Rental Contract

Rental Contract

1. General: Azteca Party Rentals Inc. ("Azteca") and renting and/or purchasing party ("Client") identified in the applicable Azteca Party Rentals event rental quotation, reservation, acknowledgement, invoice, or any other contract or agreement between Azteca and Client (individually and collectively referred to herein as "Contract"), agree to be bound by these Terms and Conditions of Rental ("Terms") for the materials, goods, rentals, and/or products (collectively, the "Goods") rented to Client pursuant to such Contract. Client 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 Client, for which such Client is identified on the Contract, as if such Client placed such order directly with Azteca. 

2. Payment: Upon receiving first payment for rentals, Client agrees to the terms and conditions as stated in this Contract. For small orders totaling less than $200, a minimum, non-refundable 50% payment of the total order amount is required to reserve Goods for specified event date. For large orders totaling more than $200, a minimum, non-refundable 25% payment of the total order amount is required to reserve Goods and specified event date when reserving Goods more than 31 days before the specified event date. All orders must be paid a minimum, non-refundable amount of 50% of the total order amount when reserving Goods less than 31 days before the specified event date. Any final payments and/or adjustments must be made 2 weeks before the specified event date. Prices stated are subject to change and Client agrees that additional payments will be owed and payable to Azteca 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. Extra fees in the event of (i) stairs/elevators/narrow walk-ways Azteca must take to arrive at event space, and/or (ii) event space is more than 30’ away from delivery trucks etc. may apply. Client hereby agrees that Azteca may charge any credit or debit card or account provided by Client for any such change in price resulting in a balance owed by Client to Azteca. No discount will be allowed unless specifically set forth on the face of the Contract. Client understands a 4% fee will be automatically applied to any credit/debit payment. Written quotations will automatically expire two (2) days after their issuance unless terminated by Azteca upon notice to Client. Contracts DO NOT include set-ups of any rentals with the exception of tents, dance floors, heaters, and/or fabric/flower decorations unless otherwise noted. Azteca 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 Azteca. To the extent that a price increase may affect an unexpired written quotation provided by Azteca to Client, Azteca may in its sole and exclusive discretion honor such quotation or terminate such quotation by notice to Client, with or without providing a new quotation to Client. Safety deposits will be automatically applied with amounts calculated in the sole and exclusive discretion of Azteca based on event value. Safety Deposits are not guaranteed refundable and may be returned after full inspection at our warehouse location and will take approximately 31 days for processing. Deductions in refundable deposit may also apply to the following scenarios: rentals considered damaged at the discretion of Azteca, missing Goods, Goods not returned on an agreed time, date & location, etc.

3. Delivery & Retrieval: Client agrees to make any final payments at time of delivery otherwise Azteca is NOT allowed to leave Goods. Client shall inspect the Goods at the time of delivery. Unless Client provides Azteca 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 Client. The Contract shall specify whether Goods shall be delivered to an indicated address or picked up by Client at Azteca’s warehouse location. To said location, specified by the Client, Client grants Azteca the right to enter the property at said location for delivery and subsequent pick up of Azteca at the time frames provided. Client 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. Client 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. Azteca may refuse, without penalty to Azteca, delivery and/or retrieval of the Goods if Client fails to provide safe means of ingress and egress. Client must remove personal belongings and/or retain pets, children, etc. to prevent any injuries to either party while unloading/loading, setting up, and/or taking down Goods. Client shall return all rented Goods in the same condition and manner as Client received them, including without limitation the removal of debris and/or wiped down as received. Client shall be responsible for the safe and secure storage of all rented Goods awaiting retrieval. Customer agrees and acknowledges that if Customer fails to make all rented Goods available for pickup at such time, date, and place designated in the Contract, then Client is subject to additional service charges pursuant to Section 2 herein, including without limitation Azteca’s consequential and incidental damages regarding any such attempt by Azteca to retrieve the rented Goods, and the procurement, retail, shipping, handling, fulfillment, and/or replacement of such rented Goods.

4. Office Pick ups: Client agrees to make any final payments at time of office pick up otherwise Azteca is NOT allowed to leave Goods.. A government issued ID, credit card, and license plate of vehicle at time of the office pick up is REQUIRED. Client shall inspect the Goods at the time of pick up. Unless Client provides Azteca 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 pick up, such Goods shall be deemed finally inspected, checked, and accepted by Client. Client 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 used. Client shall return all rented Goods to Azteca at the time, date, and place designated in the Contract. Client shall return all rented Goods in the same condition and manner as Client received them, including without limitation, debris removal, and/or wiped down as received. Client shall be responsible for the safe and secure storage of all rented Goods. Client agrees and acknowledges that if Client fails to return all rented Goods to Azteca at the time, date, and place designated in the Contract, then Client is subject to additional service charges pursuant to Section 2 herein, including without limitation Azteca’s consequential and incidental damages regarding any such attempt by Azteca to retrieve the rented Goods, and the procurement, retail, shipping, handling, fulfillment, and/or replacement of such rented Goods.

5. Release of Liability: Client shall hold harmless, defend, save, and indemnify Azteca and its agents, employees, officers, directors, and its respective heirs, assigns, successors, and executors from and against any and all liability, claims, demands, whether groundless, false, or fraudulent, costs (including expert and attorney’s fees), damages, losses, judgments, or awards, brought by a third party or parties arising out of or in any way connected with any act or omission of Client. The duty to defend as provided herein is separate and distinct from the duty to indemnify, and shall arise immediately upon the tender of any third party claim or demand, and shall continue until it is conclusively proven that there is no possibility for indemnity.  In no case will Azteca 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 Azteca has been advised of the possibility of such damages, which client 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). Client shall defend, indemnify, and hold Azteca harmless against all liability, cost, and expense which may be sustained by Azteca on account of any such loss, damage, or injury.

6. Disclaimer of Consequential and Incidental Damages: Client is responsible to stay with Goods at designated time, date, and location. Client agrees that the Goods is not to be loaned, sublet, mortgaged or in any other manner disposed of by Client. Client understands Goods cannot leave said location and may be charged additional fees. Client acknowledges that in the event any rented Goods (including without limitation the Goods, fabric, furniture, flower decor, and other Azteca property described in the Contract) sustain any damage or destruction or are lost or stolen, Client agrees to pay Azteca the costs for repair or replacement thereof pursuant to Section 2 herein. Client further agrees to accept full responsibility and liability, and Client shall defend, indemnify and hold Azteca 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. Azteca is not responsible for any damage or liability incurred by handling Client’s or any other person’s personal property. Azteca is not responsible for any water pipes, terrain areas, and/or concrete areas that may get damaged during set-up and/or take-downs of our tents. 

7. Cancellation Policy: Azteca is not responsible for bad weather, disruption of electrical service, and/or unfavorable conditions that may arise and no charges or fees will be reimbursed as a result. Cancellation fees will apply for requests not made in a timely manner. Rain Check requests must be made in writing by Client and will be responded to promptly in the sole and exclusive discretion of Azteca. Payments for rentals will be applied to highest priced rentals and/or custom orders. In the event Client refuses to make final payments for agreed rentals, Azteca has the right to cancel lowest priced rentals to balance the amount owed and/or Azteca may refuse service. Goods may be returned if Client no longer needs Goods on the specified event date, however no refund will be approved and no credit will apply to Client’s account.
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.