Terms and Conditions

For the purposes of this Rental Agreement, NLR shall mean Next Level Rentals, Inc.; it’s employees; and it’s hired contractors; and “Customer” shall mean the customer, it’s agents and /or employees. NLR hereby agrees to rent to Customer the "Rentals” [goods; equipment; furniture; fabric; services] described on the face of this agreement or in attached schedules (the Rentals) in accordance with the following terms and conditions:

  1. TITLE AND OWNERSHIP.  The Rentals shall at all times be and remain the sole and exclusive property of NLR. Customer’s right to possession and use of the Rentals begins at time of delivery and/or upon the Rentals leaving NLR’s warehouse and terminates upon pick-up and/or return of the Rentals to NLR’s warehouse on the agreed return date and time (the Items Due Date). Retention of possession and/or use after the Items Due Date constitutes a material breach of the Rental Agreement. NLR shall have the right to display notice of its ownership of the Rentals by display of an identifying stencil, plate or other marking, and Customer agrees that it will not remove or replace such markings without the written consent of NLR. It is expressly intended and agreed that the Rentals shall be personal property even though it may be affixed or attached to real estate. The Rentals shall not be removed from the place of delivery or installation without the expressed written consent of NLR.
  2. RECEIPT/INSPECTION OF RENTALS.  Customer rents the Rentals on an “as is” basis. Customer acknowledges that they have or will fully inspect the Rentals immediately upon receipt, and the absence of Customer’s written objections during pick-up and/or delivery constitutes acceptance of all Rentals in its then current condition. Customer acknowledges receipt of all Rentals listed in this Rental Agreement, including that the Rentals are in good working order and repair and that Customer understands (without further instructions) the proper operation and use of such items.
  3. EXTENUATING CIRCUMSTANCES.  NLR will not be liable for any delay in the performance of this Rental Agreement in the delivery or installation of the Rentals set forth herein, or for any damages suffered by the Customer by reason of such delay, when delay is, directly or indirectly, caused by or in any manner arises from fire, floods, accidents, riots, acts of God, war, governmental interference or embargo, strikes, labor difficulties, shortages of labor, fuel, power, materials or supplies, transportation delays, or any other cause or causes beyond it’s control, including governmental priorities and other governmental regulations, orders, directives and restrictions that may be in effect from time to time.
  4. DISCLAIMER OF WARRANTIES.  NLR UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE RENTALS EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT. NLR MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS OF ANY PARTICULAR USE OR PURPOSE, EITHER EXPRESSED OR IMPLIED, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT. THERE IS NO WARRANTY OR REPRESENTATION THAT THE RENTALS ARE FIT TO CUSTOMER’S PARTICULAR INTENDED USE, OR THAT IT IS FREE OF LATENT DEFECTS. NLR SHALL NOT BE HELD RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, OR INJURY RESULTING IN ANY FORM/WAY ATTRIBUTABLE TO THE OPERATION OF, USE OF, OR ANY FAILURE OF THE RENTALS. NLR SHALL NOT BE HELD RESPONSIBLE FOR ANY DEFECT/FAILURE UNKNOWN TO THEM. Customer’s sole remedy for any failure of the Rentals not caused by the Customer, or defect in the Rentals shall be termination of the rental charges at the time of failure, provided that the Customer notifies NLR immediately of such failure and return the Rentals to NLR within twenty-four (24) hours of such failure.
