TERMS AND CONDITIONS

 

1. Safety/Operating Instructions: Customer is responsible to assemble and disassemble the tables and chairs. As with any table/chair over loading can cause the structure to fail. While TASTEFUL CATERING is providing a heavy-duty table and chair, misuse, abuse, or improper usage can result in structure failure. Customer agrees to follow manufacturer load ratings and ensure the proper use of the tables/chairs (No standing on tables or chairs). Customer will keep and maintain safety rules for crowd control and to assume any and all risk of injury arising out of table or chair failure due to improper use. 

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2. General Release/Indemnity/Hold harmless: I, «customer», understand and acknowledge that the use of a table/chair entails both known and unknown risks including, but not limited to, physical injury from falling, slipping, crashing or colliding, emotional injury, paralysis, distress, damage or death to any participant. I hereby voluntarily and expressly release, indemnify, forever discharge and hold harmless TASTEFUL CATERING from any and all liability, claims, demands, causes or rights of action whether personal to me or to a third party, which are in any way connected with participation in this activity, including those allegedly attributable to negligent acts or omissions. Should TASTEFUL CATERING or anyone acting on behalf of TASTEFUL CATERING be required to incur attorney's fees and costs to enforce this agreement, I expressly agree to indemnify and hold TASTEFUL CATERING harmless for all such fees and costs. In the event I, the undersigned, or any of my participants file a lawsuit against TASTEFUL CATERING, it is agreed to do so solely in the Quezon City. I agree that if any portion of this agreement is found to be void or unenforceable the remaining portions shall remain in full force and effect. In consideration of being permitted by TASTEFUL CATERING to use its equipment, the undersigned and it participants agree to indemnify and hold harmless TASTEFUL CATERING from any and all claims which are brought by the undersigned and/or their participants and which are in any way connected with such use or participation.

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3. Care of equipment: Customer will clean all tables and chairs prior to re-packing them in the trailer. Customer will remove all food particles, stains, dirt, mud, debris, and tape from tables and chairs to the best of their ability. Customer will report any damage to tables or chairs, setting damaged items separately for inspection by a TASTEFUL CATERING staff member.

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3. Identity of parties: For the purposes of this Rental Agreement. TASTEFUL CATERING shall mean EXQUISITELY TASTEFUL FOOD SERVICES, its officers, directors, staff, employees, contractors, agents, volunteers and "Customer" shall mean «customer» the person(s) or company listed in the "rented to" box on the invoice page of this agreement, as well as the person signing the agreement (if different), and their agents and/or employees.

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4. Equipment, Rent, Payment, and Term of Rental Agreement: Customer rents from TASTEFUL CATERING certain equipment described on the invoice page of this Agreement. The rental fee set forth is payable, in full, in advance, and the rental term shall be that listed as «date»: «start»-«end» on the invoice page of this Agreement, but all of Customer's obligations arising under the terms and conditions of this Rental Agreement and General Release shall run from actual delivery of the Rental Equipment to the actual pick up of the Rental Equipment. When the Equipment is delivered by TASTEFUL CATERING and accepted by Customer, then Customer shall not be entitled to any refund whatsoever if Customer elects not to use the equipment due to weather or other causes.

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5. Returned Check policy: In the event that a check is returned to TASTEFUL CATERIN for insufficient funds customer agrees to pay the total rental price as well as an additional PHP1,000.00 fee to TASTEFUL CATERING in cash immediately upon notice.

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6. Weather: TASTEFUL CATERING  cannot guarantee weather conditions, we reserve the right to cancel or reschedule your rental prior to delivery if severe weather conditions are imminent or if we have any reason to believe that the tent and/or its users may be in danger. Some examples of severe weather are high winds, excessive rain, snow, and lightening. Therefore, it is generally best to schedule the set-up early in the day and tear-down in the early afternoon.

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7. Delivery: Customer will ensure there is a parking area for the van/truck and grants to TASTEFUL CATERING true right to enter the property at «address» for delivery and set-up. TASTEFUL CATERING  staff will pick up the Rental Equipment and any associated equipment or packing materials at the approximately specified times. At the time of pick-up an inventory of all items will be taken.

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8. Receipt/inspection of Rental Equipment: Customer hires the Rental Equipment on an "as is" basis. Customer acknowledges that Customer will personally inspect the rental items prior to its use. Customer specifically agrees that such rental items will not be used if Customer finds that it is not suitable for Customer's needs.

