Rental Terms and Conditions
These rental terms and conditions (these “Terms”) are the only terms that govern the sale of rental services (“Services”) by Tablescapes Acquisition, Inc. (“Tablescapes”) to you (“Renter,” “you,” and “yours”). Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Services covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms.
- PHYSICAL CONDITION OF RENTAL ITEM(S). Any damage during delivery, missing equipment, or problems with equipment must be reported upon your receipt of the equipment. Any reports of damage, missing items or problems with equipment reported after the event will not be credited and will be presumed to have occurred while in your possession.
You acknowledge that before taking the rented item(s), you examined it, saw it in operation (if appropriate), and are aware of its condition and that it is in good condition except for any defect noted on the related rental order. It is your responsibility to return the rented item(s) to Tablescapes in the same condition it left in, except for ordinary wear and tear. You hereby assume all risk of loss and damage to the property from any cause.
- USE OF THE ITEM(S). You agree that you have received adequate instruction for proper and safe use of the rental items or are already familiar with their operation. You further agree that the item(s) will be used only at the address designated and only for the purpose for which the item(s) was manufactured and intended. Subleasing or improper use of the rental items is prohibited. You acknowledge that you have read and understood all operating instructions, manuals, and warnings provided with the equipment. Once equipment leaves our facility, no credits will be issued for unused items.
Wooden or metal rental equipment or packing crates should never be left outdoors unprotected from the elements, as significant damage will result. Plates or glasses with decals, painted patterns, metallic rims or wooden chargers should never be run through a dishwasher. Only porcelain or clear glass dinnerware should ever be heated to oven temperatures. Gold flatware and all metal plates must be thoroughly washed or wiped free of food remnants and dried as soon as possible after use. All dinnerware and serving accessories must be rinsed and free of all food remnants. No silver items should ever be washed in a low temperature commercial dishwasher. Chairs must be refolded (or stacking chairs re-stacked without their cushions) after use. All rentals must be re-packed the same way they were received and in the same containers. Carboard box liners should be left in the boxes.
Please note: tabletop items (plates, flatware, napkins, etc.) are rented in fives (5); glassware is by the rack or half rack. Tablescapes will always round to the nearest pack quantity on those items.
- YOUR RESPONSIBILITIES. You are responsible for the use of the rented item(s). You assume all risks inherent in the operation and use of the item(s) and agree to assume the entire responsibility for the defense of, and to pay, indemnify and hold Tablescapes from, any and all claims for damage to property or bodily injury (including death) resulting from the use, operation or possession of the item(s), whether or not it be claimed or found that such damage or injury resulted in whole or in part from Tablescapes’ negligence, from the defective condition of the item(s), or any cause.
- DISCLAIMER OF WARRANTIES. TABLESCAPES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE RENTAL PROPERTY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OR DURABILITY. UNDER NO CIRCUMSTANCES WILL TABLESCAPES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE RENTAL PROPERTY. YOU AGREE THAT NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE HAVE BEEN MADE IN CONNECTION WITH THE ITEMS RENTED.
- RESPONSIBILITY FOR EQUIPMENT. From the time the item(s) is rented out until it is returned, you are responsible for it. If the item(s) is lost, stolen or damaged under any circumstances while rented, regardless of fault, you shall be responsible for all charges, including labor costs, to replace or repair the item(s), and the same shall be due and payable upon billing. You hereby authorize Tablescapes to charge you for all breakage or damage to the rented item(s) and for any additional applicable fees incurred under any provision of these Terms.
- ITEM(S) FAILURE. You agree immediately to discontinue the attempt to use the rented item(s) should it at any time become unsafe or in a state of disrepair will immediately (one hour or less) notify Tablescapes of the facts. Tablescapes agrees in its discretion to make the item(s) operable within a reasonable time, or provide you with a like item if available, or make a like item available at another time, or adjust the rental charges. This provision does not relieve you from the obligations imposed by other paragraphs, including 5 and 7. In all events, Tablescapes shall not be responsible for any injury or damage, including consequential damage resulting from failure or defect of a rented item(s).
- RETURN OF ITEM(S). The rented item(s) is Tablescapes’ property and is rented to you subject to these Terms for rental charges and the period noted on the related rental order. If you desire to extend the term of this rental beyond the time and date specified on the related rental order, you must immediately notify Tablescapes to obtain our approval, the terms for such extension and a modification of such rental order (see Paragraph 17). If this agreement has not been extended, and you fail to return the item(s) when due in, Tablescapes, to enforce its property ownership of the item(s) and to protect its interest under these Terms, may retake the item(s) at any time and to do so Tablescapes or its representatives may enter your property and you hereby waive any right of action against Tablescapes for such entry and retaking. Also, you acknowledge that the failure to return the rented item(s) within the time listed on the respective rental order and the sale or concealment of the rented item(s) are prohibited and that such action may constitute a crime. Tablescapes, in addition to any other action we may take, may notify the authorities and take other action, including the filing of criminal complaints subjecting you to prosecution.
