The Event Rental Co.
As of June 6, 2019
The Event Rental Co. (“ERC”) and renting and/or purchasing party (“Customer”) identified in the applicable ERC event rental quotation, order, acknowledgement, invoice, or any other contract or agreement between ERC and Customer (individually and collectively referred to herein as “Contract”), agree to be bound by these Terms and Conditions of Rental and Sale (“Terms”) for the materials, goods, and/or products (collectively, the “Goods”) rented or sold to Customer pursuant to such Contract. Customer hereby agrees that it will be bound by these Terms and be responsible for orders placed on its behalf by an event coordinator, planner, representative, or agent of Customer, for which such Customer is identified on the Contract, as if such Customer placed such order directly with ERC.
2. Acceptance/Sole Terms
The provisions set forth herein together with the provisions of the Contract constitute all of the terms and conditions for Customer and with ERC. with regard to the Goods. ERC acceptance and shipment of Customer’s order is expressly made conditional on Customer’s assent to these Terms. Any and all terms, conditions, or provisions specified in any quotation or otherwise (whether oral, typed, written, or printed) that in any way change, modify, amplify, differ from, or add to these Terms or ERC Contract, are null and void and of no effect, even if (i) ERC does not expressly object to such terms, conditions, or provisions, or (ii) such terms, conditions, or provisions are specified subsequent to such other documents. Customer hereby agrees that no terms additional to or deviating from these Terms shall become part of the Contract unless and until written acceptance of such additional or deviating terms, signed by an authorized officer of ERC, has been issued to Customer. Customer’s acceptance of any Goods supplied by, or on behalf of, ERC shall, without limitation, also constitute acceptance of these Terms.
3. Price and Payment
Payment is due in United States dollars on or before the date of delivery listed on the Contract, except for Customer’s with specific net payment terms listed under the Contract’s billing terms. Prices stated are subject to change and Customer agrees that additional payments will be owed and payable to ERC in the event of (i) alterations in specifications, quantities, designs, or delivery schedules or required labor for delivery to specified location(s), (ii) untimely returned or unreturned rented Goods, or rented Goods returned, but in altered or damaged form, and/or (iii) legislation enacted by any level of government, including tax legislation, which increases the cost of producing, warehousing, purchasing, selling, or renting the Goods rented or purchased hereunder. Customer hereby agrees that ERC may charge any credit or debit card or account provided by Customer for any such change in price resulting in a balance owed by Customer to ERC. No discount will be allowed unless specifically set forth on the face of the Contract. Written quotations will automatically expire thirty (30) days after their issuance unless terminated by ERC upon notice to Customer. ERC reserves the right to increase the prices of its rental and sales offerings. The timing and amount of any price increase for any rental or sale Goods will be in the sole and exclusive discretion of ERC. To the extent that a price increase may effect an unexpired written quotation provided by ERC to Customer, ERC may in its sole and exclusive discretion honor such quotation or terminate such quotation by notice to Customer, with or without providing a new quotation to Customer.
4. Acceptance of Goods, Delivery, and Transportation
Customer shall inspect the Goods at the time of delivery. Unless Customer provides ERC with notice of any claim, shortages of, or defects in the Goods, including without limitation any claim relating to quantity, weight, condition, loss, or damage thereto, at the time of delivery, such Goods shall be deemed finally inspected, checked, and accepted by Customer. The Contract shall specify whether Goods shall be delivered to an indicated address or picked up by Customer. The Event Rental Co. will determine the point of origin of any shipment. ERC shall not be responsible for insuring shipments. Customer is responsible for obtaining all permits, licenses, authorizations, and approvals from appropriate parties, companies, and/or government for the lawful and safe use and occupation of the location(s) to which the Goods will be delivered and from which the Goods will be retrieved. Customer is further responsible for providing and obtaining safe and clear access to the delivery and retrieval location(s), including without limitation, ensuring all packaged items are able to be delivered through outside and indoor areas of ingress and egress. ERC may refuse, without penalty to ERC., delivery and/or retrieval of the Goods if Customer fails to provide safe means of ingress and egress.
5. Title and Risk of Loss
Title to any Goods rented to Customer shall remain with ERC. Title to any Goods sold and risk of loss of such Goods passes to Customer upon delivery.
6. No Warranty
ERC provides goods “as is” without any warranty, express or implied, including no warranty for merchantability or fitness for a particular purpose.
