STANDARD TERMS AND CONDITIONS OF SALE

Terms & Conditions

For the purpose of this Rental Agreement:

  • Party eNVy, shall mean the Rental Company, its owners, officers, directors, and employees;
  • Customer(s) and Client(s) shall mean Customers, Clients, 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 Party eNVy’s showroom or warehouse, or any other facility owned or leased by Party eNVy where the storage, maintenance or transfer of its equipment occurs.

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

1. 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 Party eNVy 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.

2. 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 Party eNVy 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 Party eNVy, which customer otherwise may be entitled to assert.

3. POSSESSION/ TITLE.

Party eNVy 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 20% of the total cost specified in the Rental Agreement (or a lesser amount determined at the sole discretion of Party eNVy)
  • A signed & dated rental agreement.

The remaining balance of the rental agreement must be paid no later than, day following event, unless otherwise specified by Party eNVy. If this obligation is not met, Party eNVy 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 Wisconsin law.

Customer’s right to possession of the rental items:

  • Is for a 1-4 day period, unless otherwise agreed upon with Part eNVy.
  • Begins when the rental items leave the rental center in the care of the customer, or when the customer accepts the rental items upon delivery.
  • In the absence of the renter, the equipment may be signed for by an individual designated by the renter. This individual is automatically given the legal right by the renter to accept liability for the equipment on the renter’s behalf.
  • The rental agreement terminates once Party eNVy has regained possession of the rental equipment.
  • Any extension of the agreement must be agreed upon by Party eNVy.
  • Title of the rental items shall, at all times, remain with Party eNVy.
  • Customer authorizes Party eNVy to retake possession of the rental items without notice or legal process at any time, despite whether the equipment is on private property.

 

1. LEGAL FEES.

Customer will pay all collect ion fees, attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract. Any law suits that may occur between Party eNVy and their customers must be filed in Portage County, and any litigation will be held in a Portage County Court.

2. 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.”

3. UNSAFE CONDITIONS.

Party eNVy reserves the right to refuse to install or deliver rental equipment due to unsafe conditions or weather. If this occurs, Customer will be allowed to reschedule their event for another available date.

In the absence of unsafe weather or other conditions, Party eNVy will use all appropriate means and methods to secure the rental equipment for the safety of the Customer and the equipment.

Party eNVy is not responsible for underground utilities, and charges for time out, whether equipment 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 call 811 to have the area staked for safe setup of event supplies.

4. CANCELLATIONS.

All customers will provide a 20% NONREFUNDABLE DEPOSIT in order for Party eNVy to reserve their order.

  • 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.
  • Adjustments to orders can be made until 14 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 20% DEPOSIT.
  • Specialty items include specialty cut/colored linens, and items that require Party eNVy to manufacture, sub-rent, or purchase equipment. Specialty items are non-refundable once they have been ordered by Party eNVy, or manufacturing of such items has begun.
  • Canopies & heaters must be canceled at least 14 days prior to delivery/pickup, but any such adjustments shall not reduce the total price of the invoice below the amount of the NON-REFUNDABLE 20% DEPOSIT.

 

5. CUSTOMER PICK UP AND RETURN. 

  • Customers may pay C.O.D., but once the rental agreement is signed, the customer guarantees payment for the equipment reserved
  • Party eNVy will reserve will call/pickup orders only if a rental agreement and this document have been signed. All will call/pickup orders will receive a 5% DISCOUNT. If the customer fails to pick up their will call order on the specified date, then Party eNVy may re-rent the equipment; or if the equipment goes unrented, then Party eNVy MAY STILL COLLECT A MINIMUM OF 20% FROM THE CUSTOMER.
  • 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.
  • Party eNVy may assist the customer in loading, but Party eNVy will not be held liable for traffic accidents or damages to vehicles or rental equipment 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 Party eNVy.

 

6. DELIVERY CHARGES. 

  • Minimum delivery charges are based on multiple factors, including but not limited to, 1-4 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. Party eNVy 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 equipment excluding delivery and labor meets our current minimum. This price may vary throughout the season- please call for our current minimums to qualify for delivery.
  • Party eNVy offers setup/breakdown services tents and tables free of charge. However, setup and layout for things such as, but not limited to, décor, layout of equipment, etc will require additional charges.
  • “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. Party eNVy will stack items neatly and securely with reasonable access for the Customer;
  3. All equipment must be cleaned up, 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 Party eNVy).

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

  • deliveries impeded by stairs, elevators, steep or uneven surfaces, standing water, mud, or soft surfaces like sand 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; and/or
  • Inaccurate delivery locations or directions supplied by the Customer.
  • Chairs and tables can be set up and arranged to the Customer’s predetermined specification for a charge. Setup is mandatory, and carries separate setup charges, for some items, such as: Chiavari chairs, dance floors, stages and canopies. If setup is requested, then Party eNVy will perform one (1) setup. After the initial setup is completed, then Party eNVy may opt to apply the aforementioned excessive labor charges, or they may opt to leave the premises without performing additional labor.
  • If the renter is not available, then Party eNVy may opt to either setup in a manner deemed appropriate by our staff, or we may opt to leave the equipment curbside. In such instances, no refunds will be given, and the customer accepts liability for any losses and damages that may happen to equipment left unsupervised for any reason, including acts of God.

 

7. EQUIPMENT USAGE AND RETURN.

All dinnerware and flatware must be rinsed reasonably free of any food debris. If the Customer fails to do so, then Party eNVy 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, and Party eNVy 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, unless the items in question are covered by a damage waiver, the Customer agrees to pay Party eNVy 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.

 

8. DAMAGE WAIVER.

An 8% charge 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 EQUIPMENT DUE TO CUSTOMER NEGLIGENCE. Broken/damaged items must be returned in their broken/damaged state or they will be considered stolen. Replacement of lost or damaged items is chargeable in addition to the damage waiver charge.

Damage Waiver may be waived by customer, who will then be liable for payment in full of any and all costs associated with any damages of products, replacement of products, etc. 

9. MEASURING EVENT AREA. 

  • Party eNVy 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 Party eNVy by the Customer.
  • Party eNVy 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. 

10. DISCOUNTS.

Party eNVy may offer discounts at its sole discretion. Any violation by the customer of Party eNVy’s rental contract or Terms and Conditions, including violation of payment terms, will make such discounts null and void.

11. LOCAL RULES AND REGULATIONS.

Any and all rules and regulations governing an event site must be provided in writing to Party eNVy 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 use the space provided below to list any rules or regulations that Party eNVy must follow during delivery, setup or removal of rental equipment as put forth by the owners or designated managers of the event location.