  5. HOLD HARMLESS AGREEMENT.  CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS NLR, ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTRACTORS AND SUBSIDIARIES (THE INDEMNIFIED PARTY), FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND ATTORNEY’S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, OR DAMAGE TO ANY KIND OF PROPERTY, OR FOR ANY BREACH OF CONTRACT AIRISING OUT OF OR IN CONNECTION WITH THIS RENTAL AGREEMENT AND THE PURPOSES FOR WHICH THIS RENTAL AGREEMENT WAS ENTERED INTO, INCLUDING BUT NOT LIMITED TO PROPERTY DAMANGE, INJURIES, AND DEATH DUE TO THE ACT, OMISSION, MISTAKE, FAULT, DEFAULT, OR NEGLIGENCE OF (1) NLR, ITS EMPLOYEES, AND THIRD PARTY CONTRACTORS HIRED BY NLR (2) THE CUSTOMER, ITS AGENTS AND EMPLOYEES; AND (3) ANY INVITEES, LICENSES OR GUESTS OF THE CUSTOMER.
  6. COMPLIANCE WITH LAW/USE OF RENTALS.  Customer agrees not to use or allow anyone to use the Rentals for any illegal purpose or in any illegal usage manner. Customer agrees to pay all licenses, fines, fees, permits, or taxes arising out of having the Rentals. Customer is responsible for obtaining all permits and/or licenses from the appropriate government agencies. If permits or licenses are denied for any reason, Customer is still responsible for all financial and other obligations pursuant to this Rental Agreement. Customer warrants and represents that Customer will, at all times, supervise the safe use and operation of the Rentals.
  7. RENTAL CONTRACT EXTENSION.  All rentals must be returned to NLR by the Items Due Date. Any extension of the Items Due Date must have written consent expressed by NLR. No extensions are available for the Rentals that are reserved by another Customer after this contract expires. Upon written approval by NLR for extension Items will be billed at the contracted rate and due immediately. Extra charges may apply for any changes to pick-up time; location and/or multiple pick-ups. This contract shall be in forced for the duration of the approved extension.

 

  1. REPOSSESSION BY NLR.  Customer authorizes NLR to retake the Rentals without further notice or further legal process, and grants to NLR all rights, if any, of access Customer has to the property upon which the Rentals are located. Furthermore, Customer agrees that NLR will not be held liable for any claims, damages, or trespassing arising out of the removal of the Rentals.
  2. RETURN OF EQUIPMENT.  Upon the Items Due Date, Customer shall return all Rentals to NLR’s warehouse during NLR’s regular business hours, in the condition and repair as when received by the Customer, subject to only to reasonable wear and tear. This includes the handling racks, bins, boxes, crates, packing material, and hangers that transport the Rentals.
  3. DELIVERY AND PICK-UP.  Delivery and pick-up of the Rentals are available at an additional charge. Delivery and pick-up charges are based on paved ground level location only within reasonable carrying distance from delivery vehicle, but no more than fifty (50) feet. Deliveries and pick-ups involving stairs, beach, being further than fifty (50) feet walking distance, or last-minute will be subject to additional charges. Customer is responsible for the Rentals being ready and stacked for pick-up, in the same manner as delivered, at the agreed Item Due Date and time. Setup and teardown services are available upon request. Arrangements must be made in advance and are subject to additional charges. If no arrangements are made and setup or teardown is necessary charges will be applied and due immediately. If time permits, NLR will try to accommodate the Customer.
  4. CLEANING.  Vases, coolers, and glasses must be returned rinsed and repacked properly in boxes provided or additional charges will be assessed. A cleaning fee will be charged for returning furniture and/or flooring that has been soiled with food, wax, sand, and/or any other substance that can be removed.
  5. LINENS. All fabrics are inspected prior to pick-up and return. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG – mildew will result. If there is damage such as mildew, wax, excessive stains, burns and/or tears, Customer will be charged the cost of the linens and assume possession as though it were a sale. RETURN ALL LINENS DRY AND FREE OF WASTE.
  6. DIRTY OR DAMAGED RENTALS.  Customer hereby assumes all risk of loss and damage to the Rentals from any cause whatsoever. Customer agrees to pay for any damage to the Rentals regardless of cause, except for reasonable wear and tear, while the Rentals are out of possession of NLR. Customer also agrees to pay a reasonable cleaning charge for all Rentals returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged goods. Customer will pay for Rentals damaged beyond repair at its replacement cost when rented. The cost of repairs will be borne by Customer, whether performed by NLR, or at NLR’s option by other. Customer further agrees that Customer is responsible for the full value of the Rentals rented herein in the event the Rentals are lost, stolen or damaged while in Customer’s care, custody or control.
