Rental Terms + Service Conditions

Rental Terms + Conditions


  1. General

Pearwood Brands, LLC. ("Party Rental") and renting and/or purchasing party ("Customer") identified in the applicable Pearwood Brands, LLC. event rental quotation, order, acknowledgement, invoice, or any other contract or agreement between Pearwood Brands, LLC. and Customer (individually and collectively referred to herein as "Contract"), agree to be bound by these Terms and Conditions of Rental and Sale ("Terms") for the materials, goods, and/or products (collectively, the "Goods") rented or sold to Customer pursuant to such Contract. Customer hereby agrees that it will be bound by these Terms and be responsible for orders placed on its behalf by an event coordinator, planner, representative, or agent of Customer, for which such Customer is identified on the Contract, as if such Customer placed such order directly with Pearwood Brands, LLC.

  1. Acceptance/Sole Terms

The provisions set forth herein together with the provisions of the Contract constitute all of the terms and conditions for Customer and with Pearwood Brands, LLC. with regard to the Goods. Pearwood Brands, LLC.’s acceptance and shipment of Customer’s order is expressly made conditional on Customer’s assent to these Terms. Any and all terms, conditions, or provisions specified in any quotation or otherwise (whether oral, typed, written, or printed) that in any way change, modify, amplify, differ from, or add to these Terms or Pearwood Brands, LLC.’s Contract, are null and void and of no effect, even if (i) Pearwood Brands, LLC. does not expressly object to such terms, conditions, or provisions, or (ii) such terms, conditions, or provisions are specified subsequent to such other documents. Customer hereby agrees that no terms additional to or deviating from these Terms shall become part of the Contract unless and until written acceptance of such additional or deviating terms, signed by an authorized officer of Pearwood Brands, LLC., has been issued to Customer. Customer’s acceptance of any Goods supplied by, or on behalf of, Pearwood Brands, LLC. shall, without limitation, also constitute acceptance of these Terms.

  1. Price and Payment

Payment is due in United States dollars before the date of delivery listed on the Contract, except for Customer’s with specific net payment terms listed under the Contract’s billing terms. Rental items will be reserved only with a 50 percent non-refundable deposit. The final balance must be paid 20 days prior to the scheduled reservation date and is non-refundable. Prices stated are subject to change and Customer agrees that additional payments will be owed and payable to Pearwood Brands, LLC. in the event of (i) alterations in specifications, quantities, designs, or delivery schedules or required labor for delivery to specified location(s), (ii) untimely returned or unreturned rented Goods, or rented Goods returned, but in altered or damaged form, and/or (iii) legislation enacted by any level of government, including tax legislation, which increases the cost of producing, warehousing, purchasing, selling, or renting the Goods rented or purchased hereunder. Customer hereby agrees that Pearwood Brands, LLC. may charge any credit or debit card or account provided by Customer for any such change in price resulting in a balance owed by Customer to Pearwood Brands, LLC. No discount will be allowed unless specifically set forth on the face of the Contract. Written quotations will automatically expire thirty (30) days after their issuance unless terminated by Pearwood Brands, LLC. Once a quote or a mock-up has been given to the Customer, if Customer decides to go in another direction the Customer is still required to pay the Design Fee upon notice to Customer. Pearwood Brands, LLC. reserves the right to increase the prices of its rental and sales offerings. The timing and amount of any price increase for any rental or sale Goods will be in the sole and exclusive discretion of Pearwood Brands, LLC. To the extent that a price increase may affect an unexpired written quotation provided by Pearwood Brands, LLC. to Customer, Pearwood Brands, LLC. may in its sole and exclusive discretion honor such quotation or terminate such quotation by notice to Customer, with or without providing a new quotation to Customer.

  1. Acceptance of Goods, Delivery, and Transportation
Customer shall inspect the Goods at the time of delivery. Unless Customer provides Pearwood Brands, LLC. with notice of any claim, shortages of, or defects in the Goods, including without limitation any claim relating to quantity, weight, condition, loss, or damage thereto, at the time of delivery, such Goods shall be deemed finally inspected, checked, and accepted by Customer. The Contract shall specify whether Goods shall be delivered to an indicated address or picked up by Customer. Pearwood Brands, LLC. will determine the point of origin of any shipment. Pearwood Brands, LLC. shall not be responsible for insuring shipments. Customer is responsible for obtaining all permits, licenses, authorizations, and approvals from appropriate parties, companies, and/or government for the lawful and safe use and occupation of the location(s) to which the Goods will be delivered and from which the Goods will be retrieved. Customer is further responsible for providing and obtaining safe and clear access to the delivery and retrieval location(s), including without limitation, ensuring all packaged items are able to be delivered through outside and indoor areas of ingress and egress. Pearwood Brands, LLC. may refuse, without penalty to Pearwood Brands, LLC., delivery and/or retrieval of the Goods if Customer fails to provide safe means of ingress and egress.
Responsibility of the rentals remains with the customer from the time of delivery until the time of return. Customer agrees that all rentals are protected from weather at all times and secured when not in use.
Delivery includes assembly and installation of rental items in one location at the venue before the event and pick up of the items once it is over unless weather permits. Styling of items is an additional service that must be pre-arranged with Pearwood Brands, LLC. Customer acknowledges that any additional movement of the tables and chairs from the said location will incur additional charges (ie. moving chairs from a ceremony set up to reception) and are not included in the delivery charge. Only Pearwood Brands, LLC is permitted to assemble or break down walls, stands, and installations. 
  1. Title and Risk of Loss
Title to any Goods rented to Customer shall remain with Pearwood Brands, LLC. Title to any Goods sold and risk of loss of such Goods passes to Customer upon delivery.

