or near any Tent(s); (B) misuse, remove from the Site, reposition, conceal, modify or damage any Rented Item; or (C) take possession of or exercise control over any Rented Item without our prior written consent (granted, conditioned or withheld in our sole discretion).
Malfunctions: In the event of a Malfunction (as defined in § 4), you will immediately cease using and evacuate the Malfunctioning Item and notify us. Provided the Malfunction did not result from the wrongful or negligent act or omission, or any breach of this Contract, by you or any person(s) you permit to use, occupy or otherwise deal with any one or more of the Rented Item(s), we will, at our option: (a) repair the Malfunctioning Item; (b) provide you with a comparable replacement; or (c) return the unused portion of the Rent and cancel this Contract. The foregoing remedy is EXCLUSIVE. We will have no other obligations regarding Malfunctions, all of which you waive, together with all associated incidental, consequential, special, exemplary and punitive damages.
WARNING: TENTS AND ITEMS USED FOR COOKING AND/OR HEATING CAN BE DANGEROUS AND MAY MOVE, SHIFT, TIP, COLLAPSE, LEAK, OVERTURN OR CATCH FIRE, PARTICULARLY DURING HAZARDOUS WEATHER (e.g., heavy rain, snow, sleet, hail and winds over 25 mph). If hazardous weather occurs or threatens you agree to immediately: (a) DISCONTINUE USING AND EVACUATE such Item(s); (b) notify B&B of the same as soon as possible; (c) take all necessary steps to: (i) ensure the safety of all occupants; and (ii) protect all Rented Items and their contents; and (d) PERMIT B&B, IN ITS SOLE DISCRETION, TO POSTPONE DELIVERY AND/OR INSTALLATION OF, AND/OR DISMANTLE, STORE AND/OR RETRIEVE ANY OR ALL OF SUCH ITEM(S) (without obligating B&B to do so).
Insurance: You agree to maintain all INSURANCE we may require during the Term, including liability insurance with minimum limits of $1,000,000 per occurrence, and property damage/inland marine insurance covering all Rented Items for the full (new) replacement cost thereof: (a) naming B&B as an additional insured and loss payee; (b) waiving subrogation against us; (c) being primary and non-contributory; and (d) including such other provisions as we may require. You irrevocably appoint B&B as your agent and attorney-in-fact for purposes of submitting and negotiating claims on all such policies.
NO WARRANTIES: B&B IS NOT THE MANUFACTURER OR DESIGNER OF ANY OF THE RENTED ITEM(S), ALL OF WHICH ARE PROVIDED “AS-IS”. NEITHER B&B NOR ANY TPO, MAKES ANY WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND/OR GOOD AND WORKMANLIKE PERFORMANCE, AS WELL AS ANY WARRANTY ARISING FROM OR IN CONNECTION WITH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) REGARDING ANY ITEM(S) OR SERVICE(S) PROVIDED BY B&B OR ANY TPO, NOR DOES B&B OR ANY TPO MAKE ANY WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT, ALL OF WHICH YOU WAIVE. NO DESCRIPTIONS, SPECIFICATIONS, OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY B&B.
INDEMNITY: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: (A) ASSUME ALL RISKS, INCLUDING WITHOUT LIMITATION, RISK(S) OF PERSONAL AND BODILY INJURY, LOSS, PROPERTY DAMAGE, DESTRUCTION AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE ITEM(S) AND SERVICE(S) REFERENCED IN THIS CONTRACT, AS WELL AS ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM AND/OR IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, FUELING, TRANSPORTATION, DEMONSTRATION, STORAGE, SERVICING, MAINTENANCE, REPAIR, DELIVERY, INSTALLATION AND/OR RETRIEVAL THEREOF, WHETHER OR NOT YOUR FAULT (COLLECTIVELY, “RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, B&B and its owners, shareholders, members, managers, officers, directors, partners, agents, affiliates, employees, insurers, subrogees, representatives, successors and assigns (each, an “Indemnitee” and collectively, the “Indemnitees”), for, from and against all such RISKS, as well as all other liabilities, claims, damages, losses, costs and expenses (including without limitation, attorneys’ fees) arising from and/or in connection with the Rented Item(s), this Contract and/or any breach hereof by you, your agents, employees, sublessees, successors and/or assigns; and except only as provided in § 6, (C) WAIVE all rights and remedies available under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against B&B and each and every other Indemnitee.
