Indemnification - The Lesse agrees to defend, indemnify and hold the Lessor harmless against any claim, liability, loss, costs, damages, expenses or demands arising directly or indirectly out of or in connection with the use of the tree rented from the Lessor by the Lessee, its agents, servants, contractors, representatives, guests, invitees or customers. The Lessor is not responsible for any damage to the Lessees property or person resulting from the Lessees use of the tree.
Payment - The Lessors accept credit cards as forms of payment. The Lessor may obtain a preapproval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time of rental. the Lessor is not responsible for pricing, typographical, or other errors in any offer by the Lessor and reserves the right to cancel any orders resulting from such errors.
Security deposit - The Lessor may require the Lessee to maintain a security deposit in an amount up to or equal to the purchase price of the tree. Said security deposit shall be final. Lessee and/or charge card holder waive all rights to dispute charges with credit/charge company and agree to resolve disputes as if the charges were made as cash payments. In the event that the credit/charge company fails to honour Lessors charges for any reason or if the credit charge or credit available shall be insufficient to cover the claims of the Lessor under this agreement then the Lessee shall remain absolutely liable for the full amount of claims. Security deposits wil be released only after inspection of the tree for damage or loss.
Title and Ownership - This agreement constitutes a lease not a sale of a tree. No part of the rental payments made under this agreement shall bedeemed payment towards the purchase of the tree. The Lessee specifically acknowledges the Lessors superior title and ownership of the tree and must keep the tree free of all liens, levies and encumbrances.
Surrender upon expiration under this agreement, the Lessee shall return the tree to the Lessors in the same condition as at the delivery to the Lessee, ordinary growth accepted.
Photos - The Lessee may submit photos of the tree to the Lessor. Once submitted, all photos become the property of the Lessor and may be displayed or used by the Lessor for any purpose. The Lessor will not be able to return any photos once submitted.
Misc Provisions
- If any provision in this agreement is held invalid, illegal or unenforceable, the remaining provisions will in no way be affected or impaired.
- If the Lessee fails to return the tree by the return date specified the Lessee is liable for the purchase price of the tree
- This agreement shall be binding upon the parties, their successors and assigns.
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