Loading...
166338 11/24/2008 CITY OF CARMEL, INDIANA VENDOR: 237300 Page A of 1 ONE CIVIC SQUARE PARTY TIME RENTAL INC CARMEL, INDIANA 46032 1212 S RANGELINE RD CHECK AMOUNT: $795.43 t�� CARMEL IN 46032 CHECK NUMBER: 166338 CHECK DATE: 11/2412008 DEPARTMENT A CCOUNT PO NUMBE INV OICE NUMBE AMOUNT DESCRIPTION 1160 R4359003 18012 162551 795.43 HOLIDAY RENTALS 4P' MIX e F 9 e e x c r.. 1212 South Rahgelllle Rd. RENTALAGREEMENT The below equipment has been received by"the undersigned for rental purposes only, and it is understood that PTR, Inc. d/b /a Party Time Rental Carmel, IN 46032 r Lessor shall not be held responsible for any accident or damage resulting directly or indirectly from the use of the leased equipment. The lessor expressly disclaims all warranties, either expressed or implied including any implied warranties of merchantability or fitness.for a particular purpose, (317) 844 -5178 and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The lessee agrees to indemnify and hold the Lessor harmless from and against any claims, actions, proceedings, costs, damages to property, consequential damages, FAX (317) 575-2272 loss of income or any other incidental damages, even those damages caused by the negligence of lessor, including attorneys' fees, arising out of, .-REN M, connected with, or resulting from the use of the equipment, including, but not limited to, the manufacture, selection, delivery, possession, use operation, WWw.pl rinc.com or return oftheequipment X ua M .r.. tai Y r t c'•� 7 a,;,;,a 33 y, t a�a F v�:: r, a S �vs&�, CITY OF CARMEL- TREASURER OFCE CARMEL FIREHOUSE �35� Res# 120621 '1 CIVIC SQUARE I CIVIC SQUARE Can# 162551 CARMEL IN 46032 CARMEL 46032 _zr«,.* a .5'"�st k d -1tit ^•Pne z t a tt t p1'. a,.. 251' aF. �ur, 1�,. �;w.»�,.,",F•.,a�;�,.",.3�«.�.� �A -97 W (317) 571 -2495 11/10/08 3:01 PM AW j 7 AG.ls �t�az- .•.,.��„�w, w P.B# °�`a��,a�.,OROEBEB,BV� u� .a������5,. "��.�..,�aaw�.�.���. UB (•VETERANS.DAY LARNE. RETURNED 11/10/081 4:00 PM DM #TINA!# Charge for 1.00 Day(s) Page: 1 t,� Ie�r, 4 =�M` �..Irl�l� .W��r &���T$,��€ j�..�,�,;ai�e'�.� Rental Text BILLING DEL: DROP OFF BY BAM 11410 PU: AT 2PM ON 11110 **NO SET UP /TEAR DOWN** DIRECTIONS: TAKE.RANGELINE TO CIVIC SQUARE FOLLOW UNTIL YOU CAN T/R INTO THE PACK OF THE FIRE DEFT. HEADQUARTERS-- -.IIELANIE WILL MEET YOU THERE! MELANIE' 4 60. 3498 NOTE: BUNTINGS MUST MATCH EACH OTHER 6 6405 0000 RISER 16" 4X8 30.00 90.00 270.00 180.00 180.04 DO NOT USE IN RAIN SNOW OR STRONG WIND 3 5605 -0000 SKIRTING RISER WHITE 16 "X8' 9.60 28.80 86.40 28.80 28.80 PLEASE. DO NOT STORE LINENS IN PLASTIC BAGS PLEASE RETURN CLIPS FEE: $1.50 EA PLEASE RETURN HANGERS REPLACEMENT FEE: $5 EACH 2 6407 -0000 RISER STEP 2 STEP FOR 16" 0.00 0.00 DO NOT USE IN RAIN SNOW OR STRONG WIND 24 5866 -0000 RISER CLIPS FOR 8' 0.Ok'+ 0.0 6 M151 -0000 *BACKDROP RED 12 FT 40.00 120.00 360.00 240.00 240.00 12 M038 -0000 *UPRIGHT 9'-16 0.00 0.00 12 M031 -0000 *BASE EXTRA LARNE 0.00 0.00 6 M003 -0000 *CROSSBARS 6' -10' ADJUSTALE 0.00 0.00 4 M039-0000 *DRAPE RED 12 FT 0.01271 0.00 2 ..5899- 0000.EXHIBIT BUNTING_ RD /WH /BL /NYLO10.00' 30.00 9101.!10 20.00 213.00 L f %h GE R REP GEMf NT rrr 10%.+ •c..• t,,.r .u 1 1 1CVA�6rd1'.yL"°' r� ria cy q `M a� 6 ,c. `�r1 ,•q r,Y�h,'wl ,at,h`> Z�Q ti FiN AL BIL "LING Q U U W rl cc rn H Z Z EMERGENCY #(317) 252 -3832 UNDERGROUND (800) 382 -5544 I HEREBY AUTHORIZE THE LESSOR TO MAKE APPROPRIATE CHARGES TO MY CREDIT CARD. YES INITIALS FAILURE TO RETURN PROPERTY (LEASED) TO LESSOR WITHIN 72 HOURS AFTER AGREED TIME CONSTITUTES PRIMA FACIE EVIDENCE OF UNAUTHORIZED CONTROL OVER SAID PROPERTY WHICH CAN CONSTITUTES THEFT. IS PUNISHABLE BY 2 YEARS IN PRISON PLUS UP TO A $10,000 FINE. EQUIPMENT RENTED ON THIS CONTRACT IS NO FOR SALE. I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE:EOUIPMENTAND I FULLY UNDERSTAND