TERMS AND CONDITIONS
For the purpose of this Rental Agreement, “Opus” shall mean Opus Event Rentals LLC, its owners, officers, directors, shareholders, and employees, and “Customer” shall mean the customer, its agents, family members and/or employees. In consideration of hiring of the rental items/equipment (herein “the rental item or items”) described on the front of this Rental Agreement it is agreed as follows:
1. INDEMNITY/HOLD HARMLESS.
Customer will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage. Customer agrees to indemnify, defend and hold harmless Opus from and against any and all liability, claims, judgments, attorney’s fees and costs, of every kind and nature, including, but not limited to, injuries or death to persons and damage to property, arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the items rented, however caused, except claims or litigation arising through the sole gross negligence or willful misconduct of Opus.
2. ASSUMPTION OF RISK/RELEASE-DISCHARGE OF LIABILITY.
Customer is fully aware and acknowledges there is risk of injury or damage arising out of the use or operation of the items rented hereunder and hereby elects to voluntarily enter into this Rental Agreement and assume all of the above risks of injury or damage. Customer agrees to release and discharge Opus from any and all responsibility or liability from such injury or damage against Opus which customer otherwise may be entitled to assert.
No operators are furnished, directly or indirectly with our rental items.
4. RECEIPT/INSPECTION OF RENTAL ITEMS.
Customer hires the rental items on an “as is” basis. Customer acknowledges that he has, or will, personally inspect the rental items prior to use and finds the items suitable for customer’s needs. Customer acknowledges receipt of all items listed in this Rental Agreement and that the rental items are in good working order and that Customer understands (without further instructions) the proper operation and use of items. Should Customer have any disputes or concerns with the quality or count of rental items, Customer shall notify Opus immediately.
Customer’s right to possession of the rental items begins upon the rental items leaving Opus and terminates on the Agreed Return Date indicated on the front of this Rental Agreement. Retention of possession after this date constitutes a material breach of this Rental Agreement. Any extension of this Rental Agreement must be agreed upon in writing. Title to the rental items is and shall remain with Opus. Customer hereby agrees to indemnify, defend and hold Opus harmless from any and all claims and costs arising from such retaking and/or levy. If rental items are levied upon, Customer shall notify Opus immediately.
6. RENTAL PERIOD/CANCELLATION POLICY.
Rental period is for a maximum of twenty-four (24) hours unless a longer term is specified in the Rental Agreement Agreed Return Date on the front of this Rental Agreement. If Customer makes greater use of the rental items, it is agreed that the additional usage will be charged. Rental charges begin immediately upon rental items leaving Opus. Rental charges end upon return of the rental items to Opus in an acceptable condition. If the rental items are returned prior to the end of the minimum rental period, the rental due shall be for the entire minimum rental period. Customer agrees not to use rental items in violation of environmental laws.
7. PROPER CARE.
Customer shall be responsible for all damages not caused from ordinary wear and tear. “Ordinary wear and tear” shall mean only the normal deterioration of the rental items caused by ordinary, reasonable and proper use of the rental items. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage due to overturning, overloading or exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; dirtying of rental items. A cleaning charge will be made on items returned unclean.
8. COMPLIANCE WITH LAW/USE RENTAL ITEMS.
Customer agrees not to use or allow anyone to use the rental items in any illegal manner or in an unsafe manner. Customer agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the rental items during the rental period. Customer further agrees to pay all licenses, fines, fees, permits or taxes arising from his use of the rental items, including any subsequently determined to be due. Customer is responsible for obtaining all permits and/or licenses from the appropriate government agencies. If permits or licenses are denied for any reason, Customer is still responsible for all financial and other obligations pursuant to this Agreement to Opus or its subcontractors. Customer shall not allow any person who is not qualified or who has not received and understands the safety and operating instructions or who does not utilize all safety equipment required to operate the rental items to use the rental items. Customer acknowledges that Opus has no responsibility to inspect the rental items while they are in the Customer’s possession.
