Terms and Conditions of Rental
In consideration of the renting of the merchandise described by the renter, thereinafter referred to as the "Lessee", from City Knickerbocker, Inc., hereinafter referred to as the "Dealer", upon terms and conditions and for the price herein specified, it is agreed as follows:
- RENTAL AND TERMS: Commences upon acceptance of terms for all future rentals unless canceled or amended in writing or e-mail by th Lessee and acknowledgement in writing or e-mail by the Dealer. Specific rentals will be reflected in a separate addendum reflecting subject matter, price, terms and any other specific governed by the agreement. Rental charges commence on pick-up or delivery of merchandise to Lessee and end upon return of merchandise to Dealer's premises. Lessee agrees to pay on return of merchandise to Dealer's premises all charges and terminates on the expiration and due dates set forth unless extended in writing by Dealer.
- CONDITION OF HIRING, INSPECTION PRIVILEGE AND WAIVER OF DEFECTS: Lessee accepts and rents the merchandise on an "as is" basis and that none of said merchandise was received in a dirty or damaged condition.
- DAMAGED AND MISSING MERCHANDISE: In addition to the rental fee indicated herein, Lessee will be held liable for the full retail value of any damaged or missing merchandise. Damaged merchandise will be held for five (5) business days from the day that Lessee is notified of the damaged charge by Dealer, after which time Dealer shall dispose of such merchandise as Dealer sees fit.
- LESSES LIABILITY FOR MISUSE OF MERCHANDISE: Lessee shall not abuse, harm or misuse the merchandise. Lessee shall not permit any repairs to be made or lien to be placed upon the merchandise without Dealers written consent. In the event of any accident or casualty in bodily injury or property damages arising out of Lessee's use and hiring of said merchandise, Lessee agrees to accept all responsibility therefore and shall hold Dealer harmless from any claims or actions arising there from. Lessee shall furnish witnesses. Unless otherwise specified herein, in case of the loss or destruction of any part of the merchandise, or of loss of possession thereof, or inability to return the same to Dealer, on the expiration and due date for any reason whatsoever. Lessee shall pay Dealer the actual value thereof, and in addition thereto Dealer's loss of use of said merchandise.
- DISCLAIMER OF WARRANTIES: Dealer makes no warranties, expressed or implied, as to the merchandise merchantability of any purpose.
- USE OF DEPOSIT AND LIABILITY FOR LATE PAYMENT, UPON BREECH BY LESSEE: Lessee acknowledges that the purpose and intent of the deposit, if applicable, paid by Lessee hereunder is to secure the payment of rental charges and to guarantee the full and complete performance of each of the terms covenants and agrees to be performed by Lessee hereunder. Lessee agrees to pay a late payment penalty set forth in paragraph 13, hereof.
- INDEMNIFICATION OF DEALER BY LESSEE: Lessee expressly indemnifies and holds dealer harmless of, from and against any and all claims, loss, costs, damages, attorney's fees and/or liability in connection with the hiring and use of the merchandise regardless of whether a lawsuit is filed in the event a suit is instituted by Dealer to recover possession of said merchandise, or to enforce any of the terms, conditions provided hereof. Lessee agrees to pay all costs and reasonable attorney fees of Dealer incurred in connection therewith.
- THEFT WARNING: Failure to make available merchandise on the expiration and the date, in certain circumstances, will be considered a theft, resulting in criminal prosecution.
- TAXES: Lessee agrees to pay any and all taxes, license fees, or permit fees arising out of the hiring of the merchandise. Lessee agrees to pay said taxes whether said taxes appear as part of the fact of this contract or whether said taxes are after claimed by a government authority, for the taxes arising out of this transaction. Lessee agrees to pay Dealer said taxes upon demand. Notwithstanding the above, Lessee may provide Dealer with a current Resale Certificate or Tax Exempt Certificate, so long as either is provided at the time of the rental. Failure to provide such certificate in a timely manner will not insure that tax liability will not be charged to Lessee
- TITLE: Title to the merchandise is and shall remain in Dealer. If the merchandise is levied upon for any reason whatsoever, Dealer may reclaim the merchandise without notice or legal process and may take all action reasonably necessary to do this.
- CONSTRUCTION: The paragraph headings used herein are for convenience only and are not to be used in constructing the meaning or intent of any of the terms or provisions of this rental contract.
- CANCELED ORDERS: All orders packed and subsequently canceled by Lessee will be subject to a restocking charge equal to 25% of the total amount of the packed order.
- LATE RETURNS: All merchandise returned after the return date indicated in the invoice will be billable to Lessee at a per week rate equal to 50% of the total rental price of the item(s) unless lateness is a failure of the Dealer to be available for the return.