7. Limitation of Liability
ERC’s liability (whether under the theories of breach of contract or warranty, negligence, strict liability, or otherwise) for the goods shall be limited to repairing or replacing such goods found by ERC. To be defective with new or reconditioned goods at ERC’s discretion, or at its option, to refunding, in partial or full, the rental or purchase price of such goods. The parties hereto expressly agree that customer’s sole and exclusive remedy against ERC shall be for the repair or replacement of the defective goods or, with ERC’s consent, the refund of the purchase price. Customer hereby agrees that this exclusive remedy shall not be deemed to have failed of its essential purpose so long as Party Rental Ltd. is willing and able to repair or replace the defective goods in the prescribed manner or refund the price, in partial or full, for goods covered by the contract.
8. Disclaimer of Consequential and Incidental Damages
In no case will ERC be liable for the cost of procurement of substitute goods, damage to other property, loss of business or profits, loss of production, loss of use, or any other similar or dissimilar consequential, incidental, indirect, punitive, exemplary, or special damages even if ERC has been advised of the possibility of such damages, which customer or any other person, corporation, company, or other entity may suffer or claim to suffer or incur or claim to incur as a result of any defect in the goods. Consequential damages for purposes hereof shall include, without limitation, loss of use, income or profit, or losses sustained as the result of injury (including death) to any person or loss of or damage to property (including, without limitation, property handled or processed by the use of the goods). Customer shall defend, indemnify, and hold ERC harmless against all liability, cost, and expense which may be sustained by ERC on account of any such loss, damage, or injury.
9. No Insurance
Unless otherwise expressly set forth in the Contract, ERC is neither providing, nor offering to provide, directly or indirectly, any first or third-party insurance coverage in connection with the rental or sale of the Goods to Customer
Any sales, use, or similar taxes, tariffs, fees, or other levies, taxes, duties, governmental charges, or surcharges now or hereafter imposed under any present or future law in connection with the sale, delivery, use, or rental of the Goods, including without limitation any equipment, accessories, and attachments (including replacements thereof or spare or replacement parts thereof), any installation, repair, maintenance, and instructional services, shall be payable by Customer, and if such taxes or fees are paid or are required to be paid by ERC, the amount thereof shall be added to and become part of the price payable by Customer hereunder.
Prices stated are based on ERC’s standard packaging. ERC reserves the right of packaging the Goods in pallets, bulk, or individual cartons. Packaging will be standard commercial package and acceptable to commercial carriers. Special Customer packaging will be furnished only when specified, and the cost thereof shall be borne by Customer.
Unless expressly specified to the contrary, Goods in stock will be shipped to arrive by the date of delivery. However, all shipping dates are based upon current availability of materials, present production schedules, and prompt receipt of all necessary information. ERC will be not be liable for any damage, loss, fault, or expenses arising out of delays in shipment or other nonperformance of these Terms caused by or imposed by (a) strikes, fires, disasters, riots, terrorist acts, or acts of God, (b) acts of Customer, (c) shortages of labor, fuel, power, materials, supplies, transportation, or manufacturing facilities, (d) governmental action, (e) subcontractor or supplier delay including, but not limited to, failure by subcontractor or supplier to make timely delivery, or (f) any other cause or condition beyond ERC’s reasonable control. In the event of any such delay or nonperformance, ERC may, at its option and without liability, cancel all or any portion of the contract. ERC. will use commercially reasonable efforts to minimize reasonably anticipated delays, but may decline to deliver and/or install Goods if such acts above occur and potentially create unsafe or unsecured delivery or retrieval conditions.
13. Termination, Cancellation, and Modification
Except as otherwise provided herein or in the Contract, orders cannot be terminated, cancelled, or modified, or shipment deferred after acceptance of Customer’s order by ERC, except with ERC’s written consent and subject to reasonable charges for expenses incurred and work executed by ERC. Customer may cancel an order up to thirty (30) days prior to delivery by 5:00 p.m. EST and a 50% fee will be charged to Customer as long as Customer makes such cancellation in writing and the cancellation is acknowledged by ERC. Customer may cancel an order up to fourteen (14) day prior to delivery by 5:00 p.m. EST as long as Customer makes such cancellation in writing and the cancellation is acknowledged by ERC, but Customer shall be responsible for one-hundred percent (100%) of the total Contract amount and that fifty percent (50%) will be immediately due to ERC and charged to Customer. Customer will be one-hundred percent (100%) responsible for the Contract amount for any cancellation after 5:00 p.m. EST the day prior to the delivery date and that one-hundred percent (100%) will be immediately due to ERC and charged to Customer.
14. Damage, Destruction, and Loss
Customer acknowledges that in the event any rented Goods (including without limitation the equipment, chinaware, glassware, silverware, and other ERC property described in the Contract) sustain any damage or destruction or are lost or stolen while under rent to Customer, Customer agrees to pay ERC the costs for repair or replacement thereof pursuant to Section 3 herein. Customer further agrees to accept full responsibility and liability, and Customer shall defend, indemnify and hold ERC harmless for any injury to any other person(s), for any damage to the property of any other person(s), and any other loss that may result through the use or misuse of the Goods. ERC is not responsible for any damage or liability incurred by handling Customer’s or any other person’s personal property.
