RENTAL TERMS AND CONDITIONS
This Terms and Conditions (hereinafter referred to as “Agreement”) is entered into between DMV RENTAL, LLC 7329 Lockport PL, Lorton VA 22079 (hereinafter referred to as the “Company”) and you (hereinafter referred to as the “Client”) together herein referred to as “parties”.
In exchange for your payment of the fees herein, we agree to provide rental services to you as described in the proposal.
WHEREAS you have willingly agreed to be legally bound by the following terms and conditions; –
- Term
You agree to be bound by the following Terms and obligations until either of us terminates the service.
- Services and Fees List.
You agree that we shall provide renting services to you.
The renting services we will provide and their respective fee list which is included in the proposal to the extent appropriate:
- A description of the rental to be provided by us;
- Any tasks, services, and deliverables to be provided by us during the course of the engagement;
- The date of the Rental; and
- The fees associated with you renting the property.
- Payments.
You will make payments via credit card of all fees and expenses that are due and payable in accordance with the terms of this Agreement and the proposal. You shall provide and maintain a valid credit card with us at all times.
In the event of any loss or damage to any of the items in the rentals or if we incur any additional fees or expenses related to this Agreement, you will compensate us through the credit card.
In the event you terminate the booking before the date scheduled for the renting, you will forfeit the deposit amount. Any amount that is not paid when due shall accrue interest at the rate of 1.5% per month.
- Rush Fees.
If you confirm the rentals 10 days or fewer before the delivery date or will-call date, you will incur a 15% rush fee.
- Changes.
You agree that in case of any changes to the rental schedule, the same shall be communicated to us at least five days prior to enable us to make the necessary arrangements.
In case of any customization, you must pay in full before the service begins. Payments of which are non-refundable.
- Transportation Charges
You may require transportation which includes delivery, labor, assembly, installation, and returns to and from the designated location. The fees will be the standard delivery charges which shall include deliveries and pick-ups Monday through Friday from 9:00 am to 5:00 pm.
Deliveries outside these times, delivery time windows of less than 3 hours, or deliveries involving stairs, elevators, or a distance of over 50 yards from the unloading point are considered non-standard and the delivery costs shall be in addition to the fees set forth in the proposal.
- Force Majeure.
We shall not be deemed to be in default of or to have breached any provision of these terms as a result of any delay, failure in performance, or interruption of Service resulting directly or indirectly from acts of God, terrorism, insurrection, civil disturbance, actions of the government in its sovereign capacity, res, epidemics, interruptions in telecommunications, or Internet services or network provider services, or any other occurrence beyond our reasonable control.
In the case of inclement weather or other events or Acts of God, which are beyond our control, events which will reasonably interfere with our ability to safely deliver or pick up, as the case may be, the rented property, we will attempt to provide prior to, and as close to the original delivery date and time, as possible.
We will issue to you a reasonable notice of the occurrence of such event or events, and you will have the following options; –
- accept the earlier delivery date; or
- cancel the Rental in which event, we shall issue a 50 percent refund of the net balance.
In the event of forecasted rain for outdoor rentals (50% or greater likelihood of rain predicted), you may cancel the order that would be damaged by rain, provided that the said cancellation is made to us in writing within 48 hours of the delivery. You shall be refunded 50% of the deposit.
- Termination.
We retain the right to terminate this Agreement at any time and without the necessity of advanced notice if; –
- You breach the terms herein, including failure to timely respond to requests for information or,
- We determine that it would be unable or impracticable to fulfill your request at our sole discretion.
- Limitations on Liability.
You agree that under no circumstances shall we be held liable for any consequential, incidental, indirect, exemplary, special, or punitive damages, regardless of whether the claim giving rise to such damages is based upon breach of warranty, breach of contract, negligence, tort, or other theory of liability, even if we have been advised of the possibility thereof.
- Damages.
Our cumulative liability to you for any and all causes of action arising out of or relating to this Agreement or any and all attachments, schedules or proposals, shall not exceed, in the aggregate, the lesser of one-half (1/2) of the sum of the fees paid by yourself to us pursuant to the Proposal, or One Thousand Dollars ($1,000.00), regardless of whether the claim giving rise to such damages is based upon breach of warranty, breach of contract, negligence, tort, or other theory of liability.
- Indemnification.
You agree to indemnify, defend, and hold us harmless and our members, managers, affiliates, employees, contractors, and third-party agents, at your own cost and expense, from and against any and all liabilities, damages, losses, claims, demands, causes of action, debts, costs, and expenses, including attorneys’ fees, court costs, and pre-and post-judgment interest to the extent the same is based upon a claim; –
- That you have breached any of your representations, warranties or obligations hereunder; or
- That arises out of your negligence or misconduct; or
- Emerging from the actions or failures of you and/or the third party for any reason whatsoever.
- Warranties.
All the rentals provided hereunder shall be provided by us “as is.” We make no express, implied, or statutory warranties of any kind, including any warranty of merchantability or fitness for a particular purpose.
We hereby disclaim any and all other warranties that may be implied from the usage of trade, course of dealing, or course of performance.
- Relationship.
You agree that our relationship is that of an independent contractor. Nothing herein contained shall be deemed or construed to create the relationship of partnership, joint venture, or employment.
- Marketing.
You agree that we may use the Client’s name, trade names, social media handles, and photos at our discretion for marketing purposes.
- COVID-19.
You may reschedule your rental date as a result of the COVID-19 pandemic and apply your Deposit amount to a new rental date. However, specific inventory items on your Rental Order may not be available for the rescheduled date, and delivery/labor prices are subject to change for the new rental date. Rescheduled orders must be equal to or greater value than the original contracted amount. Clients rescheduling their rental date for a second time due to COVID-19 will be charged a 10% rescheduling fee which shall be due upon confirming the new rental date.
