The Chair Spot
Rental Terms & Conditions
General
The Chair Spot Rental LLC and renting and (“Customer”) identified in the applicable The Chair Spot Rental quotation, order, acknowledgment, invoice, or any other contract or agreement between The Chair Spot Rental 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 The Chair Spot Rental.
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 Throne Paradise Party Rental with regard to the Goods. 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 Throne Paradise Party Rental’s Contract, are null and void and of no effect, even if (i) Throne Paradise Party Rental 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 Throne Paradise Party Rental, has been issued to Customer. Customer’s acceptance of any Goods supplied by, or on behalf of, Throne Paradise Party Rental shall, without limitation, also constitute acceptance of these Terms.
Price And Payment
Payment is due in United States dollars on or before the date of delivery listed on the Contract. Prices stated are subject to change and Customer agrees that additional payments will be owed and payable to Throne Paradise Party Rental 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 Throne Paradise Party Rental 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. No discount will be allowed unless specifically set forth on the face of the Contract.
Acceptance of Goods, Delivery, And Transportation
Customer shall inspect the Goods at the time of delivery. Unless Customer provides The Chair Spot Rental 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. 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. Throne Paradise Party Rental may refuse, without penalty to Throne Paradise Party Rental, delivery and/or retrieval of the Goods if Customer fails to provide safe means of ingress and egress.
Limitation of Liability
Throne Paradise Party Rentals 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 Throne Paradise Party Rental, To be defective with new or reconditioned goods at Throne Paradise Party Rental 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 Throne Paradise Party Rental. shall be for the repair or replacement of the defective goods or, with Throne Paradise Party Rentals 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 Throne Paradise Party Rental 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.
Disclaimer of Consequential and Incidental Damages
In no case will Throne Paradise Party Rental 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 Throne Paradise Party Rental 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 The Chair Spot Rental harmless against all liability, cost, and expense which may be sustained by The Chair Spot Rental on account of any such loss, damage, or injury.
No Insurance
Unless otherwise expressly set forth in the Contract, Throne Paradise Party Rental 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.
Damage, Destruction, And Loss
Customer acknowledges that in the event any rented Goods (including without limitation the equipment, chinaware, glassware, silverware, and other Throne Paradise Party Rental property described in the Contract) sustain any damage or destruction or are lost or stolen while under rent to Customer, Customer agrees to pay Throne Paradise Party Rental 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 Throne Paradise Party Rental 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. Party Rental Ltd. is not responsible for any damage or liability incurred by handling Customer’s or any other person’s personal property.
Return of Rented Goods
Customer shall return all rented Goods to Throne Paradise Party Rental 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 Throne Paradise Party Rental 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 Throne Paradise Party Rental.’s consequential and incidental damages regarding any such attempt by Throne Paradise Party Rental to retrieve the rented Goods, and the procurement, retail, shipping, handling, fulfillment, and/or replacement of such rented Goods.
No Return of Rented Goods
Customer shall not be entitled to return to or obtain a refund from The Chair Spot Rental for any purchased Goods (including without limitation to Goods, unused or otherwise, described in the Contract).
Indemnification
Customer shall hold harmless, defend, save, and indemnify The Chair Spot Rental. 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.
Assignment
These Terms shall be binding upon and shall insure to the benefit of the successors and assigns of Customer and The Chair Spot Rental. 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 The Chair Spot Rental. Light is an easy-to-read font, with tall and narrow letters, that works well on almost every site.