Customer agrees not to use vintage items from any source other than Pearwood Brands, LLC including but not limited to china, teacups, glassware, floral containers, furniture, props, flatware, and/or linens at the event without express written consent by Pearwood Brands, LLC in order to prevent ownership disputes and loss.
  1. No Warranty

Pearwood Brands, LLC. provides goods "as is" without any warranty, express or implied, including no warranty for merchantability or fitness for a particular purpose.

  1. Limitation of Liability
Pearwood Brands, LLC.’s liability (whether under the theories of breach of contract or warranty, negligence, strict liability, or otherwise) for the goods shall be limited to repairing or replacing such goods found by Pearwood Brands, LLC. To be defective with new or reconditioned goods at Pearwood Brands, LLC.’s discretion, or at its option, to refunding, in partial or full, the rental or purchase price of such goods. The parties hereto expressly agree that customer’s sole and exclusive remedy against Pearwood Brands, LLC. shall be for the repair or replacement of the defective goods or, with Pearwood Brands, LLC.’s consent, the refund of the purchase price. Customer hereby agrees that this exclusive remedy shall not be deemed to have failed of its essential purpose so long as Pearwood Brands, LLC. is willing and able to repair or replace the defective goods in the prescribed manner or refund the price, in partial or full, for goods covered by the contract.
  1. Disclaimer of Consequential and Incidental Damages

In no case will Pearwood Brands, LLC. be liable for the cost of procurement of substitute goods, damage to other property, loss of business or profits, loss of production, loss of use, or any other similar or dissimilar consequential, incidental, indirect, punitive, exemplary, or special damages even if Pearwood Brands, LLC. has been advised of the possibility of such damages, which customer or any other person, corporation, company, or other entity may suffer or claim to suffer or incur or claim to incur as a result of any defect in the goods. Consequential damages for purposes hereof shall include, without limitation, loss of use, income or profit, or losses sustained as the result of injury (including death) to any person or loss of or damage to property (including, without limitation, property handled or processed by the use of the goods). Customer shall defend, indemnify, and hold Pearwood Brands, LLC. harmless against all liability, cost, and expense which may be sustained by Pearwood Brands, LLC. on account of any such loss, damage, or injury.

  1. No Insurance

Unless otherwise expressly set forth in the Contract, Pearwood Brands, LLC. is neither providing, nor offering to provide, directly or indirectly, any first or third-party insurance coverage in connection with the rental or sale of the Goods to Customer.

  1. Taxes

Any sales, use, or similar taxes, tariffs, fees, or other levies, taxes, duties, governmental charges, or surcharges now or hereafter imposed under any present or future law in connection with the sale, delivery, use, or rental of the Goods, including without limitation any equipment, accessories, and attachments (including replacements thereof or spare or replacement parts thereof), any installation, repair, maintenance, and instructional services, shall be payable by Customer, and if such taxes or fees are paid or are required to be paid by Pearwood Brands, LLC., the amount thereof shall be added to and become part of the price payable by Customer hereunder.

  1. Packaging

Prices stated are based on Pearwood Brands, LLC.’s standard packaging. Pearwood Brands, LLC. reserves the right of packaging the Goods in pallets, bulk, or individual cartons. Packaging will be standard commercial package and acceptable to commercial carriers. Special Customer packaging will be furnished only when specified, and the cost thereof shall be borne by Customer.

