This Rental Agreement (“Agreement”), dated as on the Rental Order Form, is by and between Cantu´s Special Events LLC (“CANTU´S”) and the Rented To as on the Rental Order Form (“Customer”). In consideration of hiring of the equipment described herein (the “Rental Items”), CANTU´S and Customer agree as follows:
SCOPE OF AGREEMENT. This Agreement governs all orders between CANTU´S and Customer that are documented with a Rental Order Form. Rental Order Forms will be completed for specific Rental Items on specific occasions. CANTU´S and Customer agree that each Rental Order Form will be considered an addendum to this Agreement and the terms and provisions of a Rental Order Form are incorporated into this Agreement and together provide the complete terms and conditions for that order.
PICKUP, DELIVERY AND SET UP:
3. RECEIPT/INSPECTION. Customer hires the Rental Items on an “as is” basis. By accepting delivery or possession of the Rental Items, Customer acknowledges and agrees that Customer has:
a. Personally inspected the Rental Items and confirmed receipt of all items listed in this Agreement;
b. Found the Rental Items suitable to Customer’s needs; and
c. Found the Rental Items to be in good working order and repair.
i. If Customer arranges for CANTU´S to deliver the Rental Items, then Customer shall have a representative present at delivery. If for any reason Customer fails to have a representative present at delivery, then Customer accepts the Rental Items as though Customer had inspected them and confirmed subparts (a), (b) and (c) above.
4. NO LOADING. If Customer picks up Rental Items from CANTU´S, Customer is responsible for ensuring that Rental Items are properly stowed and secured within Customer’s vehicle. Customer shall be responsible for any damage to Rental Items which result from improper stowing and securing. If Customer is unable or unwilling to properly load and secure Rental Items in Customer’s vehicle, delivery services are available at Customer’s expense.
5. DELIVERY VEHICLE ACCESS. If Customer requests delivery of Rental Items by CANTU´S trucks and part of the delivery route will be on private roads or driveways, Customer shall be responsible for ensuring that there is adequate vertical and horizontal clearance from overhanging trees and structures. CANTU´S provides information on its website regarding truck sizes and required clearance. Customer must inspect and measure private drives and roadways prior to the day of delivery to ensure that trucks will not be damaged in making deliveries. If Customer fails to conduct a proper inspection and CANTU´S vehicles are damaged in making deliveries to Customer, Customer shall be liable to CANTU´S for the resulting damage to property or vehicles. In the event that CANTU´S has to make a second trip an additional delivery charge will be assessed.
6. SITE PREPARATION. Customer shall have the site upon which the Rental Items are to be erected free and clear of all obstacles, natural and man-made, prior to the arrival of the CANTU´S installation crew. Customer shall turn off all sprinkler systems prior to arrival of the Rental Items. Upon pickup, Customer shall clear all items under and around the tent prior to the arrival of the CANTU´S installation crew unless CANTU´S has been retained for the equipment breakdown. If Customer fails to do so, then Customer shall pay all costs resulting from any delay.
7. ELECTRIC POWER AND LIGHTING. Except where Customer’s order includes generators supplied by CANTU´S, Customer shall furnish CANTU´S access to and the right to use Customer’s electrical and power lines for the installation and operation of the Rental Items.
8. UNDERGROUND FACILITIES. Customer acknowledges the availability of services for the identification of underground utilities such as water, gas and electric pipe and conduits (“Underground Facilities”). Where equipment installation will involve any penetration of the ground (tent stakes, for example), Customer shall have all Underground Facilities in the vicinity of the equipment installation clearly marked with marking paint prior to the arrival of CANTU´S installation crew. Customer will be solely responsible for any harm or damage to Underground Facilities and any consequential harm or damage to people or property unless CANTU´S negligently penetrates a clearly marked area. Customer must contact the service providers for the Underground Facilities one week prior to equipment installation to identify the Underground Facilities.
9. WEATHER RELATED RISKS. Customer assumes all weather related risks involved in holding an outdoor event. Client acknowledges that tents are temporary shade structures and not storm shelters, and though water resistant, they are not water proof. Should damage or incident result from high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond CANTU´S control, Customer shall still be liable for payment in full of all charges.
OPERATION OF RENTAL ITEMS:
10. NO OPERATORS. Unless specifically agreed, CANTU´S does not furnish, directly or indirectly, any personnel or staff to operate Rental Items.