Return Condition: You agree to: (a) protect all Rented Item(s) at all times; (b) keep them safely and securely stored and locked when not in use; and (c) return them to B&B on time at the end of the Term, clean and in good order, condition and repair. If you fail to comply with this § 11, then in addition to your other obligations arising under this Contract, you agree to pay us: (i) Rent for each succeeding full rental period until all Rented Item(s) are returned or replaced as required; and (ii) all costs and expenses we incur in connection with such failure, including cleaning, servicing, repairing and/or replacing the subject Rented Item(s). Certain Rented Item(s) may be delivered on pallets, or in crates, cartons or boxes, and may be stacked, bagged, racked, folded, rolled and/or strapped (“Packed”). Upon return to B&B, you will ensure that all Rented Items are properly Packed, using the same packing materials, and free of burns, stains, mold, mildew and discoloration. YOU AGREE NOT TO PACK ANY RENTED ITEM UNLESS IT IS COMPLETELY DRY. PACKING WET OR DAMP RENTED ITEMS MAY RESULT IN MOLD, MILDEW AND/OR OTHER DAMAGE, FOR WHICH YOU WILL BE LIABLE.
Limited Damage Waiver. If and only if, we have offered, and you have elected to purchase the OPTIONAL LIMITED DAMAGE WAIVER (“LDW”) and paid the non-refundable LDW fee set forth on P.1 in advance of the Term, then with respect solely to the Item(s) covered by LDW (“Covered Items”), you will have no liability to us for 80% of the first $2,500 of the cost to repair or replace such Covered Items that suffer physical damage during the Term; provided however, that you will remain fully liable for: (a) all Item(s) not covered by LDW; (b) a deductible equal to 20% of the first $2,500 of repair/replacement costs for Covered Items; (c) all damage to and/or loss of Covered Item(s) caused in whole or in part by: (i) your breach of this Contract; (ii) theft or other failure to return Covered Item(s); (iii) negligence, misuse and/or abuse of Rented Item(s); (iv) use of alcohol or drugs; (d) all cleaning costs; and (e) all repair/replacement costs exceeding $2,500 in the aggregate across all Covered Item(s). You may decline LDW if you provide the physical damage/inland marine insurance referenced in § 8. LDW IS NOT INSURANCE, NOR IS IT A WARRANTY.
Defaults: Your duties hereunder are unconditional. If you: (a) fail to fully and timely honor, pay, perform and/or comply with, this Contract and/or any of your obligations arising hereunder; (b) provide any incorrect or misleading information to B&B; (c) become insolvent; or (d) die or cease conducting business, or if any Rented Item(s) shall be lost, or unless covered by LDW per § 12, damaged, you will be in default under this Contract, whereupon, we may, with or without legal process or notice (and without liability to you), to the maximum extent permitted under applicable law: (i) terminate your rental(s); (ii) seek relief from stay; (iii) recover, empty, lock, dismantle and/or disable any Rented Item(s) without being guilty of breach, trespass or wrongful interference, or liable for any injuries or property damage (for which you will indemnify, defend and hold harmless the Indemnitees); (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s); (vi) recover from you our associated damages, losses, costs and expenses (including Rent for the balance of the scheduled Term, loss of use, interest, attorneys’ fees, court costs, and costs of collection); and/or (vii) pursue any other rights and/or remedies available in connection therewith, all of which shall be cumulative.