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9. Possession/Title: Customers right to possession of the Rental Equipment begins upon the items being delivered to Customer's premises and terminates on the actual pick up by TASTEFUL CATERING . Retention of possession, or any failure to permit the pick up of the item(s) at or after the end of the "Rental Period" specified constitutes a material breach of this Agreement. In the event that the Equipment is not returned for any reason, including theft, the Customer is obligated to pay to TASTEFUL CATERING  the full replacement value for such Equipment, plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment by TASTEFUL CATERING . Title to the rental items is and shall remain in TASTEFUL CATERING  name. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of TASTEFUL CATERING  delivery of the items, until TASTEFUL CATERING  picks up such items. Customer shall not cause nor permit these items, or any of them, to be sublet, rented, sold, or removed from the Delivery Address, or otherwise transfer such items. If rental items are not returned and/or levied upon for any reason whatsoever, TASTEFUL CATERING  may retake possession of said items without further notice or legal process and use whatever force is reasonably necessary to do so.  Customer hereby agrees to indemnify, defend, and hold TASTEFUL CATERING  harmless from any and all claims and costs arising from such retaking and/or levy. If rental items are levied upon, or otherwise moved from Delivery Address, Customer shall notify TASTEFUL CATERING  immediately.

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10. Care of the Rental Equipment: Customer shall be responsible for any and all damage to any of the Rental Equipment not caused by ordinary wear and tear. "Ordinary wear and tear" shall mean only the normal deterioration of the rental equipment caused by ordinary, reasonable and proper use of the rental equipment. Customer shall be liable to TASTEFUL CATERING  for any and all damage which is not "ordinary wear and tear" in an amount equal to the replacement value of the rental equipment on the invoice page of this Agreement. Damage which is not "ordinary wear and tear" includes, but is not limited to, cutting or tearing of vinyl, bending/breaking of poles or stakes, damage due to overturning, damage due to burning, overloading, exceeding rated capacities, breakage, improper use, abuse, lack of cleaning, contamination of or dirtying of rental equipment with non-approved items such as chemicals, non approved food, paint, silly string, mud, clay, or other materials.Customer shall pay the equivalent value of the damaged rental equipment set forth by TASTEFUL CATERING.

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11. Equipment Problems: Should any equipment develop a problem, or does not function correctly at anytime, or Customer does not understand the operating Instructions. Customer agrees to immediately cease use of that equipment.

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12. Limited Warranty: TASTEFUL CATERING warrants that the Rental Equipment leased under this Agreement will be in good working order when delivered. All equipment is supplied and maintained subject solely to this warranty.   TASTEFUL CATERING sole and exclusive obligations under this warranty is limited to repair or replacement of the rental equipment when TASTEFUL CATERING determines that it does not conform to this warranty. TASTEFUL CATERING makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied.  There is no warranty or representation that the rental equipment is fit for Customer's particular intended use, or that it is free of latent defects. TASTEFUL CATERING  shall not be responsible to Customer or to any third party for any loss, damage, or injury resulting from, or in anyway attributable to the operation of, installation of, use of, or any failure of the rental equipment. TASTEFUL CATERING shall not be responsible for any defect or failure unknown to TASTEFUL CATERING at the time of delivery.

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13. Cancellation Policy: Customer will receive a full refund of deposit with cancellation at least 5 days prior to reservation date «date». If customer cancels less than 5 days prior to reservation date «date» TASTEFUL CATERING  may keep the rental fee but customer may apply it to a future rental within a 30 day period.

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14. Compliance with Laws: Customer agrees not to use or allow anyone to use the rental equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his/her/their sole cost and expense to comply with all municipal, parish, r other governmental or quasi-governmental laws, ordinances and/or regulations which may apply to the use of the rental equipment during the rental period. Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from Customer's use of the rental equipment, including any subsequently determined to be due. Customer is solely responsible for obtaining any/all permits and/or licenses from the appropriate government agencies prior to use.

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15. Legal Fees: In the event that an attorney is retained to enforce any provision of the Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs in such action or proceeding, in an amount to be determined by the court or arbitrator.

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16. Customer Acknowledgment: Customer acknowledges and certifies that they have had a sufficient opportunity to read this entire Agreement, and agree to be bound by all the terms and conditions on all pages and that they understand its content and that they execute it freely, intelligently and without duress of any kind.

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17. Severability: If any of the terms or conditions of this Agreement are found to be unenforceable, illegal or unconscionable by a court of competent jurisdiction, such item shall be stricken from this Agreement, and the remaining terms and conditions of this Agreement shall stay in full force and effect.

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18. Entire Agreement: This Agreement constitutes the full agreement between TASTEFUL CATERING and Customer. Any prior agreements, whether written or oral, promises, negotiations or representations not expressly set forth herein shall be of no force or effect. Customer acknowledges the receipt of the Rental Equipment that is the subject of this Rental Agreement and General Release and the fact that it is in good working order.

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