TERMS AND CONDITIONS

A Perfect Party Rental, hereby agrees to rent to the Customer the equipment described on the face of this agreement or in attached schedules in accordance with the following agreement:

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1. TITLE AND OWNERSHIP:

The rented equipment shall at all times be and remain the sole and exclusive property of A Perfect Party Event Rentals. Customer shall have only the rights to use the equipment in accordance with the terms of this agreement. A Perfect Party Event Rentals shall have the right to display notice of its ownership of the equipment by display of an identifying stencil, plate or other marking, and Customer agrees that it will not remove or cover such markings without the written permission of A Perfect Party Event Rentals. The equipment shall not be removed from the place of delivery or installation without the expressed written permission of A Perfect Party Event Rentals.

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2. WARRANTIES

A Perfect Party Event Rentals is neither the manufacturer of the rented property nor the agent of the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given, and Customer expressly waives all such warranties of fitness which may be accorded by law or otherwise. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suited for customers intended use, or that it is free from defects, and any and all such warranties of fitness, or otherwise, are expressly and specifically waived by customer.

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3. HOLD HARMLESS AGREEMENT

Customer shall defend, indemnify and hold harmless A Perfect Party Event Rentals, its employees, agents and subsidiaries, from and against all claims, liabilities, losses, damages to property or otherwise, and expenses, of every character whatsoever, resulting from the actions, negligent or otherwise, of Customer, Customer’s employees and agent of Customer or Customer subcontractor. The indemnities included in this exhibit shall include reasonable attorneys’ fees paid by A Perfect Party Event Rentals in defending suit and actions involving liability covered by the indemnification provision in this paragraph.

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4. RESTOCKING

Customer understands and acknowledges orders are prepared for delivery in advance of delivery date. Customer agrees that as part of the rental agreement, any order deletions, reductions, and/or cancellations must be made at least 14 days prior to delivery or customer pick up for all rental items. Such deletions, reductions, or cancellations made less than the above stated policy will incur a 100% restocking charge to the customer.

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5. INSPECTION

Customer acknowledges that he/she has had an opportunity to personally inspect the equipment and finds it suitable for his needs and in good condition. Customer understands it's proper use. Customer further acknowledges Customer responsibility to inspect the equipment prior to its use and to notify A Perfect Party Event Rentals of any defects. If A Perfect Party Event Rentals is notified of faulty equipment or defects upon Customer return of items, A Perfect Party Event Rentals will inspect the equipment to verify items were un-usable. Refunds are based upon the inspection and are not guaranteed. If items are found to be in good and working order, no refund will be credited to the Customer.

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6. REPLACEMENT OF MALFUNCTIONING EQUIPMENT

If equipment becomes unsafe and/or in disrepair for any reason, the Customer agrees to discontinue its use and notify A Perfect Party Event Rentals immediately. A Perfect Party Event Rentals will repair or replace the equipment with similar equipment in good working order if available, and if the defect is the result of normal use. A Perfect Party Event Rentals is not responsible for any incidental or consequential damages caused by delays or otherwise, and Customer hereby waives any right or entitlement thereto. If A Perfect Party Event Rentals replaces the equipment and upon testing the original equipment, discovers that the equipment is in good working order, additional charges may occur for delivery of replacement equipment.

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7. ASSIGNMENTS, SUB-RENTALS LOANS OF EQUIPMENT

Customer may assign its right under this contract without A Perfect Party Event Rentals’ consent, but will remain bound by all obligations herein. The Customer may not sub-rent or loan the equipment . If this is violated any purported assignment by the Customer is void.

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8. RETURN OF EQUIPMENT

At the termination of this agreement, Customer shall return all the equipment to A Perfect Party Event Rentals’ in the same condition and repair as when delivered to Customer, subject only to reasonable wear and tear. Customer shall be liable for all damages to or loss of the Equipment occurring if items were not returned to A Perfect Party Event Rentals’ in the same condition as rented. When A Perfect Party Event Rentals has delivered the equipment to the Customer, Customer shall be responsible for all losses or damage to the equipment from time of delivery to Customer and until picked up by A Perfect Party Event Rentals. Time is of the essence in this agreement. Any extension must be agreed upon by  A Perfect Party Event Rentals’ in writing.

