TERMS AND CONDITIONS OF
RENTAL AGREEMENT
EVENT KITCHENS LLC HEREBY RENTS
TO THE CUSTOMER IDENTIFIED ON THE REVERSE SIDE HEREOF AND THE CUSTOMER ACCEPTS THE
PERSONAL PROPERTY DESCRIBED ON THE REVERSE SIDE HEREOF SUBJECT TO THE TERMS AND
CONDITIONS HEREINAFTER SETFORTH:
1. RENTAL AND CHARGES.
THE CUSTOMER AGREES TO PAY THE RENTAL RATE SPECIFIED HEREIN FOR EACH ITEM
RENTED HEREUNDER FOR EACH TIME PERIOD OR FRACTION THEREOF, WHICH SUCH ITEM IS
CHARGED TO THE POSSESSION OF THE CUSTOMER. THE CUSTOMER SHALL BE CHARGED WITH
POSSESSION OF THE ITEM(S) RENTED FROM THE TIME THE CUSTOMER ACQUIRES POSSESSION
OF SUCH ITEM(S) AS INDICATED AFTER THE HEADING “DATE IN AND TIME DUE IN” ON THE
REVERSE SIDE HEREOF. WEEKLY OR MONTHLY RATES SHALL APPLY FIRST WHEN THE RENTED
PROPERTY IS RENTED ON A WEEKLY OR MONTHLY BASIS AND SUCH A RATE IS QUOTED ON
THE REVERSE SIDE HEREOF AT THE TIME THE PROPERTY IS ORIGINALLY RENTED. THE
CUSTOMER AGREES TO PAY ANY AND ALL RENTAL CHARGES IN ADVANCE OR IMMEDIATELY
UPON THE RETURN OF THE RENTED PROPERTY TO EVENT KITCHENS LLC. AT THE LATTER’S SOLE DISCRETION
AND FURTHER AGREES THAT ANY DEPOSIT MADE IN CONNECTION WITH THIS AGREEMENT MAY
BE CREDITED AGAINST ANY RENTAL OR OTHER CHARGES INCURRED BY THE CUSTOMER
HEREIN. THE CUSTOMER FURTHER AGREES TO PAY ANY AND ALL
ADDITIONAL CHARGES FOR TRANSPORTATION, IF APPLICABLE OF THE
RENTED PROPERTY TO THE CUSTOMER’S POSSESSION, AND A REASONABLE RATE FOR CLEANING
THE RENTED PROPERTY, ALL AT THE SOLE DISCRETION OF EVENT KITCHENS LLC.
2. RETURN OF PROPERTY
AND LATE CHARGES.
THE CUSTOMER AGREES TO RETURN THE ITEM(S) RENTED TO EVENT KITCHENS LLC ON OR
BEFORE INDICATED AFTER THE HEADING “DATE AND TIME DUE IN” ON THE REVERSE SIDE
HEREOF. THE CUSTOMER FURTHER AGREES THAT, IN THE EVENT ITEM(S) RENTED OR NOT RETURNED
TO EVENT KITCHENS LLC. ON OR BEFORE SUCH DATE AND
TIME, EVENT KITCHENS LLC . MAY CHARGE ADDITIONAL
LATE CHARGES IN AN AMOUNT AT LEAST EQUAL TO THE RENTAL CHARGES SPECIFIED IN THE
AGREEMENT FOR THE PERIOD(S) OF TIME SUCH ITEM(S) ARE NOT RETURNED TO EVENT KITCHENS LLC.
3. INSPECTION BY
CUSTOMER; DAMAGE, LOSS OR THEFT.
THE CUSTOMER ACKNOWLEDGES THAT HE OR SHE HAS INSPECTED THE ITEM(S) RENTED AND
HAS FOUND THE SAME TO BE CLEAN AND IN SERVICEABLE AND SAFE OPERATING CONDITION.
