This describes sections T/C-1 and T/C-12 and is
part of and attached to the EVENT ORDER (EO) between the PARTIES.
It is in addition to and not in lieu of any other terms or
conditions. Definitions of terms used herein are as provided
in the T/C’s. |
RENTER RESPONSIBILITIES |
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TAKE A MOMENT TO LEARN
HOW TO USE & CARE FOR THE EQUIPMENT YOU RENT.
To indicate the importance, the
very first clause (T/C-1) of the contract you sign to rent items and
get services from AEG covers the responsibilities required of you as
RENTER. You are receiving equipment worth many times what your are
renting if for - you must make sure it is placed and used correctly
and protected. Self-service guides are provided to help you with
this, but AEG has no responsibility to teach these tasks to you or
even mention it to you since you sign you have read them when you
contract.
Problems can occur if you do not do what is needed and you agree to
either cancel the troublesome items at the current cancellation fee
(could be 100%) or pay the costs needed to correct the issues at
emergency call-out rates. This can be expensive, so be sure to
complete your DUE DILIGENCE and USER RESPONSIBILITIES. |
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Make
sure you have done ALL your DUE DILIGENCE before signing a
contract. Check us out, come into the warehouse, look at the
items you want to rent and meet the staff. Once you sign a
contract, you are bound to it - no later issues, claims or
distrust can change that. You can cancel a contract anytime,
but will have to pay the current contract cancellation fee
and for all special order items, purchases, contract fees,
insurances and services already rendered. These have a 100%
cancellation fee.
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Come
into the warehouse again 4-10 days before delivery to look
at the actual items to be delivered to your event to make
sure everything meets your needs. You can modify your
contract with different items if you wish.
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Send us
a clear and detailed SITEMAP. See:
https://sitemap.amerevent.com. Them mark the ground for
the 4-corners where any tent or large item is to be placed
with paint, flags or tape. If stakes are to be driven, you
must call the State 1-Call system to have utilities marked
and mark any private buried utilities also.
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Follow
the preparation and maintenance steps in the handouts given
at:
https://www.amerevent.com/tentuse
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When
renting a tent MAKE SURE you have the correct type and size.
Use information and calculations given at
https://www.amerevent.com/TENTS/calculator.shtml.
You are SOLELY responsible for what you actually order!
Always clearly say if you plan to have tables, chairs, dance
floors, serving tables, lighting or sidewalls. (NOTE: Due to
cross-liability claims other vendors' equipment cannot be
placed under our rented tents without a waiver. Be sure to
request this.)
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You
cannot use the rentals early (before the RENTAL START TIME)
or have people other than your one representative or
laborers you contracted to provide) within 50-ft of the
setup location with work is going on. It is a construction
site. You cannot put other vendor's equipment within AEG
equipment (or vise-versa) due to cross-liability claims
unless you notify us and consent is given.
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While we
do not mind if you setup your own lighting, decorations and
other items after the main construction is done by our
crews, this cannot be expected or demanded. If you must have
time for your own pre-event needs --- add an extra day to
the rental. It only costs about 15% of the first day cost.
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TENTS
ARE NOT STORM SHELTERS. You must immediately vacate everyone
from within a tent and within at least 20-ft outside a tent
if a storm or winds greater than 30-MPH are possible. It is
understood it is safer to shelter inside a well constructed
building or even a vehicle than within a tent and it is
agreed tents are not storm shelters!
ACTUAL CONTRACT WORDING:
T/C-1. AGREEMENT TO RENTER RESPONSIBILITIES. RENTER agrees: (a)
they have reviewed, understand and agree to; (b) they do not
need explanation or reminder of and (c) they are solely
responsible for and shall hereinafter meet all requirements of
this T/C-1 (hereinafter altogether known as “RENTER
RESPONSIBILITIES”). RENTER agrees to and affirms as follows: (1)
they will continually meet the requirements of T/C-12 “DUE
DILIGENCE” herein; (2) all RENTALS are STANDARD RENTAL GRADE
with defects and RENTER preparation tasks and not new or SELECT
or GRADE A unless so contracted; (3) they will provide EVENT
SITE (“ESITE”) and meet all owner, code and legal requirements
for its USE and assure continuous ACCESS as defined to AEG from
the time RSSL leaves DELIVERING WAREHOUSE (“DWHSE”) until its
return to DWHSE; (4) this EO, its CONTACTS, items ordered,
sizes, times, dates, locations, BARRIERS, type of installation
surface and the listing of such on the SITEMAP is accurate; (5)
a SITEMAP will be timely provided to AEG as given on
https://sitemap.amerevent.com;
(6) RENTER is solely responsible for correct sizing, types,
kinds, quality and grade of any RENTALS ordered and AEG is not
responsible for and makes no effort to determine RENTER’s needs.