  1. Delays
Unless expressly specified to the contrary, goods in stock will be shipped to arrive by the date of delivery. However, all shipping dates are based upon current availability of materials, present production schedules, and prompt receipt of all necessary information. Pearwood Brands, LLC. will be not be liable for any damage, loss, fault, or expenses arising out of delays in shipment or other nonperformance of these Terms caused by or imposed by (a) strikes, fires, disasters, riots, terrorist acts, or acts of God, (b) acts of Customer, (c) shortages of labor, fuel, power, materials, supplies, transportation, or manufacturing facilities, (d) governmental action, (e) subcontractor or supplier delay including, but not limited to, failure by subcontractor or supplier to make timely delivery, or (f) any other cause or condition beyond Pearwood Brands, LLC.’s reasonable control. In the event of any such delay or nonperformance, Pearwood Brands, LLC. may, at its option and without liability, cancel all or any portion of the contract. Pearwood Brands, LLC. will use commercially reasonable efforts to minimize reasonably anticipated delays but may decline to deliver and/or install Goods if such acts above occur and potentially create unsafe or unsecure delivery or retrieval conditions.
  1. Termination, Cancellation, and Modification
Except as otherwise provided herein or in the Contract, orders cannot be terminated, cancelled, or modified, or shipment deferred after acceptance of Customer’s order by Pearwood Brands, LLC., except with Pearwood Brands, LLC.’s written consent and subject to reasonable charges for expenses incurred and work executed by Pearwood Brands, LLC. Customer may cancel an order up to two (3) days prior to delivery by 5:00 p.m. EST and no fee will be charged to Customer as long as Customer makes such cancellation in writing and the cancellation is acknowledged by Pearwood Brands, LLC. but Customer shall be responsible for fifty percent (50%) of the total Contract amount and that fifty percent (50%) will be immediately due to Pearwood Brands, LLC. and charged to Customer. Customer will be one-hundred percent (100%) responsible for the Contract amount for any cancellation after 5:00 p.m. EST the day prior to the delivery date and that one-hundred percent (100%) will be immediately due to Pearwood Brands, LLC. and charged to Customer.

In the event of forecasted rain for outdoor rentals, customer may adjust scheduling at minimum 72 hours in advance of the scheduled rental delivery. The final payment for these rental items can be refunded but not the original 50 percent deposit. Refunds will be refunded if alternative options and weather assistance aren’t available only. Any cancellations due to weather less than 24 hours in advance will incur the full rental and delivery charges. Pearwood Brands, LLC. and its representatives reserve the exclusive right to not set up furniture outside if it is raining or if rain is imminent. “Forecasted rain” is defined as a 30-50 percent or greater likelihood of rain predicted for the rental date by

Customer agrees that modifications to numbers of plates, flatware, glassware, linens, tables, and chairs cannot exceed a 10 percent decrease to the number. Customer understands that Pearwood Brands, LLC makes no guarantee that there will be additional inventory available.

Customer shall indemnify Pearwood Brands, LLC against any claim, action, damages, and liability, including attorneys’ fees, arising or connected with customer’s use and possession of the rental property.
  1. Damage, Destruction, and Loss

Customer acknowledges that in the event any rented Goods (including without limitation the equipment, chinaware, glassware, silverware, and other Pearwood Brands, LLC. property described in the Contract) sustain any damage or destruction or are lost or stolen while under rent to Customer, Customer agrees to pay Pearwood Brands, LLC. the costs for repair or replacement thereof pursuant to Section 3 herein. Customer further agrees to accept full responsibility and liability, and Customer shall defend, indemnify and hold Pearwood Brands, LLC. harmless for any injury to any other person(s), for any damage to the property of any other person(s), and any other loss that may result through the use or misuse of the Goods. Pearwood Brands, LLC. is not responsible for any damage or liability incurred by handling Customer’s or any other person’s personal property.

  1. Restocking Fee

Any product deletions or reductions requested the day before delivery will be charged a restocking fee of 50% of the rental cost of items.

  1. Return of Rented Goods
Customer shall not deliver possessions of the rental property to any individual(s) other than Pearwood Brands, LLC employees and shall require reasonable identification from such individual(s) prior to surrendering possession.

Customer shall return all rented Goods to Pearwood Brands, LLC. at the time, date, and place designated in the Contract. Customer shall return all rented Goods in the same condition and manner as Customer received them, including without limitation placed in the same packaging, folded and racked in the same manner, and/or cleaned, rinsed, and wiped down as received. Customer shall be responsible for the safe and secure storage of all rented Goods awaiting retrieval. Customer agrees and acknowledges that if Customer fails to return all rented Goods to Pearwood Brands, LLC. at the time, date, and place designated in the Contract or if Customer fails to make all rented Goods available for pickup at such time, date, and place, then Customer is subject to additional service charges pursuant to Section 3 herein, including without limitation Pearwood Brands, LLC.’s consequential and incidental damages regarding any such attempt by Pearwood Brands, LLC. to retrieve the rented Goods, and the procurement, retail, shipping, handling, fulfillment, and/or replacement of such rented Goods.
  1. Returns on Rented Goods & Services

Customer shall not be entitled to return to or obtain a refund from Pearwood Brands, LLC. for any purchased or rented goods (including without limitation paper napkins, disposable plates, and cups, unused or otherwise. Pearwood Brands, LLC. will refund for a service or product that was not provided or partially provided on Pearwood Brands, LLC end within reason and only up to max of 10-15% of the total bill. Customer must present the issue within 3 business days following the event, customer shall allow 3-5 business days to process the refund, refunds can take 7-10 business days to appear in a customer’s bank account after processing. Customer shall hold Pearwood Brands, LLC. harmless, as Pearwood Brands, LLC does not control transaction times once refunds have been processed.