THE CUSTOMER AGREES TO RETURN THE ITEM(S) RENTED TO EVENT KITCHENS IN THE SAME CONDITION, ORDINARY WEAR AND
TEAR FROM A USE
PERMITTED UNDER THIS AGREEMENT EXPECTED, IN ACCORDANCE WITH THE
TERMS OF THIS AGREEMENT. THE CUSTOMER FURTHER AGREES THAT, IN THE EVENT THE
ITEM
RENTED, AND/OR ANY OF THEM IF MORE THAN ONE, BECOMES DAMAGED OR
IS OTHERWISE RENDERED UNSERVICEABLE OR UNSAFE, THE CUSTOMER SHALL IMMEDIATELY
DISCONTINUE USE OF SUCH ITEM(S) AND NOTIFY EVENT KITCHENS LLC . THE CUSTOMER FURTHER AGREES THAT, IN THE
EVENT OF SUCH DAMAGE, OR IN THE
EVENT OF THE LOSS OF SUCH ITEM(S) BY THEFT OR OTHERWISE, THE CUSTOMER SHALL PAY TO EVENT KITCHENS LLC. THE REASONABLE COST OF CLEANING, REPAIR AND/OR REPLACEMENT OF THE DAMAGED OR LOST ITEM(S) WHICH PAYMENT SHALL BE IN ADDITION TO THE RENTAL PAYMENT HEREIN ABOVE SPECIFIED.
4. INTENDED OR
PROHIBITED USE.
THE CUSTOMER AGREES TO USE THE ITEM(S) RENTED ONLY FOR THE PURPOSE(S) AND AT
THE LOCATION(S) INDICATED AFTER THE HEADING “INTENDED USE” AND “JOB
NUMBER/LOCATION” ON THE REVERSE SIDE HEREOF. THE CUSTOMER ACKNOWLEDGES EITHER
(A) THAT EITHER HE OR SHE IS FAMILIAR WITH THE USE AND OPERATION OF THE ITEM(S)
RENTED AND NEITHER NEEDS NOR DESIRES INSTRUCTIONS IN SUCH USE AND OPERATION; OR
(B) THAT HE OR SHE HAS REQUESTED AND RECEIVED SUCH INSTRUCTION PRIOR TO
ACQUIRING THE ITEM(S) FROM EVENT KITCHENS LLC.
THE CUSTOMER FURTHER AGREES NOT TO USE THE ITEM(S) RENTED FOR ANY USE(S) OR AT
ANY LOCATION(S) OTHER THAN THOSE SPECIFIED ON THE REVERSE SIDE HEREOF; TO USE
AND OPERATE SUCH ITEM(S) IN ACCORDANCE WITH ANY WRITTEN OR OTHER INSTRUCTIONS
GIVEN THEREFORE; AND NOT TO MISUSE, ABUSE OR OTHER TAMPER WITH THE ITEM(S)
RENTED; AND NOT TO PERMIT
SUCH ITEM(S) TO BE USED OR OPERATED BY ANY PERSON OTHER THAN THE
CUSTOMER OR IT’S EMPLOYEES. IN THE EVENT THE CUSTOMER PERMITS ANY OTHER PERSON,
INCLUDING IT’S EMPLOYEES, TO USE THE ITEM(S) RENTED THE CUSTOMER SHALL FIRST
INSTRUCT SUCH PERSON IN THE SAFE AND PROPER OPERATION THEREOF AND SHALL BE SOLELY
RESPONSIBLE FOR SUCH USE AND OPERATION IN ACCORDANCE WITH THE TERMS AND
CONDITIONS HEREOF. EXCLUSION OF WARRANTIES. THE CUSTOMER ACKNOWLEDGES THAT EVENT KITCHENS LLC. MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE CONDITION OR OPERATION OF ANY OF THE ITEM(S)
RENTED. EVENT KITCHENS LLC . MAKES NO WARRANTY OF
THE MERCHANT-ABILITY OR THE FITNESS OF ANY ITEM RENTED OR SOLD UNDER THIS
AGREEMENT FOR ANY PURPOSE, INCLUDING WITHOUT LIMITATION, THE USE INTENDED BY
THE CUSTOMER.
6. USE AT OWN RISK;
HOLD HARMLESS AGREEMENT.
