This is a rental agreement between Creative Coverings, Inc., and Nevada Corporation, 87 Coney Island Drive, Sparks, Nevada 89431 (“Lessor”), and the Customer (“Lessee”), as follows:
- PURPOSE – Lessee rents from Lessor all property described on the proposal.
- TERM – The term of this rental agreement shall be for a period described on the proposal.
- RENTAL FEE – Lessee will pay Lessor the sum equal to the total amount indicated on the proposal.
- USE – Lessee shall use the rented property only for a single event, unless otherwise agreed to by the parties in writing. Lessee shall not use the rented property for any other event, even if the event falls within the terms of this agreement.
- INSPECTION BY LESSEE – Lessee shall inspect the property within one day after receipt of such property. Unless Lessee within this period of time gives written notice to Lessor specifying any defect in or other objection to the property, Lessee agrees that it shall be conclusively presumed that Lessee has fully inspected and acknowledged that the property is in good condition and that Lessee is satisfied with and has accepted the property in such condition.
- LOSS AND DAMAGE – Lessee assumes all risk of loss and damage to the property from any cause, including, but not limited to wax and mold. Within 10 (ten) business days of the receipt of the returned property, Lessor will inventory and inspect the property. Such inspection will conclusively establish the condition of the property. No loss or damage to the property shall impair any obligation of Lessee under this agreement, which shall continue in full force and effect. In the event of loss or damage to the rented property, the Lessee shall pay Lessor the replacement value of the property as set by the Lessor. Returning linens with excessive soil or moisture may result in mold forming which may result in damaged linens, therefore make sure to remove excessive soil and dry the linens prior to returning. The replacement value is 4 times the rental value of the linens unless otherwise stated. Lost Linen Return Bags shall be charged at a value of $200.
- RETURN OF LEASED PROPERTY – On expiration or earlier termination of this agreement, with respect to the rented property, Lessee shall return the property to the Lessor in good condition, which shall be determined by the Lessor. Unless otherwise arranged by Creative Coverings, Inc, it is YOUR responsibility to arrange for pick-up of the linens you have rented and any associated fees with regards to the pick-up of the linens. Any linen not picked up by or dropped off to the assigned carrier on the Return Shipping Date may be subject to additional rental fees or expedited return shipping costs, based on their next scheduled use. Please use the included return shipping labels for your linens. If you are given any return shipping bags, all bags must be used and returned to the Lessor. Replacement value of any lost bags is $200.
- WARRANTIES – Lessee acknowledges that the rented property is of a style, quantity, design, capacity, and manufacture selected by Lessee. Linens will be within +/- 3% of the stated size. Due to dye lots variances, there are no guarantees regarding the colors of similarly labeled cloths. Lessor has not made and does not make any representation, guarantee, or covenant, express or implied with respect to the condition, quality, durability, suitability, or merchantability of the property.
- LIMITATIONS OF LIABILITY REMEDY & DAMAGES – Under no circumstances will the Lessor be liable for and incidental or consequential damages, or for any other loss, damage, or expense of any kind, including loss of profits arising in connection with this rental agreement. Lessor’s maximum liability shall not exceed and Lessee’s remedy is limited to either (i) Replacement of the defective property, or at Lessor’s option (ii) return of the property and refund of the rental price, and such remedy shall be Lessee’s entire and exclusive remedy.
- DEFAULT – Failure to comply with any provision in this agreement shall terminate Lessee’s right to possession of the property, but shall not impair any obligation of Lessee under this rental agreement which shall continue in full force and effect.
- ENTIRE AGREEMENT, FURTHER RIGHTS – This rental agreement contains the entire agreement between the parties and all prior negotiations, representations, and agreements are merged herein. This rental agreement shall not invalidate the remaining provisions of this agreement, but the remaining provisions may be enforced as though the invalid terms were not applied to this agreement. Further, the undersigned represent that they are duly authorized to execute this rental agreement on behalf of each of the respective parties hereto.
- ATTORNEY’S FEES – In the event of any action taken in relation to this rental agreement, Lessee, in addition to all other sums that Lessee may be called on to pay, will pay to Lessor a reasonable sum for Lessor’s attorney’s fees, court costs, and all other collection costs.
- CHOICE OF LAW; JURISDICTION; VENUE – Lessee agrees that this rental agreement will be deemed fully executed and performed in the State of Nevada and will be governed by Nevada law. Lessee agrees to be subject to the personal jurisdiction of the State of Nevada, and accept venue in any federal or state court in Nevada.
- FAX / EMAIL RENTAL AGREEMENT – A facsimile copy or email of this Agreement and any signatures hereon shall be considered for all purposes as originals and fully enforceable.
- CANCELLATION – If Lessee cancels this contract less than five business days before the shipment date, event date, or delivery date of the linens, whichever is earliest, Lessee shall pay Lessor seventy-five percent (75%) of the price as provided in Paragraph 3 of this rental agreement. Once linens have been shipped or delivered, whichever comes first, there will be no discount for unused linens.
- OWNERSHIP – The property rented is and shall at all times remain the sole property of the Lessor and Lessee shall have no right, title, or interest except as expressly set forth in this rental agreement.
- LATE RETURN – If Lessee fails to return the property within the time limits established in Paragraph 2 of this rental agreement, Lessee shall pay an additional rental fee for each day that the property is not returned. The daily rental fee will equal that fee established by the Lessor.