  1. Indemnification
Liability Release Indemnification: Customer assumes liability for, and shall indemnify, defend, and hold harmless Pearwood Brands, LLC, its agents, employees, officers, and assigns from and against, any and all liabilities, obligations, losses, demands, damages, injuries (including, but not limited to, bodily injury, illness and death), claims, penalties, suits, actions, costs and expenses, including attorneys fee, of whatsoever kind and nature, relating to or arising out of the use, condition (including, but not limited to latent and other defects and whether or not discoverable by lessee or lessor), operation ownership, selection, delivery, leasing, or return of the equipment, regardless of where, how, and by whom operated, or any failure on the part of lessee to perform or comply with the conditions of this lease. Without limiting the generality of the foregoing, lessee shall, at its own cost and expense, defend lessor against all claims, suits or proceedings commenced by anyone in which lessor is named as a party for which lessor is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by lessor, and lessee shall be liable and responsible for all costs, expenses, and attorney’s fees incurred in the defense and/or settlement, judgment, or other resolution thereof. In the event any such is commenced naming lessor as a party. Lessor may, in its sole discretion, elect to defend said action on its own behalf with counsel of its choice, and lessee shall be liable for and reimburse lessees for all costs, expenses, and attorney’s’ fees incurred by lessor in such defense.

Purpose of this Clause: The indemnities and assumptions of the liabilities and obligations herein provided for shall continue in full force and effect notwithstanding the expiration or other termination of the lease. In the event lessor fails to perform under the terms of this contract, lessor shall be liable for any attorney’s fees and costs expended by lessee in any claim or action against lessor for breach of contract and/or for specific performance.
  1. Intellectual Property

Any trademarks, branding, drawings, designs, and all other intellectual property of Pearwood Brands, LLC. embodied in, displayed on, or otherwise provided in connection with, the Goods or the Contract ("Intellectual Property"), shall remain the sole property of Pearwood Brands, LLC. Without Pearwood Brands, LLC.’s express prior written permission, Customer will not (a) remove, alter, or deface any trademark or branding including with or displayed on the Goods, and (b) reproduce, use, or communicate to third parties of any such intellectual property.

  1. No Waiver

Forbearance or failure of Pearwood Brands, LLC. to enforce any of the terms and conditions stated herein, or to exercise any right accruing from default of Customer, shall not affect or impair Pearwood Brands, LLC.’s rights arising from such defaults; nor shall forbearance or failure be deemed a waiver of Pearwood Brands, LLC.’s rights in case of any subsequent default of Customer.

  1. Severability
If any provision of these Terms is unenforceable or invalid, these Terms shall be interpreted and enforced to the greatest extent possible as if the unenforceable provision or portion had never been a part hereof.
  1. Assignment

These Terms shall be binding upon and shall inure to the benefit of the successors and assigns of Customer and Pearwood Brands, LLC. provided, however, that Customer may not assign or transfer the Contract or these Terms, in whole or in part, except upon the prior written consent of Pearwood Brands, LLC.

  1. Governing Law; Venue; Resale

The Contract and these Terms shall be construed in accordance with and governed by the laws of the State of New Jersey, without regard to its conflicts-of-laws rules or principles. All actions or proceedings arising directly or indirectly herefrom or related hereto shall be litigated only in the courts of Essex County in the State of New Jersey. The parties hereby consent to the jurisdiction and venue of such courts.

  1. Entire Contract

Customer and Pearwood Brands, LLC. hereby agree that these Terms along with the Contract shall constitute the entire agreement between Customer and Pearwood Brands, LLC. and no prior or contemporaneous oral or written statement, correspondence, sample, or other terms, quotations, or understandings shall modify, alter, or in any way affect the terms thereof.

  1. Dye Lot Variances

There may be some variance in color or pattern between batches and dye lots of a product or fabric. Please note that we cannot offer refunds and/or exchanges for any variance-related issues due to the variables that occur during the manufacturing and processing of our products.

  1. Substitutions

Should a requested product become unavailable at any time, we reserve the right to substitute alternative products to an order. We will make every effort to provide a substitution comparable in quality or functionality to the requested product.

  1. Rental Item Wear

Due to the nature of our business, our items are frequently rented and cleaned. While we strive to give you the best quality products every time, please note that there may be signs of “ordinary wear and tear” and that we cannot guarantee new or like-new quality.