Rental Terms + Conditions
RENTAL TERMS, CONDITIONS, AND RENTAL ORDER IMPORTANT – READ THE FOLLOWING RENTAL TERMS, CONDITIONS
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.
- 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.
- 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.
- Acceptance of Goods, Delivery, and Transportation
- Title and Risk of Loss
- 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.
- Limitation of Liability
- 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.
- 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.
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.
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.
- Termination, Cancellation, and Modification
- 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.
- 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.
- Return of Rented Goods
- 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.
- 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.
- 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.
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.
- 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.
- 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.
- 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.
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.
- 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.