Further no recommendation, advice or opinion given by AEG shall
be deemed making AEG responsible and only RENTER determines
their needs; (6) RENTER will perform a WAREHOUSE REVIEW by
inspecting all RENTALS at DELIVERING WAREHOUE (DHWSE) at least 4
and not more than 10 days before DELIVERY else accepts rentals
as delivered and as meeting all RENTER requirements without
dispute; (7) RENTER has verified tent sizing needs using the
information at
https://www.amerevent.com/TENTS/calculator.shtml;
(8) to provide immediate written notice of any change,
postponement, cancellation, weather or any other condition that
may impact performance of this contract by the processes given
herein with no verbal or other understanding being valid; (9)
all ESITE needs, including: (a) authorized use, (b) setup location(s), assuring they are flat, level, clear and trimmed
and correct stating of the installation surface to AEG and the
proper exact marking of all 4 corners of the installation
location of any item over 400 SF, (c) one and only one point of
contact on ESITE who shall be at ESITE when labor is present and
who will supervise and maintain safety and security on site and
provide for RENTALS and UTILITY location and any other
information needed; (d) no other persons within 50-ft of setup
or takedown locations while work is underway, (e) no OSTACLES,
persons, vehicles or other obstructions whatsoever that in any
way impede or hinder ACCESS during the delivery, setup or
removal of RSSL, (g) continual access, (h) clear marking of all
UTILITIES or obstructions on, above or below its surface, (i)
all preparations needed to prevent damage caused by rentals,
delivery or services including protection to flooring, lawns,
drives and other surfaces, removal of décor, assurance of
unrestricted access and (j) to repair any damage caused by
anyone for any reason during the PERIOD OF USE including
unintended negligence; (k) to EQUIPMENT CARE during PERIOD OF
USE without regard to who performs transport, including repair
of damages, standard maintenance, tightening, straightening,
water/ice/snow SHEDDING, cleaning, oiling, greasing, fueling,
maintaining fluid levels, replacing lost or missing fasteners,
correcting or limiting loose fittings, breaks or tears,
protection from weather, theft or loss and any other activity
needed to maintain equipment in as-received condition or better,
with any part of these items being provided by AEG only if
listed as a separate EO line items and cost (it is understood
that the purchase of the CDW waiver can mitigate damage costs).
Further, EQUIPMENT CARE shall include the following: (aa) all
items given in:
https://www.amerevent.com/TENTS/USER/TENTUSE.shtml,
https://responsibilities.amerevent.com/ and any web documents
linked to within those webpages; (bb) the keeping of all RENTALS
except tents undercover if used outdoors when not in use and not
exposed to sun or weather; and (cc) completing all instruction
and training required for RSSL use and maintenance during PERIOD
OF USE with such being listed as a separate EO line item and
cost if provided by AEG; (10) to INSURANCE as required herein;
(11) to provide all RENTER LABOR, labor training and labor
certification(s) required; (12) maintenance of the required
EXCLUSION ZONE around all RENTALS; (13) to all POLICY
requirements, including POLICY-SOP; (14) to USE WAIVERS for
MECHRIDES; (15) to provide utilities; (16) to provide all
safety, including the monitoring of WEATHER and the stoppage of
work and USE during INCLEMENT WEATHER, while HAZARDS exist or as
otherwise required herein; (17) to immediately vacate everyone
from within a tent and within at least 20-ft outside a tent if a
storm or winds greater than 30-MPH are possible. It is
understood it is safer to shelter inside a well constructed
building or even a vehicle than within a tent and it is agreed
tents are not storm shelters; (18) to comply with all laws and
local codes, including health requirements; (19) to all
ANCHORING needs; (20) to immediate report and add any necessary
RSSL required to meet any condition, including WEATHER; (22) to
immediately reimburse AEG for all damage and loss to RENTALS
during the PERIOD OF USE with such costs as reasonably
determined by AEG and shall include any caused by SUN, WEATHER,
WIND, ACTS OF GOD and any other cause, with no unreported claim
as required herein of "normal wear and tear", “installation
error”, “negligence” or similar being valid or considered; (23)
to return RENTALS in the condition received or better including
items AEG is unable to timely retrieve and to pay additional
rent on such items until so returned, and (23) to maintain
ETHICS (as defined) in all things related to this contract.
