For the purpose of this Rental Agreement:
- Beva Designs (BI) 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:
- 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 Beva Designs 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.
2. 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 Beva Designs 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 Beva Designs, which customer otherwise may be entitled to assert.
3. POSSESSION/ TITLE.
PPR 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 BI)
- 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 7 days prior to delivery, unless otherwise specified by BI. If this obligation is not met, BI 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 Alberta law.
Customer’s right to possession of the rental items:
- Is for a 3-day period. Equipment returned after normal business hours on the third day will be charged for an additional 3-day rental period.
- Begins when the rental items leave the rental center in the care of the customer, or when the customer accepts and signs for the delivery of the rental items upon delivery.
- 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 BI has regained possession of the rental equipment.
- Any extension of the agreement must be agreed upon by BI in writing.
- Title of the rental items shall, at all times, remain with BI
- Customer authorizes PPR to retake possession of the rental items without notice or legal process at any time, despite whether the equipment is on private property.
4. LEGAL FEES.
Customer will pay all collect ion fees, attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract.
5. 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.”
6.UNSAFE CONDITIONS.
Beva Designs 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.
Beva Designs 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.
7. CANCELLATIONS.
All customers will provide a 50% NONREFUNDABLE DEPOSIT in order for BI 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 7 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.
8. DELIVERY CHARGES.
BI Pickup & Delivery Charge is $50 Flat Fee.
9. EQUIPMENT USAGE AND RETURN.
All Plates and flatware must be rinsed reasonably free of any food debris. If the Customer fails to do so, then PPR will charge an additional $0.25 cents per piece to be deducted from the security bond. Additionally, Customer is responsible for any loss or damage to rental items regardless of cause or fault, including acts of God, and BI 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 quest ion are covered by a damage waiver, the Customer agrees to pay BI 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.
10. DAMAGE WAIVER.
A 3% 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
11. DISCOUNTS.
Beva Inc. may offer discounts at its sole discretion. Any violation by the customer of Beva Inc. rental contract or Terms and Conditions, including violation of payment terms, will make such discounts null and void.