Title: Except with respect to Items we rent from third parties (each, a “TPO”) and then re-rent to you (“Re Rented Items”), B&B alone owns and will retain title to all Rented Items. Your only right with respect to the Rented Item(s) (including Re-Rented Items) is to use it/them in full compliance with this Contract during the Term. You SHALL NOT: (a) permit the taking or existence of any lien, claim, security interest or encumbrance on any Rented Item; or (b) loan, transfer, sublet or assign any Item(s) or this Contract without B&B’s prior written consent (in our sole discretion). B&B may: (i) substitute and/or (ii) transfer, sell and/or assign all or any part of its interests in the Item(s) and/or this Contract, in which event, you will attorn to the recipient, who will not be responsible for any liabilities or obligations of B&B.
Interpretation: This Contract, together with any addenda we provide (including our Temporary Structures Addendum), each of which is incorporated herein, represent(s) the entire agreement between you and B&B, superseding all other agreements and representations, including without limitation, our website and advertising. The terms of this Contract are severable. If any of the term(s) hereof shall be deemed invalid or unenforceable by any court of competent jurisdiction, such term(s) will be deleted, and the remainder of this Contract will remain valid and in full force and effect. This Contract cannot be further amended or extended except in a writing signed by B&B. You acknowledge that: (a) this Contract: (i) is fair and reasonable; and (ii) shall be interpreted under the laws of the State of New York; and (b) proper venue for all associated civil legal proceedings shall lie solely in the federal, state and local courts located in or nearest to Brooklyn, NY (unless waived by B&B). You consent thereto, and waive all claims that such venue lies in an inconvenient forum. Digital, electronic, photocopied and facsimiled signatures and initials appearing on this Contract and/or any addenda will be deemed originals.
Miscellaneous: You grant to B&B and each TPO a perpetual, paid-up, royalty-free license to create, edit, distribute, display and copy audio and visual representations which include any of the Item(s). You authorize B&B to submit all amounts coming due under this Contract to any debit or credit card(s) you provide. If any legal action is commenced in connection with this Contract, B&B will be entitled to recover its costs and expenses associated therewith (including its attorneys’ fees and expenses) from you if B&B prevails. Time is of the essence. B&B may, without notice or liability to you, monitor and/or inspect any Rented Item(s) at any time. If any performance required of us is rendered impractical as a result of any act or omission of any Other Provide (s) or any “Act of God” (e.g., any event, fact or circumstance beyond our reasonable control), we will be excused from such performance. You waive the benefits of all statutes of limitations regarding B&B’s rights and remedies. All amounts due from you hereunder but not timely paid will bear interest at the highest rate permitted under applicable law until paid. You agree to pay B&B the maximum lawful charge for any check you write which is returned unpaid. Our maximum liability to you in connection with this Contract is limited to the amount(s) actually paid by you to us hereunder. This Contract allocates to you the risk of injury, loss of and/or damage to, persons or property arising in connection with the Item(s), and that allocation is reflected in a reduced Rent. These Terms and Conditions apply to all Rented Item(s) and to all other Items you obtain from B&B at any time (except only as we otherwise agree). You agree to pay all sales and use taxes, as well as all fines, fees, tolls, duties, assessments and other charges related to each Item. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies will constitute an election of remedies or a waiver of any right or remedy we may have.
WARNING: A person commits THEFT which may result in CRIMINAL PROSECUTION if he purposely obtains services (including the use of movable property), which he knows are available only for compensation, by deception, threat, force or any other means designed to avoid the due payment therefor. See N.Y. Stat. Ann., § 2C:20-8, et seq. and its/their successor provision(s) for details
LESSEE ACKNOWLEDGES THAT A LARGE-PRINT VERSION OF THESE TERMS AND CONDITIONS HAS BEEN MADE AVAILABLE TO LESSEE
Copyright © EquipmentRentalContracts.com, LLC. (866) 582-2586. All Rights Reserved. Unauthorized copying and redistribution of this form are strictly prohibited.