PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE “SITE”).  All users of this Site agree that access to and use of this Site as well as the physical renting and usage of our equipment is subject to the following terms and conditions and other applicable law.

You agree that by using this Site and/or registering, you are at least 18 years of age, or visiting under the strict supervision of a parent or guardian, and legally able to enter into a binding contract.

It is your responsibility to review these Terms of Use periodically. We may revise these Terms of Use at any time without prior notice to you. If you do not agree to these terms and conditions, please do not use this Site.

For the purpose of  Agreements Entered Into:

  • Horizon Property Preservation (HPP) shall mean the Rental Company, its owners, officers, directors, affiliates and employees.
  • Customer(s) shall mean Customers, guests/visitors of customer, and their agents, contractors, affiliates and/or employees.
  • Rental Agreement shall mean the itemized list of items contained in the electronic estimate/invoice emailed/faxed or hand delivered to the Customer.
  •  Rental Center shall mean HPP showroom / warehouse/event center, or any other facility owned or leased by HPP where the storage, maintenance or transfer of its equipment to Customer occurs.

 

In reference to leasing the rental item(s) / equipment described on the Rental Agreement, it is agreed as follows:

 

  1. Website

We grant Customer limited access and use the Site for Customer’s personal use. This license does not include any resale or commercial use of this Site or its contents; any type of collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools.

Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, uploaded, posted, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication, or otherwise exploited for any commercial purpose, without express written consent of HPP.  Any unauthorized use terminates the permission or license granted by HPP.

We reserve the right to change any information, features and functions of the Site without prior notice.  We may cancel orders, refuse service, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Use, our rights or the rights of any third party.  Use of the Site for any illegal or unauthorized purpose is strictly prohibited.  We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion.  The sale or linking of our products on or to any third party e-commerce Site, marketplace or mobile application without our specific written consent is prohibited.

NO REPRESENTATIONS, WARRANTIES OR GUARANTEES

The Site is provided “as is.”  HPP AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

HPP does not guarantee that access to or use of the Website will be uninterrupted or without error, that bugs or malfunctions will be corrected, or that the Website is free of harmful components.  HPP does not guarantee that the use of its Website or the materials provided therein, are 100% accurate, without error, or reliable.  HPP may make changes and improvements to the Website at any time without prior notice.

 

  1. INDEMNITY/HOLD HARMLESS.

Customer will take all necessary precautions regarding the items rented from HPP, and protect all persons and property from injury and/or damage.

Customer agrees to hold HPP harmless from and against any and all liability, claims, judgments, attorneys’ fees and costs of any 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 from HPP.

 

  1. ASSUMPTION OF RISK/RELEASE OF LIABILITY.

Customer is aware of the possibility and hereby acknowledges that there is a risk of injury and/or death which could arise out of the use or operation of the items/materials that HPP rents for usage and hereby elects to voluntarily enter into this Agreement and assume all risks and liability that may arise from the usage of any item rented from HPP.

HPP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF HPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Customer agrees to release HPP from any and all responsibility or liability from any injury, death, or damage arising out of the use or operation of any rental item rented/received/delivered by and to HPP. Customer further agrees to waive, release and discharge any and all claims for injury, death, or damage against HPP

 

  1. RENTAL RESERVATION

HPP 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 non-refundable deposit equal to 50% of the total cost specified in the rental agreement.
  • A signed & dated rental agreement.

The remaining balance of the rental agreement must be paid 7 days prior to delivery, unless otherwise specified by HPP. If this obligation is not met, HPP reserves the right to cancel the order without refunding the initial 50% deposit

 

  1. RENTAL POSSESSION

Customer’s right to possession of the rental items:

  • Rental Period is for a 3 day period. Equipment returned after 3rd day from 1st day of possession will be charged another 3 day period.
  • Possession begins when the rental items are picked up from customer, or when the customer accepts and signs for the delivery of the rental items upon delivery.
  • In the absence of the renter, the equipment may be signed for by an individual designated by the renter before delivery takes place. This individual is automatically given the legal right by the renter to accept liability for the equipment on the renter’s behalf.

 

If no one is available when delivery driver arrives, during the designated delivered time window, a charge of  $30 will be owed by customer. Items will be returned to Rental Center. If it is desired by customer for items to be re-delivered another delivery charge will be applied.

  • The rental agreement doesn’t terminate until HPP has regained possession of the rental equipment.
  • Any extension of the agreement must be agreed upon by HPP in writing.
  • Customer authorizes HPP to retake possession of the rental items without notice or legal process at any time, regardless whether the equipment is on private property.
  • The Rental Agreement may be executed or delivered by email/fax or in person. The Rental Agreement is valid whether properly signed by the Customer or not. As soon as Customer takes possession of the rental items, the contract and all terms and conditions are active and valid. It is also valid if signed by another party signing on behalf of the Customer.