11. CUSTOMER RESPONSIBILITY FOR OPERATION. Customer acknowledges and agrees that:
a. Customer understands the proper operation and use of Rental Items;
b. CANTU´S has offered to provide, upon reasonable prior notice, additional instruction to Customer regarding the use of Rental Items; and
c. Customer is ultimately responsible for the operation and care of Rental Items.
d. Whenever Customer becomes aware that any Rental Item is malfunctioning or is unsafe to use for any reason, Customer shall discontinue use of the malfunctioning and/or unsafe Rental Item, remove it to a safe location, and immediately notify CANTU´S of the problem.
12. PROPER OPERATION AND USE. Customer shall not allow any person to operate or use the Rental Items:
a. Who is not qualified.
b. If the Rental Item is in need of repair or is in an unsafe condition or situation.
c. For anything other than its intended purpose/function.
i. Customer shall not:
a. Modify, misuse, harm or abuse the Rental Items; or,
b. Make any repair to the Rental Items without CANTU´S prior written consent.
ii. Customer shall visually inspect the Rental Items at least daily and immediately discontinue use and notify CANTU´S if Rental Items are in need of repair or maintenance or are not functioning properly. CANTU´S has no responsibility to inspect Rental Items while Rental Items are in Customer’s possession.
13. REPLACEMENT OF MALFUNCTIONING ITEMS. CLASSIC will repair or replace Rental Items in disrepair with similar items in good working order if available, so long as the defect is the result of normal use.
14. NO COOKING UNDER TENTS. Customer shall not cook under or near tents. Customer shall pay all losses or costs incurred for damage to or cleaning of tent tops due to cooking under or near tents.
CUSTOMER RESPONSIBILITY FOR RENTAL ITEMS:
15. CUSTOMER RESPONSIBILITY FOR RENTAL ITEMS. Once Customer has accepted delivery or taken possession of Rental Items, Customer shall be responsible for any lost or stolen Rental Items. In addition, Customer shall be responsible for all damage to Rental Items not caused by ordinary wear and tear. “Ordinary wear and tear” shall mean the normal deterioration of the Rental Items resulting from anticipated, reasonable and proper use. 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; and contaminating Rental Items with paint, candle wax, tape, staples, wine, mold or any other material. Customer shall pay CANTU´S a) the replacement cost for any Rental Items that are not returned because they are lost or stolen; b) the repair costs for any damage to Rental Items unless Customer has accepted the Equipment Protection Plan option and the damages are covered under the terms of the Equipment Protection Plan.
16. EQUIPMENT PROTECTION PLAN. Customer has the option to accept CANTU´S Equipment Protection Plan by paying an additional 15% of the net rental rate for all applicable Rental Items. If Customer accepts the Equipment Protection Plan, then CANTU´S waives all claims against Customer for accidental breakage or damage to Rental Items, with the exception of third party sub rental items, that occurs despite usage and handling with reasonable care. Items not returned to CANTU´S within seven (7) days after your event are billed the full replacement cost. The Equipment Protection Plan is not insurance and it does not cover:
a. Rental items not returned;
c. Damage resulting from vandalism or intentional or improper misuse;
d. Damage resulting from failure to secure Rental Items during transport, overloading or exceeding the rated capacity of the Rental Items;
e. Damage to motors or other electrical appliances or devices caused by artificial current;
f. Any damage resulting from overturning;
g. Any damage resulting from use of the Rental Items in violation of any provision of this Agreement or violation of any law, ordinance or regulation;
h. Any damage due to weather; and
i. Any Damage to third party sub rental items or specialty linens.
17. RETURN. Customer shall return all Rental Items to CANTU´S on or before the pickup or return date set forth in the Agreement. Time is of the essence and any extension of the rental period must be in writing. When Customer arranges for CANTU´S to pick up the Rental Items, Customer shall store the Rental Items in a secure location pending pickup and Customer agrees to have a representative present at pickup. Customer’s responsibility for the Rental Items continues until Customer returns physical possession of the Rental Items to CANTU´S. Customer shall be responsible for all travel costs incurred by CANTU´S in connection with a) replacing or repairing damaged Rental Items not covered by the Equipment Protection Plan, or b) additional pick up trips due to Customer’s failure to assemble all Rental Items for pick up. Travel costs include, but are not limited to, the hourly rates for CANTU´S personnel and mileage at $2.50 per mile.
