Thank you for choosing to rent from Belleadou Design, LLP. We sincerely appreciate your business and pride ourselves on offering the best service and quality supplies to create the best customer experience. We request that you please take a moment to review this letter, which contains important information regarding your rental.
Belleadou Design LLP ("Party Rental") and renting and/or purchasing party ("Customer") identified in the applicable Belleadou Design LLP. Event rental quotation, order, acknowledgment, invoice, or any other contract or agreement between Belleadou Design LLP. and Customer (individually and collectively referred to herein as "Contract"), agree to be bound by these Terms and Conditions of Rental and Sale ("Terms") for the materials, goods, and/or products (collectively, the "Goods") rented or sold to Customer according to such contract. Customer hereby agrees that it will be bound by these Terms and be responsible for orders placed on its behalf by an event coordinator, planner, representative, or agent of Customer, for which such Customer is identified on the contract as if such Customer placed such order directly with Belleadou Design LLP.
2. Acceptance/Sole Terms
The provisions set forth herein and the contract's provisions constitute all of the terms and conditions for Customer and Belleadou Design LLP regarding the Goods. Belleadou Design LLP's acceptance and shipment of the Customer's order are expressly made conditional on the Customer's assent to these Terms. Any terms, conditions, or provisions specified in any quotation or otherwise (whether oral, typed, written, or printed) that in any way change, modify, amplify, differ from, or add to these Terms or Belleadou Design LLP's Contract, are null and void and of no effect, even if (i) Belleadou Design LLP does not expressly object to such terms, conditions, or provisions, or (ii) such terms, conditions, or provisions are specified after such other documents. Customer hereby agrees that no terms additional to or deviating from these Terms shall become part of the contract unless and until written acceptance of such additional or deviating terms, signed by an authorized officer of Belleadou Design LLP, has been issued to Customer. Customer's acceptance of any Goods supplied by, or on behalf of, Belleadou Design LLP shall, without limitation, also be considered acceptance of these Terms.
3. Price and Payment
Payment is due in United States dollars on or before the date of delivery listed on the contract, except for Customers with specific net payment terms listed under the contract's billing terms. Prices stated are subject to change, and the Customer agrees that additional payments will be owed and payable to Belleadou Design LLP in the event of (i) alterations in specifications, quantities, designs, or delivery schedules or required labor for delivery to the specified location(s), (ii) untimely returned or unreturned rented Goods, or rented Goods returned, but in altered or damaged form, and (iii) legislation enacted by any level of government, including tax legislation, which increases the cost of producing, warehousing, purchasing, selling, or renting the Goods rented or purchased hereunder. Customer hereby agrees that Belleadou Design LLP may charge any credit or debit card or account provided by Customer for any such change in price resulting in a balance owed by Customer to Belleadou Design LLP. No discount will be allowed unless specifically set forth on the face of the contract. Written quotations will automatically expire thirty (30) days after their issuance unless terminated by Belleadou Design LLP upon notice to the Customer. Belleadou Design LLP reserves the right to increase the prices of its rental and sales offerings. The timing and amount of any price increase for any rental or sale Goods will be at the sole and exclusive discretion of Belleadou Design LLP. To the extent that a price increase may affect an unexpired written quotation provided by Belleadou Design LLP to Customer, Belleadou Design LLP may, in its sole and exclusive discretion, honor such quotation or terminate it by notice to Customer, with or without providing a new quotation to Customer.
4. Acceptance of Goods, Delivery, and Transportation
The customer shall inspect the Goods at the time of delivery. Unless Customer provides Belleadou Design LLP with notice of any claim, shortages of, or defects in the Goods, including without limitation any claim relating to quantity, weight, condition, loss, or damage thereto, at the time of delivery, such Goods shall be deemed finally inspected, checked, and accepted by Customer. The contract shall specify whether Goods shall be delivered to an indicated address or picked up by Customer. Belleadou Design LLP will determine the point of origin of any shipment. Belleadou Design LLP shall not be responsible for insuring shipments. The Customer is responsible for obtaining all permits, licenses, authorizations, and approvals from appropriate parties, companies, and/or government for the lawful and safe use and occupation of the location(s) to deliver the goods from which will retrieve the Goods. The Customer is further responsible for providing and obtaining safe and clear access to the delivery and retrieval location(s), including, without limitation, ensuring all packaged items can deliver through outside and indoor areas of ingress and egress. Belleadou Design LLP may refuse, without penalty to Belleadou Design LLP, delivery and retrieval of the Goods if the Customer fails to provide safe means of ingress and egress.
5. No Warranty
Belleadou Design LLP. Provides goods "as is" without express or implied warranty, including no warranty for merchantability or fitness for a particular purpose.
6. Limitation of Liability
Belleadou Design LLP's liability (whether under the theories of breach of contract or warranty, negligence, strict liability, or otherwise) for the goods shall be limited to repairing or replacing such goods found by Belleadou Design LLP. To be defective with new or reconditioned goods at Belleadou Design LLP's discretion, or at its option, to refund the rental or purchase price of such goods in partial or complete. The parties hereto explicitly agree that the Customer's sole and exclusive remedy against Belleadou Design LLP shall be for the repair or replacement of the defective goods or, with Belleadou Design LLP's consent, the refund of the purchase price. Customer hereby agrees that this exclusive remedy shall not be deemed to have failed of its essential purpose so long as Belleadou Design LLP is willing and able to repair or replace the defective goods in the prescribed manner or refund the price, in partial or full, for goods covered by the contract.
