1. All rentals are cash in advance.
2. A charge will be added for items requiring cleaning
upon return.
3. The Renter will be charged for time until equipment
is returned to store and return is verified by validation of
the contract. That time is the essence of the contract and the
Renter agrees that charges are based on time out, not time used.
4. The Renter certifies and acknowledges that they have
this date and at the time specified received from Party Time
Rental the personal property listed and identified in the contract.
5. The personal property is rented to the Renter by Party
Time Rental to be used by the Renter at the designated address
for the stated time period and is to be used solely for the
purpose for which said equipment was manufactured and intended.
6. The equipment will not be removed from the address
listed on the contract for use at any other address without
the consent of Party Time Rental.
7. The Renter has personally inspected the personal property
being rented and found it to be in good working and unbroken
condition when received and declares that they fully understand
the proper use and that it meets their requirements.
8. The Renter, upon termination of their contract as
stated in the "Expiration Date" section of their contract,
will immediately return the rented personal property, with all
attachments, accessories, and parts thereof to the address of
Party Time Rental during regular business hours in good condition
and repair, subject to reasonable wear and use and agrees to
compensate Party Time Rental for the amount of the contractually
stated rental rates for each day or week consumed while equipment
is in the process of recovery or repair.
9. In case of failure of the rental equipment for any
cause, the Renter, at their expense, shall return it to Party
Time Rental's premises. The Renter particularly understands
that without Party Time Rental's authorization, the Renter has
no authority to incur expense on Party Time Rental's account
for the repair of the rental equipment.
10. If the personal property is lost or stolen, the Renter
will pay Party Time Rental for the cost of replacement or repair
of the personal property which was lost or damaged.
11. The Renter promises to hold Party Time Rental harmless
and free from any and all liability of any and every nature
whatsoever, arising out of the use, maintenance, or return of
the equipment. The Renter shall indemnify and hold Party Time
Rental free from all damages to third persons of their property
caused by the Renter in possessing or operating the equipment,
including legal fees and costs incurred in defense of such claims.
In the event of an accident or collision involving any of the
equipment, the Renter agrees to furnish Party Time Rental with
a complete report or the incident, including all names and addresses
of all witnesses and parties involved, and a copy of any police
report, and further agrees that the equipment will be used by
the Renter and / or persons designated on the contract, and
no other person, without the consent of Party Time Rental.
12. If the Renter desires to extend their contract beyond
the date and time originally agreed upon, the Renter will immediately
notify Party Time Rental of this desire and obtain Party Time
Rental approval and terms for the extension.
13. If the renter by any reason of any breach of their
contract (i.e. termination of their contract, failure to pay
rental, insolvency of the renter, or any other reason it becomes
necessary for Party Time Rental to retake posession of the personal
property), Party Time Rental and it's agents shall be permitted
and they are authorized to go upon the renter's property and
retake the equipment without legal process. Party Time Rental
and it's agents may use all force necessary to retake the equipment
and the Renter expressly waives for themselves, agents, and
employees, all claims for damages and losses, physical and pecuniary,
caused by retaking by Party Time Rental. The Renter agrees to
pay all costs and expenses incurred by Party Time Rental in
retaking the equipment and in collection of sums due under their
contract. Should Party Time Rental employ legal counsel to assist
in the recovery of any sum due under their contract, the Renter
agrees to pay all costs, expenses, and attorney's fees incurred
by Party Time Rental.
14. Party Time Rental, at its own discretion, may revert
all charges to a daily rate if charges or invoices are not paid
on due dates.
15. The Renter agrees to pay interest at the rate of
18% per annum or at the highest rate permitted by law, whichever
is lesser, upon all delinquent accounts, and further agrees
to pay upon demand, all reasonable collection costs and attorney's
fees incurred in collections of the Renter's account, or in
enforcing any of the terms of their contract.
16. The failure of Party Time Rental at any one or more
times to insist upon strict performance by the Renter of the
terms and conditions of their contract shall not be construed
as a waiver of Party Time Rental's right to demand strict compliance.