Rental Terms and Conditions
Effective as of June 5, 2016.
As used herein, Bluestem means Bluestem Rentals LLC, and "Client" means the customer identified in the applicable Order, its representative and/or employees, and includes the person or entity for whom the services are being provided, even if the identified Client is an agent for such other person. By accepting any order (“Order”), which acceptance may be verbal or written, Client agrees to the following terms and conditions, which shall apply except as otherwise specifically indicated on any Order.
1. Rental Terms. This is a rental agreement only. Rental Items shall remain the personal property of Bluestem. The rental period is 24 hours unless otherwise indicated on the Order. Drop off and pick up times may be adjusted based on written or verbal agreement between Bluestem and Client. If Client makes greater use of the Rental Items than agreed upon additional fees will be charged.
2. Payment. A deposit of 50% of the invoice total shall be required to secure an Order and will be applied to the total. A credit / debit card is REQUIRED and will be charged 50% of the total in order to reserve the date listed on the Order. The remaining amount of the total is due upon delivery and prior to set up in addition to a $100 Damaged / Loss equipment charge. Taxes ARE included in the final price. A fuel surcharge may be required for distances greater than 20 miles. PERSONAL CHECKS WILL NOT BE ACCEPTED. Payment options and procedures include the following:
· Credit / Debit Card - 50% down online through the website via PayPal or over the phone. The remaining balance will be due at the time of delivery through a PayPal Mobile Card Reader. An Additional Damaged / Loss equipment charge of $100 will be made at time of delivery and refunded back to the card / account following inspection of the Rental Items after the event.
· Cash - 50% down online through the website via PayPal or over the phone. Cash, in the exact amount, will be accepted upon delivery of Rental Items for the remaining balance. An additional cash deposit of $100 will be collected and refunded following inspection of the Rental Items after the event.
3. Cancellation. Except for a cancellation for a default by Bluestem or cancellation due to inclement weather, any cancellation of an accepted Order Client shall be responsible for the cancellation fees specified in the Order. If no cancellation fee is specified in the Order, the following cancellation fees shall apply: (i) Orders cancelled prior to 72 hours of delivery date, 25% of invoice total; (ii) Orders cancelled less than 72 hours prior to the Event, 50% of invoice total.
4. Inclement Weather Conditions. Due to the unpredictable weather habits of Kansas, Client will not be charged for cancelations due to inclement weather conditions. Deposit payments will be applied to a future rental date, based on availability, or refunded to the Client. Inclement weather includes but is not limited to; rain, thunderstorms, snow, flooding, and extreme cold. It is the sole discretion of Bluestem in determining what is an inclement weather condition based on reasonable forecasts. In the case of adverse weather conditions that occur after delivery and final payment of Rental Items, Client will be refunded ½ of the total charge.
5. Compliance with Laws; Safety. Client is responsible for obtaining all permits and/or licenses from the appropriate government agencies. If permits or licenses are denied for any reason, Client remains responsible for all obligations pursuant to this Agreement. Client shall not move the Rental Items from the address at which Client represented they were to be used. Client shall not use or allow anyone to use the Rental Items in any illegal or unsafe manner. Client shall comply with all applicable laws that apply to the use of the Rental Items during the rental period. IT IS THE RESPONSIBILITY OF THE CLIENT TO GAIN PERMISSION FROM THE VENUE SITE, PRIOR TO THE EVENT, FOR THE USE OF BLUESTEM’S RENTAL ITEMS.
6. Access. Client shall be responsible to: (a) provide or obtain access to the Event location and areas required for Bluestem to unload, stage and install the Rental Items; (b) ensure all Rental Items will fit into the venue space (c) coordinate the work of Bluestem with the work of others to avoid undue delay in Bluestem’s ability to perform the Services and install and remove the Rental Items in a timely and efficient manner; (d) ensure a safe, clear path of ingress and egress for delivery and, if applicable, installation, of the Rental Items; and (e) Client is responsible for any delays or extra costs associated with providing insufficient access or space. Bluestem may refuse to deliver Rental Items if there is no safe means of ingress and egress, or charge additional labor costs, and Client shall be responsible for all related cancellation fees and additional labor costs.
7. Damage to Non-Rental Items. Bluestem has no responsibility to move any non-rental items. If, as a courtesy, Bluestem agrees to move any non-Rental Items, such activity is at Client’s sole risk. Bluestem shall not be liable for any damage arising therefrom. Bluestem shall not be responsible for any damage to pool decks, flooring, grass, tracks or other surfaces on which Client requests Bluestem drive, walk or install Rental Items. Bluestem is not responsible or liable for any damage to Non-rental Items or surfaces.
8. As-Is. Client shall inspect the Rental Items upon delivery and/or upon installation. If Client does not notify Bluestem of defective, missing or incorrect Rental Items at the time of delivery, Client shall be deemed to have accepted the Rental Items in their “as is” condition.
9. Inventory Protection. Client agrees to provide a secure storage location and Client accepts all risk including damage to and liability relative to Rental Items for a reasonable period of time until the Rental Items are picked up by Bluestem. In the case of PRECIPITATION OR OVERNIGHT STORAGE Client will move the Rental Items to a dry and secure location. If additional pickups are needed, a delivery surcharge may be assessed.
10. Loss or Damage. Client shall be responsible for any losses or theft of Rental Items, and all damage to Rental Items beyond ordinary wear and tear, while in the possession or control of Client. Client will pay for all Rental Items lost or damaged in an amount equal to the replacement cost of the Rental Items. Upon pick-up of the Rental Items the Client or representative is REQUIRED to be present with payment option available to cover any losses or damages. At this time an inspection and inventory of the equipment will be made and if needed a damage or missing equipment amount will be collected. Cleaning fees may be charged if additional cleaning is required to return Rental Items to the condition in which they were provided to Client.
11. Injury or Damage. Client will take all necessary precautions regarding the Rental Items, and protect all persons and property from injury or damage while in possession or control of the Rental Items. Client agrees to indemnify, defend and hold harmless Bluestem from and against any and all liability, claims, judgments, attorney's fees and costs, including, but not limited to, injuries or death to persons and damage to property, occurring while the Rental Items are in the possession or control of Client, arising out of the use, maintenance, operation, possession, or rental of the items rented, however caused, except arising through the sole gross negligence or willful misconduct of Bluestem.
12. Assumption of Risk. Client is fully aware and acknowledges there is risk of injury or damage arising out of the use or operation of the Rental Items and voluntarily assumes all of the above risks. Client agrees to release and discharge Bluestem from any and all responsibility or liability from such injury or damage against Bluestem which Client otherwise may be entitled to assert, except to injury or damage arising through the sole gross negligence or willful misconduct of Bluestem.
13. Waiver of Special Damages. UNDER NO CIRCUMSTANCE WILL BLUESTEM BE LIABLE FOR ANY LOSS OF PROFITS, SAVINGS OR BUSINESS, OR FOR ANY OTHER SPECIAL, INCIDENTIAL, INDIRECT, EXEMPLARY, CONTINGENT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, WITHOUT REGARD TO WHETHER BLUESTEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.