About Renting
All Charges are for time out, whether used or not. Please make your selections carefully.
RESERVATIONS
We encourage you to reserve your party and banquet equipment needs well in advance, especially during the busy summer months. This will insure availability and allow ample time for your order to be packed and checked in time for delivery or your pick up. 25% deposit is required to reserve rental items.
PAYMENT
FULL PAYMENT for all rental merchandise, and any additional services, is due upon the receipt of your equipment. Two weeks prior to event, cancellation penalties will be assessed. Credit will only be extended to pre-approved accounts.
DELIVERY
Delivery is available at a minimal fee throughout the metro area and to most mountain locations. Delivery quotes are available upon request.
Delivery is available to the door at street level. If you need items moved to some distant location, there will be an additional charge
Special containers are provided for china, silver, glassware, etc. to insure that you receive your items sterilized, undamaged and “table ready.” Our delivery personnel are instructed to neatly stack all items in a mutually convenient place on delivery.
Our count of items must be accepted unless we are notified IMMEDIATELY. NO CREDIT will be given for unused equipment unless it is returned with our delivery people or by the customer PRIOR to start of your party.
PICK UP
All china, silver, utensils, etc. should be rinsed, food free and repacked in the same containers as delivered. A charge will be made for all boxes and crates NOT returned. All breakage, loss and cleaning charges are in addition to rental charges. Linen should be refuse free and dry to prevent staining and mildew. Tables and chairs must be knocked down and stacked ready for pick up. Wax must be removed from candelabras.
All items should be assembled in a single location as specified earlier, ready for pick up. Items not meeting these conditions are subject to additional fees.
If a weekend, holiday or after hours delivery or pick up is requested, a service charge will be added to your order.
SET UP—TAKE DOWN
Set up and take down service is available at a reasonable additional cost if arranged for in advance. If no arrangements are made and this service is desired on delivery, our drivers must call for authorization and pricing.
LOSS OR DAMAGE
Responsibility for equipment remains with the lessor from the time of delivery to time of return. Please be sure equipment is secure when not in use and protected form the weather. We do charge for missing, broken, burned or damaged items. China, glassware, etc. will be considered broken if returned chipped. We do not rent china or glassware that is chipped: once it is chipped we discard it. If you discover a chipped or broken item when you unpack your order, please notify us at once so that we can note it on your contract and not charge you for it.
Montana Party Time appreciates your patronage and we will do everything we can to ensure your event is a success. We pride ourselves on our quality, service and value.
PRICES SUBJECT TO CHANGE WITHOUT NOTICE
11.DAMAGE WAIVER. Damage Waiver in not insurance. By customer initializing acceptance of the Damage Waiver on the front of this agreement and with immediate notification in the event of any accident and the prompt submission by the customer of applicable police reports, rental center and customer agree that rental center will waive any claim against customer for direct physical damage of the items for any external cause, except as follow:
a.Damage waiver does not cover china, glassware or linen;
b.Any item of items or part thereof which is not returned for whatever reason, including theft;
c.Loss or damage resulting from overloading or exceeding rated capacity of the items;
d.Loss or damage to motors or other electrical appliances or devices caused by artificial current;
e.Loss due to mysterious disappearance, wrongful conversion by a person entrusted with the items or a shortage disclosed on inventory;
f.Loss or damage caused by infidelity of customer, its employees, or persons to whom the items are entrusted;
g.Customer is responsible for damage to china, glassware and linens such as breakage, cigarette burns, candle wax, tears, unusual stains, etc. upon return. In addition customer is responsible for the loss or damage resulting from misuse, abuse, failure to maintain cleanliness, or other normal servicing of items;
h.All damage resulting from overturning;
i.All damage or loss resulting from use of the items in violation of any provision of this agreement, violation of any law, ordinance or regulation of operation in an improper or negligent manner;
j.Damage from dirtying of items by paint, mud, plaster, concrete, resin, or any other material. Customer is responsible for cleaning and repainting, as required. If customer has insurance covering such loss or damage, customer shall exercise all rights available to him/her under said insurance, take all action necessary to process such claim and customer further agrees to sign and claim any and all proceeds from such insurance shall be payable to rental center. Customer to provide rental center with complete information concerning insurance coverage carried.
12.SUBLETTING/LOCATION OF RENTAL ITEMS. Customer agrees not to sublet, loan or assign the items. Customer shall not move the items from the address at which customer represented it was to be used.
13.DEFAULT. Should customer in any way fail to observe or comply with any provision of this agreement, rental center may, at his/her sole option exercise any and all of the following remedies:
a.Termination of this agreement.
b.Retake the items.
c.Declare any outstanding rent and charges due and payable and initiate legal process to recover the monies.
d.Pursue any of the remedies available to JIC (exercise of any available to rental center shall not constitute an election of remedies or a waiver of any additional remedies to which JIC may be entitled).
14. RETAKING OF RENTAL ITEMS. If for any reason it becomes necessary for rental center to retake the items, JIC may retake the items without further notice or further legal process.
