Terms of service.
For the purpose of this Rental Agreement:
Bohoing shall mean the Rental Company, its owners, officers, directors, and employees;
Customer(s) shall mean Customers, 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 Bohoing’s showroom or warehouse, or any other facility owned or leased by Bohoing 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:
INDEMNITY/HOLD HARMLESS.
Customer will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage. In case of damage, the cost of repair or replacement will be deducted from the security deposit.
Customer agrees to hold Bohoing 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.
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 Bohoing 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 Bohoing, which customer otherwise may be entitled to assert.
POSSESSION/ TITLE.
Bohoing 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 (or a lesser amount determined at the sole discretion of Bohoing)
A signed & dated copy of these Terms and Conditions or confirmation and understanding the terms and conditions in an email; and
A signed & dated rental agreement in case of multi-day rentals
The remaining balance of the rental agreement must be paid 7 days prior to delivery, unless otherwise specified by Bohoing. If this obligation is not met, Bohoing 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 California law.
Customer’s right to possession of the rental items:
In case of short-term rental, it is for 3-hours. Equipment must be ready for pick-up by our installation team at the end of the 3-hour rental. Equipment returned after the normal 3-hour rental will be charged for a full additional rental fee for every additional three hours.
Is for a 1-day period. In case of hiring Bohoing’s installation team, the equipment must be ready for pick up by the 1-day rental hour. In case of customer’s self installation, the equipment must be returned within the 24 hour period. Equipment returned after normal business hours on the third day will be charged for an additional 3-day rental period.
The multi-day rental agreement begins when the rental items leave the rental center in the care of the customer, or when the customer accepts and signs for the delivery of the rental items upon delivery. The 3-hour rental agreement begins when at the customer’s requested reservation hour.
In case of one-day rental and 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 Bohoing has regained possession of the rental equipment.
Any extension of the agreement must be agreed upon by Bohoing in writing.
Title of the rental items shall, at all times, remain with Bohoing.
Customer authorizes Bohoing to retake possession of the rental items without notice or legal process at any time, despite whether the equipment is on private property.
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 Bohoing and their customers must be filed in San Diego County, and any litigation will be held in a San Diego Court.
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.”
UNSAFE CONDITIONS.
Bohoing reserves the right to refuse to install or deliver rental equipment due to unsafe conditions or weather. If this occurs, Customer will be liable for a minimum of 50% of the total cost specified in the Rental Agreement. In the absence of unsafe weather or other conditions, Bohoing will use all aBohoingopriate means and methods to secure the rental equipment for the safety of the Customer and the equipment.
Bohoing 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 check for underground utilities and water mains.
CANCELLATIONS.
All customers will provide a 50% NONREFUNDABLE DEPOSIT in order for Bohoing to reserve their order.
3-hour rental customers who cancel their orders within 3 days of the reserved date WILL LOSE THEIR DEPOSIT regardless of their circumstances or reasons for cancellation.
Full day rental customers who cancel their orders within 7 days of the reserved date WILL LOSE THEIR DEPOSIT regardless of their circumstances or reasons for cancellation.
3-hour rental customers who cancel their order before 3 days of the reserved date WILL NOT LOSE THEIR DEPOSIT. The customer holds the right to reschedule the reservation for a future date.
Full-day rental customers who cancel their order before 7 days of the reserved date WILL NOT LOSE THEIR DEPOSIT. The customer holds the right to reschedule the reservation for a future date.
Adjustments to orders can be made until 7 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 50% DEPOSIT.
Specialty items include specialty cut linens, and items that require Bohoing to manufacture, sub-rent, or purchase equipment. Specialty items are non-refundable once they have been ordered by Bohoing, or manufacturing of such items has begun
Canopies & heaters must be canceled at least 7 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 50% DEPOSIT.
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
Bohoing will reserve will call/pickup orders only if a rental agreement and this document have been signed. If the customer fails to pick up their will call order on the specified date, then Bohoing may re-rent the equipment; or if the equipment goes unrented, then Bohoing MAY STILL COLLECT A MINIMUM OF 50% 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.
Bohoing will assist the customer in loading, but Bohoing 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 Bohoing.
INSTALLATION AND DELIVERY CHARGES
Minimum delivery charges are based on exact reservation hour delivery window and exact hour pickups. Late evening pickups can be arranged for additional charges.
Customers must be present for their entire delivery window. Bohoing 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 be delivered only if the cost of the items rented, excluding delivery fees and labor, is at least $280.
Bohoing offers setup/breakdown services of equipment for additional charges.
“Curbside delivery,” is defined as:
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.
Bohoing will stack items neatly and securely with reasonable access for the Customer;
All equipment must be re-stacked and made ready for pick up by the Customer in same manner in which it was delivered;
There will be a minimum two hour window for both delivery and pickup (unless otherwise arranged in writing with Bohoing).
Bohoing may assess additional charges at a rate of up to $120 per hour when delivery conditions cause Bohoing 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 Bohoing will perform one (1) setup. After the initial setup is completed, then Bohoing 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 Bohoing may opt to either setup in a manner deemed Bohoing 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.
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 Bohoing 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 Bohoing 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 quest ion are covered by a damage waiver, the Customer agrees to pay Bohoing 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.
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 items must be returned in their broken state or they will be considered stolen. Replacement of lost or damaged items is chargeable in addition to the damage waiver charge.
MEASURING EVENT AREA
Bohoing 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 Bohoing by the Customer.
Bohoing 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.
DISCOUNTS
Bohoing may offer discounts at its sole discretion. Any violation by the customer of Bohoing’s rental contract or Terms and Conditions, including violation of payment terms, will make such discounts null and void.
LOCAL RULES AND REGULATIONS
Any and all rules and regulations governing an event site must be provided in writing to Bohoing 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 Bohoing must follow during delivery, setup or removal of rental equipment as put forth by the owners or designated managers of the event location.