RENTAL AGREEMENT- TERMS AND CONDITIONS OF RENTAL
This Rental Agreement (“Agreement”) by and between Rent Rite SuperKegs, West, ltd., a Colorado Company, dba Wright Group Event Services(“WGES”) and the person or entity identified by signature or agent’s signature on the reverse side of this Agreement (“Renter”), for the rental of the Personal Property (“Property”) owned by WGES, described on the reverse side of this Agreement, is subject to all terms and conditions set forth herein, and Renter, in consideration thereof, hereby acknowledges and agrees as follows.
1. RENTAL AND TERM: Renters right to use the Property begins on the date and time specified as “Date Out” on the reverse side of this Agreement and terminates on the date and time specified as “Date In” on the reverse side of this Agreement unless amended in writing by WGES. Rental charges listed on the reverse side of this Agreement are due in advance and commence upon delivery of Property to Renter and end upon return of Property to WGES premises and include all charges and costs for the use thereof. Renter agrees that time is of the essence in this Agreement and therefore Renter shall be charged for the time the Property is in Renters possession and not the amount of time the Property may be in actual use by Renter.
2. CONDITIONS OF HIRING, INSPECTION PRIVILEGE AND WAIVER OF DEFECTS: Renter accepts and hires the Property on an “as is” basis. Renter acknowledges receipt of all of the Property in good working condition and repair and declares that Renter fully understands its proper operation and use. Renter acknowledges and declares that Renter has examined any and all Property listed on the reverse side of this Agreement and Renter declares that they have received all such Property in a secure and operative condition. Renter is responsible for loading and unloading of all goods. If the WGES employees assist in loading or unloading the goods, the Renter agrees to assume the risk of, and hold WGES harmless for, any property damage or personal injuries, including damage or injuries attributable to the negligence of WGES or its employees. Renter agrees to return the Property to WGES possession upon the expiration and Date In hereof, in as good condition as when received by Renter, ordinary wear and tear expected. “Ordinary wear and tear” shall mean only the normal deterioration of the Property caused by ordinary and reasonable use on a one shift (eight hours per day, five days per week) basis.
3. PROPERTY BECOMES UNSAFE OR IN DISREPAIR: Renter will immediately discontinue use of the Property should if at anytime, following the execution of this agreement or any subsequent agreement, the Property becomes unsafe or in a state of disrepair. Furthermore, the Renter will immediately notify WGES that the Property is unsafe or in disrepair and until such time as WGES has regained possession the Renter agrees to take all steps reasonably necessary to prevent injuries to any person and all property as a result of the Property.
4. COMPLIANCE WITH LAWS: Renter acknowledges that WGES has no control over the use of the Property by the Renter, and Renter agrees at his sole expense to comply with all municipal, county, state and federal laws, ordinances and regulations including the Occupational Safety and Health Administration act of 1970 (OSHA) which may affect the Property while it is in the possession of and use by the Renter. Renter shall not permit usage of the Property by any person who is not legally qualified to use the Property.
5. PERMITTED AREA OF USE OF PROPERTY: Without the written consent of WGES, Renter shall not remove the Property from the location to/in which it is rented, listed on the reverse side of this Agreement.
6. RENTERS LIABILITY FOR MISUSE OF PROPERTY: Renter agrees that the Property will be used solely for those purposes and in the manner for which the Property is manufactured and intended. Renter shall not abuse harm or misuse the Property. Renter shall not permit any repairs to be made or any liens to be placed upon the Property without the written consent of WGES. In the event of any accident or casualty resulting in bodily injury or property damages arising out of Renters use and hiring of said Property, Renter agrees to accept all responsibility of all persons involved and all witnesses. In case of the loss or destruction of any part of the Property or of loss of possession thereof or inability to return same to WGES on the expiration and/or Date In, for any reason whatsoever, Renter shall pay WGES the actual replacement cost thereof in addition to WGES loss of said Property, including all rental charges accrued until Property is returned, replaced or Agreement is finalized and paid in full. Renter agrees that in the event of any loss, destruction, accident or casualty while the Property is in the possession of the Renter, renter will file a police report and furnish WGES with a copy of said report.
7. DISCLAIMER OF WARRANTIES: WGES is neither the manufacturer of the Property nor the agent of the `manufacturer. WGES makes no warranties, expressed or implied as to the Property’s merchantability or fitness for any particular purpose. Renters sole remedy for any failure or defect in the Property shall be in the termination of the rental charges at the time of failure, provided the Property is returned to WGES within 24 hours after such failure. WGES shall not be responsible for any loss, damage, or injury to Renter or Renters property, including incidental, special or consequential damages, in any way connected with the operation use, defect in or failure of the Property.