15. Restocking Fee
Any product deletions or reductions requested the day before delivery will be charged a restocking fee of 50% of the rental cost of items.
16. Return of Rented Goods
Customer shall return all rented Goods to ERC at the time, date, and place designated in the Contract. Customer shall return all rented Goods in the same condition and manner as Customer received them, including without limitation placed in the same packaging, folded and racked in the same manner, and/or cleaned, rinsed, and wiped down as received. Customer shall be responsible for the safe and secure storage of all rented Goods awaiting retrieval. Customer agrees and acknowledges that if Customer fails to return all rented Goods to ERC at the time, date, and place designated in the Contract or if Customer fails to make all rented Goods available for pickup at such time, date, and place, then Customer is subject to additional service charges pursuant to Section 3 herein, including without limitation ERC’s consequential and incidental damages regarding any such attempt by ERC to retrieve the rented Goods, and the procurement, retail, shipping, handling, fulfillment, and/or replacement of such rented Goods.
17. No Return of Rented Goods
Customer shall not be entitled to return to or obtain a refund from ERC for any purchased Goods (including without limitation paper napkins, paper plates, and paper cups, unused or otherwise, described in the Contract).
Customer shall hold harmless, defend, save, and indemnify ERC and its agents, employees, officers, directors, and its respective heirs, assigns, successors, and executors from and against any and all liability, claims, demands, whether groundless, false, or fraudulent, costs (including expert and attorney’s fees), damages, losses, judgments, or awards, brought by a third party or parties arising out of or in any way connected with any act or omission of Customer. The duty to defend as provided herein is separate and distinct from the duty to indemnify, and shall arise immediately upon the tender of any third party claim or demand, and shall continue until it is conclusively proven that there is no possibility for indemnity.
19. Intellectual Property
Any trademarks, branding, drawings, designs, and all other intellectual property of ERC embodied in, displayed on, or otherwise provided in connection with, the Goods or the Contract (“Intellectual Property”), shall remain the sole property of ERC. Without ERC’s express prior written permission, Customer will not (a) remove, alter, or deface any trademark or branding including with or displayed on the Goods, and (b) reproduce, use, or communicate to third parties of any such intellectual property.
20. No Waiver
Forbearance or failure of ERC to enforce any of the terms and conditions stated herein, or to exercise any right accruing from default of Customer, shall not affect or impair ERC’s rights arising from such defaults; nor shall forbearance or failure be deemed a waiver of ERC’s rights in case of any subsequent default of Customer.
If any provision of these Terms is unenforceable or invalid, these Terms shall be interpreted and enforced to the greatest extent possible as if the unenforceable provision or portion had never been a part hereof.
These Terms shall be binding upon and shall inure to the benefit of the successors and assigns of Customer and ERC provided, however, that Customer may not assign or transfer the Contract or these Terms, in whole or in part, except upon the prior written consent of ERC.
23. Governing Law; Venue; Resale
The Contract and these Terms shall be construed in accordance with and governed by the laws of the State of Massachusetts, without regard to its conflicts-of-laws rules or principles. All actions or proceedings arising directly or indirectly herefrom or related hereto shall be litigated only in the courts of Nantucket County in the State of Massachusetts. The parties hereby consent to the jurisdiction and venue of such courts.
24. Entire Contract
Customer and ERC hereby agree that these Terms along with the Contract shall constitute the entire agreement between Customer and ERC and no prior or contemporaneous oral or written statement, correspondence, sample, or other terms, quotations, or understandings shall modify, alter, or in any way affect the terms thereof.
25. Dye Lot Variances
There may be some variance in color or pattern between batches and dye lots of a product or fabric. Please note that we cannot offer refunds and/or exchanges for any variance-related issues due to the variables that occur during the manufacturing and processing of our products.
Should a requested product become unavailable at any time, we reserve the right to substitute alternative products to an order. We will make every effort to provide a substitution comparable in quality or functionality to the requested product.
27. Rental Item Wear
Due to the nature of our business, our items are frequently rented and cleaned. While we strive to give you the best quality products every time, please note that there may be signs of “ordinary wear and tear” and that we cannot guarantee new or like-new quality.
If you have any questions about these Rental Terms, please contact The Event Rental Co. at:
Phone: 508.319.1608 x103
The Event Rental Co.
126A Old South Road
Nantucket, MA 02554