7. Disclaimer of Consequential and Incidental Damages
In no case will Belleadou Design LLP. be liable for the cost of procurement of substitute goods, damage to other property, loss of business or profits, loss of production, loss of use, or any other similar or dissimilar consequential, incidental, indirect, punitive, exemplary, or special damages even if Belleadou Design LLP has been advised of the possibility of such damages, which Customer or any other person, corporation, company, or other entity may suffer or claim to suffer or incur or claim to incur as a result of any defect in the goods. Consequential damages for purposes hereof shall include, without limitation, loss of use, income or profit, or losses sustained as the result of injury (including death) to any person or loss of or damage to property (including, without limitation, property handled or processed by the use of the goods). The Customer shall defend, indemnify, and hold Belleadou Design LLP harmless against all liability, cost, and expense which may be sustained by Belleadou Design LLP on account of any such loss, damage, or injury.
8. No Insurance
Unless otherwise expressly outlined in the Contract, Belleadou Design LLP is neither providing nor offering to provide, directly or indirectly, any first or third-party insurance coverage in connection with the rental or sale of the Goods to Customer.
Any sales, use, or similar taxes, tariffs, fees, or other levies, taxes, duties, governmental charges, or surcharges now or hereafter imposed under any present or future law in connection with the sale, delivery, use, or rental of the Goods, including without limitation any equipment, accessories, and attachments (including replacements thereof or spare or replacement parts thereof), any installation, repair, maintenance, and instructional services, shall be payable by Customer, and if such taxes or fees are paid or are required to be paid by Belleadou Design LLP, the amount thereof shall be added to and become part of the price payable by Customer hereunder.
10. Termination, Cancellation, and Modification
Except as otherwise provided herein or in the contract, orders cannot be terminated, canceled, or modified, or shipment deferred after acceptance of Customer's order by Belleadou Design LLP, except with Belleadou Design LLP's written consent and subject to reasonable charges for expenses incurred and work executed by Belleadou Design LLP. A "non-refundable" retainer of $______ is due at the initial booking and the balance on the pick-up or delivery day. The retainer will be deducted from the balance.
11. Damage, Destruction, and Loss
Customer acknowledges that in the event any rented Goods (including without limitation the equipment, chinaware, glassware, silverware, and other Belleadou Delivery LLP's property described in the contract) sustain any damage or destruction or are lost or stolen while under rent to Customer, Customer agrees to pay Belleadou Design LLP the costs for repair or replacement thereof according to Section 3 herein. Customer further agrees to accept full responsibility and liability, and Customer shall defend, indemnify and hold Belleadou Design LLP harmless for any injury to any other person(s), for any damage to the property of any other person(s), and any other loss that may result through the use or misuse of the Goods. Belleadou Design LLP is not responsible for any damage or liability incurred by handling the Customer's or other person's personal property.
12. Return of Rented Goods
The customer shall return all rented Goods to Belleadou Design LLP at the time, date, and place designated in the contract. Customer shall return all rented Goods in the same condition and manner as Customer received them, including, without limitation, placed in the same packaging, folded and racked in the same manner, and/or cleaned, rinsed, and wiped down as received. The Customer shall be responsible for the safe and secure storage of all rented Goods awaiting retrieval. Customer agrees and acknowledges that if Customer fails to return all rented Goods to Belleadou Design LLP at the time, date, and place designated in the contract or if Customer fails to make all rented Goods available for pickup at such time, date, and place, then Customer is subject to additional service charges according to Section 3 herein, including without limitation Belleadou Design LLP's consequential and incidental damages regarding any such attempt by Belleadou Design LLP. to retrieve the rented Goods and the procurement, retail, shipping, handling, fulfillment, and/or replacement of such rented Goods.
Customer shall hold harmless, defend, save, and indemnify Belleadou Design LLP and its agents, employees, officers, directors, and its respective heirs, assigns, successors, and executors from and against any liability, claims, demands, whether groundless, false, or fraudulent, costs (including expert and attorney's fees), damages, losses, judgments, or awards, brought by a third party or parties arising out of or in any way connected with any act or omission of Customer. The duty to defend, as provided here, is separate and distinct from the duty to indemnify. It shall arise immediately upon the tender of any third-party claim or demand and shall continue until it is conclusively proven that there is no possibility for indemnity.
14. Rental Item Wear
Due to the nature of our business, our items are frequently rented and cleaned. While we strive to give you the best quality products every time, please note that there may be signs of "ordinary wear and tear" and that we cannot guarantee new or like-new quality.
15. Entire Contract
Customer and Belleadou Design LLP hereby agree that these Terms, along with the contract, shall constitute the entire agreement between Customer and Belleadou Design LLP, and no prior or contemporaneous oral or written statement, correspondence, sample, or other terms, quotations, or understandings shall modify, alter, or in any way affect the terms thereof.