THOSEJNSTRUCTIONS. The undersigned having read and understood the above terms as well as the Additional Terms and Conditions on the reverse side hereof, hereby agrees to rent the above equipment/articles on terms and conditions set forth in this Rental Agreement, and is an authorized agent for the Lessee. EQUIPMENT LEASED BY X EQUIPMENT RETURNED BY X Terms and Conditions 1. INSPECTION, Lessee acknowledges. that he has had an opportu3nity'.o persona' y inspect the equipment and finds it suitable for his needs and in good contortion. Lessee understands Its proper use. Lessee furl` €er acknowledges Lessee responsibility to inspect the equipment prior to its use'and to notify Lessor of any defects. 2.TIME OF RETURN. Lessen right of possession to °minate's"on the expiration of the rental perioe and retention of possession after this time constitutes a material breach of Lessee's obligations under this contract. Time is of the essence in this agreement. Any extension must, at Lessor's election be mutually agreed upon in writing. 3. RETURN OF EQUIPMENT. At the termination of this agreement, Lessee shall return all the equiormht to Lessor's premises during Lessor's regular business hours, in the condition and repair as when delivered to Lessee, subject only to reasonable wear and tear. Lessee shall be liable for all damages to or loss of the Equipment occurring because it was not returned within Lessor's regular business hours. If Lessor has agreed to deliver the Equipment to Lessee or to pick rip the Equipment from Lessee. Lessee shall be responsible for all losses or damage to the Equipment from time of delivery to Lessee and until picked up by Lessor. 4. PARTIES. As used in this Rental Agreement, the terms "Lessor" arrd °we" shall mean, PTR, Inc. d?b1a Party Time Rental- The terms "Lessee" and "you" shall mean the party executing this Rental Agreement as such on the face hereof. 5. HOLD FHA LESS AGREEMENT. Lessee shall defend, indemnify and hold harmless Lessor its employees, agents and subsidiaries, from and against all claims, liabilities,:osses, damages to property or others +.ise, and expenses of every character whatsoever, resulting from the actions negligent or otherwise, of Lessee, Lessee's employees and agent of Lessee or Lessee subcontractor. The indemnities included in this exhibit shall include reasonable attorney's fees paid by Lessor in defending suit and actions involving liability covered by the indemnificat;on provision in this paragraph, 6.TIME. All equipment rental charges are for time cut NOT TIME USED. Most prices quoted are for a one day (24 hours charges. If equipment is needed for a longer time peigd, we also thave ^weekly 1 7 days, and monthly 1 28 days) rates. For most equipment the weekly rate is three times the daily rate arid the monthly rate is three times the' v�eeksy rate. 7 LIABILITY All equipment is for rental purposes only, and it is understood that the Lessor shall not be held responsible for any accident or damage resulting directly or indirectly from the use of the leased equipment. The Lessor expressly disclaims all warranties, either expressed or implied including any implied warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability in connection o0th the use of this equipment. The Lessee agrees to indemnifv and hold the Lessor harmless from and against any claims, actions, proceedings, costs, damages to property consequential damages, loss of income or ary other incidental damages, even those damages caused by the negligence of the Lessor, including attorneys' fees, arising orit of, connected with or resulting from the use of the equipment; including but not limited to, the manufacture, selection, delivery,. possession, use operation, or return of the equipment. S. COLLECTION COSTS. The Lessee agrees to pay all reasonable collection atlorney's and court fees and other expenses involved in the collection of charges or enforcement of the Lessor's rights under this contract.. 9. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in disrepair for any reason, Lessee agrees to discontinue its use and to notify Lessor. Lessor will ,repair or replace the equipment with similar equipment in good working order if available and if the defect is the result of normal use. Lessor is not responsible for any ncidental or consequential damages caused by delays or otherwise, and Lessee hereby waives any right or entitlement thereto. 10. DAMAGE WAIVER. A six percent (6%) non- refundable damage waiver is applied to the cost of all rental equipment. This cost is only minor repairable damage, and is not to be construed as insurance. The damage waiver does rot cover damage caused by misuse. abuse nor does it cover theft. Minor damage is defined as damage that can be repaired for an amount less than six percent (6%) of the equipment's rental fee. 11. PROTECTION OF EQUIPMENT. It is the responsibility of the Lessee to protect all equipment from damage, exposure to weather. or other damage that occurs from issue of equipment. The Lessee must protect the equipment until it is returned or until' the agreed pick -up time and date. 12. THEFT OF EQUIPMENT. The Lessee agrees to pay for equipment Eat its replacement cost when rentedl for all types of theft or mysterious disappearance. Damage Waiver does not cover th eft, 13. WEATHER RELATED RISKS. Lessee assumes all weather related risks involved in holding an outdoor tented event. Lessor will endeavor to minimize said risk, however, should the tenting become unusable due to high wind, snow, rain, flooding, extreme cold or neat, or any other factor beyond Lessor's control, Lessee shall still be liable for payment in frill of all charges. 14. DIRTY, OR DAMAGED EQUIPMENT. Lessee agrees to pay for any damage to rented equipment regardless.of cause,_ except reasonable :near and tear, wahiie equipment is out of possession of Lessor. Lessee also agrees to pay a reasonable cleaning charge for all equipment rerun led dirty. Accrued rental charges cannot be applied against the purchase or cost of repair or damaged goods. Rental Equipment darnaged beyond repair will be paid for by Lessee at its Replacement Cost when rented. The cost of repairs will be borne by the Lessee, whether performed by Lessor, or at the Lessor's option by others. 15. LOSS OR DAMAGE. To the extent that damage to the equipment is not coverers by the foregoing Damage Waiver provision, the Lessee assumes all risk of loss or of damage to the egsed equipment from any c asset No losst�f or damage to the equipment shall impair any obligation of the Lessee under this Rental Agreement, including1he repayment of rental teas. Lessor shall have the option of repairing or replacing the equipment, and Lessee shall be responsible for such costs. 16. PAYMENT TERMS. We require a valid Visa, MasterCard, American Express or Discover care, mn, ber to make a reservation unless the party renting the equipment has a pre arranged account at Party Time Rental. The credit card number will secure the reservation until the ddte of the event. If a credit card is not presented at pick, up, then, a cash security deposit equal to the replacement cost of the equipment is required in addition to the rental fee. 17. CANCELLATION. A party making a reservation will be subject to a 25% cancellation. fee if the entire reservation is cancelled within thinv.(30) days of the even`,. This policy applies to all parties, including those who have pre arranged accounts at Party Time Rental. Cancellation of inflatable and special seasonal e will be subject to a 1007 -k fee. 18. DELIVER AND PICK -UP. