BLOCK PARTY BARRICADES, LLC (BPB) TERMS AND CONDITIONS OF RENTAL
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1. RENTAL & TERM. The Rental begins on the date & time specified as “Will-Call” or “Delivery” or “Event Begin” on the rental contract, and terminates on the date and time specified as “Return” or “Pick up” or “Event End” by (unless amended in writing by a representative of BLOCK PARTY BARRICADES, LLC (BPB). “Renter” means the customer identified on the rental contract. “Dealer” or “BPB” means BLOCK PARTY BARRICADES, LLC. Rental charges commence on the receipt of Equipment by Renter and end upon return and check in at the Dealer locations. Dealer may terminate rental at ANY time and take possession of the rental equipment. Dealer hereby leases to Renter all equipment named and identified in verbal agreement, email or quote for use at such location and at such rental rate for approximately such time as is therein stated.
2. CONDITIONS OF HIRING, INSPECTION PRIVILEGE AND WAIVER OF DEFECTS. Renter accepts all equipment on an “AS IS”. Renter acknowledges receipt of all equipment in good working condition and declares that Renter fully understands its proper operations and use. NO REFUND OR CREDIT will be issued for UNUSED rental items. Renter acknowledges and declares that Renter has examined the equipment and has received all such equipment in good and useable condition. If there is any MISSING, DAMAGED or UNACCOUNTED for equipment, Renter must notify BPB PRIOR to the beginning of the event to AVOID replacement fees. Renter agrees to pay for the full cost of replacement, repair fees and loss of use for any and all rental equipment that is lost, stolen or damaged. Rental fee will not be refunded upon determination of damage. In case of an EMERGENCY, call 503-806.1427 and talk to a customer service representative. If after hours, select the emergency prompt and you will be transferred to a representative.
3. PAYMENT. A DEPOSIT OF 100% of the total rental order is required to confirm all rental orders, unless otherwise contracted. The RESERVATION FEE is non-refundable within 5 days of the scheduled client pickup or delivery date (tents excluded). Final changes MUST be received 72 hours prior to delivery or Renter pick up. Dealer reserves the right to charge a 25% cancellation or restocking fee on equipment that is cancelled within 72 hours of delivery or client pickup.
RENTER AGREES TO PAY DEALER UPON DEMAND All rates, charges, taxes, fuel, delivery, pickup and reservation cancellation fees and all other amounts incurred as a result of this rental transaction along with replacement costs for any loss of rental equipment. Dealer considers Rental Equipment lost if not returned within FIVE DAYS of the date and time specified as “Return” or “Event End”.
CREDIT CARD. A valid credit card and identification is required BEFORE any Rental Equipment leaves dealer facility. Renter agrees to allow Dealer to keep said credit card information and proof of identification in Renter file until contract between Renter and Dealer is complete. Renter authorizes that Dealer may bill renter’s credit card at time of reservation or upon receipt of the rented item(s) or upon the return of the items(s).
PAYMENT GUARANTEE. If Renter has directed Dealer and Dealer has agreed to bill charges a third party who fails to make payment promptly when due, Renter promises to pay Dealer on demand and Renter remains responsible for all charges.
FINAL AUDIT. Renter understands that all charges are subject to a FINAL AUDIT after return of the equipment. Renter authorizes any credits or additional charges to be made and paid by the method used at the time of reservation, rental or return.
DISCOUNTS. Any discounts applied to rental orders are valid for 30 days after event date. IF full payment for discounted orders is not received within 30 days after event date all discounts are considered null and void. A 1.5% monthly late fee will be added to open invoices after 30 days.
4. DELIVERY / PICK UP. Delivery is available at a nominal fee. Should Renter choose to have rental items delivered, it is understood that the term “delivery” refers to the transportation and drop off of the items rented to a single predetermined site as well as transporting equipment no farther than 50 feet from access to delivery vehicle without prior arrangements in writing or print. If equipment drop off or pick up point is farther than 50 feet from access to the delivery vehicle, Renter acknowledges that additional labor fees may be applied to final invoice. Renter agrees to notify Dealer of any permanent barriers or obstacles that may hinder delivery of the Rental Equipment in a safe and timely manner. (e.g. stairs, hills, permanent structures, parking regulations, etc) Renter agrees to remove all obstructions and personal property from specified delivery path prior to delivery.
