Terms and Conditions
- Customer agrees that all equipment rented from Unlimited Confetti and FX is not deemed returned until it is checked in, inspected and determined to be in good working order by a Unlimited Confetti and FX employee at Unlimited Confetti and FX’s warehouse address in Anaheim, California, even if customer hires Unlimited Confetti and FX to transport the equipment. Customer agrees that if any rented item is not returned by the due date, late fees will be charged on a daily basis for use of the equipment mirroring the price reflected on the clients invoice (this includes hold or wait days for weather, rushes. etc.) until the equipment is returned to Unlimited Confetti and FX’s place of business in Anaheim, California. Customer agrees to pay on demand, as a late fee, interest in the amount of one and one-half percent (1.5%) per month or the maximum legal rate. whichever is lower on all overdue payments hereunder, whether such payments are due prior to or after a default (as hereafter defined). Checks should be made payable to: Unlimited Confetti and FX.
- All Items of equipment will be returned by the agreed date in clean and working condition to avoid any additional charges. Conditions that prevent satisfactory use of the equipment do not relieve customer of any obligation to return the equipment or to make timely rental payments. Customer assumes all responsibility for the equipment while out of possession of Unlimited Confetti and FX. Customer shall be liable for any and all damage caused by, from, or resulting as a condition of possessing or using any rental equipment and or expendables on site. Confetti and streamers are dyed to achieve their color, certain chemicals can strip the dye off of the substrate materials and transfer color to other items. Keep dyed expendables (confetti, streamers, compression caps, tape…etc) away from solvents and chemicals (alcohol, chlorine…etc). Customer shall be liable for any loss, theft, damage or destruction of or damage to the equipment. Unlimited Confetti and FX agrees to give Customer notice of damaged or missing items of equipment no later than close of business three (3) full working days from the time rental equipment is returned to Unlimited Confetti and FX’s warehouse in Anaheim, Ca. Customer hereby agrees to fully compensate Unlimited Confetti and FX for the full retail value of any/all item(s) of equipment not returned or returned in a damaged or broken condition due to any cause whatsoever. Any item of equipment not returned for a period in excess of seven (7) days after the expected date of return. Without previous written consent from Unlimited Confetti and FX, will be deemed a total loss. Customer agrees to pay to Unlimited Confetti and FX damages that equal one hundred percent (100%) of the current list price of any item of equipment deemed to be a total loss hereunder customer further understands that ail fees or cost due to this transaction that become over 30 days past due will be reported to a collection agency, which may negatively affect Customer’s credit.
- Customer agrees to furnish at its own expense fully qualified personnel and equipment as required to properly unload, unpack and install the Equipment. Customer acknowledges that they have the duty to inspect the equipment prior to use and notify Unlimited Confetti and FX of any defects found. Unlimited Confetti and FX shall have the right but not the obligation to enter the premises where the equipment is located for purposes of inspecting it, ensuring that proper use is being made thereof and fulfilling any other obligations hereunder.
- Unlimited Confetti and FX’s entire liability and Customer’s exclusive remedy for damages from any cause whatsoever, arising under the agreement or related hereto, shall not exceed an amount equal to the price of the specific item of equipment or service which gives rise to the claim. The foregoing limitation of Customer extends to bodily injury or damage to real or tangible personal property for which Unlimited Confetti and FX is legally responsible. IN NO EVENT SHALL UNLIMITED CONFETTI AND FX BE LIABLE FOR ANY SPECIAL, INDIRECT INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE USE, PERFORMANCE OR MAINTENANCE OF THE EQUIPMENT OR MAINTENANCE MATERIALS. If Unlimited Confetti and FX furnishes Customer with advice, opinion, or assistance not specifically required by the Agreement, which concerns any item of equipment, service or other items supplied hereunder, the furnishing of such advice, opinion, or assistance shall not subject Unlimited Confetti and FX to any liability whether in contract, tort, warranty, or otherwise.