15.ACCIDENTS, REPORTING AND INDEMNIFICATION. IN THE EVENT OF ANY ACCIDENT RESULTING IN PROPERTY DAMAGE OR BODILY INJURY ARISING FROM USE OF THE ITEMS WHILE IT IS IN CUSTOMER’S POSSESSION, CUSTOMER HEREBY EXPRESSLY AGREES TO ASSUME RESPONSIBILITY FOR HIM/HERSELF, HIS/HER OWN EMPLOYEES, AGENTS AND ASSIGNS NEGLIGENCE AND AGREES TO INDEMNIFY, DEFEND AND HOLD JIC HARMLESS FROM ANY CLAIM OR ACTION ARISING THEREFROM, INCLUDING ANY COSTS AND ATTORNEYS FEES INCURRED IN CONNECTION THEREWITH. CUSTOMER AGREES TO NOTIFY RENTAL CENTER IMMEDIATELY IN CASE OF ANY ACCIDENT AND TO OBTAIN THE NAMES, ADDRESSES, PHONE NUMBERS AND OTHER PERTINENT INFORMATION FROM ALL PARTIES INVOLVED AND ALL WITNESSES.
16.NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of JIC to insist upon strict performance by customer as regards any provision of this agreement shall not be interpreted as a waiver of rental center’s right to demand strict compliance with all other provisions of this agreement against customer or any other person. The provisions of this agreement shall be severable so that the unenforceability, invalidity or waiver of any provision shall not effect any other provision.
17.SERVICE CHARGE. Accounts are due and payable at the beginning of the rental period. A carrying charge equivalent to the maximum legal rate of interest will be charged on all overdue accounts. In addition, customer agrees to pay a service charge on all overdue accounts.
No personnel are furnished, directly or indirectly with our rental items.
Inconsideration of hiring of the rental items (herein “the rental items or items”) described on the front of this contract it is agreed as follows:
1.DEPOSIT. Customer acknowledges that one of the purposes and intent of the deposit is to secure and guarantee complete performance of customers obligations under the contract.
2.WARNING. The use of false or fictitious identification to obtain the items or the failure to return the items upon the expiration of this contract may be considered a theft, resulting in criminal prosecution.
3.POSSESSION/TITLE. Customers right to possession of the equipment terminates on the return date indicated on the front of this contract. Retention of Possession after this date constitutes a material breach of this agreement. Time is the essence of this agreement. Any extension of this agreement must be agreed upon in writing. Title to the items is and shall remain in Johnston Industrial Corporation herein referred to as JIC.
4.RECEIPT/INSPECTION OF RENTAL ITEMS. Customer hires the items on an “as is” basis. Customer acknowledges that he/she has personally inspected the items prior to its leaving rental center (regardless of point of delivery) and finds it suitable for his/her needs. Customer acknowledges receipt of all items listed in this agreement in good working order and repair and that he/she understands its proper operation and use without further instructions regarding operation and use from rental center.
5.HOLD HARMLESS. Customer agrees to assume the risk of and hold JIC harmless for property damage and personal injuries caused by the items and/or arising out of JIC negligence. Customer shall indemnify, defend and hold JIC harmless from any claims of third party for loss, injury and damage to their persons and/or property arising out of customers possession, use, maintenance or return of items, including legal cost incurred in defense of same.
6.RENTAL PERIOD/RATE/PAYMENT. Rental period is for a maximum of twenty-four (24) hours unless a longer term is specified in the “return date.” Rental charges begin immediately upon delivery of the items to the location directed by the customer or upon items leaving JIC whichever happens first. Rental charges end upon return of the items to rental center in an acceptable condition. If the items are returned prior to the end of the minimum rental period, the rental due shall be for the entire minimum rental period. JIC may terminate rental at any time and retake the items without further notice in case of violation by customer of any terms and conditions of this agreement. Customer agrees to pay any collection costs and attorneys fees incurred in collection of this account or any dispute arising under this agreement.
7.ORDINARY WEAR AND TEAR. “Ordinary wear and tear” shall mean only the normal deterioration of the items caused by ordinary, reasonable and proper use of the items. Customer shall be responsible for all damage not caused from ordinary wear and tear.
8.COMPLIANCE WITH LAWS/USE OF RENTAL ITEMS. Customer agrees not to use or allow anyone to use the items for any illegal purpose or in any illegal manner. Customer acknowledges that JIC has no physical control over use of the items. Customer agrees at his/her sole cost and expense to comply with all municipal, county, state, and federal laws, ordinances and regulations (including O.S.H.A.) which may apply to the use of the items during the rental period. Customer further agrees to pay all licenses, fees, permits, or taxes arising from his/her use of the items, including any subsequently determined to be due as a result of an audit.
Customer shall not allow any person who is not qualified to operate the items or use the items. Customer shall not allow any person to use or operate the items when it is in need of repair or when it is in an unsafe condition or situation; modify, misuse, harm or abuse the items: permit any repairs to the items without rental center’s written permission; or, allow a lien to be placed upon the item.
Customer agrees to clean and visually inspect the items at least daily and to discontinue use and immediately notify JIC when items are found to need repair or maintenance. Customer acknowledges that the rental center has no responsibility to inspect the items while in customer’s possession. If the items become unsafe or require repair, customer shall discontinue using it and notify rental center immediately.
9.RETURN OF EQUIPMENT. Customer agrees to return the equipment to JIC during regular business hours upon “return date” in as good condition as when received, ordinary wear and tear accepted.
10.DISCLAIMER OF WARRANTIES. JIC makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation that the items are fit for customer’s particular intended use, or that it is free of latent defects. JIC shall not be responsible to customer or any third party for any loss, damage or injury caused by, resulting from, or in any way attributable to the operation of, or any failure of the items. JIC shall not be responsible for any defect or failure unknown to JIC. Customers sole remedy for any failure of or defect in the items shall be termination of the rental charges at the time of failure provided that the customer notifies rental center immediately of such failure and returns the items to JIC within twenty-four (24) hours of such failure.
