Terms & Conditions
1. For the purpose of this Rental Agreement:
· The Small Details (TSD) shall mean the Rental Company, its owners, officers, directors, and employees;
· Customer(s) shall mean Customers, guests/visitors of customer, and their agents, contractors and/or employees.
· Rental Agreement shall mean the itemized list of items contained in the electronic estimate or invoice emailed or faxed to the Customer, who by virtue of having signed the estimate or invoice, and/or paid an advance deposit or in full, expresses his or her agreement with the contents of the Estimate or Invoice.
· Rental Center shall mean The Small Details’ warehouse, or any other facility owned or leased by The Small Details where the storage, maintenance or transfer of its items occurs.
The Small Details reserves the right to refuse service to anyone.
In reference to leasing the rental item(s) / items described on the Rental Agreement, it is agreed as follows:
2. INDEMNITY/HOLD HARMLESS.
· Customer will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage.
· Customer agrees to hold The Small Details harmless from and against any and all liability, claims, judgments, attorneys’ fees and costs of every kind and nature, including, but not limited to, injuries or death to persons and damage of property, arising out of the use, maintenance, installation, operation, possession, ownership, or rental of the items rented, despite cause.
3. ASSUMPTION OF RISK/RELEASE DISCHARGE OF LIABILITY.
· Customer is fully aware of and acknowledges that there is a risk of injury, death, or damage arising out of the use or operation of the items contained in the Rental Agreement and hereby elects to voluntarily enter into this Agreement and assume all of the aforementioned risks.
· Customer agrees to release and discharge The Small Details from any and all responsibility or liability from such injury, death, or damage arising out of the use or operation of the rental items. Customer further agrees to waive, release and discharge any and all claims for injury, death, or damage against The Small Details, which customer otherwise may be entitled to assert.
4. POSSESSION/ TITLE.
· TSD agrees to reserve all items listed in the Rental Agreement on behalf of the Customer only after the following have been received from the customer.
a. A non-refundable deposit equal to 50% of the total cost specified in the Rental Agreement (or a lesser amount determined at the sole discretion of TSD)
b. A signed & dated copy of these Terms and Conditions; and
c. A signed & dated quote.
· The remaining balance of the rental agreement must be paid 7 days prior to delivery, unless otherwise specified by TSD. If this obligation is not met, TSD reserves the right to either cancel the order without refunding the initial 50% deposit, or apply late payment charges equal to the highest APR allowed by California law.
· Unless otherwise agreed upon in writing, Customer agrees to make payments to The Small Details in the form of cash, Zelle payable to zelle id: smalldetails.bp@gmail.com, check payable to Small Details, LLC. and sent to 16747 ½ Parkside Ave, Cerritos, CA 90703, credit card, or debit card. The Small Details accepts Visa, MasterCard, American Express, or Discover cards.
· Customer’s right to possession of the rental items:
a. Is for a 3-day period. Items returned after normal business hours on the third day will be charged for an additional 3-day rental period.
b. Begins when the rental items leave the rental center in the care of the customer, or when the customer accepts and signs for the delivery of the rental items upon delivery.
c. In the absence of the customer, the items may be signed for by an individual designated by the customer. This individual is automatically given the legal right by the customer to accept liability for the items on the customer’s behalf.
d. The rental agreement terminates once TSD has regained possession of the rental items.
e. Any extension of the agreement must be agreed upon by TSD in writing.
f. Title of the rental items shall, at all times, remain with TSD.
g. Customer authorizes TSD to retake possession of the rental items without notice or legal process at any time, despite whether the items is on private property.
5. LEGAL FEES.
Customer will pay all collection fees, attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract. Any lawsuits that may occur between TSD and their customers must be filed in Los Angeles County, and any litigation will be held in a Los Angeles Court.
6. MISCELLANEOUS.
The Rental Agreement may be executed or delivered by fax, or other electronic means such as email. The Rental Agreement is valid whether properly signed by the Customer or not, so long as the Customer takes possession of the rental items. It is also valid if signed by another party signing on behalf of the Customer, in which case the signing party will sign their own name, and then print C/O (Care Of) “Ordering Party.”
7. UNSAFE CONDITIONS.
· The Small Details reserves the right to refuse to install or deliver rental items due to unsafe conditions or weather. If this occurs, Customer will be liable for a minimum of 50% of the total cost specified in the Rental Agreement. In the absence of unsafe weather or other conditions, The Small Details will use all appropriate means and methods to secure the rental items for the safety of the Customer and the items.
· The Small Details is not responsible for underground utilities, and charges for time out, whether item is used or not. If permission is granted by the Customer to stake anything into the ground at their desired location, then it is the sole responsibility of the Customer to check for underground utilities and water mains.
8. CANCELLATIONS.
· All customers will provide a 50% NON-REFUNDABLE DEPOSIT in order for TSD to reserve their order. In providing said deposit, customer accepts all The Small Details’ terms and conditions.
a. Customers who cancel their orders at any time after a deposit is provided WILL LOSE THEIR DEPOSIT regardless of their circumstances or reasons for cancellation.
b. Adjustments to orders can be made until 7 days prior to delivery (except for specialty items – see below). However, any such adjustments shall not reduce the total price of the invoice below the amount of the NON-REFUNDABLE 50% DEPOSIT.
c. Specialty items include specialty cut linens, and items that require TSD to manufacture, sub-rent, or purchase items. Specialty items are non-refundable once they have been ordered by TSD, or manufacturing of such items has begun.