5. DELIVERY, SET UP & BREAKDOWN. Renter is responsible for loading and unloading all goods. If the Dealer’s employees assist in loading or unloading of the equipment, Renter agrees to assume the risk and hold the Dealer harmless for ANY property damage or personal injuries, including damage or injuries attributable to the negligence of the Dealer or its employees. Renter agrees to return the Equipment to Dealer’s premises upon the “Return” or “Event End in the condition received by Renter. Renter is responsible for set up of all Rental Equipment unless otherwise specified in print or writing. Renter is responsible for having all Rental Equipment broken down (meaning stacked and assembled) and available PRIOR to Dealer pickup. Setup and Breakdown is not included in the rental charge. Pre-arranged setup and breakdown is STRONGLY recommended. If Renter requests setup at time of delivery, Dealer or Dealer employees may decline due to time constraints.
6. CLEANING & DAMAGE. Renter is responsible for paying any damage or replacement fees on any lost, stolen, damaged or missing equipment upon return of equipment to facility. Renter agrees to return all food service items RINSED and FREE OF ANY FOOD in the same containers they were received in. Glassware is to be returned mouth down in the original rack received in. Linens are to be returned free of debris and in linen bag provided by Dealer. Renter is responsible for any additional cleaning fees for items returned and deemed dirty by Dealer.
7. EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR. Renter will immediately discontinue use of the personal property should it at any time following the execution of this agreement or any subsequent agreement, become unsafe or in a state of disrepair. Furthermore, the Renter will IMMEDIATELY notify Dealer that the Equipment is unsafe or in disrepair until such time as Dealer has regained possession. The Renter agrees to take all steps reasonably necessary to prevent injuries to any person and all property from the Rental Equipment or product.
8. COMPLIANCE WITH LAWS. Renter acknowledges that Dealer has no control over the use of Rental Equipment by Renter, and Renter agrees, at his/her sole expense to comply with all municipal, county, state and federal laws, ordinances and regulations, including the Occupational Safety and Health Administration Act of 1970 (OSHA) which may affect the Rental Equipment while it is in the possession of and use by the Renter.
9. PERMITTED AREA OF USE OF EQUIPMENT. Without Dealer’s written consent. Renter shall not remove the Equipment from the county in which it is rented.
10. DISCLAIMER OF WARRANTIES DEALER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE EQUIPMENTS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
11. RENTER’S SOLE REMEDY OR ANY FAILURE OF OR DEFECT IN THE EQUIPMENT SHALL BE THE TERMINATION OF THE RENTAL CHARGES AT THE TIME OF THE FAILURE, PROVIDED THE EQUIPMENT IS RETURNED TO DEALER WITHIN 24 HOURS AFTER SUCH FAILURE. DEALER SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY TO RENTER OR RENTER’S PROPERTY, INCLUDING INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, IN ANY WAY CONNECTED WITH THE OPERATION, USE DEFECT IN OR FAILURE OF THE EQUIPMENT.
12. USE OF DEPOSIT. Renter acknowledges the deposit paid by Renter hereunder is to secure the payment of rental charges hereunder and to guarantee the full and complete performance of the terms, covenants and agreements to be performed by Renter.
13. INDEMNIFICATION. Renter expressly indemnifies and holds Dealer harmless, from any and all claims, loss, and costs, including attorney fees in connection with the hiring and use of the Equipment regardless of whether a lawsuit is brought forth.
14. ATTORNEY FEES. IN ANY PROCEEDING TO ENFORCE OR INTERPRET THIS RENTAL CONTRACT SHALL BE BROUGHT IN MULTNOMAH COUNTY CIRCUIT COURT AND SHALL BE GOVERNED BY OREGON LAW.
15. TAXES. Renter agrees to pay any and all taxes, license fees, or permit fees arising out of the use of the Rental Equipment. In the event of a claim by any governmental agency against Dealer to recover taxes arising out of the use of the Rental Equipment. Renter agrees to pay to Dealer said taxes upon demand.
TITLE. Title to the Equipment is and shall remain in Dealer. IF the equipment is levied upon any reason whatsoever. Dealer may retake the Equipment without notice or legal process and may take all action.
16. CONSTRUCTION. The paragraph headings used herein are for convenience only and are not to be used in construing the meaning or intent of any of the terms or provisions of
this Rental Contract.