For the purpose of this Rental Contract:
- Event Rentals Salmon Arm (ERSA) shall mean the Rental Company (Ritwell Enterprises), its owners, officers, directors, and employees;
- Customer(s) shall mean Customers, guests/visitors of customer, and their agents, contractors and/or employees.
- Rental Agreement shall mean the itemized list of items contained in the electronic estimate or invoice emailed or faxed to the Customer, who by virtue of having signed the estimate or invoice, and/or paid an advance deposit or in full, expresses his or her agreement with the contents of the Estimate or Invoice.
- Rental Center shall mean Event Rentals Salmon Arm showroom or warehouse, or any other facility owned or leased by Event Rentals Salmon arm where the storage, maintenance or transfer of its equipment occurs.
In reference to leasing the rental item(s) / equipment described on the Rental Agreement, it is agreed as follows:
1. INDEMNITY/HOLD HARMLESS.
Customer will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage.
Customer agrees to hold Event Rentals Salmon Arm harmless from and against any and all liability, claims, judgments, attorneys’ fees and costs of every kind and nature, including, but not limited to, injuries or death to persons and damage of property, arising out of the use, maintenance– installation, operation, possession, ownership, or rental of the items rented, despite cause.
2. ASSUMPTION OF RISK/RELEASE DISCHARGE OF LIABILITY.
Customer is fully aware of and acknowledges that there is a risk of injury, death, or damage arising out of the use or operation of the items contained in the Rental Agreement and hereby elects to voluntarily enter into this Agreement and assume all of the aforementioned risks.
Customer agrees to release and discharge Event Rentals Salmon Arm from any and all responsibility or liability from such injury, death, or damage arising out of the use or operation of the rental items. Customer further agrees to waive, release and discharge any and all claims for injury, death, or damage against Event Rentals Salmon Arm, which customer otherwise may be entitled to assert.
3. POSSESSION/ TITLE.
ERK agrees to reserve all items listed in the Rental Agreement on behalf of the Customer only after the following have been received from the customer.
- A non-refundable deposit equal to 50% of the total cost specified in the Rental Agreement (or a lesser amount determined at the sole discretion of ERSA)
- A signed & dated copy of these Terms and Conditions
The remaining balance of the rental agreement must be paid 3 months prior to delivery/pickup, unless otherwise specified by ERSA. If this obligation is not met, ERSA reserves the right to either cancel the order without refunding the initial 50% deposit, or apply late payment charges equal to the highest APR allowed by British Columbia law.
Customer’s right to possession of the rental items:
- Is for a 3-day period. Equipment returned after normal business hours on the third day will be charged for an additional 1-day rental period. Any penalties will be charged to the Customer’s form of payment on file with ERSA.
- Begins when the rental items leave the rental center in the care of the customer, or upon delivery.
- The rental agreement terminates once ERSA has regained possession of the rental equipment.
- Any extension of the agreement must be agreed upon by ERSA in writing.
- Title of the rental items shall, at all times, remain with ERSA.
- Customer authorizes ERSA to retake possession of the rental items without notice or legal process at any time, despite whether the equipment is on private property.
4. LEGAL FEES.
Customer will pay all collection fees, attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract. Any law suits that may occur between ERSA and their customers must be filed in Salmon Arm, BC, and any litigation will be held in a Salmon Arm, BC Court.
The Rental Agreement may be executed or delivered by fax, or other electronic means such as email. The Rental Agreement is valid whether properly signed by the Customer or not, so long as the Customer takes possession of the rental items. It is also valid if signed by another party signing on behalf of the Customer, in which case the signing party will sign their own name, and then print C/O (Care Of) “Ordering Party.”
6. UNSAFE CONDITIONS.
Event Rentals Salmon Arm reserves the right to refuse to install or deliver rental equipment due to unsafe conditions or weather. If this occurs, Customer will be liable for a minimum of 50% of the total cost specified in the Rental Agreement. In the absence of unsafe weather or other conditions, Event Rentals Salmon Arm will use all appropriate means and methods to secure the rental equipment for the safety of the Customer and the equipment.
All customers will provide a 50% NONREFUNDABLE DEPOSIT in order for ERSA to reserve their order.