- It is expressly understood that this is a rental contract and does not involve a purchase agreement. Title to the Equipment shall at all times be vested in Unlimited Confetti and FX, and no right title or interest to the equipment shall pass to Customer other than the right to possess and use the equipment for the full rental term which right is conditioned upon Customer’s compliance with and fulfillment of the terms and conditions of the agreement. Customer shall immediately notify Unlimited Confetti and FX of any tax or other liens attaching to the equipment. Unlimited Confetti and FX and Customer hereby confirm their intent that the equipment always remain and be deemed personal property even though such equipment may hereafter become attached or affixed to realty. Customer shall obtain all such waivers as Unlimited Confetti and FX may reasonably be required to assure Unlimited Confetti and FX’s right to remove, and acknowledge Unlimited Confetti and FX’s title to, the Equipment, including any landlord. mortgagee or secured creditor wavers.
- Customer understands and accepts responsibility for the proper use of the equipment. Customer hereby agrees to ASSUME FULL RESPONSIBILITY AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE during any use. operation. or performance of the equipment. Customer agrees not to use any item of equipment that is damaged or needs repair and will be responsible for all damage to the Equipment resulting from abuse or neglect. Customer further agrees to compensate Unlimited Confetti and FX in rent for any time lost as a result of replacement or if Unlimited Confetti and FX has to make repairs to broken or damaged items of equipment. Accrued rental prices do not apply against repair costs, replacement cost or purchase price. Customer shall not permit any repairs to the equipment, or replacement of any part of the equipment, without the prior written consent of Unlimited Confetti and FX. Customer will pay for all unauthorized repairs and replacements parts, as well as the cost of removing any unauthorized alterations and restoring the equipment to its original state. Customer is solely responsible for obtaining all permits and other governmental authorizations required to use the Equipment.
- Customer HEREBY RELEASES AND DISCHARGES FOR ALL TIME Unlimited Confetti and FX, it’s officers, directors, employees, servants, agents, employees, shareholders, affiliates, Successors, Assigns, suppliers, and transferees from liability to the undersigned or anyone representing the undersigned for any loss or damages on, account of injury or damage or losses sustained by the undersigned or any representative, agent, or employee thereof including the death of any of these individuals. As a result of the use, operation or performance of the equipment whether caused by the negligence or any act of Unlimited Confetti and FX, and whether or not at or on the undersigned’s premises. Customer HEREBY WAIVES ANY CLAIMS AND DOES COVENANT NOT TO SUE UNLIMITED CONFETTI AND FX, or any owner, agent, employee, officer or director for any claim which Customer may now have or may acquire against said entities or any of their agents, representatives, or employees by reason or any injury or loss sustained, including death as a result of the use operation or performance of the listed equipment regardless of the cause thereof.
- Customer HEREBY AGREES TO PAY, AND ON DEMAND TO INDEMNIFY AND HOLD HARMLESS Unlimited Confetti and FX and its officers, directors, employees, servants, agents, shareholders, affiliates, successors, assigns, and transferees from and against any and all claims, damages, losses, liabilities, (including but not limited to, any claim or liability for strict liability in tort or otherwise), demands, suits, judgments, causes of action, and all legal proceedings, whether civil or criminal penalties, fines and other sanctions, and any costs and expenses incurred in connection therewith. including reasonable attorneys’ fees, which may directly or indirectly result from, relate to or arise out of the purchase, condition ownership, manufacture, testing, inspection, delivery, nondelivery, acceptance, nonacceptance. rejection, import, export, possession, control, storage, transportation, disposition, use or operation, of any item of equipment, or which may be cause by any malfunction or defect in any such item of equipment, latent or otherwise, arising from the material or any article used therein of from the design, testing or use thereof or from any maintenance, service, repair, overhaul, improvement, modification or alteration thereof, regardless of when such defect shall be discovered, whether or not such item of Equipment is at the time of the possession of Purchaser and wherever located. This indemnification shall continue in full force and effect during and after the term of the lease for causes arising during the term of this lease.
