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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
Encore Party Rentals in the same condition, except for ordinary wear
and tear.
2. Use of Item(s)
You agree that you are satisfied with the instruction given by Encore
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 Encore harmless from, and hereby release Encore 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 Encore'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.
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 Encore of the facts. Encore 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, Encore 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 Encore's property and is rented to you subject
to this contract for rental charges and for the period of time noted
on the reverse. If you desire to extend the term of this rental beyond
the time and date specified on the reverse under “Due In”,
you must immediately notify Encore to receive our approval, the terms
for such extension, and a modification for this contract (see paragraph
9). If this agreement has not been extended and you fail to return
the item(s) when due; Encore, 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 Encore or its representatives
may enter your property and you hereby waive any right of action against
Encore 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. Encore, 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 reverse
until it is “Returned” and other charges hereunder. Return
the rented item(s) promptly, clean and in good condition.
You and your representative, agent or principal shall be responsible
for and shall pay Encore 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.
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 Encore at its
discretion may recalculate all charges on a daily rental basis. Renter agrees
that Encore 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.
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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
This paper represents our entire contract and there are no collateral,
oral or other agreements outstanding. None of Encore'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 Encore 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, Encore 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 Encore 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. Tenting
All tents and canopies has been treated for water repellency but cannot
be guaranteed to be absolutely waterproof. Renter shall provide an
unobstructed space for the placement, assembly, erection and disassembly
of rented item(s). Encore Party Rentals shall have the right to charge
a related reasonable sum, as determined by Encore, for undisclosed
subsurface condition. All necessary surface repairs shall be the responsibility
of the renter. Encore will not be responsible for damage to overhead
or underground wires, irrigation systems, septic tanks or systems,
or any other or any other underground or hidden obstruction. Renter
will hold harmless Encore any damage while at location. Renter grants
Encore the right and privilege to enter upon the premises designated
as the location for installation at least one week before the time
set for the use of the rented item(s), at all reasonable hours, for
the purpose of erecting and installing the item(s), at all reasonable
hours, for the purpose of erecting and installing the item(s) and further
grants to Encore the privilege for removing the item(s). Renter grants
Encore the privilege for removing the item(s). Renter grants Encore
the privilege of using any power lines at the installation location
for the purpose of installation, lighting and removal. Renter shall,
prior to installation, provide at Renters cost all necessary permits,
licenses and other consent.
15. Weather Conditions Encore is not required
to install or erect rented item(s) when, in the opinion of Encore,
weather conditions create an unreasonable risk of harm to Encore's
employees or property.
16. Delivery and pick-up
Delivery and Pick-up will be at Encore'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. |