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs. If this service is required, arrangements should be made several days prior to deliver, with a special charge quoted. ff no arrangements are made and this service is desires( on delivery, our driver must call for authorization. If tune permits, we will try to accommodate you after quoting the price. On pick up v,ilnere no prior arrangements have been made and equipment is not knocked down and asserribied in one sheltered area tables and chairs will be left until the next day :ran a ,ped rew can be scheduled. Thee w it be an additional one day rental. A knock dorrrn fee will result if equipments Still rip. 19. PREPARATION OF SITE. Lessee agrees to have the site upon which the equipment is to be erected, free and clear of all obstacles natural and man made, prior to the arrival at the Lessor's work crew. Lessee further agrees to have all tents cleared for removal prior To our arrival. All non ;eased equipment and decorations shall be cleared and taken from site. if Lessee fails to do so. then Lessee shall pay all costs involved for any delay, additional rental, and all costs including collection and legal expense. 20. UNDERGROUND FACILITIES. Lessee agrees to have all Underground Facilities, in the vciniry o *'he Equipment installation, clearly marked prior to the arrival of Lessor's work crevvf Lessee assumes full responsibility for damage to all Underground Facilities. To identify Underground Faclli >..ies, Lessee must call one week prior to inst; ll ;ttfon. CALL BEFORE YOU DIG 804- 382 -5544 21. SET-UP/TEAR DOWN. Set up and/or fear down of equipment is also available. Party Time Rental will be happy to quote a charge to the customer based on the rental item to be se up/torn dowel. Any equipment not previously scheduled to be set -up or torn down will be assesses normal set-up/tear doom charges plus a minimum 850 fee. 22. IDENTIFICATION, W" Wen picking up rental equipment w our location, we require a valid Irndiana State Driver's License. For insurance purposes, we are required to photocopy the Lessees license. 23. EQUIPMENT USE. Upon picking up or accepting deliver=y of equipment learn to use the item(s), We do our best to instruct each customer on how to safely use the equ,prrtent. Sfr;;rr'd an item not :went< Properly, p +ease contact the Lessor as soon as you have discovered the problem. We will either provide further instruction or we will replace the item. Also, upon .pid <ing up or accepting delivery of equipment be sure that y=ou have received all of the items that you reserved, Provided that the items are not correct or acceptable, we must be advised irnrr°;ediately in order to remedy the situation. The Lessee shall use the equipment in a careful and proper manner; 24. LIQUIDATED DAMAGES, In the event that the Lessor fails to deliver any equipment, or is unab`e to remedy problems with the delivered equipment, the Lessor's sole response} ,i �,1 shall beN 6fund to the Lessee the rental fee for the particular equipment. 25. SEE ABILITY. It any provision of this Renal Agreement is held invalid'by a court of ccmpe,ent Jurisdiction, it dull be considered deleted; from this Reolai Agreement, but such .nvalii .�V shall not affect :lie rather provisions that can tie g effect in the absence of the invalid provisions. 26.AT ORNEY'S FEES. in the event that either party files an action in relation to `his Rental Agreement, the Unsuccessful party in the action shall pay to the successful party, in addition to all other sums that either party may be called upon to payi a reasonable sum for the successful party's attorneys' fees. 'e 27 LINENS, Table linens are inspected prior to pick up and upon return. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG mildew's "tiill result. If tl4 is.obvious damage such as t, alias <ive stains, burns or tears, you will be charged the cost of the linen and,ileeP same as though it were A sale. Return aft linens dry'and free of waste. 