Terms and Conditions

Overview

The following are the full terms and conditions when conducting business with Perfectly Posh Party Rentals. For further details or questions, feel free to contact us at (754) 484-0572 or send an email to perfectlyposhpartyrentals@gmail.com.

Deposit

When booking with Perfectly Posh Party Rentals, A 50% non-refundable fee is required to secure reservation. This deposit is non-refundable under any circumstance. Once this payment is made, you are agreeing to our rental contract.

Reservation dates can be rescheduled subject to the new date being available.

Items need to be booked two weeks prior to the date of the event to reserve a booking.

Delivery

We call or email one week prior to arrange the delivery times. Delivery can be anywhere from 1-3 days before the event depending on the size and type of event. Delivery day is at our discretion. You can request a specific day/time – additional charges may apply. If the delivery location has certain time constraints, then we are more than willing to work within them for most instances, or if it is you want to request a specific delivery day or time let us know. Extra charges may be applied for special requests of delivery days or times. Feel free to contact us at any time for delivery questions but understand that if the date is still some time away, we will only be able to give you an estimated delivery day.

If you have any obstacles over your driveway like an arch, wires, or anything else, please let us know. We are not liable for any damages caused to obstructions over your driveway that are not DOT compliant. We can unload at the end of your driveway and charge a distance fee. The distance fee is $50.00/50ft with the minimum being $50.00.

Cancellations

50% down payment is non-refundable.

If the vehicle is already loaded (vehicle get loaded the night before) and any item, or whole order is cancelled, there is still a 100% charge.

We are promising this equipment to you and missing out on the opportunity to rent it to someone else. Our charges are non-negotiable.

Damage to items

We do charge for missing, broken, and damaged items. These include items damaged due to weather. Please be sure items are secured when not in use and protected from the weather.

Rental Rules

Chairs need to be stacked neatly before pick up. If chairs are not stacked or stacked in a sloppy manner, there will be a charge of $0.25/chair. This method greatly helps us with efficiency and keeping labor costs down, which in turn allows us to provide the best price we can to each customer. Non padded chairs stack 50 high and padded chairs stack 25 high.

· If renting a tent, please have tent corners marked with stakes, sticks, or spray paint before the delivery driver arrives. It helps them speed up the process.

· If delivery and set-up is up more than a few stairs, please let us know. If we show up and there are a lot of stairs, we will amend the bill. If we are told beforehand, we will let you know the price for the extra time involved.

· The tables and chairs are not set up by us. We will place them under the tent, and when we come to pick them up, they must be returned to the way we had them on delivery. If you would like us to set them up, please inform us so we can provide you with the additional cost to do so.

· We cannot put a pole tent up over a driveway under any circumstance. If you would like a tent on the driveway, please rent a frame tent.

· If renting sidewalls, they are not allowed to be removed. We will show you how to open them up safely, so they do not get damaged.

· No staples, tacks or pins can be used to attach your own things to any equipment. Any damage will result in a charge to fix or replace equipment.

· No tape can be used on anything except for the under sides of tables. At no time should tape be put on the vinyl of the tent. Any damage will result in a charge to fix or replace equipment.

· If the delivery location is not easily accessible, or is on a hazardous road, there can be an audit to the final price.

· All obstacles in the way of setting up the rented equipment need to be removed from the area, that includes tree branches that could be a hazard to the tent. We are not authorized to touch or move anything that could be in the way. If the clearing of the area takes more than 10 minutes, there will be a $10.00 charge for every 10 minutes after the first 10.

· Drilling holes in pavement is a charge of $5.00 per hole; please let us know ahead of time if this will be necessary. If upon delivery it is discovered that we need to drill holes there will be a charge of $5.00/hole.

· Filling holes will also be an additional charge of $5.00 per hole.

· If holes need to be put in pavement, we do not fill them in after removal unless otherwise arranged.

· Frame tent legs can slightly damage and scratch the surface they are set up on. Please understand this and that we are not responsible for any damage.

Lessor hereby agrees to lease to Lessee the equipment described on the face of this agreement or in attached schedules in accordance with the following agreement:

1. Delivery is made to convenient point for delivery vehicle to park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Lessor’s service does not include set up and knock down of tables and chairs. If this service is required,

arrangements must be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. If time permits, we will try to accommodate you after quoting the price. On pick up where no prior arrangements have been made and equipment is not knocked down and assembled in the same location as delivery, if time permits, the pickup crew will knock down and load all equipment at the expense of the Lessee(you). A knockdown fee will result if equipment is still up.

2. The leased equipment shall always be and remain the sole and exclusive property of Lessor. Lessee shall have only the rights to use the equipment in accordance with the terms of this agreement. Lessor shall have the right to display notice of its ownership of the equipment by display of an identifying stencil, plate or other marking, and Lessee agrees that it will not remove or cover such markings without the written permission of Lessor. The equipment shall not be removed from the place of delivery or installation without the express written permission of Lessor.

3. The Lessor does not expect final payment of balance until everything that is rented is delivered. Before the balance is paid, the Lessee acknowledges that Lessee has had an opportunity to personally inspect the equipment and finds it suitable for Lessee’s needs and in good condition. Lessee understands its proper use. Lessee further acknowledges Lessee responsibility to inspect the equipment prior to its use and to notify Lessor of any defects.

