RENTAL TERMS AND CONDITIONS
1. Customer definition: “Customer” shall mean the named customer on the agreement, their agent(s), representative(s) or employee(s).
2. Acknowledgement and acceptance: Customer acknowledges the Royse Green Technologies Agreement is subject to the terms and conditions. Acceptance and use of rental items is acceptance of the terms and conditions herein.
3. Purpose and time of rental: Royse Green Technologies rents to the customer identified on the rental agreement the personal property described therein for the purpose, event, or the period specified. Time is the essence of the rental agreement. The customer’s right to possession begins and ends on dates specified on the rental agreement. If Rental Items are being delivered, the rental period begins on the date of delivery and end on the date that Royse Green Technologies picks up the items. If Rental Items are will called by the Client, the rental period begins on the date of Client pick up and ends on the date of return as stated on the contract. Any extension of the time of the agreement must be agreed upon by Royse Green Technologies. Retention of Rental Items after the specified return date is a material breach of the rental agreement and may be subject to increased pricing.
4. Inspection, acceptance and possession: Customer is responsible to verify the receipt and acceptability of all rental items provided and the immediate notification of Royse Green Technologies at 202-340-7111 of any defective Rental Items, missing Rental Items, or quantity discrepancy. All Rental Items shall be the sole responsibility of the customer during their possession.
5. Rental possession and return: All rental items, accessories, carts, racks, crates, bins, bags, tubs, tanks, and containers are to be secured while in customer possession and returned to Royse Green Technologies or made available for Royse Green Technologies pickup within the time frame of the rental agreement.
6. Unused rental items refunds: No refund of rental charges will be given for unused rental items.
7. Safe and proper use: Customer is responsible for the safe and proper use of rental items and transport devices/containers as well as their care and protection from rain, fire, damage, unauthorized use, misuse, theft, or mishandling. Customer shall discontinue use of any and all rental items that become unsafe or in disrepair during use and immediately notify Royse Green Technologies of such action if Royse Green Technologies assistance is required. Customer shall hold Royse Green Technologies harmless from any claim or liability whatsoever resulting from or rising out of such action(s).
8. Lost, stolen or damaged items: All Rental Items must be kept secure and protected from water damage (e.g., rain, flood, or irrigation systems) before, during and after the event. Additional charges shall be made for the full replacement or repair of lost, stolen, vandalized, or damaged rental items, containers and transport devices. All returned product is subject to Royse Green Technologies inspection for damage and replacement fees, excepting normal wear.
9. Payment: Payment of rental agreement is due prior to customer will call or delivery unless an On Account agreement is in place. On Account payment must be paid in full in accordance to the agreed upon terns of the Account. Additional charges for loss or damage assessed on return of Rental Items shall be Clients responsibility if not covered by or exceeds damage waiver. Future rental agreements may be restricted or denied until accounts are paid to current status. All returned checks shall incur an additional $35 processing fee.
10. Cancellation: Except for a cancellation for a default by Royse Green Technologies, upon any cancellation of an accepted Order, Client shall be responsible for the cancellation fees specified in the Order. If no additional cancellation fees are specified in the order, the following cancellation fees shall apply: (i) Orders cancelled within 45 days of delivery date, 25% of Reservation total; (ii) Orders cancelled within 14 days of delivery date, 50% of Reservation total; and (iii) Orders cancelled within 7 days of delivery date, 75% of Reservation total; (iv)Orders cancelled after being loaded on a truck, or at or after the specified pickup (“install”) time for “will call” orders, 100% of the Reservation total.
11. Collection: Customer agrees to pay all reasonable collection costs, attorney fees, court costs or any other expenses incurred by Royse Green Technologies or its representative(s) to enforce the terms and conditions of the rental agreement contract including collection of balances and penalties owed.
