The Premier party rental company in San Diego. Call us: 760.599.9949
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Miramar Rentals, Inc. (hereinafter "Dealer") hereby rents to the Renter, identified by execution of this reverse page of this contract (hereinafter " Rental Contract"), the personal property (hereinafter "Equipment") described on the reverse page of this Rental Contract, subject to all terms and conditions on either page of this Rental Contract, and the Renter, in consideration thereof, and as a condition precedent to use equipment , acknowledges and agrees as follows:
Rental and Term begins on the date & time specified as "Out" and terminates on the date specified as "Return Equipment By" unless amended in writing and signed by Dealer on the reverse side of this Rental contract. If renter desires to extend this Rental Contract beyond the date and time originally agreed upon, Renter shall immediately notify Dealer of this desire and obtain Dealer's approval and terms for the extension.
Rental Charges commence on delivery of Equipment to Renter until all the equipment is returned directly to Dealer and the return is verified by Dealer's notation on a copy of this Rental Contract. The rental fee does not include set-up or take down charges. Set-up must be arranged for in advance of delivery and a separate charge will be made. Additional service charge will be made if no one is there to accept delivery or pick-up. Renter agrees to pay the delivery charges, additional service charges, any and all sales use taxes, licenses fees and permit fees, that arise out of the leasing, use or sale of the Equipment to this agreement.
Deposit and Late Payment Fees. The purpose and intent of the deposit paid by Renter under this Rental Contract is to secure the payment of rental and to guarantee the full and complete performance of each of the terms, covenants, and agreements to be performed by Renter under this Rental Contact. Dealer may at its own discretion revert all charges to a daily rate if monthly statements or invoices are not paid in on due dates. Renter agrees to pay a late payment penalty at a rate of one an one half percent (1 1/2%) per month on all delinquent accounts.
Condition of Equipment. Renter acknowledges and certifies that he has, at the date and time specified as "Out" on the reverse side of this Rental Contract, received from Dealer the Equipment listed and identified on the reverse side of this Rental Contract. Renter also retirees and acknowledges personally inspecting the Equipment and declares that Renter has found it to be in working order, in unbroken condition at time of receipt and prior or use, and suitable for use by the Renter.
Return of Equipment. Renter, upon termination of this Rental Contract, will immediately return the rented Equipment, with all the attachments, accessories, and parts thereof to the address of the Dealer as listed on the reverse page of this Rental Contract, in the same condition the Equipment was received, ordinary wear and tear excepted. All Equipment, except lines, must be returned clean and dry or a charge will be added for items requiring cleaning upon return, which charges Renter to pay within ten 10 days of notice the charge.
Use of Equipment. The rented equipment is to be used by the Renter at the designated address listed on the reverse side of this Rental Contract for the Rental Term and to be used solely for the purposes for which said Equipment was manufactured and intended. Renter further agrees that he will not abuse, harm or misuse the Equipment. The Equipment will not be removed from the designated address, without the prior consent of Dealer. The Equipment will be used only by the Renter and/or the persons designated on the reverse side of this Rental Contract, and no other person without the prior consent of Dealer. If the Equipment is lost or damaged, Renter will pay Dealer the cost of replacement or repair of the Equipment lost or damaged at the sole discretion of Dealer.
Compliance with Laws. Renter acknowledges that Dealer has no control over the use of the Equipment by Renter, and Renter agrees, at his sole expense, to comply with all municipal, county, state and federal laws, ordinances and regulations, including the Occupational Safety and Health Administration Act of 1970 (OSHA) which may affect the Equipment while it is in the possession of and use by the Renter. Renter shall not permit any person who is not legally qualified to use the Equipment.
Equipment Becomes Unsafe or in Disrepair. Renter will immediately discontinue use if the Equipment should it at any time, while in the Renter's possession, become unsafe or in a state of disrepair, and Renter will immediately notify Dealer that the Equipment is unsafe and in disrepair. Until such time as Dealer has regained possession, the Renter agrees to take all steps reasonably necessary to discontinue use of Equipment and to prevent injuries to any person and property from the Equipment. Renter will not permit any repairs to be made or lien to be placed upon the Equipment without Dealer's written consent.
Indemnification of Dealer by Renter. Renter expressly agrees to define, indemnify and hold Dealer harmless from any and all claims, loss, costs, damages, attorney's fees and /or liability whatsoever to the Equipment, including the set-up, possession, use, maintenance or return thereof by Renter regardless of whether a lawsuit is filed.
Enforcement Expenses. Renter agrees to pay all legal costs, including attorney's fees incurred by Dealer to enforce its rights under this Rental Contract, in the event of Renter's breach of this Rental Contract, or to terminate or rescind this Rental Contract.
Disclaimer of Warranties. DEALER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, BUT WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ANY ASPECT OF INSTALLATION OR SET¬UP, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. Renter's sole remedy for any failure or defect of the Equipment shall be the termination of rental charges at the time of failure, provided that written notice of termination is immediately given to the Dealer and the Equipment is returned to Dealer within 24 hours after such failure or defect identification.
Title. Title of the Equipment is and shall remain in Dealer at all times, including the Rental Term under this Rental Contract.
Repossession of Equipment. If by any breach of terms and conditions of this Rental Contract by Renter, termination of this Rental Contract, insolvency of the Renter, or for any other reason, the Dealer believes necessary to regain possession of the Equipment, Dealer and its agents may retake the Equipment without notice or legal process, and may take all action reasonably necessary to regain possession.
Other. The failure of the Dealer at any one or more times to insist upon strict performance by the Renter of the conditions of this Rental Contract shall not be constructed as a waiver of Dealer's right to demand strict compliance at any other times. The paragraph heading used in this contract are for convenience only and are not to be used in construing the meaning or intent of any of the terms or provisions of this Rental Contract.
Entire agreement. This Rental contract contains the entire agreement among parties and supersedes all prior and concurrent oral and written agreements, understandings, commitments, representations and practices among the parties. This Rental Contract may only be amended by a writing executed by both Dealer and Renter.
Construction of Agreement. The provisions contained herein, shall not be constructed in favor of or against either party because that party or its counsel drafted this Agreement, but shall be constructed as if all parties prepared this Agreement.
TERMS AND CONDITIONS OF SALE (Applies only to Items Sold, Not Rented)
In consideration for the purchase of the Equipment described, by the undersigned (hereinafter "Buyer") from Dealer, upon the terms and Conditions, and for the price herein specified, it is agreed as follows: Buyer acknowledges that the only warranties provided with this Equipment are those provided by the manufacturer and that Dealer makes no warranties, express or implied to any matter whatsoever, including, without limitation, the condition of the Equipment, its merchant ability, or its fitness for any particular purpose. If the Equipment being sold is used equipment, it is being sold "As Is" and "With All Faults" basis.
1216 Liberty Way #B | Vista, CA 92081 | P 760.599.9949 | F 760.599.9948
Hours: M - F 9:00 AM - 5:00 PM
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