3. If the equipment becomes unsafe or in disrepair for any reason, Lessee agrees to discontinue its use and to notify Lessor. If the defect is the result of normal use, Lessor will repair or replace the equipment with similar equipment in good working order if available. Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise, and Lessee hereby waives any right or entitlement thereto.

4. Lessor 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 Lessee 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 the customer.

5. Lessee shall defend, indemnify, and hold harmless Lessor its employees, agents and subsidiaries, from and against all claims, liabilities, losses, claims of personal injury, damages to property or otherwise, and expenses, of every character whatsoever, resulting from the actions, negligent or otherwise, of Lessee or its agents, employees or subcontractors or anyone acting on Lessee’s behalf. The indemnities included in this exhibit shall include reasonable attorney’s fee paid by Lessor in defending suits and actions involving liability covered by the indemnification provision in this paragraph.

6. Lessee’s right of possession terminates on the expiration of the rental period and retention of possession after this time constitutes a material breach of Lessee’s obligations under this contract. Time is the essence in this agreement. Any extension must, at Lessor’s election, be mutually agreed upon in writing.

7. The Lessor may assign its rights under this contract without the Lessee’s consent but will remain bound by all obligations herein. The Lessee may not sublease or loan the equipment without the Lessor’s written permission. Any purported assignment by the Lessee is void.

8. At the expiration of this contract, or sooner upon Lessor’s demand, Lessee promises to make available for pickup by Lessor at the time specified in the contract, in the condition and repair as when delivered to Lessee, subject only to reasonable wear and tear. Lessee shall be liable for all damage to or loss of the equipment occurring because it was not available for pickup when specified. If the Lessee has agreed to return equipment to Lessor, Lessee shall be responsible for all loss or damage to the equipment from the time of delivery to Lessee until returned to Lessor. If the equipment is returned in a damaged or excessively worn condition, Lessee shall pay Lessor the reasonable costs of repair and pay rental on the equipment of one-half the regular rental rate until repairs have been completed. Lessor shall be under no obligation to commence repair work until Lessee has paid therefore. In the event the Lessor must resort to litigation to be reimbursed for damage caused to equipment, Lessee agrees to pay all attorney’s fee, court costs, or other expense which become reasonable or necessary to compensate Lessor for his repairing or having the equipment repaired or replaced.

9. The Lessee hereby expressly waives all rights in and to any and all exemption laws set forth in the State of Florida, which are within the power of the Lessee to waive.

10. Lessor 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 Lessee’s premise.

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

12. Table linens are inspected by Lessor prior to delivery to Lessee and upon return. If there is obvious damage such as mildew, excessive stains, burns or tears to linen, Lessee will be charged the cost of the linen. Return all linens dry and free of waste.

13. Lessee agrees to pay for any damage to rented equipment regardless of cause, except reasonable wear and tear, while equipment is out of the possession of Lessor. Lessee also agrees to pay a reasonable cleaning charge for all equipment returned dirty, in Lessor’s sole, reasonable judgment. Tableware items must be rinsed free of debris. Any tableware returned with debris will be subjected to a minimum cleaning fee of $100.00. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged goods. Rental Equipment damaged beyond repair will be paid for by Lessee at its Replacement Cost when rented. The cost of repairs will be borne by the Lessee, whether performed by Lessor or at the Lessor’s option by others.

14. Equipment, other than tents, left out in rain/weather is excessively worn. This is not normal wear and tear. A prorated rate of 1/8th of the replacement cost will be charged to the Lessee for equipment left out in the weather.

15. The Lessee agrees to pay for equipment (at its replacement cost when rented) for all types of theft or disappearance.

17. If Lessee has directed that charges are billed to a third party, and Lessor agrees to bill that third party, and the third party fails to make prompt payment to Lessor when due, then Lessee promises to pay Lessor on demand. If the Lessee directs charges to be billed to a third party, Lessee represents that he is authorized to give Lessor such direction. Lessee understands that he remains individually responsible for all charges Lessor is to be paid under this contract.

18. In the event of a tropical storm warning, or whereas winds are expected to be 40 mph or above, Perfectly Posh Party Rentals has the right to dismantle and/or remove rental items, at any time, to protect Perfectly Posh Party Rentals personal property, whether the items have been used or not.

19. All tents are subject to stretching and retracting of up to 5% of listed sizes and although all tents have been treated to some extent with waterproofing compound, no tents are guaranteed to be absolutely waterproof, and leaks do occur from time to time.

20. Lessee agrees not to do any type of cooking under or within a reasonable distance of the tent. Lessee assumes full responsibility and costs incurred for damage and or cleaning expense to tent tops due to cooking processes under or near tents.

21. Lessee agrees to furnish Lessor access to, and the right to use, Lessee’s electrical and power lines for installation and operation of the rented equipment. It is the Lessee’s responsibility to contact all utility companies for appropriate and clear marking of all underground lines, pipes, cables and/or any other obstructions that may be damaged during the tent staking down process. Lessee agrees to have all Underground Facilities in the vicinity of the Equipment installation clearly marked prior to the arrival of Lessor’s work crews. Lessee assumes full responsibility for damage to all Underground Facilities