PHYSICAL CONDITION OF RENTAL ITEM(S)
You acknowledge that prior to 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 this contract. It is your responsibility to return the rented
item(s) to Aardarc Welding & Fabricating Inc. in the same
condition, except for ordinary wear and tear.
USE OF THE ITEM(S)
You agree that you are satisfied with the instructions given by Aardarc
Welding & Fabricating Inc. in the proper and safe manner of using
the item(s). 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 is prohibited.
STRATEGIC PLACEMENT
We do not promise that we can accomodate strategic placement of our
smokers/grills. We will place the unit where our vehicle will fit
without doing damage to your property or to ours. Strategic placement
is $50.00 additional charge. We reserve the right to refuse such
service.
RESPONSIBILITY FOR USE AND DISCLAIMER OF WARRANTIESYou 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 Aardarc Welding & Fabricating Inc. harmless
from, and hereby release Aardarc Welding & Fabricating Inc. from,
any and all claims for damage to property or bodily injury (including
death) resulting from the use, operation or possession of the itern(s),
whether or not it be claimed or found that such damage or injury
resulted in whole or in part from Aardarc Welding & Fabricating
Inc.'s negligence, from the defective condition of the item(s) or from
any cause.
YOU AGREE THAT NO WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE HAVE BEEN
MADE IN CONNECTION WITH THE EQUIPMENT 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). Failure to return rented property under the terms
of this contract may subject the Renter to criminal prosecution.
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,
and will immediately (one hour or less) notify Aardarc Welding &
Fabricating Inc. of the facts. Aardarc Welding & Fabricating Inc.
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 4 and 6. In all events, Aardarc Welding
& Fabricating Inc. shall not be responsible for any injury or
damage, including consequential damage, resulting from failure or
defect of a rented item(s).
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
this contract.
MODIFICATION OF CONTRACT
This paper represents our entire contract, and there are no collateral,
oral, or other agreements outstanding. None of Aardarc Welding &
Fabricating Inc.'s rights may be changed and no extension of the term
of this contract may be made except in writing signed by Aardarc
Welding & Fabricating Inc. and made part of this contract.
DAMAGE WAIVER
If you pay the damage waiver charge (DWC) as specified, subject to the
limitations and exclusions below, Aardarc Welding & Fabricating
Inc. agrees to modify the terms of this contract and relieve you of
liability for accidental damage to the rented item(s) on this contract,
and for loss due to fire, windstorm, upset, and riot. We exclude from
this waiver, however, any loss or damage due to theft, burglary, misuse
or abuse, theft by conversion, intentional damage, mysterious
disappearance or any loss due to your failure to care for the rental
item(s) as a prudent person would his/her own property. If any such
loss tends to indicate a crime may have been committed, a further
condition of this waiver is that you must file a report to the proper
law enforcement authorities and furnish us a copy. In addition, if you
have insurance for the loss or damage, you shall exercise, and shall
empower us to exercise, all your rights to obtain recovery under
insurance, shall cooperate with Aardarc Welding & Fabricating Inc.
to obtain recovery and all insurance proceeds shall be given or
assigned to Aardarc Welding & Fabricating Inc.
Aardarc Welding & Fabricating Inc. reserves the right to deliver the smoker/grill 1 or 2 days in advance. In such instances, we will only charge for the actual rental date(s).
Aardarc Welding & Fabricating Inc. reserves the right to deliver the smoker/grill 1 or 2 days in advance. In such instances, we will only charge for the actual rental date(s).
- Out of Area charge is from $51 to $150 depending on the mileage to the delivery destination.
- Cancellation must be within 5 days prior to rental date, If cancellation takes place after 5 days of rental date you will be charged a cancellation fee of $50.
- There is no clean up charge!
- Return check charge will be $35 or 5%, whichever is greater.
- Payment due upon pickup or delivery, no billing!