This Agreement is entered into on _______________ between DMV RENTAL, LLC 7329 Lockport PL, Lorton VA 22079 (hereinafter referred to as the “Company”) and _________________ (hereinafter referred to as the “Client”) together herein referred to as “parties”.
WHEREAS the parties have willingly agreed to be legally bound by the following terms; –
The parties have agreed to be bound by the Terms and obligations for a period of ______________.
- Services and Fees List.
The parties herein agree that the Company shall provide renting services to the Client.
The renting services to be provided and their respective fee list is as follows; –
Parties agree that all fees and expenses that are due and payable in accordance with the terms of this Agreement shall be paid by the Client via cheque.
In the event of any loss or damage to any of the items in the rentals or if the Company incurs any additional fees or expenses related to this Agreement, the Client will compensate the Company.
If the Client terminates the booking before the date scheduled for the renting, the Client will forfeit the deposit amount.
Parties agree that in case of any changes to the rental schedule, the same shall be communicated to the Company at least five days prior to enable the Company to make the necessary arrangements.
- Force Majeure.
The Company 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 its reasonable control.
In the case of inclement weather or other events or Acts of God, which are beyond the control of the Company, events which will reasonably interfere with the Company’s ability to safely deliver or pick up, as the case may be, the rented property, the Company will attempt to provide prior to, and as close to the original delivery date and time, as possible.
The Company agrees to give the Client reasonable notice of the occurrence of such event or events, and the Client has the following options; –
- accept the earlier delivery date; or
- cancel the Rental in which event, the Company shall issue a 50 percent refund of the net balance to the Client.
The Company may terminate this Agreement at any time and without the necessity of advanced notice if; –
- The Client breaches the terms herein, including Client’s failure to timely respond to requests for information or
- The Company determines that it would be unable or impracticable to fulfill the Client’s request at its sole discretion.
- Limitations on Liability.
The parties herein agree that under no circumstances shall the Company be 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 the Company has been advised of the possibility thereof.
The Company’s cumulative liability to the Client 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 the Client to the Company 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.
The Client agrees to indemnify, defend, and hold harmless the Company and its members, managers, affiliates, employees, contractors, and third-party agents, at the Client’s 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 Customer has breached any of its representations, warranties or obligations hereunder; or
- that arises out of the negligence or misconduct of Client; or
- emerging from the actions or failures of any client and/or the third party for any reason whatsoever.
All the rentals provided hereunder shall be provided by the company “as is.” The Company makes no express, implied, or statutory warranties of any kind, including any warranty of merchantability or fitness for a particular purpose.
The Company hereby disclaims any and all other warranties that may be implied from the usage of trade, course of dealing, or course of performance.
The parties herein agree that their 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.
The parties agree that the Company may use the Client’s name, trade names, social media handles, and photos at the Company’s discretion for marketing purposes.
The Client may reschedule their rental date as a result of the COVID-19 pandemic and apply their Deposit amount to a new rental date. However, specific inventory items on Clients’ 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.
Due to the unique nature of the items, they may be unavailable for any reasons outside of the Company’s control. Therefore, the Company makes no guarantee that a specific piece of property will be available on the rental date. However, the Company shall use all commercially reasonable efforts to provide the requested property to the Client or, if an item of the Company is unavailable on the rental date, the Company will use commercially reasonable efforts to provide a suitable replacement which in the Company’s sole discretion is similar, design, and style.
The Client agrees to pay any applicable sales and use taxes and any other comparable taxes which arise from this engagement.
In case of any modification to the terms of this Agreement, the same shall be binding once both parties have signed the same.
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.
The Client may not transfer any of its rights and obligations under this Agreement without the Company’s prior written consent. The Terms under this Agreement shall be binding upon the parties and their permitted successors and assigns.
The waiver by either of the parties of the breach of any provision of these Terms by the other party 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.
The Client hereby waives the right to a trial by jury in any proceeding brought by the Company in connection with any matter arising out of or in any way connected to this Agreement.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement, as of the day and year set forth below.
|Signed by the COMPANY; – Signature: ………………………………… Name: …………………………………….. Date: ………………………………………||Signed by the CLIENT; – Signature: …………………………………………… Name: …………………………………………………. Date: ………………………………………|
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