- PAYMENT & FEES. You are responsible for rental charges as listed on the appliable rental order and other charges hereunder, including any sales, use tax or equivalent tax wherever such taxes may arise. The applicable sales tax rate will be determined based upon the state, county, or locality to which the rental items will be delivered or picked-up in person, as of the date of the event date. Tablescapes collects sales tax where legally required. All charges are due prior to the delivery of the item(s) and on-demand. If the rental charges are to be paid to someone other than the Renter, the Renter represents that such other person is the agent of the Renter and has the right to charge this rental; the Renter nevertheless will remain liable for the charges and the other obligations and responsibilities of the Renter hereunder. All rental items not returned by their return date will have extended rental charges assessed. Failure to have rental items available for Tablescapes’ pick-up will subject you to extended rental charges for each day the equipment is not available for pick-up. If equipment is not returned within three (3) days of the “Pick-up Date” as shown on the applicable rental order, such failure shall constitute an unauthorized taking and Tablescapes may consider such items converted and shall take all steps necessary to recover said equipment. You agree to authorize Tablescapes to charge your credit card for any damage or loss of equipment while in your possession not returned within 72 hours of the agreed rental return date.
- MINIMUM ORDER. Delivery orders require a minimum order size of Two Hundred Dollars ($200) (total items). The charge for the delivery is additional based on day, time and location. Additional charges will apply for non-ground floor delivery without an elevator, setup and breakdown of equipment. Orders may also be picked up and returned to our warehouse (will-call) at no minimum order size.
- METHOD OF PAYMENT. Tablescapes accepts all major credit cards (Visa, American Express, Mastercard, and Discover).
- COLLECTION COSTS. You agree to pay attorney fees, collection fees, court costs and any other expenses incurred in collecting any charges under this agreement, in retaking the rented item(s) or otherwise in enforcing the terms of these Terms.
- MODIFICATION OF CONTRACT. This paper represents our entire contract, and there are no collateral, oral, or other agreements outstanding. None of Tablescapes’ rights may be changed, and no extension of the terms of this contract may be made except in writing signed by Tablescapes and made a part of this contract.
- BUTANE & PROPANE EQUIPMENT. Notwithstanding Section 14, a certificate of liability insurance naming Tablescapes Acquisition, Inc. as its additional insured must be provided prior to the rental of any butane or propane equipment. You shall comply with all applicable laws and safety regulations regarding the use, storage, and handling of butane and propane as related to the rental items. You shall be solely responsible for maintaining the safety of such equipment for so long as it is in your possession. You agree to indemnify, defend, and hold harmless Tablescapes from and against all claims, damages, losses, costs, expenses and liabilities (including reasonable attorney fees) arising from or related to your use, storage, handling or possession of such rental items regardless of the cause of such claims.
- DAMAGE WAIVER. A twelve percent (12%) damage loss fee will be applied to rental orders unless waived in accordance with this Section 14. You may waive this fee by providing a certificate of general liability insurance naming Tablescapes Acquisition, Inc. as an additional insured before delivery. The insurance must be from a carrier with an A.M. Best rating of A- or better and cover the rental period and any equipment damage while in your possession. If you waive the damage loss fee by providing insurance, you release Tablescapes from liability for damages and accept full responsibility for any damages not covered by your insurance. If you do not provide the required insurance certificate or if coverage lapses during the rental period, you are agreeing to opt into the damage loss fee and you will be charged the 12% damage loss fee, covering accidental damage to rental equipment; this fee is non-refundable.
- CANCELLATION POLICY & FINAL COUNTS. All cancellations must be submitted in writing via email to re*****@*********es.com. Deposits on future orders are fully refundable up to 30 days prior to the event date, minus a $25 cancellation fee. Cancellations within 15-29 days before the event date will receive a refund minus 10% of the deposit or $50 (whichever is greater); 10-14 days before the event will receive a refund minus 15% or $100 (whichever is greater); and cancellations 4-10 days before the event will receive a refund minus 25% of the deposit or $200 (whichever is greater). All final counts are due by NOON, three (3) business days (Monday through Friday from 10:00 AM to 4:00 PM) prior to delivery (OUT) date. Cancellations with fewer than three (3) business days’ notice will be charged at full price. Any order placed or increased less than three (3) business days before delivery (OUT) date is subject to a rush processing charge. If applicable, cancellations will be subject to the process and handling fee as described in Section 16.
- PROCESS AND HANDLING FEE. If applicable, orders will include a three percent (3%) non-refundable processing and handling fee.
ENTIRE AGREEMENT AND ACCEPTANCE. By accepting a rental order, you acknowledge and agree to these Terms. These Terms constitute the entire agreement between you and Tablescapes and supersede all prior or contemporaneous understandings, agreements, negotiations, representation and warranties, and communications, both written and oral. Any additional or different terms you provide are rejected and the fulfillment of your order does not constitute acceptance of any of such terms and conditions and does not serve to modify or amend these Terms.