 

  1. LEGAL FEES.

Customer agrees to pay all collection fees, attorney’s fees, court costs, or any other expenses required to enforce the terms and conditions of this contract. Any law suits that may occur between HPP and Customers must be filed in Fresno County, and any litigation will be held in a Fresno County Courthouse.

 

  1. TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to a typographical error, error in pricing and/or product information received from our suppliers, HPP has the right to refuse or cancel any orders placed for a product listed at the incorrect price. 

 

  1. UNSAFE CONDITIONS.

HPP reserves the right to refuse to install and/or deliver rental equipment due to unsafe/dangerous conditions or weather, deemed to be so at sole discretion of HPP. In the event the unsafe/dangerous conditions are clearly noticeable by Customer, Customer will be liable for a minimum of 50% of the total cost specified in the Rental Agreement.

 

  1. CANCELLATIONS

All customers will provide a 50% NONREFUNDABLE DEPOSIT in order for HPP to reserve their order and delivery date.

  • 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. The only time a deposit will be refunded is if the cancellation takes place the same day the order was received by HPP (cancellation must be received during business of hours of 8am – 6pm).
  • Adjustments to orders can be made until 7 days prior to. However, any such adjustments shall not reduce the total price of the invoice below the amount of the NON-REFUNDABLE 50% DEPOSIT.
  • Specialty items are defined as anything that requires HPP to manufacture, rent, or purchase. Specialty items are non-refundable once they have been ordered by HPP and/or the manufacturing of such items has begun.

 

  1. CUSTOMER PICK UP AND RETURN
  • There are no COD payments. Cash will only be accepted in our office.
  • HPP will reserve will call/pickup orders only if a rental agreement has been signed and returned and order has been paid for in full. If Customer fails to pick up their will call order on the specified date, Order is thereby considered cancelled and all items may be rented to another customer. HPP MAY STILL COLLECT A MINIMUM OF 50% FROM THE CUSTOMER.
  • 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 that process.
  • HPP representatives by company policy cannot place any rental items into Customers vehicles on will call pick up.
  • Items returned after the return date specified in the Rental Agreement will incur additional fees to be determined by HPP.

 

  1. DELIVERY CHARGES.
  • Minimum delivery charges are based on 1-4 hour delivery windows
  • Customers must be present for their entire delivery window. HPP will grant a 15 minute waiting period, after which the driver will leave drop off location and return to Rental Center.
  • Orders will be delivered only if the cost of the items rented, excluding delivery fees and labor, is at least $150. For all orders $1 – $149 a $50 delivery fee will be charged.
  •  “Curbside delivery,” is defined as:
  1. 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.
  2. HPP will stack items neatly and securely with reasonable access for the Customer;
  3. All equipment must be re-stacked and made ready for pick up by the Customer in same manner in which it was delivered;
  4. There will be a minimum two hour window for both delivery and pickup (unless otherwise arranged in writing with HPP).

HPP may assess additional charges at a rate of up to $120 per hour when delivery conditions cause HPP to incur additional labor costs, including, but not limited to:

  • deliveries blocked by stairs, elevators, steep or uneven walking surfaces, standing water, mud, or soft surfaces like sand  and/or loose gravel
  • deliveries that involve waiting times of more than 15 minutes
  • customer requires a precise (to within 15 minutes) delivery or pickup time;
  • last-minute or rush deliveries or pickups
  • Inaccurate delivery locations or directions supplied by the Customer.

 

  1. EQUIPMENT USAGE AND RETURN

All china and flatware must be rinsed reasonably free of any food debris. If the Customer fails to do so, then HPP will charge an additional $0.25 cents per piece to be deducted from the security bond. Additionally, Customer is responsible for any loss or damage to rental items regardless of cause or fault, including acts of God.

HPP 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.

In such instances, the Customer agrees to pay HPP for:

  • All labor costs associated with repair and/or attempted repair of damaged equipment
  • Replacement equipment (if necessary)
  • Replacement of equipment directly related to the normal quality and functionality of the damaged equipment
  • All shipping or delivery fees associated with the replacement or repair of damaged equipment.

 

  1. LOCAL RULES AND REGULATIONS

Any and all rules and regulations governing an event site must be provided in writing to HPP where applicable, prior to the delivery of rental equipment. All fines incurred as a result of non-disclosure of such regulations are the responsibility of the customer.

Please send an email to info@omgegapartyzone.com and list any rules or regulations that HPP must follow during delivery, setup or removal of rental equipment as put forth by the owners or designated managers of the event location.

 

 

 

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