- Availability.
Due to the unique nature of the items, they may be unavailable for any reasons outside of our control. We therefore make no guarantee that a specific piece of property will be available on the rental date. However, we shall use all commercially reasonable efforts to provide the requested property to you or, if an item is unavailable on the rental date, we will use commercially reasonable efforts to provide a suitable replacement which in our sole discretion is similar, design, and style.
- Taxes.
You agree to pay any applicable sales and use taxes and any other comparable taxes which arise from this engagement.
- Modification
In case of any modification to the terms of this Agreement, the same shall be binding once you have signed the same.
- Severability.
Suppose any provision of the Agreement is held by a court of competent jurisdiction to be void or unenforceable. In that case, such a court may interpret any such provision to the fullest extent of the law. The remaining provisions shall remain in full force. They will be read and construed as if the void or unenforceable provisions were initially deleted or modified as provided by such court.
- Assignment.
You may not transfer any of your rights and obligations under this Agreement without our prior written consent. The Terms under this Agreement shall be binding upon us and our permitted successors and assigns.
- Waiver.
The waiver by either of us of the breach of any provision of these Terms by the other shall not operate or be construed as a waiver of any subsequent or other violations by that other party.
- Governing law.
The terms in this Agreement shall be governed by, and construed in its entirety in accordance with, the laws of the State of Virginia.
- Dispute/Conflict Resolution.
Any suit involving a dispute or matter arising under this Agreement may only be brought in a court with proper jurisdiction.
You hereby waive the right to a trial by jury in any proceeding brought by us in connection with any matter arising out of or in any way connected to this Agreement.
IN WITNESS WHEREOF, you have agreed to these terms and conditions by executing, on the day and year set forth below.
CUSTOMER CARE & USE GUIDE
General Treatment Obligations.
You recognize that the rental property is owned by us and that you are obligated to protect the rental property from any damage, destruction, and theft. Accordingly, you shall use the rental property in a careful, proper, and lawful manner.
Upon return, the rental property shall be received in the same condition as you received it and you hereby assume all risk of loss and damage to the rental property from any cause whatsoever. If the rental property is returned in an unclean condition, you agree to pay a Two Hundred Fifty and 00/100ths Dollar ($250.00) cleaning fee per rental property line item, in addition to any other applicable fees. Unrepairable, lost, or unreturned items will incur a fee of 5x the rental cost of the item.
Protection from Weather.
You shall protect the rental property from rain, snow, and any other adverse weather conditions and secure the rental property from damage when it is not in use. You shall not permit any rental property to remain outside overnight and all rental property must be safely stored inside or under a tent with a floor and away from the perimeter of the tent when it is not in use. You shall not permit any rental property to become wet by way of rain, dew, snow, frost, or any other source of moisture.
If we determine, at our sole discretion, that inclement weather might damage the rental property is imminent, we reserve the exclusive right to restrict the rental property from outdoor use and may also refuse to deliver any rental property that may be damaged by the inclement weather. You will receive no refund for a rental property that is not set up or delivered due to the threat of rain or inclement weather.
China, Flatware, Glassware.
You acknowledge that china with gold rims may not be cleaned in an automatic dishwasher, be placed in microwaves, or heated in any way. China, flatware, glassware, and teacups must be hand-rinsed with potable water, wiped free from all food and beverage remnants, and dried after use.
China, flatware, glassware, and teacups must be packaged for return to us, in the same manner, they were received by you. All china must be stacked vertically in milk crates with a foam cushion on the bottom and bubble wrap on the sides to ensure that the items cannot move or be damaged.
Farm Tables.
Farm tables must be returned to us free from any candle wax on their surface. You will be charged $25 for every table with wax on it.
Optional Damage Waiver.
You will be charged 5x the rental cost if an item is damaged or destroyed if you do not have a Damage Waiver. You may elect to pay for a Damage Waiver, which shall equal to the greater of:
- 12% of the Rental Cost; or
- $49 (the “Damage Waiver”).
The Damage Waiver covers wear and tear from normal use like stains, spills, and minor scratches. If you purchase the Damage Waiver, we will waive our right to recover from you the cost required to repair or replace rented items that are damaged while in your possession, provided you immediately notify us of any damage. The Damage Waiver does not absolve you from liability for loss to rental property caused by neglect, abuse, vandalism, theft, mysterious or unexplained disappearance, or damage due to weather. Further, the Damage Waiver will not cover damage to china or glassware to the extent that 12% or more of such particular item is damaged or lost. The Damage Waiver is not refundable. For the Damage Waiver to apply, all damaged rental property must be physically returned to us.
Personal Transportation Services.
You must notify us in writing if you wish to personally transport the rental property to the designated location. In such cases, you shall furnish a cargo van or box truck. The use of pick-up trucks or open trailers is prohibited. We reserve the right to refuse to permit you to transport the rental property if we, in our sole discretion, believe that your vehicle or means of transportation will cause damage to the rental property.
You shall provide moving blankets and ratchet straps to securely and safely transport the rental property. Upholstered furniture must be wrapped in plastic before it is transported back to us. All moving materials rented from us must be returned to or you will be charged the replacement cost of such materials.
All rental property must be picked up from our warehouse within the “Delivery Window” and must be returned to the warehouse within the “Return Window.” The Delivery Window and Return Window are specified on the Proposal. You will incur a late charge of Forty-Nine and 00/100ths Dollars ($49.00) for each hour outside of the Delivery Window or Return Window that rental property is not retrieved or returned. You will incur extended rental charges of Two Hundred Ninety-Nine and 00/100ths Dollars ($299.00) per item of rental property for every twenty-four (24) hour period outside of the Return Window.
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