18. CLEANING. China, Glassware and Flatware must be returned rinsed and repacked properly in boxes or crates provided or additional charges will be assessed. Special cleaning fees may be imposed on BBQ Grills, Deep Fryers and Cooking Equipment, including but not limited to cleaning of deep fryer grease and removal of coals from BBQ Grills.
19. LINENS. Table linens will be inspected prior to Customer taking possession and upon their return to CANTU´S. You may request that linens be inspected in your presence. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG AS MILDEW WILL RESULT. CANTU´S Rentals provides blue linen return bags and silver hanger return bags with every linen order. Please do not put hangers in the linen bag as this might result in tears. If there is obvious damage such as mildew, excessive stains, burns or tears, you will be charged the cost of the linen and you may keep the linen as though it were a sale. Return all linens dry and free of food waste.
OTHER IMPORTANT TERMS AND CONDITIONS:
20. RENTAL PERIOD/RATE. A rental period is twenty-four (24) hours unless a different term is specified in the Rental Contract. For Rental Items not returned prior to the Rental Contract deadline, additional charges will apply.
21. POSSESSION/TITLE. Title to the Rental Items is and shall remain vested in CANTU´S. If Customer fails to timely return physical possession of the Rental Items in accordance with this Agreement, CANTU´S shall have the right to recover physical possession of the Rental Items without further notice or legal process, and to use whatever reasonable means is necessary. Customer agrees to indemnify, defend and hold harmless the CANTU´S Indemnified Parties from any and all claims and costs arising out of CANTU´S recovery of physical possession of the Rental Items.
22. INTEREST ON LATE PAYMENT. Customer shall pay a monthly finance charge of 2% on all balances which are delinquent in excess of 30 days.
23. NO LIENS. Customer shall not allow the imposition of a lien upon any Rental Item.
24. DISCLAIMER OF WARRANTIES. CANTU´S makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation that the Rental Items are fit for Customer’s particular intended use, or that Rental Items are free of latent defects. CANTU´S shall not be responsible to Customer 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. CANTU´S shall not be responsible for any defect or failure unknown to CANTU´S. Customer’s sole 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 CANTU´S immediately of such failure and returns the Rental Items to CANTU´S within twenty-four (24) hours of such failure.
25. COMPLIANCE WITH LAWS. Customer shall not use or allow anyone to use the Rental Items for any illegal purpose or in any illegal or unsafe manner. Customer, at Customer’s sole cost and expense, will 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. Specifically, Customer shall comply with Health and Safety laws and regulations, fire safety regulations (such as those prohibiting heaters or cooking inside of tents), sound and noise ordinances and regulations, and ordinances and regulations requiring event permits. Customer shall pay all licenses, fines, fees, permits or taxes arising from the use of the Rental Items, including any which are subsequently determined to be due.
26. PURCHASE ORDERS. If Customer’s purchase order number is used on the Rental Order Form, such use is for Customer’s convenience and identification only and does not indicate a purchase.
27. SUBLETTING/LOCATION. Customer will not sublet, loan or assign the Rental Items. Customer will not move the Rental Items from the address at which Customer represented they were to be used.
28. DEFAULT. Should Customer fail to observe or comply with any provision of this Agreement, CANTU´S may, at its sole option, terminate this Agreement, retake the Rental Items, declare any charges due and payable and initiate legal process to recover monies owed, and/or pursue any other legal rights and remedies available to CANTU´S. Exercise of any remedy available to CANTU´S shall not constitute an election of remedies or a waiver of any additional remedies to which CANTU´S may be entitled.
29. LEGAL FEES. In the event of any legal action or proceedings arising out of or related to this Agreement, the prevailing party shall be entitled to recover all reasonable attorney’s fees and costs.
30. NOTICE OF NON-WAIVER/SEVER ABILITY. Any failure of CANTU´S to insist upon strict performance by Customer of any provision of this Agreement shall not waive CANTU´S right to demand compliance with all other provisions of this Agreement. The provisions of this Agreement are severable so that the une force ability, invalidity or waiver of any provision shall not affect any other provision.
31. CONSUMER PRODUCTS EXPOSURE WARNING. The Rental Items contain or produce one or more chemicals known to the State of Texas to cause cancer, birth defects or other reproductive harm.
32. GOVERNING LAW. This Agreement shall be governed by Texas Law and it shall be deemed entered into in Texas. Customer and CANTU´S agree to submit to personal jurisdiction in the estate of Texas.