Rental is charged in units of one week. A week is defined as seven (7) consecutive days. Should the seventh (7th) day fall on a weekend, then rental would be due back on the following Monday by 12:00 p.m. (noon). There is no discount for periods less than a week. Rental period commences on the day rental leaves the Dazian Rentals West Facility and ends on the day rental is returned to the Dazian Rentals West Facility. Late returns are subject to additional rental charges at full rental rate. Customer may extend the rental period by notifying Dazian Rentals West forty-eight (48) hours prior to the end of the contracted rental period. Extended rentals are subject to additional rental charges at discounted rental rates.
DAMAGE AND LOST RENTALS:
The Customer is responsible to prevent the rental from damage or loss and return of original bags of which drapery came in Loss or Damage pertains to the entire order or to parts of the order. If the rental is damaged, Dazian Rentals West will make its best effort to repair the damage. The cost of the repair and the time damaged item is out of service will be the responsibility of the Customer. The Customer will be charged, labor, materials, and not more than two (2) weeks of lost rental at full rental rates. If Dazian Rentals West deems that the cost of the repair is greater than the cost of the replacement or that a repair will not restore the rental to the condition that is to the standard of the Dazian Rentals West rental program, then Dazian Rentals West will replaced the rental and Customer will be charged the full purchase price value,and not more than two (2) weeks of lost rental at full rental rates. The assessment of damage is at the sole discretion of Dazian Rentals West.
RENTALS LOST OR DAMAGED IN SHIPPING:
If Dazian Rentals West initiates shipping, Dazian Rentals West will be responsible to collect from the freight company for any loss or damage. Dazian Rentals West will insure the shipment to the full value of the rental and Customer will be charged the shipping and insurance cost. If Customer initiates shipping, Dazian Rentals West will charge Customer will be responsible to collect from the freight company. Customer is advised to insure the rental with the freight company.
PAYMENT FOR DAMAGE AND LOSS:
If the rental is secured by a Credit Card, the charge for the loss/damages will be charged to the card. If the rental is secured by a purchase order, payment for the loss/damages is due within ten (10) days from receipt of the Dazian Rentals West invoice. The terms & conditions of the rental will remain in effect until payment is made late. The rental will cease upon receipt of such payment.
All rentals are considered WILL CALL unless other arrangements have been made. Dazian Rentals West shall ship the rental hereunder by contracting with independent freight companies. Dazian Rentals West does not control such freight companies. Dazian Rentals West shall not be liable to Customer or any other person for losses, damages (incidental or consequential), costs, expenses or liability in connection with damage to the goods ora delay in delivery or shipping, nor shall any such damage or delay constitute grounds for cancellation of rental order. Customer shall bear the risk of loss for and shall insure itself against such losses, damages and/or delays. All goods are F.O.B. Dazian Rentals West’s facility, unless otherwise agreed to in writing by the parties hereto. Customer is responsible to inspect delivery for damage, shortage/loss before signing for delivery. All damages, shortages and /or losses must be entered on the bill of lading and Dazian Rentals West must be notified immediately. Customer is responsible for return of rental by contracted return date. (See “Late Pickups”)
Dazian Rentals West warrants that any rental received by Customer is within industry standards for such products. IT IS EXPRESSLY AGREED THAT THIS WARRANTY SHALL BE IN LIEU OF ALL WARRANTIES OF FITNESS. No other express warranty is given and no affirmation of Dazian Rentals West, by words or actions, will constitute a warranty. Any defect attributed solely to Dazian Rentals West shall result in a credit being applied to customeraccount. (SEE INSPECTION.) In no event shall Dazian Rentals West be responsible for any consequential damages or responsible for lost profits of Customer. Any damage determined to have occurred outside of Dazian Rentals West facilities shall not give rise to a credit of the customer’s account.
Goods rented from Dazian Rentals West shall be deemed accepted by Customer and deemed fit for the particular use and purpose of Customer. It is the responsibility of the customer to notify Dazian Rentals West within 24 hours of receipt of rental should any or all of the rentals be deemed flawed or unsatisfactory.
LATE PICK UPS:
All charges are assessed per original contracted dates. Customer is advised that if rental is picked up after contracted pick up date, rental is still due to be returned by original contracted return date. Please consult with a sales representative regarding any date changes.
CANCELLATIONS (or non-picked up orders):
Notification of cancellation must be received in writing 48 hours prior to scheduled pick-up date to avoid a 25% cancellation fee which will be assessed and charged to the customer.
Unless otherwise agreed to in writing between Dazian Rentals West and the customer, payment of total rental is required at the time of pick-up, delivery or shipment of rental to customer. ALL rentals will be invoiced the first day of the rental period. In addition, the customer shall be obligated to pay interest at a rate of 1.5% per month or the maximum applicable rate allowed by law on any unpaid amount from the date that amount became due until payment is received by Dazian Rentals West.
Customer (hereinafter referred to as the “Indemnitor”) hereby agrees to indemnify, save and hold harmless Dazian Rentals West (hereinafter referred to as “Indemnitee”) from and against any and all liability, loss, damage, and expense, including without limitation, reasonable attorney’s fees and court costs, which Indemnitee may suffer or incur by reason of, based upon, or relating to a breach of any representation, warranty or covenant made by indemnitor or by reason of any claim, demand, action, suit or proceeding asserted or instituted, realting or arising from any act by Indemnitor. The indemnity contained herein shall extend to any parent, successors and assigns of the Indemnitee and to any employees, officers, directors, agents, representatives, attorneys and shareholders of the Indemnitee or any of them.
Customer shall pay any and all taxes, duties/custom fees, charges, assessments, fees or the like (hereinafter) referred to collectively as “Taxes” levied on or associated with the goods provided and services performed in accordance with this Agreement including without limitation, any local, state, federal or other governmental charges for rental, sales, manufacturing, or distribution. Customer shall further indemnify and hold harmless Dazian Rentals West from any costs, expenses, claims or the like for failing to report or pay any such tax. Dazian Rentals West collects sales tax in New York, New Jersey, California and this tax will be added to your invoice. In any other states the above applies, if tax-exempt status is represented, all proper paper work will be required to waive sales tax.