Rental Agreement

RENTAL AGREEMENT

For the purpose of this Rental Agreement:

  • Arbors, Bars and More (ABM) shall mean the Rental Company, its owners, officers, directors, and employees.
  • Customer(s) shall mean Customers, guests/visitors of customer, and their agents, contractors and/or employees.
  • Rental Agreement shall mean the itemized list of items contained in the electronic estimate or invoice emailed or faxed to the Customer, who by virtue of having signed the estimate or invoice, and/or paid an advance deposit or in full, expresses his or her agreement with the contents of the Estimate or Invoice.

In reference to leasing the rental item(s) / equipment described on the 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 hold Arbors Bars and More harmless from and against any and all liability, claims, judgments, attorneys’ fees and costs of every kind and nature, including, but not limited to, injuries or death to persons and damage of property, arising out of the use, maintenance– installation, operation, possession, ownership, or rental of the items rented, despite cause.

  1. ASSUMPTION OF RISK/RELEASE DISCHARGE OF LIABILITY.

Customer is fully aware of and acknowledges that there is a risk of injury, death, or damage arising out of the use or operation of the items contained in the Rental Agreement and hereby elects to voluntarily enter into this Agreement and assume all of the aforementioned risks.

Customer agrees to release and discharge Arbors Bars and More from any and all responsibility or liability from such injury, death, or damage arising out of the use or operation of the rental items. Customer further agrees to waive, release and discharge any and all claims for injury, death, or damage against Arbors Bars and More, which customer otherwise may be entitled to assert.

  1. POSSESSION/ TITLE.

Arbors Bars and More agrees to reserve all items listed in the Rental Agreement on behalf of the Customer only after the following have been received from the customer.

  • A non-refundable deposit equal to 50% of the total cost specified in the Rental Agreement (or a lesser amount determined at the sole discretion of ABM)
  • A signed & dated copy of these Terms and Conditions; and
  • A signed & dated rental agreement.

The remaining balance of the rental agreement must be paid 31 days prior to delivery, unless otherwise specified by ABM. If this obligation is not met, ABM reserves the right to either cancel the order without refunding the initial 50% deposit or apply late payment charges equal to the highest APR allowed by New Jersey law.

Customer’s right to possession of the rental items:

  • Is for a 1-day period. Equipment will be picked up on same day as installed.
  • In the absence of the renter, the equipment may be signed for by an individual designated by the renter. This individual is automatically given the legal right by the renter to accept liability for the equipment on the renter’s behalf.
  • The rental agreement terminates once Arbors Bars and More has regained possession of the rental equipment.
  • Any extension of the agreement must be agreed upon by ABM in writing.
  • Title of the rental items shall, at all times, remain with ABM.
  • Customer authorizes ABM to retake possession of the rental items without notice or legal process at any time, despite whether the equipment is on private property.
  1. LEGAL FEES.

Customer will pay all collection fees, attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract. Any lawsuits that may occur between ABM and their customers must be filed in Hunterdon County, and any litigation will be held in a Hunterdon County Court.

  1. MISCELLANEOUS.

The Rental Agreement may be executed or delivered by fax, or other electronic means such as email. The Rental Agreement is valid whether properly signed by the Customer or not, so long as the Customer takes possession of the rental items. It is also valid if signed by another party signing on behalf of the Customer, in which case the signing party will sign their own name, and then print C/O (Care Of) “Ordering Party.”

  1. UNSAFE CONDITIONS.

Arbors Bars and More reserves the right to refuse to install or deliver rental equipment due to unsafe conditions or weather. If this occurs, Customer will be liable for a minimum of 50% of the total cost specified in the Rental Agreement. In the absence of unsafe weather or other conditions, Arbors Bars and More will use all aABMopriate means and methods to secure the rental equipment for the safety of the Customer and the equipment.

Arbors Bars and More is not responsible for underground utilities, and charges for time out, whether equipment is used or not. If permission is granted by the Customer to stake anything into the ground at their desired location, then it is the sole responsibility of the Customer to check for underground utilities and water mains.

  1. CANCELLATIONS.

All customers will provide a 50% NONREFUNDABLE DEPOSIT in order for ABM to reserve their order.

