This rental agreement is entered into as of the date of the transaction by and between Trees For Rent ltd (the Lessor) and the client (the Lessee). The agreement shall include and be subject to the following terms and conditions.
Specifications of the tree being leased, pricing and dates detailed on the order form shall be part of this agreement.
In the event that the actual size of items delivered under this agreement differs from the order form, the lease charge shall be altered by the Lessor.
Delivery and Return - The Lessee shall be deemed to have taken delivery of the tree from the time the tree is set aside from the Lessors inventory for the Lessees use. The Lessee shall be deemed to have returned the tree only at such time as the Lessor shall have picked up the tree. The Lessee shall only use the tree in accordance with the Lessors recommended use and shall neither abuse or misuse the tree nor use or store the tree in any manner or at any location which will subject it to abnormal or hazardous conditions or risk. The Lessee shall take all necessary precautions during the use of the tree to protect the tree from damage. The Lessee agrees to water the tree as necessary to maintain optimal health; to maintain the tree in an optimal environment; and to decorate the tree with care.
The Lessee is responsible for the care of the tree during the term of the agreement. The Lessee shall inspect the tree immediately on delivery and notify the Lessor at that time if the Lessee determines that the tree is damaged at that time. From delivery of the tree to the Lessee until its return to the Lessor, the Lessee shall bear any and all risk of loss and/or damage to the tree, unless such damage is caused by the Lessors agent. If the tree is damaged, the Lessee shall be liable for the purchase price of a new tree, as displayed on the order form.
|Such damage includes, but is not limited to, loss of
the tree due to one or more of the following reasons.
|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.