8. USE OF DEPOSIT AND LIABILITY FOR LATE PAYMENT UPON BREACH BY RENTER: Renter acknowledges that the purpose and intent of any deposit paid by Renter hereunder is to secure the payment of rental charges hereunder and to guarantee the full and complete performance of each of all the terms, covenants and agreements to be performed by Renter hereunder. Renter agrees to pay a late payment penalty at the rate of two (2%) percent per month on all delinquent accounts.
9. INDEMNIFICATION OF WGES BY RENTER: Renter expressly indemnifies and holds WGES, its officers, directors, employees and agents harmless of, from and against any and all liability, claims, loss costs, damages, attorney’s fees and/or liability in connection with the hiring and use of the Property. Renter further agrees to indemnify and hold WGES, its officers, directors, employees and agents harmless of, from and against any and all damages to third persons or their property resulting from Renters possession, use or operation of the Property.
10. THEFT WARNING: Failure to return Property on the expiration and due date in certain circumstances will be considered a theft, resulting in criminal prosecution. In this instance Renter shall be in violation of the following THEFT OF RENTAL PROPERTY Statutes, CRS 18-4-402. In the event a suit is instituted by WGES to recover possession of said Property, or to enforce any of the terms, conditions or provisions hereof. Renter agrees to pay all costs and reasonable attorney’s fees of WGES incurred in connection therewith.
12. AUTHORIZATION TO RECOVER PROPERTY: Renter agrees that if Renter breaches this Agreement, fails to pay required charges, becomes insolvent, or for any other reason makes it necessary for WGES to repossess its Property, WGES shall be authorized to enter Renters property And/or the location where the Property is located and repossess the Property without any legal process. Renter agrees that WGES may use all means necessary to repossess its Property and Renter expressly waives its rights for any and all claims arising out of WGES repossession of Property. Renter also agrees to pay any and all costs associated with WGES repossession of Property.
11. TAXES: Renter agrees to pay any and all taxes, including but not limited to sales and usage taxes as well as any and all license fees, or permit fees arising out of the hiring and use of the Property. Renter agrees to pay said taxes whether said taxes appear as part of the fact of this Agreement or whether said taxes are later claimed by the governmental authority. In the event of a claim by any governmental authority for taxes arising out of this transaction, Renter agrees to pay to WGES said taxes upon demand.
12. TITLE: Title to the Property is and shall remain in WGES name. If the Property is levied upon for any reason whatsoever, WGES may retake the Property without notice or legal process and may take all action reasonably necessary to do so.
13. NO WAIVER: Renter agrees that the WGES failure on any occasion to insist upon Renters strict compliance, performance or adherence to the terms and conditions of this Agreement shall not be construed as a waiver of WGES right to demand strict compliance, performance or adherence to the terms and conditions of this Agreement at any other time.
14. CONSTRUCTION: The paragraph headings used herein are for convenience only and are not to be used in construing the meaning or intent of any of the terms or provisions of this Rental Agreement.
15. JURISDICTION: Renter agrees that this Agreement and all matters and issues collateral hereto shall be construed according to the laws of the State of Colorado. Renter agrees that the District Court of the City and County of Denver, Colorado shall have exclusive jurisdiction, including in personam jurisdiction, and shall be the exclusive venue for any and all controversies and claims arising out of or relating to this Agreement.
16. DELIVERY/PICK-UP: Renter agrees that Delivery and Pick-up shall be at the point where the back end of the WGES vehicle is located. Renter further agrees that the Delivery and Pick-up shall made to the closest point the WGES vehicle can safely access and that Renter will incur any and all liability for the WGES vehicle while on the site that is either owned or secured by the Renter for Delivery And/or Pick-up. Extra Charges will be incurred for deliveries to any other location including but not limited to locations beyond the back end of the WGES vehicle is located, other floors, locations that require elevator usage or any other location where additional time is required.