  7. DAMAGE WAIVER.  If accepted by Customer, NLR agrees, in consideration of an additional charge of 10% of the gross rental charges (the Damage Waiver Charge), to modify the responsibilities of Customer created in paragraph 13 (“Dirty or Damaged Rentals”). For the Damage Waiver Charge, provided Customer takes reasonable precautions to protect Rentals, NLR assumes risk of damage to Rentals, except the following risks assumes by the Customer: (a) Loss, damage vandalism, malicious mischief, and theft (b) Loss, damage or theft of accessory equipment such as extension cords, etc. (c) Loss due to mysterious disappearance or wrongful conversion by a person entrusted with the Rentals (d) Damage waiver is null and void if damage is caused by a third party not associated or related to Customer. CUSTOMER UNDERSTANDS THAT THE DAMAGE WAIVER IS NOT INSURANCE. CUSTOMER IS OBLIGATED TO SUBMIT TO NLR A POLICE REPORT ON ALL LOSSES COVERED UNDER THE DAMAGE WAIVER. Customer may decline the Damage Waiver Charge by making a cash deposit or credit card pre-authorization equal to the full value of the Rentals.
  8. THEFT OF RENTALS.  Customer agrees to pay for the Rentals (at its then replacement cost when rented) for all types of theft or mysterious disappearance. The Damage Waiver does not cover theft.
  9. ASSIGNMENTS, SUBLEASES AND LOANS OF RENTALS.  NLR may assign its rights under this Rental Agreement without Customer’s consent, but will remain bound by all obligations herein. Customer may not sublease or loan the Rentals without NLR’s written permission. Any purported assignment by Customer is void.
  10. RULE OF LAW/ARBITRATION PROVISION.  Customer and NLR agrees that this Contract Agreement will be governed by the Laws of Florida, without regard to the conflicts of laws principles thereof. Additionally, Customer and NLR agree that all matters, disputes, and claims shall be submitted to arbitration.
  11. SEVERABILITY.  Customer further acknowledges that this lease is intended to be as broad and inclusive as is permitted by Florida Law and that if any portion of this Rental Agreement is determined to be invalid by statutory or common law, then the remainder of this Rental Agreement shall remain in full force and effect.
  12. INTEGRATION CLAUSE.  Except as otherwise expressly set forth in this Rental Agreement, this Rental Agreement represents the entire agreement of the parties concerning its subject matter. Customer understands and agrees that no oral representations or statements have been made by NLR, which may vary the terms of this Rental Agreement.
  13. COLLECTION COSTS.  Customer agrees to pay all reasonable attorney and court fees and other expenses involved in the collection of charges or enforcement of NLR’s rights under this Rental Agreement.
  14. PAYMENTS.  All rentals are paid in advance. Full payment is due upon delivery or receipt of Rentals. Accepted types of payment includes major credit cards, checks, wire transfers, money orders cashier’s checks, and cash.
  15. DEPOSIT POLICY.  A reservation deposit of fifty (50%) percent is required on all reservations to secure the Rentals for use.
  16. CANCELLATION POLICY.  Except as otherwise indicated on the face of this Rental Agreement, the deposit, equal to fifty (50%) percent of the rental total, is completely refundable if the order is canceled at least seven (7) days prior to the Rental Agreement Items Out Date. No refund will be made for orders canceled less than forty-eight (48) hours prior to the Rental Agreement Items Out Date. Additionally, NLR reserves the right to charge the full amount of the order if cancellation occurs on the Items Out Date, or upon delivery. Exclusion to the seven (7) day policy includes custom work and special orders, which will be noted on the face of this Rental Agreement.