12. Access: If Royse Green Technologies is delivering or installing Rental items, Client shall be responsible to (a) provide or obtain access to the Event location and areas required for Royse Green Technologies to unload, stage, and install the Rental Items; (b) endure all Rental Items will fit into the venue, including doors, elevators, and stairwells; (c) coordinate the work of Royse Green Technologies with the work of others to avoid undue delay in Royse Green Technologies ability to perform Services and install and remove the Rental items in a timely and efficient manner.
13. Client Contracts: Any contract requirements imposed by Client or any venue must be provided for Royse Green Technologies review and approval no less than fourteen (14) business days in advance of the delivery/install date. It is the Client’s responsibility to timely provide for Royse Green Technologies review and approval any Client or venue PO, non-disclosure, hold harmless, or other agreement.
14. Weather Events: Royse Green Technologies will use commercially reasonable efforts to minimize weather related risks of any outdoor Event. However, should any appropriately installed Rental Items become unusable after Delivery to the Event due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Royse Green Technologies control, Client shall be still be liable for payment in full of all charges. At Client’s request, subject to availability, Royse Green Technologies will attempt to repair, reinstall, or replace any properly installed Rental Items due to weather events and Client shall pay Royse Green Technologies actual cost in connection therewith plus an administrative cost of twenty percent (20%). If there is forecasted to occur during installation extreme weather, Royse Green Technologies may decline to install the Rental Items for the safety of Royse Green Technologies workers and others.
15. Delivery / pickup premiums: Difficult and restricted access conditions caused by stairs, elevators, hills, pathways, low or narrow clearances, locked gates / doors / passages, limited access time(s), obstructed or blocked passage, security restrictions, vehicle blockage, guard animals blockage, alarms, etc. shall incur additional fees resulting from additional labor cost on deliveries or pickups.
16. Customer Will Call: Client assumes all responsibility for loading and unloading of Rental Items in any customer provided vehicle and shall hold Royse Green Technologies harmless for any property damage or personal injury from Royse Green Technologies assistance under the direction of the customer. Client is responsible for transporting all Rental Items in a covered vehicle with proper straps, ropes, ratchets, etc to secure Rental Items.
17. Moving non-rental: Royse Green Technologies is not liable for any damage arising from customer-requested moving of non-rental items, including, but not limited to, furniture, vehicles, plants, lights, decorative items, etc. or for Rental Items placed in risk prone areas not previously identified and agreed to.
18. Point of use provisions and lawful compliance: Customer shall be responsible for sufficient electrical requirements of rental equipment or fire safety & permits of open flame equipment. Customer agrees at their sole cost to comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the rental items for the rental period. Customer is responsible for all needed licenses and permits.
19. Assumption of risk: Customer assumes the risk of use of all Rental Items and holds Royse Green Technologies harmless for property damage and personal injuries associated with the Rental Items. Customer shall indemnify and hold Royse Green Technologies harmless from third party claims of loss, injury or damage to their persons or property arising from the customer’s possession or use including legal cost if defense of such claims.
20. Repossession & recovery of rental items: Upon failure to return rental items and/or breach of the terms and conditions of the rental agreement, Royse Green Technologies shall have the right to terminate the rental agreement and recover rental items from wherever they are without further notice or legal process. Royse Green Technologies and its agents shall not be liable for claims for damage or trespass arising from the removal of the agreement’s rental items.
21. Warranties: There are no warranties of merchantability or fitness, either expressed or implied. There is no warranty that the Rental Items are suited to the customer’s intended use or that they are free from defects.
22. Force Majeure: Royse Green Technologies performance under this Agreement will be excused or may be delayed or modified without liability in the event of severe weather conditions, strikes, labor disputes, riots, accidents, natural disasters and other Acts of God, and governmental mandates beyond Royse Green Technologies control. In such event, Royse Green Technologies will promptly notify Client of such conditions. At Client's request, Royse Green Technologies will use reasonable efforts to provide substitute Rental Items and Services subject to each party's written approval of the substitute Rental Items and Services and Rental Prices and Fees.