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE USE OF ANY ITEM(S) OR SOLD HERE-UNDER SHALL BE ENTIRELY AT THE CUSTOMER’S OWN RISK AND THAT THE CUSTOMER
WILL INDEMNIFY AND SAVE EVENT KITCHENS LLC , IT’S
MANAGERS, MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM AND OF ANY
AND ALL LIABILITY, LOSS PAYMENT OR EXPENSE OF ANY NATURE: (1) FOR INJURY OR
DEATH TO ANY PERSON(S); AND/OR (2) FOR DAMAGE TO ANY PROPERTY, INCLUDING THE
PROPERTY RENTED OR SOLD HERE-UNDER OCCURRING WHILE THE RENTED OR SOLD PROPERTY
IS IN THE POSSESSION, CUSTODY OR CONTROL OF THE CUSTOMER, IT’S AGENTS,
EMPLOYEES OR PERMITTEE PROVIDED, HOWEVER, THE CUSTOMER SHALL NOT BE LIABLE FOR
PERSONAL INJURY OR DEATH, PROPERTY DAMAGE OR OTHER LOSS DIRECTLY CAUSED BY THE
NEGLIGENCE OR WRONGFUL CONDUCT OF EVENT
KITCHENS LLC. IT’S MANAGERS, MEMBERS, AGENTS OR EMPLOYEES. THE CUSTOMER SHALL
IMMEDIATELY NOTIFY EVENT KITCHENS LLC . OF ANY
INJURY, DEATH, DAMAGE OR OTHER LOSS OCCURRING WHILE THE RENTED OR SOLD PROPERTY
IS IN THE POSSESSION OR CONTROL OF THE CUSTOMER, IT’S AGENTS, EMPLOYEES OR PERMITTEE.
7. NON RETURN OF
RENTED PROPERTY.
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT IF THE ITEM(S) RENTED ARE NOT
RETURNED TO EVENT KITCHENS LLC ON OR BEFORE THE DATE
AND TIME SUCH ITEM(S) ARE DUE IN, EVENT
KITCHENS LLC MAY RETAKE POSSESSION OF SUCH ITEM(S) EITHER WITH OR WITHOUT
JUDICIAL PROCESS, AND MAY REQUIRE THE CUSTOMER TO ASSEMBLE THE ITEM(S) AND MAKE
THE SAME AVAILABLE TO EVENT KITCHENS LLC AT A
PLACE DESIGNATED BY IT, WHICH IS REASONABLY CONVENIENT TO BOTH EVENT KITCHENS LLC AND THE CUSTOMER. THE CUSTOMER HEREBY VOLUNTARILY,
INTELLIGENTLY AND KNOWINGLY WAIVES HIS OR HER RIGHT TO ANY PRE-SEIZURE HEARING
AND ACKNOWLEDGES AND AGREES THAT, IN THE EVENT THE ITEM(S) RENTED ARE NOT
RETURNED TO OR RECOVERED BY EVENT KITCHENS LLC WITHIN THREE DAYS OF THE DATE DUE IN, EVENT KITCHENS LLC MAY, AT IT’S DISCRETION, REPORT SUCH ITEM(S) AS STOLEN, IDENTIFYING
THE CUSTOMER AS THE PROBABLE THIEF AND OR PARTY IN POSSESSION THEREOF.
8. COSTS OF
REPOSSESSION AND COLLECTION: ATTORNEYS FEES.
IN THE EVENT OF THE CUSTOMERS DEFAULT IN ANY OF THE TERMS AND CONDITIONS
HEREOF, EVENT KITCHENS LLC IS AUTHORIZED TO TAKE SUCH ACTION AS IT DEEMS WARRANTED TO REPOSSESS
THE ITEM(S) RENTED AND TO COLLECT ANY AMOUNT DUE FROM THE CUSTOMER IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND APPLICABLE LAW.
SHOULD EVENT KITCHENS LLC PLACE THIS AGREEMENT
IN THE HANDS OF AN ATTORNEY FOR REPOSSESSION AND/OR COLLECTION, EVENT KITCHENS LLC SHALL BE ENTITLED TO RECOVER FROM THE CUSTOMER
ALL OF ITS COSTS INCIDENTAL THERETO, INCLUDING A REASONABLE ATTORNEYS FEE. OVERDUE ACCOUNTS SHALL
ACCRUE FINANCE CHARGES AT THE RATE OF ONE AND ONE-HALF PER CENT (1 ½%) PER
MONTH UP TO EIGHTEEN PER CENT (18%) ANNUAL PERCENTAGE RATE.
SIGNATURE: ______________________________ DATE: __________________________________
