RENTAL TERMS AND CONDITIONS
This Terms and Conditions (hereinafter referred to as “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 you have willingly agreed to be legally bound by the following terms and conditions; –
You agree to be bound by the following Terms and obligations for a period of ______________.
- 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 is as follows; –
You will make payments via cheque of all fees and expenses that are due and payable in accordance with the terms of this Agreement.
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.
In the event you terminate the booking before the date scheduled for the renting, you will forfeit the deposit amount.
- 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.
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.
- 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.
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.
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.
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.
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.
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.
You agree that we may use the Client’s name, trade names, social media handles, and photos at our discretion for marketing purposes.
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.
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.
You agree 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 you 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.
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.
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.
|Signature: ………………………………… Name: …………………………………….. Date: ………………………………………|
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