ABC: Hardware, Rental, Special Events: Customer Contract

RENTAL. Customer agrees to rent the Rented Property for the total due on the Contract, beginning the day and hour when the Rented Property is rented out and ending the day and hour when it is due back. If Customer wants to keep the Rented Property after the time it is due back, Customer must obtain and pay for an extension in writing from ABC.
INSPECTION. Customer agrees that Customer has inspected all Rented Property prior to receipt, will inspect it prior to its use, and will continue to inspect it at all times prior to its return to ABC. Unless Customer gives ABC a written notice of a problem or defect with the Rented Property, Customer agrees that the Rented Property was in good condition and repair when rented, and is satisfied with and has accepted and maintained such Rented Property in good condition and repair until its return to ABC.
SAFETY REGULATIONS AND EQUIPMENT. Customer acknowledges receipt of ABC’s instructions as to the safe operation and practices with respect to the Rented Property, and agrees that Customer, and all persons permitted to use the Rented Property by Customer, will, at a minimum, comply with such instructions and all safety provisions described in this Contract. Customer acknowledges that ABC DOES NOT RENT SAFETY EQUIPMENT of any type, including, but not limited to, nets, lanyards, belts, ropes and grabs, and Customer agrees that Customer is solely responsible to obtain any such safety equipment.
USE, STORAGE AND BREAKDOWNS. Customer agrees to safely load, unload, transport, operate and store the Rented Property, and is the only one responsible for injury to Customer and to others for its misuse or incorrect loading, unloading, transport or storage. If Customer is using a trailer to transport the Rented Property, Customer is solely responsible for properly attaching the trailer to its vehicle, which includes wiring for lights in accordance with OEM manufactured wiring standards and attaching safety chains to the towing vehicle. Customer is expected to inspect the trailer and its accompanying parts before its acceptance of the trailer. ABC shall not be responsible for Customer’s use of the trailer and any consequences thereof, including, but not limited to, traffic violations. If at any time, any of the Rented Property becomes unsafe, in need of repair, or if someone is injured by the Rented Property, Customer will immediately stop using it and immediately notify ABC. Customer will secure and maintain the Rented Property and the circumstances which exist at the time of any such occurrence until the incident has been fully investigated. ABC is not the manufacturer of, and gives no warranties with respect to, the Rented Property, and CUSTOMER WAIVES THE WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
SETUP. If the Rented Property requires installation or setup, Customer agrees that the Rented Property will be installed at the address indicated on the Contract. Regardless of whether or not the Rented Property is setup by ABC, Customer agrees that it is the Customer’s responsibility, at Customer’s cost, to make sure that Customer has all of the necessary permits, licenses, and approvals to use the Rented Property at such location. Customer agrees that Customer has been advised of the electrical requirements for Rented Property, and agrees to give free and nearby access to electrical power to ABC for any of the Rented Property being setup by ABC. If ABC determines that a generator is necessary to operate any of the Rented Property because of the unavailability of adequate or nearby electricity, Customer agrees to provide to or rent from ABC, a generator, in order to furnish such electrical power. Customer understands that the installation of the Rented Property may be required several days before an event, and if installed by ABC, Customer agrees to have the site clean and clear of all obstacles that would prevent access or installation of the Rented Property, at least three (3) days in advance of the event. Customer agrees that for the Rented Property installed by ABC, it may be uninstalled by ABC after the time it is due back to ABC, at no additional cost to Customer.
TENT INSTALLATION. In order for a tent to be properly assembled, the tent should be anchored to the ground with iron tent stakes. Customer must notify ABC of the location of any underground utilities, septic systems, or irrigation systems before the tent is erected. ABC does not recommend using any other means to anchor the tent. Should Customer desire the tent to be assembled without iron stakes, ABC can secure the tent with 55 gallon water barrels. This process takes more time and adds risk of damage to the tent and any property under or near the tent. If Customer disregards ABC’s recommendation that the tent be anchored to the ground with iron stakes, and chooses to secure the tent with water barrels instead, Customer does so at Customer’s own risk, assumes all risk of damage, injury, or death, and Customer releases ABC from ALL liability and shall indemnify, defend and hold harmless ABC, its agents, employees, officers and assigns from and against, any and all liabilities, tent repairs or replacement, damages and injuries (including, but not limited to, body injury, illness and death), claims, penalties, suits, actions, costs and expenses (including reasonable attorneys fees and court costs), relating to or arising out of the use, condition, operation or return of the tent, regardless of where, how, and by whom operated. At all times, Customer agrees to be responsible for the safety and security of the tent during the rental period and any layover period.
DAMAGE. Customer agrees to return the Rented Property in the same clean, good working, and undamaged condition as when rented or Customer will be charged for its cleaning and repair, and if the Rented Property is destroyed, lost, stolen, or seized, Customer agrees to pay to ABC the full replacement cost of the Rented Property (including transportation and destination charges) plus the cost of lost rental on the Rented Property during any period of nonuse. THE FAILURE TO RETURN THE RENTED PROPERTY MAY SUBJECT CUSTOMER TO CRIMINAL PROSECUTION. If Customer does not obtain the damage waiver, Customer must pay for all damage to the Rented Property, which occurred after Customer took possession of it and prior to its return to ABC. If Customer obtains the damage waiver, Customer will not pay for damage to the Rented Property due to an accident occurring during such period while Customer or another ABC authorized user was using it with ordinary care (Example: Hitting a sewer pipe which is sticking up from the ground with a lawnmower, is not using ordinary care.)
INDEMNIFICATION. ABC IS NOT RESPONSIBLE TO CUSTOMER OR TO ANY OTHER PERSONS, AND CUSTOMER AGREES TO INDEMNIFY AND HOLD ABC HARMLESS, FOR ALL ACTIONS, CLAIMS, PROCEEDINGS, INJURIES, DAMAGES AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND COURT COSTS) BECAUSE OF BREAKDOWN, DEFECT, MISUSE, FAILURE TO USE PROPER SAFETY EQUIPMENT, OR INCORRECT LOADING, UNLOADING, OR TRANSPORT, OF THE RENTED PROPERTY. CUSTOMER KNOWINGLY, FREELY AND VOLUNTARILY WAIVES ANY RIGHT THAT CUSTOMER’S INSURANCE COMPANY MAY HAVE TO BRING ANY TYPE OF ACTION AGAINST ABC WITH RESPECT TO THE RENTED PROPERTY.
REMEDIES. CUSTOMER FREELY, KNOWINGLY, AND VOLUNTARILY AGREES THAT:

Customer assumes all risk of loss with respect to underground wires, pipes and the like, and all necessary surface repairs, from the installation/removal (even if by ABC), of the Rented Property.
For all time periods that the Customer fails to return the Rented Property after it is due back to ABC, Customer agrees to pay ABC 150% of the total due as shown on the Contract
For all reservations totaling less than $500.00, ABC requires at least 30 days advance notice if Customer wishes to cancel their reservation without penalty. For all reservations totaling $500.00 or more, ABC requires at least 90 days advance notice if Customer wishes to cancel their reservation without penalty. Customers not providing ABC with proper notice of cancellation forfeit all money already paid to ABC by Customer for that reservation; however, with respect to rental of inflatables only, customers who must cancel their reservation on the day of their event because of inclement weather (as determined by ABC), will be charged a 25% restocking fee and will receive a gift certificate equal to the money already paid for that reservation (minus the 25% restocking fee), which gift certificate may be used towards a future rental from ABC.
Customer authorizes ABC, as Customer’s irrevocable agent, to complete and sign all charge or debit card slips for Customer’s bank card for all amounts due ABC by Customer under the Contract, including cleaning charges and damage to the Rented Property and the full replacement cost of the Rented Property if lost, stolen or seized:
Customer authorizes ABC to file a mechanic’s lien against any of Customer’s real property upon which the Rented Property was used for all amounts due ABC by Customer under the Contract;
Customer agrees to pay ABC’s attorney fees and costs if Customer does not abide by this Agreement, and Customer agrees to pay interest at the rate of 1.3% per month on all late payments under this Agreement.
Customer authorizes ABC, as Customer’s irrevocable agent, to complete, sign and file all claims and documents with Customer’s insurance company for all of Customer’s liability under this contract.

Current as of: June 2006