9. CUSTOMER PICK UP AND RETURN.
· Responsibility for customer-pickup rental items remains with the customer from time the items leave the Rental Center until the time they are returned.
· The Customer is responsible for loading, unloading, and securing items within his or her vehicle as well as for any damage that they may suffer during those operations.
· TSD will assist the customer in loading, but TSD will not be held liable for traffic accidents or damages to vehicles or rental items in transit due to improper loading.
· Items returned after the return date specified in the Rental Agreement will incur additional fees to be determined by TSD.
· TSD requires that Customer return all original packaging materials provided with the will call Rental Item order, such as crates, dish racks and even bubble wrap. Customer’s failure to do so may result in replacement fees due to The Small Details.
10.DELIVERY CHARGES.
· Minimum delivery charges are based on a minimum 2 hour delivery windows with “non-same-day” pickups. Same-day and/or late evening pickups can be arranged for additional charges.
· Customers must be present for their entire delivery window. TSD will grant a 15 minute waiting period, after which the customer will be charged for waiting time up to $120.00 per hour billed in 5 minute increments.
· Orders will only be eligible for delivery if the cost of the items excluding delivery and labor meets our current minimum. This price is subject to change without notice.
· TSD offers design and planning services at additional charges.
· “Curbside delivery,” is defined as:
a. Delivery to a ground level location on a flat, hard surface, within twenty five (25) feet of the nearest loading area with no steps or obstructions.
b. TSD will stack items neatly and securely with reasonable access for the Customer;
c. All items must be re-stacked and made ready by the Customer for pick up in same manner in which it was delivered;
d. There will be a minimum 2 hour window for both delivery and pickup (unless otherwise arranged in writing with TSD).
e. TSD may assess additional charges at a rate of up to $120 per hour when delivery conditions cause to incur additional labor costs, including, but not limited to:
i. deliveries impeded by stairs, elevators, steep or uneven surfaces, standing water, mud, or soft surfaces like sand loose gravel;
ii. deliveries that involve waiting times of more than 15 minutes;
iii. customer requires a precise (to within 15 minutes) delivery or pickup time;
iv. last-minute or rush deliveries or pickups; and/or
v. Inaccurate delivery locations or directions supplied by the Customer.
vi. If the customer is not available, then TSD may opt to either setup in a manner deemed appropriate by our staff, or we may opt to leave the items curbside. In such instances, no refunds will be given, and the customer accepts liability for any losses and damages that may happen to items left unsupervised for any reason, including acts of God.
11.ITEMS USAGE AND RETURN.
Customer is responsible for any loss or damage to rental items regardless of cause or fault, including acts of God, and TSD has 72 hours after retaking or receiving possession of rented merchandise to assess its condition and determine whether damage occurred while it was in the possession of the renter. Any damaged and/or broken items must be returned to TSD. In such instances, unless the items in question are covered by a damage waiver, the Customer agrees to pay TSD for:
· All labor costs associated with repair and/or attempted repair of damaged items
· Replacement items (if necessary)
· Replacement of items directly related to the normal quality and functionality of the damaged items
· All shipping or delivery fees associated with the replacement or repair of damaged items.
Additional cleaning for wax in candle holders
12.DAMAGE WAIVER.
A 9% charge or a minimum of $1 will be applied to all rental items to cover the cost of normal cleaning and maintenance. This does not cover LOSSES, THEFT OR DISAPPEARANCE OF ITEMS DUE TO CUSTOMER NEGLIGENCE OR MISUSE. Broken items must be returned in their broken state for the waiver to apply. Replacement of lost or damaged items is chargeable in addition to the damage waiver charge.
13.MEASURING EVENT AREA.
· TSD provides free on-site estimates whenever possible.
· Planning and measuring is ultimately the responsibility of the Customer. If poor planning leads to improperly measured areas for placement of canopies, stages, dance floors, etc. resulting in our inability to complete a job, then no refunds will be given and full payment will be made to TSD by the Customer.
· TSD will not be held liable for any planning not performed by our staff.
· The Customer is responsible for locating and pointing out any underground utilities, such as water mains, and gas, electrical, and sewage lines.
14.DISCOUNTS.
TSD may offer discounts at its sole discretion. Any violation by the customer of TSD’'s rental contract or Terms and Conditions, including violation of payment terms, will make such discounts null and void.
16.LOCAL RULES AND REGULATIONS.
· Any and all rules and regulations governing an event site must be provided in writing to TSD prior to the delivery of rental items. All fines incurred as a result of non-disclosure of such regulations are the responsibility of the customer.
· Please reply to this email with any rules or regulations that TSD must follow during delivery, setup or removal of rental items as put forth by the owners or designated managers of the event location.
17.GENERAL PHOTO RELEASE
Customer agrees that TSD may use any images from the Event for TSD’s portfolio, advertising, website, blog and magazine submissions and any other means of promotion. Customer waives any right to payment, royalties or any other consideration for the use of the images. Customer waives the right to inspect or approve the finished product, including written or electronic copy, wherein Customer’s likeness appears. The Small Details is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Customer, their heirs, representatives, executors, administrators, or any other persons acting on Customer’s behalf or on behalf of the Customer’s estates have or may have by reason of this authorization.