Terms and Conditions
Terms and Conditions
Dish & Décor Vintage Rental, Lessor, hereby agrees to lease to Lessee, the equipment described on the face of this agreement or in attached schedules in accordance with the following agreement:
1. TITLE AND OWNERSHIP. The leased equipment shall at all times be and remain the sole and exclusive property of Lessor. Lessee shall have only the rights to use the equipment in accordance with the terms of this agreement. Lessor shall have the right to display notice of its ownership of the equipment by display of an identifying stencil, plate or other marking and Lessee agrees that it will not remove or cover such markings without written permission of Lessor. The equipment shall not be removed from the place of delivery or installation without the expressed written permission of Lessor.
2. INSPECTION. Lessee acknowledges that he has had the opportunity to personally inspect the equipment and finds it suitable for his needs and in good condition. Lessee understands its proper use. Lessee further acknowledges Lessee responsibility to inspect the equipment prior to its use and to notify Lessor of any defects.
3. REPLACEMENT OF MALFUNCTIONING EQUIPMENT: If the equipment becomes unsafe or in disrepair for any reason. Lessee agrees to discontinue its use and to notify Lessor. Lessor will repair or replace the equipment with similar equipment in good working order if available and if the defect is from normal use. Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise, and Lessee hereby waves any right or entitlement thereto.
4. WARRANTIES: Lessor is not the manufacturer of the rented property nor the agent of the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given, and Lessee expressly waives all such warranties of fitness which may be accorded by law or otherwise. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suited for customers intended use, or that it is free from defects, and any and all such warranties of fitness or otherwise, are expressly and specifically waived by customer.
5. HOLD HARMLESS AGREEMENT Lessee shall not be liable to Lessee, Lessee’s family, guests, invitees, agents or employees for any claim damage or injury resulting from the use of the equipment. Lessee shall defend, indemnify and hold harmless Lessor its employee, agents and subsidiaries, from and against all claims, liabilities, losses, damages to property or otherwise, and expenses of every character whatsoever, resulting the use of the equipment and from the actions, negligent or otherwise, of Lessee, Lessee’s employees and agents of Lessee or Lessee subcontractors. These indemnities shall include reasonable attorney’s fees paid by Lessor in defending suit and actions involving liability covered by the indemnification provision in this paragraph.
6. TIME OF RETURN:
Lessee right of possession terminates on the expiration of the rental period and retention of possession after this time constitutes a material breach of Lessee’s obligations under the contract. Time is of the essence in this agreement. Any extension must, at Lessor’s election be mutually agreed upon in writing.
7. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT. The Lessor may assign its right under this contract without the Lessee’s consent, but will remain bound by all obligations herein. The Lessee may not sublease or loan the equipment without the Lessor’s written permission. Any purported assignment by the lessee is void.
8. RETURN OF EQUIPMENT. At the termination of this agreement, Lessee shall return all the equipment to Lessor at agreed upon pick up day and time as listed on the contract. Equipment should be in the
same condition as when delivered to Lessee, subject to only reasonable wear and tear. China plates, platters and tea cups are required to be scraped of food and rinsed then put back in the delivery crates. Do not put china in a dishwasher. Do not put china in the microwave. Lessee shall be liable for all damages to or loss of the equipment. Lessee shall be responsible for all losses or damage to the equipment from time of delivery to Lessee and until picked up by Lessor.
9. INSPECTION By LESSOR. Lessor shall at all times have the right to enter any premises where the equipment may be located for purposes of inspecting it, observing its use, or removing it from Lessee’s premises.
10. DELIVERY/ PICKUP. Delivery is made to the closest point Lessor’s vehicle can park. Our service does not include set up and knock down of items. All items are inspected and carefully packed for Lessee’s specific event in commercial crates to insure fragile items are delivered intact.
Put used china in the green wire dish racks after they are scraped and rinsed.
11. BROKEN, DAMAGED, LOST OR STOLEN EQUIPMENT. Lessee agrees to pay up to Five times the rental price on any Broken, damaged, lost or stolen equipment. A 12% Damage Waiver nonrefundable fee will be added to each order. Any damage to items not covered by the 12% fee will be charged to your credit card on file. We will notify you after the items are inspected and cleaned on any additional charges.
12. OTHER TERMS; Deposit of 50% of contract due at contract acceptance with the balance due 15 days before the event. The 12% damage fee (covers 5 time the rental price on lost, stolen or broken equipment).
There is a delivery fee of 30.00 plus 3.50 per mile unless noted on your contract. Delivery fee is subject to change based on size of order, distance and venue.
13) Payments are non-refundable. If order is cancelled, we will transfer any payments made to a gift Certificate. Good on any available inventory lasting for 18 months after cancellation. If postponed, we will transfer over to the new date.
I the undersigned Lessee; specifically acknowledge that I have received a copy of this agreement and understand the instructions regarding the safe use and operation of the rented equipment. Lessee further acknowledges that he/she has read and fully understands the within equipment lessee agreement and agrees to be bound by all terms, conditions and provisions hereof.
I agree to be personally liable for any violation of this agreement.
If paid by credit card, I agree to pay all amounts due under this agreement according to the card issuers agreement.
I understand and agree any unpaid balances can and will be charged to my credit card.
