Pacific Tent Manufacturing and Event Rentals, Inc DBA Paciﬁc Tent TERMS AND CONDITIONS
This contract constitutes the entire Contract and the parties are not bound by any oral expression or representation by any agent of either party purporting to act for on behalf of either party or by any commitment or arrangement not speciﬁed in the Contract.
Paciﬁc Tent agrees to do alt work and/or deiiver the goods provided in this Contract in a good and workmanlike manner, but shall not be responsible for delay or failure to perform work and/or deliver the goods when such a delay or failure is due to Acts of God, war. strikes, government prohibition, non-insurance of all required permits affecting construction, delays caused by other contractors, or reasons beyond its control.
Customer will take all necessary precautions regarding any items rented and protect all persons and property from injury or damage. Customer agrees to indemnify and hold harmless Paciﬁc Tent from and against all liability, claims, judgments, attorney fees and costs of every kind and nature, including. but not limited to, injuries or death to persons or damage to property. arising out of the use, delivery, maintenance, installation, instruction. operation. possession, ownership or rental of items rented, however caused.
Customer is fully aware and acknowledged there is risk of injury or damage arising out of the use or operation of the items rented/soled hereunder and hereby elects to voluntarily enter into this rental/saie agreement and assume all of the above risks of injury or damage. Customer agrees to release and discharge Paciﬁc Tent from any and all responsibility or liability for such injury or damage arising out of the use of the items rented/sold and customer further agrees to waive, release and discharge any and all claims for injury or damage against Paciﬁc Tent which Customer may otherwise be entitled to assert.
No additional work shall be done without the prior written authorization of Customer and Paciﬁc Tent. Any such authorization shall be on a change order form showing the agreed terms and reasons for such changes and shall be approved and signed by both parties, and such change order form shall be incorporated in and become part of. this Contract. Where such additional work is added to this contract, it is agreed that the total price under this contract shall apply equally to such additional work.
There are no warranties. express or implied, that the goods and materials sold or leased hereunder shall be merchantable or ﬁt for any purpose whatsoever. No employee or agent has the authority. express or implied. to waive or modify the provisions of this paragraph in any manner whatsoever. All goods are delivered on an “as is” basis and Customer acknowledges receipt of all items listed hereunder and that such items are in good working order and repair and that Customer has been instructed in the proper operation and use thereof.
When goods are shipped, titled to the goods passes to the Customer and Paciﬁc Tent’s liability as to delivery ceases upon making delivery of the goods to carrier at the F.O.B. shipping point in good condition. Customer acknowledges that goods and maten‘als delivered were inspected at the time of deliverylwill call. If Customer is not present at time of delivery/pick up, Customer accepts Paciﬁc Tent’s count and accepts responsibility for any lost or damaged equipment.
Customer shall be responsible for all damage to rented items not caused by ordinary wear and tear. A cleaning charge may be imposed for items returned unclean. Customer is fully responsible for Any Damages made to equipment including; Vandalism, Mother Nature, Negligence.
Unless otherwise speciﬁed in writing, payment is due in full upon completion of the project. If the Contract calls for progress payments and Customer fails to make any progressive payment required under the Contract on time, Paciﬁc Tent shall have the option to rescind the contract or declare breach of contract. In the event of recession or declaration of breach of contract. Customer shall promptly pay Paciﬁc Tent the reasonable value of work completed on the project as measured by the Contract price, plus all Paciﬁc Tent damages inciuding loss of proﬁt. Until all payments hereunder are fully paid, title and right of possession to all materials, parts, etc. used by Paciﬁc Tent shall remain with Paciﬁc Tent.
If the Contract calls for payment to be made in part or in full by “trade”. Customer agrees such trade shall be exchanged at commercially competitive pricing. in the even of subsequent Customer default: the outstanding value of the trade balance shall be paid in cash. Additionally, Customer shall be responsible for any and all reasonable fees, including reasonable attorney’s fees. incurred by Paciﬁc Tent to enforce the terms and conditions of this contract.
In case of any dispute arising under this Contract. all costs, including ﬁling fees and reasonable attorney’s fees will be paid to the party prevailing in litigation. Customer agrees to pay all costs and reasonable attorney’s fees incurred in the collection of all past due invoices and accounts.
No goods shall be returned to Paciﬁc Tent without prior written notice from Paciﬁc Tent. All returned goods shall be subject to a 25% handling fee which shall be paid prior to acceptance of any returned goods.
Reservations must be cancelled at least 48 hours prior to scheduled delivery date. Reservations cancelled within 48 hours from the scheduled delivery date will incur a 25% restocking charge. ReseNations/Equipment canceiled after the delivery truck has been loaded will incur a 50% restocking charge. Reservations/Equipment cancelled after the delivery truck has left Paciﬁc Tent will incur a 100% restocking charge.
Customer is responsible for any necessary permits that may be required unless otherwise arranged with Paciﬁc Tent in writing.
Customer is responsible for notifying Paciﬁc Tent in writing of any main lines prior to staking. Customer expressly agrees that Paciﬁc Tent is not responsible for any underground damages due to driving stakes into the ground.