GLITTER GUN RENTAL
EQUIPMENT RENTAL AGREEMENT
Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement:
Kraft Tool Glitter Gun (“Equipment”).
1.Term. This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is returned to Owner. Renter shall return the Equipment on ___________, ____, unless terminated earlier consistent with the terms herein.
2.Payment. Renter shall pay the following:
-$35.00 due at the time of rental. Rental period is for 14 days. Rental begins the day the equipment arrives at the specified address (tracking scanned as delivered). The rental ends the day the box is dropped off at the post office and the tracking number is scanned as accepted.
-$15.00 per additional week until returned.
Renter authorizes Owner to charge the debit card or credit card on file with Owner an amount equal to all payments and fees due under this Agreement.
Renter shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:
a) Applicable taxes (CA residents only)
b) Loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses. This amount is not to exceed $58.00
c) Twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, formaking payment with insufficient funds.
This Equipment Rental Agreement (“Agreement”) is effective as of the date of last signature (“Effective Date”), and is made between CPG Bulk Sales, a sole proprietorship organized under the laws of California/Mendocino County, with offices at 30901 Timberline Rd, Willits, CA 95490 (“Owner”), and (“Renter”). Owner and Renter are hereinafter collectively referred to as “Parties”.
1. Security Deposit. In addition to the fees listed in Section 2, Renter shall pay a deposit of $ $50 at the time this Agreement is signed. Owner may use the deposit to cover any amounts due under this Agreement.
2. Location of Equipment. During the Term, Equipment shall be located within the United States of America, unless expressly agreed otherwise in writing by Owner.
3. Care of Equipment. Equipment can only be used in a careful and proper manner and shall
not be used in any way that is inconsistent with Owner’s instructions.
4. Repair and Alterations. The costs of all repairs made during the Term shall be paid by Renter, including but not limited to labor, material, parts and other items. Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior
consent.
5. Insurance. Renter must carry insurance satisfactory to Owner equal to the value of the Equipment to ensure its full replacement, unless agreed otherwise in writing by Owner. If the Equipment is lost in the mail it is covered by insurance that the Owner has taken out.
6. Restrictions on Use.
Renter shall not:
a) permit the Equipment to be used by any person who is not authorized to use such Equipment;
b) operate or use the Equipment or permit it to be operated or used in violation of law;
c) operate or use the Equipment or permit it to be operated or used to commit a violation of law;
and/or
d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the
Equipment.
8. Loss or Damage. Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment.
9 .Condition of Equipment. The Glitter Gun will ship in workable condition. It needs to be
returned in that same condition. Please clean glitter from the unit as best you can before
returning.
OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10. Return of Equipment. Renter shall return Equipment on the date specified in Section 1 in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Equipment using the provided pre-paid return tag. If Equipment is not returned on said date, Owner reserves the right to take any action necessary to regain possession of the Equipment.
11. Termination. This Agreement shall terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.
12. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use
of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Ownership. Owner shall at all times retain ownership and title to the Equipment. Renter shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and
damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
14. Waiver. No failure of Owner to exercise or enforce any of its rights under this Agreement
shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a
waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by
Renter shall not constitute a waiver of any breach.
15. Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
16.Entire Agreement. This Agreement represents the entire understanding relating to thesubject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
17.Assignment. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
18.Headings. Paragraph headings used in this Agreement are for reference only and shall notbe used or relied upon in the interpretation of this Agreement.
19.Counterparts. This Agreement, and any amendment thereof, may be executed in two ormore counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.
Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement:
Kraft Tool Glitter Gun (“Equipment”).
1.Term. This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is returned to Owner. Renter shall return the Equipment on ___________, ____, unless terminated earlier consistent with the terms herein.
2.Payment. Renter shall pay the following:
-$35.00 due at the time of rental. Rental period is for 14 days. Rental begins the day the equipment arrives at the specified address (tracking scanned as delivered). The rental ends the day the box is dropped off at the post office and the tracking number is scanned as accepted.
-$15.00 per additional week until returned.
Renter authorizes Owner to charge the debit card or credit card on file with Owner an amount equal to all payments and fees due under this Agreement.
Renter shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:
a) Applicable taxes (CA residents only)
b) Loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses. This amount is not to exceed $58.00
c) Twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, formaking payment with insufficient funds.
This Equipment Rental Agreement (“Agreement”) is effective as of the date of last signature (“Effective Date”), and is made between CPG Bulk Sales, a sole proprietorship organized under the laws of California/Mendocino County, with offices at 30901 Timberline Rd, Willits, CA 95490 (“Owner”), and (“Renter”). Owner and Renter are hereinafter collectively referred to as “Parties”.
1. Security Deposit. In addition to the fees listed in Section 2, Renter shall pay a deposit of $ $50 at the time this Agreement is signed. Owner may use the deposit to cover any amounts due under this Agreement.
2. Location of Equipment. During the Term, Equipment shall be located within the United States of America, unless expressly agreed otherwise in writing by Owner.
3. Care of Equipment. Equipment can only be used in a careful and proper manner and shall
not be used in any way that is inconsistent with Owner’s instructions.
4. Repair and Alterations. The costs of all repairs made during the Term shall be paid by Renter, including but not limited to labor, material, parts and other items. Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior
consent.
5. Insurance. Renter must carry insurance satisfactory to Owner equal to the value of the Equipment to ensure its full replacement, unless agreed otherwise in writing by Owner. If the Equipment is lost in the mail it is covered by insurance that the Owner has taken out.
6. Restrictions on Use.
Renter shall not:
a) permit the Equipment to be used by any person who is not authorized to use such Equipment;
b) operate or use the Equipment or permit it to be operated or used in violation of law;
c) operate or use the Equipment or permit it to be operated or used to commit a violation of law;
and/or
d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the
Equipment.
8. Loss or Damage. Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment.
9 .Condition of Equipment. The Glitter Gun will ship in workable condition. It needs to be
returned in that same condition. Please clean glitter from the unit as best you can before
returning.
OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10. Return of Equipment. Renter shall return Equipment on the date specified in Section 1 in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Equipment using the provided pre-paid return tag. If Equipment is not returned on said date, Owner reserves the right to take any action necessary to regain possession of the Equipment.
11. Termination. This Agreement shall terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.
12. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use
of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Ownership. Owner shall at all times retain ownership and title to the Equipment. Renter shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and
damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
14. Waiver. No failure of Owner to exercise or enforce any of its rights under this Agreement
shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a
waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by
Renter shall not constitute a waiver of any breach.
15. Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
16.Entire Agreement. This Agreement represents the entire understanding relating to thesubject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
17.Assignment. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
18.Headings. Paragraph headings used in this Agreement are for reference only and shall notbe used or relied upon in the interpretation of this Agreement.
19.Counterparts. This Agreement, and any amendment thereof, may be executed in two ormore counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.