Incomplete, false, OPINION AS FACT or misleading information
shall not be communicated nor shall any threatening, vulgar or
demeaning communication occur. RENTER shall only have right of
access and to use RENTALS between the RENTAL START TIME (“RST”)
and RENTAL END TIME (“RET”). Delivery and installation can take
until RST without recourse or regard to any other
understanding(s). RENTER agrees to increase RENTAL period as
necessary to meet all their needs or requirements. RENTER is
solely responsible for return of RENTALS and if AEG fails to
retrieve any item(s) RENTER return them to the DWHSE and cover
all costs. AEG shall only be liable only for refund of the
unused portion of the VENDOR DIRECT PAYMENT and no other RENTER
costs or inconveniences shall be considered or reimbursed.
RENTER’s failure to promptly return shall be UNAUTHORIZED
KEEPING subject to additional rent and felony prosecution under
state law for failure to return rented assets. RENTER agrees
nothing discussed or intended is binding if not listed in EO
except by CONSENT. RSSL selection: (a) RENTER accepts full
responsibility for the selection, sizing, and choice of RSSL
that fully meets their needs or desires; (b) AEG shall have no
responsibility to advise or suggest RSSL options to RENTER; (c)
If AEG does suggest RSSL options, RENTER is not relieved of
their selection responsibilities given herein. AEG shall provide
rentals and basic installation services but no design, training
or other services unless specified herein or in the EO. AEG does
not provide MECHRIDES and is not responsible for them even
if/when providing assistance to RENTER. RENTER shall not assign,
sublet, modify or move from its original point of placement any
RENTAL except by CONSENT. RENTER agrees AEG owns CIR and
SURRENDERED PROPERTY. It is agreed if RENTER RESPONSIBILITIES
are not fully met, AEG at its sole option may QUIT performance
of contract with the only adjustment or refund being an ECREDIT
if so provided by POLICY-WARRANTY.
T/C-1.1 AUTHORIZATION TO MEET
REQUIREMENTS. Should RENTER fail to fulfill any and all RENTER
RESPONSIBILITIES or DUE DILIGENCE requirements stated herein,
RENTER hereby authorized AEG to take any action AEG deems
necessary to do so without further notice and RENTER agrees to
pay any and all additional costs so incurred as determined
solely by AEG at STANDARD RENTAL RATE, EMERGENCY CALLOUT RATE
(double overtime) and contract revision costs. AEG will attempt
to notify RENTER, RENTER AGENT or RENTER’s onsite representative
as soon as possible. RENTER’s only other option is to CANCEL by
FORM-CC any RSSL AEG deems not meeting requirements immediately
upon notice and before any use occurs. In such case, RENTER is
responsible for all additional costs incurred before FORM-CC of
POLICY-CC is submitted to AEG and for all cancellation costs
provided therein (up to 100% with a 25% minimum).
T/C-1.2 RENTER
AGENT. RENTER may name any person to act on their behalf in the
performance of this contract, including making changes, adds and
cancellations and such person shall be designed on the EO as
RENTER AGENT. RENTER AGENT shall have POWER OF ATTORNEY to act
on RENTER’s behalf from the time of designation until the EVENT
END TIME and RENTER AGENT authority shall not extend beyond
this. AEG may upon notice, remove and terminate the authority of
any RENTER AGENT as AEG may deem appropriate and this shall be
without recourse. The designation RENTER AGENT is different and
distinct from AEG acting as agent of RENTER as given herein.
T/C-1.2.1 RENTER is responsible for the actions of any person or
entity acting on their behalf, cause or interest and for any
cost or default of contract they may cause. RENTER shall within
48-hours correct any such DEFAULT, cover any costs incurred and
affirm no future DEFAULTs will occur, else all DEFAULT fees and
costs shall apply.
T/C-1.3. RENTER SHALL HAVE AN ONSITE
REPRESENTATIVE as given in T/C-14.4 (below) who shall be present
onsite during installation and raise any issues or concerns at
that time so they can be immediately corrected. The PARTIES
agree known issues or concerns not so raised shall be accepted
as-is, where-is and without adjustment.
MORE
REQUIREMENTS EXIST, SO PLEASE REVIEW THE ACTUAL
CONTRACT CLAUSES:
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