17. WEATHER RELATED RISK: Renter assumes any and all risks associated with holding an outdoor event. If Renters event site should become unusable due to weather related factors Renter shall remain liable to WGES for payment of all fees associated with this Agreement
18. PREPARATION OF SITE: Renter agrees to have the site upon which the Property is to be delivered free and clear from all obstacles, natural And/or man-made, prior to the delivery of the Property by WGES. Renter agrees to furnish WGES access to and the right to use right of ways as well as electrical and water lines as needed for the delivery And/or installation of any Property listed on the reverse side of this Agreement. Renter agrees to have all underground facilities in the vicinity clearly marked prior to Delivery and further agrees to hold WGES harmless of, from and against any and all liability, claims, loss costs, damages, attorney’s fees and/or liability in connection with any damage incurred to any underground facilities while WGES is on the Renters site.
19. DAMAGE WAIVER: An Insurance Damage Waiver is automatically included as a part of the Agreement and agreed to by Renter unless previously rejected by the Renter And/or supplying WGES with a separate written agreement, also known as a Certificate of Additional Insured, naming WGES, LLC. as “Additional Insured and Loss Payee” for an minimum aggregate amount of two million dollars. Renter agrees to pay an additional charge specified as IDW on the reverse side of this Agreement on specific items as may be noted. Renter shall have no responsibility for physical damage to the Equipment EXCEPT the following for which Renter shall be responsible.
A. The first $250,000 of loss or damage from any cause other than those losses or damages set forth in paragraphs B, C, D, E, F, G, H and I below for which Renter shall be fully responsible and liable, with respect to each individual item of responsibility.
B. Loss or damage resulting from overloading or exceeding the rated capacity of Property.
C. Loss or damage to motors or other electrical appliances or devices caused by artificial electrical current.
D. Damage to Property due to use or causes other than those inherent in the normal use of the Property.
E. Loss or damage resulting from lack of lubrication or other normal services of Property.
F. Loss or damage due to theft, mysterious disappearance, or shortage on inventory.
G. Loss or damage caused by misuse of Property by Renter, his employees, or persons to whom the Property is entrusted.
H. Loss or damage caused due to negligence on the part of the Renter, his employees and all persons handling Property on behalf of the Renter. I. Use of the Property in violation of any of the terms of this agreement.
J. Renter further agrees that WGES shall be subrogated for any recovery rights that Renter may have for damage to the Property rented hereunder, in the form of insurance protection for such damage.
If Renter has insurance covering such loss or damage, Renter shall exercise all rights available to him under said insurance, take all action necessary to process said claim and Renter further agrees to assign such claim and pay any and all proceeds from such insurance to WGES. Upon request from WGES, Renter shall furnish name of his insurance agent, insurance WGES and complete information concerning insurance coverage carried. WGES waiver to claims against Renter as herein set forth is contingent upon Renters prompt making of and submission to WGES of a copy of the police report.
45 Days before the Event gets canceled or changed, Client will get a Refund on Deposit Money paid, but is also Dependant on the amount of planning or special booking considerations
30-45 Days before the Event, Client will get 50% Refund on any money that are paid
14-30 Days before the Event, Client will get 25% Refund on any money that are paid
0-14 Days before the Event, NO REFUNDS ARE DUE
21. CHANGES / RE-STOCKING:
45 Days before the Event, Client can make any changes, at no charge
30-45 Days before the Event, Client will be charged 25% re-stocking/change fee for the items that are changed/deleted
14-30 Days before the Event, Client will be charged 50% re-stocking/change fee for the items that are changed/deleted
0-14 Days before the Event, Client will be charged 75% re-stocking/change fee for the items that are changed/deleted
TERMS AND CONDITIONS OF SALE
(APPLIES TO ITEMS SOLD, NOT RENTED)
In consideration of the purchase of the Property described by the undersigned (Hereinafter referred to as the “Buyer”) from WGES named on reverse side (Hereinafter referred to as the “WGES”), upon the terms and conditions, and for the price herein specified, it is agreed as follows:
The Buyer acknowledges that the product(s) described on the reverse side hereof which is the subject of this sale is a “USED PRODUCT” and is being sold on as “as is” and “with all faults” basis. WGES as the seller makes NO expressed warranties of MERCHANTABILITY FOR A PARTICULAR PURPOSE and WGES does NOT make any implied warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE or any other warranties unless WGES has so proved in writing and the writing is signed by an AUTHORIZED REPRESENTATIVE of WGES. I, the Buyer hereby acknowledge that I have read all of the above terms and conditions of sale and that I understand that this is an “as is” sale of used goods.
Buyer acknowledges that the ONLY warranties provided with this product(s) are those provided by the manufacturer and that WGES makes NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, either expressed or implied.
I have read and understand all of the terms and conditions written not only on this side, but the reverse side of this Agreement and agree to abide by these terms and conditions.