- COVID-19 Special Amendment:
- If a customer’s event can not legally take place as a result of COVID-19, it can be rescheduled with no penalty or fine. ERSA can not guarantee availability of customers’ preferred rescheduling dates as priority will be given on a first come, first served basis.
- Order reductions up to 20% of the original invoice amount (pre-tax) must be made a minimum of 14 days prior to your event to avoid penalty.
- Order reductions greater than 20% of the original invoice amount (pre-tax) and/or any reductions made within 14 days of your event are subject to a penalty of 50% of the total rental rate of the cancelled item(s) plus taxes. Any items cancelled within 1 week of the event will be charged at full rental rates plus taxes.
- Customers who cancel their orders at any time after a deposit is provided WILL LOSE THEIR DEPOSIT regardless of their circumstances or reasons for cancellation.
8. CUSTOMER PICK UP AND RETURN.
- ERSA will reserve will call/pickup orders only if a rental agreement and this document have been signed. If the customer fails to pick up their will call order on the specified date, then ERSA may re-rent the equipment; or if the equipment goes unrented, then ERSA MAY STILL COLLECT A MINIMUM OF 50% FROM THE CUSTOMER.
- Responsibility for customer-pickup rental items remains with the customer from time the items leave the Rental Center until the time they are returned.
- The Customer is responsible for loading, unloading, and securing items within his or her vehicle as well as for any damage that they may suffer during those operations.
- ERSA will assist the customer in loading, but ERSA will not be held liable for traffic accidents or damages to vehicles or rental equipment in transit due to improper loading.
- Items returned after the return date specified in the Rental Agreement will incur additional fees to be determined by ERSA.
9. DELIVERY CHARGES.
- Customers must be present for their entire delivery window. ERSA will grant a 15 minute waiting period, after which the customer will be charged for waiting time up to $120.00 per hour billed in 5 minute increments.
- ERSA offers Curbside delivery only and will not assist in setup/takedown of rental items.
- “Curbside delivery,” is defined as:
- Delivery to a ground level location on a flat, hard surface, within twenty five (25) feet of the nearest loading area with no steps or obstructions.
- ERSA will stack items neatly and securely with reasonable access for the Customer;
- All equipment must be re-stacked and made ready for pick up by the Customer in same manner in which it was delivered;
- There will be a minimum two-hour window for both delivery and pickup (unless otherwise arranged in writing with ERSA).
ERSA may assess additional charges at a rate of up to $120 per hour when delivery conditions cause ERSA to incur additional labor costs, including, but not limited to:
- deliveries impeded by stairs, elevators, steep or uneven surfaces, standing water, mud, or soft surfaces like sand loose gravel;
- deliveries that involve waiting times of more than 15 minutes;
- customer requires a precise (to within 15 minutes) delivery or pickup time;
- last-minute or rush deliveries or pickups; and/or
- Inaccurate delivery locations or directions supplied by the Customer.
10. EQUIPMENT USAGE AND RETURN.
All china and flatware must be rinsed reasonably free of any food debris. Failure to do so will result in ERSA charging an additional $0.25 cents per piece. Additionally, Customer is responsible for any loss or damage to rental items regardless of cause or fault, including acts of God, and ERSA has 72 hours after retaking or receiving possession of rented merchandise to assess its condition and determine whether damage occurred while it was in the possession of the renter.
In such instances, unless the items in question are covered by a damage waiver, the Customer agrees to pay ERSA for:
- All labor costs associated with repair and/or attempted repair of damaged equipment
- Replacement equipment (if necessary)
- Replacement of equipment directly related to the normal quality and functionality of the damaged equipment
- All shipping or delivery fees associated with the replacement or repair of damaged equipment.
- Broken items must be returned in their broken state or they will be considered stolen.
- Replacement costs due to negligence will be charged to the Customer. This includes:
- Water damage
- Intentional damage
- Damage arising from reckless or grossly negligent use of the equipment
- Damage caused by abnormal or abusive use of the equipment
ERSA may offer discounts at its sole discretion. Any violation by the customer of ERSA’s rental contract or Terms and Conditions, including violation of payment terms, will make such discounts null and void.
12. LOCAL RULES AND REGULATIONS.
Any and all rules and regulations governing an event site must be provided in writing to ERSA prior to the delivery of rental equipment. All fines incurred as a result of non-disclosure of such regulations are the responsibility of the customer.
Customer Name (print): ________________________________________________________________