  • Customers who cancel their orders at any time after a deposit is provided WILL LOSE THEIR DEPOSIT regardless of their circumstances or reasons for cancellation.
  • Adjustments to orders can be made until 30 days prior to delivery (except for specialty items – see below). However, any such adjustments shall not reduce the total price of the invoice below the amount of the NON-REFUNDABLE 50% DEPOSIT.
  1. INSTALLATIONS
  • ABM will reserve dates for rental orders only if a rental agreement and this document have been signed. No Refunds for any order canceled 31 days prior to event. The 50% deposit is not refundable after 3 business days from placement of order.
  • Responsibility for insurance and issues with a venue are solely the customers responsibility.
  • The Customer is responsible for providing on-site contact information, as well as contact information from any other party to ABM in regards to the rental installation. This information will be provided at least 31 days prior to the event. ABM will not be responsible for issues arising from being provided wrong information.
  • Customer will be responsible for any damage done to the rentals.
  1. DELIVERY CHARGES.
  • Minimum delivery charges are based on 1-4 hour delivery windows with “non-same-day” pickups. Same-day and/or late evening pickups can be arranged for additional charges.
  • Customers must be present for their entire delivery window. PER will grant a 15 minute waiting period, after which the customer will be charged for waiting time up to $120.00 per hour billed in 5 minute increments.
  • Orders will be delivered only if the cost of the items rented, excluding delivery fees and labor, is at least $250.
  • ABM offers setup/breakdown services of equipment for additional charges.
  • “Curbside delivery,” is defined as:
  1. Delivery to a ground level location on a flat, hard surface, within twenty five (25) feet of the nearest loading area with no steps or obstructions.
  2. All equipment must be left where it was installed and only ABM will move the equipment.
  3. There will be a minimum two hour window for both delivery and pickup (unless otherwise arranged in writing with ABM).

ABM may assess additional charges at a rate of up to $120 per hour when delivery conditions cause ABM to incur additional labor costs, including, but not limited to:

  • deliveries impeded by stairs, elevators, steep or uneven surfaces, standing water, mud, or soft surfaces like sand, loose gravel, surfaces that are more than 4” out of level.
  • deliveries that involve waiting times of more than 15 minutes;
  • customer requires a precise (to within 15 minutes) delivery or pickup time;
  • last-minute or rush deliveries or pickups; and/or
  • Inaccurate delivery locations or directions supplied by the Customer.
  • If the renter is not available, then ABM may opt to either setup in a manner deemed aABMopriate by our staff. In such instances, no refunds will be given, and the customer accepts liability for any losses and damages that may happen to equipment left unsupervised for any reason, including acts of God.
  1.  
  2. EQUIPMENT USAGE AND RETURN.

Customer is responsible for any loss or damage to rental items regardless of cause or fault, including acts of God, and ABM has 72 hours after retaking or receiving possession of rented merchandise to assess its condition and determine whether damage occurred while it was in the possession of the renter.

In such instances, unless the items in question are covered by a damage waiver, the Customer agrees to pay ABM for:

  • All labor costs associated with repair and/or attempted repair of damaged equipment
  • Replacement equipment (if necessary)
  • Replacement of equipment directly related to the normal quality and functionality of the damaged equipment
  • All shipping or delivery fees associated with the replacement or repair of damaged equipment.
  1. DAMAGE WAIVER.

An 8% charge will be applied to all rental items to cover the cost of normal cleaning and maintenance. This does not cover LOSSES, THEFT OR DISAPPEARANCE OF EQUIPMENT

DUE TO CUSTOMER NEGLIGENCE. Broken items must be returned in their broken state or they will be considered stolen. Replacement of lost or damaged items is chargeable in addition to the damage waiver charge.

  1. MEASURING EVENT AREA.
  • ABM provides on-site estimates whenever possible for a fee of at least $125.
  • Planning and measuring is ultimately the responsibility of the Customer. If poor planning leads to improperly measured areas for placement of canopies, bars, etc. resulting in our inability to complete a job, then no refunds will be given and full payment will be made to ABM by the Customer.
  • ABM will not be held liable for any planning not performed by our staff.
  • The Customer is responsible for locating and pointing out any underground utilities, such as water mains, and gas, electrical, and sewage lines.
  1. DISCOUNTS.

ABM may offer discounts at its sole discretion. Any violation by the customer of ABM’s rental contract or Terms and Conditions, including violation of payment terms, will make such discounts null and void.

  1. LOCAL RULES AND REGULATIONS.

Any and all rules and regulations governing an event site must be provided in writing to ABM prior to the delivery of rental equipment. All fines incurred as a result of non-disclosure of such regulations are the responsibility of the customer.

Please use the space provided below to list any rules or regulations that ABM must follow during delivery, setup or removal of rental equipment as put forth by the owners or designated managers of the event location.