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9. INSPECTION BY A Perfect Party EVENT RENTALS

A Perfect Party Event Rentals shall at all times have the right to enter any premises where the equipment may be located for purposes of inspecting it, observing its use, or removing it from Customer’s premise.

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10. PERMITS AND LICENSES

Customer shall at its own expense, and prior to the installation of the equipment, provide all necessary permits, licenses, and other consents.

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11. COMPLIANCE WITH LAW and SAFETY REGULATIONS

As A Perfect Party Event Rentals has no control over the use of rented equipment by Customer, Customer agrees at its sole expense to comply with all municipal, county, state, and federal laws, ordinances, and regulations, including the Occupational Safety & Health Administration Act of 1970 which may affect the equipment while it is in the possession of and use by the Customer. Customer shall not permit any person who is not legally qualified to use equipment.

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12. DELIVERY/PICK UP

Delivery is made to closest point a delivery truck can park. Extra charges will result in deliveries to up/downstairs. Our service fee does include set up and knock down of the actual structure of the balloon arches (this dose not include taking down balloons or flowers). If customer have not removed balloons and flowers from arches and no prior arrangements are made and this service is desired upon pick up, there will be a fee with held from deposit.

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13. CLEANING

Customer must make sure all rentals are returned free of debris (cake, spills, dirt, ink etc..) If items are returned with debris there will be a fee with held from deposit.

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14. LOSS, SHORTAGES, DIRTY, OR DAMAGED EQUIPMENT

Customer agrees to pay for any damage to rented equipment regardless of cause, except reasonable wear and tear, while equipment is out of possession of A Perfect Party Event Rentals. Customer also agrees to pay a reasonable cleaning charge for all equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair or damaged goods. Rental Equipment damaged beyond repair will be paid for by Customer at its Replacement Cost when rented. The cost of repairs will be borne by the Customer, whether performed by A Perfect Party Event Rentals or at A Perfect Party Event Rentals’ option by others.

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15. STOLEN PROPERTY

The Customer agrees to pay for equipment at its Replacement Cost when rented for all types of theft or mysterious disappearance. If the rented equipment is not returned to A Perfect Party Event Rentals within two days of date specified on the face of this contract, such equipment shall be considered stolen. In such event, Customer may be prosecuted in accordance with California Code, Penal Code - PEN § 484, or in accordance with any other California Criminal Laws that may apply.

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16. COLLECTION COSTS

The Customer agrees to pay all reasonable collection, attorney’s, and court fees and other expenses involved in the collection of charges or enforcement of A Perfect Party Event Rentals rights under this contract.

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17. WEATHER RELATED RISKS

Customer assumes all weather related risks involved in holding an outdoor tented event. A Perfect Party Event Rentals will endeavor to minimize said risk, however, should the outside structure used for customers event become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond A Perfect Party Event Rentals’ control, Customer shall still be liable for payment in full of all charges.

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18. PREPARATION OF SITE

Customer agrees to have the site upon which the equipment is to be erected, free and clear of all obstacles, natural and man-made, prior to the arrival of A Perfect Party Event Rentals work crew. Customer further agrees to have all areas cleared for delivery/removal prior to our arrival. All non-rented equipment and decorations shall be cleared and taken from site. If Customer fails to do so, then Customer shall pay all costs involved for any delay, additional rental, and all costs including collection and legal expense.

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19. HARDWOOD FLOORS/SURFACES

A Perfect Party Event Rentals will not be held responsible for any damage which may occur due to the placement of rental equipment on any surface including but not limited to hardwood floors, outdoor decks, concrete pads, etc...

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20. RENTAL SHORTAGES

Shortages should be noted at time of delivery and/or customer pick-up. If items are missing and are not reported at this time, they will be considered received and charged according to the original agreement. Charges apply to all items not returned or items returned damaged or dirty. It is the responsibility of the renter to pay for any damages incurred to any items. This includes broken and/or missing items as well as burns, wax or other damage to linens.

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21. Special Notes

All prices and availability of rental items are subject to change without notice.

All balances must be PAID in FULL prior to delivery unless other arrangements have been made.

Note: delivery crews do not carry cash or change.

 

It is the customers responsibility to read all terms and conditions and to understand all terms, if customer has any questions they should be asked before signing contract and before rental items are delivered.