- Should customer choose to cancel an invoice for any reason after the initial estimate has been approved, a 50% cancellation fee applies to the invoice total. 50% of the invoice total is non refundable but may be used as credit towards a future invoice within one calendar year from the invoice date.
- From the commencement date until the return thereof of the relevant item(s) of equipment to Unlimited Confetti and FX, Customer shall bear all risks of loss or damage to such items of Equipment, no matter how occasioned and from any cause. Customer shall carry and maintain in effect, at its own expense, with insurers of recognized responsibility acceptable to Unlimited Confetti and FX, insurance covering the equipment rented hereunder for full replacement costs and for loss of rents on said equipment, from date of shipping, during Rental Term, until such Equipment has been returned to Unlimited Confetti and FX in Anaheim, California, including any damage to the equipment while in transit or storage. Such insurance shall cover all risks of physical loss or damage by fire, theft, water, act of vandalism or act of God. Customer shall provide to Unlimited Confetti and FX, upon request, appropriate Certificates of Insurance evidencing said insurance. Equipment may not be released without such evidence of coverage and is up to the sole discretion of Unlimited Confetti and FX. Workers Compensation coverage and employer’s liability insurance may be required and must be provided defense and indemnity on a primary basis to Unlimited Confetti and FX for damages, Injuries. and workers compensation benefits incurred by or claimed by Customer’s agents, employees and representatives. Customer shall immediately report to Unlimited Confetti and FX and its insurer any accident, and any process, pleading notice or paper of any kind received by Customer or any operator of the equipment relating to any claim, suit or proceeding connected to any accident or event involving the Equipment (an “Adverse Action”). Neither Customer nor any operator of the equipment shall aid or abet the assertion of any adverse action. Customer shall cooperate fully with Unlimited Confetti and FX and its insurer in investigating and defending against any adverse action.
- Any of the following shall constitute a default by Customer hereunder (“default”): (i) failure by Customer to pay any amounts hereunder when due, or (ii) failure by Customer to comply with any provisions of, or perform any of its obligations arising under, the Agreement or under any documents or agreements related hereto and such noncompliance remains not remedied by Customer for a period of seven (7) days, or (iii) any representations or warranties made or given by Customer in connection with this agreement that were false or misleading when made, or (iv) subjection of the equipment to levy or execution or other judicial process which is not or cannot be removed within thirty (30 days from the subjection thereof, or (v) commencement of any insolvency, bankruptcy or similar proceeding by or against Customer or any guarantor of Customer’s obligations hereunder (“Guarantor”) and in the case of any such involuntary proceedings, such is not dismissed within thirty (30) days of· institution, or (vi) any act of Customer that imperils the value of the equipment or the prospect of full performance of Customer’s obligations hereunder, or (vii) the death or dissolution of Customer or of any general partner of Customer if Customer is a partnership, or the inability of Customer or a guarantor to perform any obligations contained herein or in any applicable guaranty. Customer agrees that upon any Default, Unlimited Confetti and FX may, forthwith, repossess the equipment by use of any lawful means and exercise any other right or remedy which may be available to it. Customer agrees not to “charge back” any monies in any amount for anything paid via credit or debit card to Unlimited Confetti and FX. Customer agrees to pay a $50 fee per occurrence should they “charge back” any monies paid on a credit or debit card. Checks returned NSF will incur a $75 fee per occurrence.
- THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AND ANY DISPUTE BETWEEN UNLIMITED CONFETTI AND FX AND CUSTOMER ARISING OUT OF OR RELATED TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM, CONNECTION WITH THIS AGREEMENT, WHETHER ARISING IN CONTRACT TORT, EQUITY, OR OTHERWISE, SHALL BE RESOLVED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, ANY SUIT OR ACTION OF A PARTY HERETO AS PLAINTIFF AGAINST THE OTHER PARTY HERETO SHALL BE INSTITUTED IN A COURT OF COMPETENT JURISDICTION IN ORANGE COUNTY CALIFORNIA.