9. RETURN OF RENTAL ITEMS.
Customer agrees to return to Opus the rental items in good condition as when received by agreed Return Date. Customer shall be responsible for all costs incurred by Opus recovering and returning damaged rental items to Opus’s premises. If the rental items are to be “picked up” by Opus, Customer agrees to provide a secure storage location and Customer accepts all risk including damage to and liability relative to rental items for a reasonable period of time until the rental items are picked up by Opus. If additional pick up’s are needed, a delivery surcharge may be assessed.
10. DISCLAIMER OF WARRANTIES.
Opus makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied. There is no warranty or representation that the rental items are fit for customer’s particular intended use or that is free of latent defects. Opus shall not be responsible to customers or any third party for any loss, damage or injury resulting from, or in any way attributable to the operation of, use of or any failure of the rental items. Opus shall not be responsible for any defect or failure unknown to Opus. The customer’s remedy for any failure of or defect in the rental items shall be termination of the rental charges at the time of failure, provided that the customer notifies Opus immediately of such failure and returns the rental items to Opus within twenty-four (24) hours of such failure.
11. SUBRENTAL/LOCATION OF RENTAL ITEMS.
Customer agrees not to sublet, loan or assign the rental items from the address at which Customer represented they were used.
Should Customer in any way fail to observe or comply with any provision of this Rental Agreement, Opus may, at its sole discretion, terminate this Rental Agreement, retake the rental items, declare any charges due and payable and initiate legal process to recover monies owed.
13. COLLECTION OF RENTAL ITEMS.
If for any reason it becomes necessary for Opus to collect rental items outside of normal pick up and delivery protocol, Customer authorizes Opus to collect the rental items without notice or further legal process and agrees that Opus shall not be liable for any claims for damage or trespass arising out of the removal of the rental items.
14. LEGAL FEES.
In the event an attorney is retained to enforce a provision of this Rental Agreement, the prevailing party in the dispute shall be entitled to recover reasonable attorney’s fees and court costs in such action or proceeding in an amount to be determined by the court.
16. NOTICE OF NON-WAIVER/SEVERABILITY.
Any failure of Opus to insist upon strict performance by Customer in regard to any provision of this Rental Agreement shall not be interpreted as a waiver of Opus’s right to demand strict compliance with all other provisions of this Rental Agreement or shall be severable so that the enforceability, invalidity or waiver of any provision shall not affect any other provisions.
17. MOVING OF NON-RENTAL ITEMS.
Opus is not liable for any damage arising from customer-requested moving of non-rental items, including, but not limited to, furniture, vehicles, plants, lights, etc.
China, Glassware, and Flatware must be returned rinsed and repacked properly in boxes provided or additional charges will be assessed. Special cleaning deposits will be charged on BBQ Grills and Cooking Equipment. Table linens are inspected prior to pick up and upon return. Do NOT roll up or place wet linens in any bag as mildew may result. If there is obvious damage such as mildew, excessive stains, burns or tears, Customer will be charged the cost of the linen and keep same as though it were a sale. Return all linens dry and free of waste.
19. WEATHER RELATED RISKS.
Customer assumes all weather related risks involved in holding an outdoor event. Opus will endeavor to minimize said risk, however, should the equipment/tenting become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Opus’s control, Customer shall still be liable for payment in full of all charges.
A. This Rental Agreement may be executed or delivered by facsimile or email. If this Rental Agreement is executed or delivered by facsimile or e-mail, Customer acknowledges receipt of a completed Rental Agreement.
B. Customer authorizes and instructs Opus to complete Customer’s “blank/open check” and to “fill-in” the amount of charges.
C. Customer authorizes Opus to submit all Customer charges to Customer’s credit card account.
D. Customer is responsible for any damages due to digging, disturbing soil or earth, staking, post hole digging, auguring, etc. Customer is responsible for identifying and disclosing to Opus all underground obstacles. Opus is not responsible for damage to above or below ground obstacles.
E. Customer is fully aware and acknowledges that the terms and conditions of this Rental Agreement shall apply to all subsequent rentals by Customer. Customer further agrees that the Terms and Conditions of this Agreement shall govern all future deliveries should Customer fail or be unable to sign the Rental Agreement at time of delivery.