Terms and Conditions
Dish & Décor Vintage Rental, Lessor, hereby agrees to lease to Lessee, the equipment described on the face of this agreement or in attached schedules in accordance with the following agreement:
1. TITLE AND OWNERSHIP. The leased equipment shall at all times be and remain the sole and exclusive property of Lessor. Lessee shall have only the rights to use the equipment in accordance with the terms of this agreement. Lessor shall have the right to display notice of its ownership of the equipment by display of an identifying stencil, plate or other marking and Lessee agrees that it will not remove or cover such markings without written permission of Lessor. The equipment shall not be removed from the place of delivery or installation without the expressed written permission of Lessor.
2. INSPECTION. Lessee acknowledges that he has had the opportunity to personally inspect the equipment and finds it suitable for his needs and in good condition. Lessee understands its proper use. Lessee further acknowledges Lessee responsibility to inspect the equipment prior to its use and to notify Lessor of any defects.
3. REPLACEMENT OF MALFUNCTIONING EQUIPMENT: If the equipment becomes unsafe or in disrepair for any reason. Lessee agrees to discontinue its use and to notify Lessor. Lessor will repair or replace the equipment with similar equipment in good working order if available and if the defect is from normal use. Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise, and Lessee hereby waves any right or entitlement thereto.
4. WARRANTIES: Lessor is not the manufacturer of the rented property nor the agent of the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given, and Lessee expressly waives all such warranties of fitness which may be accorded by law or otherwise. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suited for customers intended use, or that it is free from defects, and any and all such warranties of fitness or otherwise, are expressly and specifically waived by customer.
5. HOLD HARMLESS AGREEMENT Lessee shall not be liable to Lessee, Lessee’s family, guests, invitees, agents or employees for any claim damage or injury resulting from the use of the equipment. Lessee shall defend, indemnify and hold harmless Lessor its employee, agents and subsidiaries, from and against all claims, liabilities, losses, damages to property or otherwise, and expenses of every character whatsoever, resulting the use of the equipment and from the actions, negligent or otherwise, of Lessee, Lessee’s employees and agents of Lessee or Lessee subcontractors. These indemnities shall include reasonable attorney’s fees paid by Lessor in defending suit and actions involving liability covered by the indemnification provision in this paragraph.
6. TIME OF RETURN:
Lessee right of possession terminates on the expiration of the rental period and retention of possession after this time constitutes a material breach of Lessee’s obligations under the contract. Time is of the essence in this agreement. Any extension must, at Lessor’s election be mutually agreed upon in writing.
7. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT. The Lessor may assign its right under this contract without the Lessee’s consent, but will remain bound by all obligations herein. The Lessee may not sublease or loan the equipment without the Lessor’s written permission. Any purported assignment by the lessee is void.
8. RETURN OF EQUIPMENT. At the termination of this agreement, Lessee shall return all the equipment to Lessor at agreed upon pick up day and time as listed on the contract. Equipment should be in the
same condition as when delivered to Lessee, subject to only reasonable wear and tear. China plates, platters and tea cups are required to be scraped of food and rinsed then put back in the delivery crates. Do not put china in a dishwasher. Do not put china in the microwave. Lessee shall be liable for all damages to or loss of the equipment. Lessee shall be responsible for all losses or damage to the equipment from time of delivery to Lessee and until picked up by Lessor.
9. INSPECTION By LESSOR. Lessor shall at all times have the right to enter any premises where the equipment may be located for purposes of inspecting it, observing its use, or removing it from Lessee’s premises.
10. DELIVERY/ PICKUP. Delivery is made to the closest point Lessor’s vehicle can park. Our service does not include set up and knock down of items. All items are inspected and carefully packed for Lessee’s specific event in commercial crates to insure fragile items are delivered intact.
Put used china in the green wire dish racks after they are scraped and rinsed.
11. BROKEN, DAMAGED, LOST OR STOLEN EQUIPMENT. Lessee agrees to pay up to Five times the rental price on any Broken, damaged, lost or stolen equipment. A 12% Damage Waiver nonrefundable fee will be added to each order. Any damage to items not covered by the 12% fee will be charged to your credit card on file. We will notify you after the items are inspected and cleaned on any additional charges.
12. OTHER TERMS; Deposit of 50% of contract due at contract acceptance with the balance due 15 days before the event. The 12% damage fee (covers 5 time the rental price on lost, stolen or broken equipment).
There is a delivery fee of 30.00 plus 3.50 per mile unless noted on your contract. Delivery fee is subject to change based on size of order, distance and venue.
13) Payments are non-refundable. If order is cancelled, we will transfer any payments made to a gift Certificate. Good on any available inventory lasting for 18 months after cancellation. If postponed, we will transfer over to the new date.
I the undersigned Lessee; specifically acknowledge that I have received a copy of this agreement and understand the instructions regarding the safe use and operation of the rented equipment. Lessee further acknowledges that he/she has read and fully understands the within equipment lessee agreement and agrees to be bound by all terms, conditions and provisions hereof.
I agree to be personally liable for any violation of this agreement.
If paid by credit card, I agree to pay all amounts due under this agreement according to the card issuers agreement.
I understand and agree any unpaid balances can and will be charged to my credit card.