28. COOKING UNDER TENTS. Lessee agrees not to eta any type of cooking under or ,within a reasonable distance of the teht. Lessee assumes fill( responsibility and costs incdrted fbr damage and, or cleaning; expense to tent tops clue to cooking processes under or near tents. I 1212 South Ral geIi Ad ry,� RENTALAGREEMENT The below equipment has been received by the undersigned for rental purposes only, and it is understood that PTR, Inc. d/b /a Party Time Rental j. Carmel, I 46032 3 T'Lessor shall not be held responsible for any accident or damage resulting directly or indirectly from the use of the leased equipment The lessor J C Q expressly disclaims all warranties, eitf er expressed or implied indudmgany implied warranties of merchantability or fitness for a particular purpose,:.; 317. 84 78 and neither nor authorizes any other person foassume for it any liability connection with the use'of this iment:. The lessee agrees to Y equip ndemnify,and,hold the Lessor. harmless from and against any claims actidns, proceedings, costs, damages to property;, consequential damages, "'FAX (317) 575 -2272 loss of income or,any.other incidental damages, even tnose!damages caused by the neglige ce of lessor, including a'torneys' fees, arising out of, r connected with; or resulting from the use of the equipment: including but not limited to the manufacture selection delivery, possession, use operation; j ivww ptrinC.com ne equipment. T� t or return'of t t X n f. 11n w\m a a r. n r ..iJ �;.z,.... a ,.xa, F a ,•kfi 'lu., X'd... ,i t ,n.. u. r N ,.P. 'r W, 4l H,n 1 xx P. .r x d„ f� h a, H w X `Y�t. x a r. t N.. .e \N \N3, ..,..r v a 4 \"t 1 1.. s ,E* 1 3 S_ s �g n M IN Fu N 1 Y5 "k9... n.. iu -a• ti ,.Je .s .t .may,.x. pv.- \m.. �a. n...'a x,� :s h, ;1 t�3.:..x'� i u, BILL�TO/ flERTOx����^ a��td�����: �C�� =s� +�.✓��.la�;�s�y eta\ �a�.., ���atw� \�a.�..>s„"\,�\(IELIUEflTU �C�Jv�a��. �a�uW�� \�s��+x�"����:,�a�'a����b.,ar+ CITY OF CARMEL TREASURER OECE CARMEL FIREHOUSE y9 Re s#b A 20683 1 1.CIVI.0 SQUARE 1 CIVIC SQUARE Con# 1625`"s1 CARMEL IN 46032 CARMEL 46038 i s 1Y4 a .F3. k J P 1 h5. a F\�1. -.w x a. A\, J, a,. \s.. d +f 3f„ x ~?T.. V�\ 1 ',x t. �1 ,a,PU• x,11, ::s'� �a�• t at �t� \a��F��:�.�? a.: r sa� llv\���1��'���`.��:�s��t�� �v�S�a�� 'w \\��rvu:�,��u��1n\ ,.e�+ �flATEu� ,n�`�1•u,\"�TIMEJ�Faa!,a,�J W (317) 571 -2455 11/10/08 3e01•PM AW M v a7Yx�" v V rv, �slhW x fa���vawl t a' W �qV W a W \fk u s h V'�uXa s dvJgv,vA g ggn z v a aRAEREO.RY "\�ss3a�,h UB VET€ f�fd8 DA�f MELANIE RETURNED 11110/08 4.00 PM DM iWINAL 0 1 for 1.00 Day(s) .Page. 2 t w d\ k} v, w ".1 a r x eM z �w ar ._r;a;. r �r�y p :'�v`�� s xt d 1'X 7 3 K,.F.,�r� Ott t �l `C�''" r� 4, •y# ';x rt s S a�, y,, +1xaWV4'�Y ,L #t,.� sn4v�rva '`.`.��v`�i°na \�<�I_.S, .k�.': Imo.__; m r_�'w 1YAa•, cf+u;�'s�,3tC J. GS�C+Fl r ?e -��'Sa �R? ��^>t'^- �*''�x�"`��� r+��. €�In*SA�iq is -•t., ::nx�.'xM'��x1�A: ���savt��_ p'LEASE, DO 1dOT STORE LINENS I PLASTIC. FAGS 300 8308- 0fl00':CHR�IR BLACK :SAt?1SOi�'iTE• 7L 2. �:5. 6. ��5 0b3 �2� 00 1` 34 678:. OVER:TIME t}.ELV /Fr13 60e,0G 1 60. +710 FORCE CHARGE 795.4 11I 11 /t�E� V V Y.�CiYXt1 z Call 252.3832 before after ,r ��FINA�� BILL a o hours for equipment, problems. LU U U LU F Customer responsible for ALL Z DAMAGED MISSING equipment Pent 65,3.80 EMERGENCY #(317) 252 -3832 UNDERGROUND (800) 382 -5544 Sales 60.00 Other 0.00 I HEREBYAUTHORIZE.THE LESSOR TO MAKE APPROPRIATE CHARGESTO MY CREDIT CARD.' Dm g Wa ive r 4 1. 63 YES INITIALS FAILURE TO RETURN PROPERTY (LEASED) TO LESSOR WITHIN 72 HOURS AFTER AGREED TIME CONSTITUTES PRIMA FACIE ME Tax EVIDENCE OF UNA6THORIZED CONTROL OVER SAID PROPERTY WHICH CAN CONSTITUTES THEFT. THEFT IS PUNISHABLE Sale T'a x r 0„ 00 BY 2 YEARS IN PRISON PLUS UP TO A $10,000 FINE. EQUIPMENT RENTED ON THIS CONTRACT IS NOT FOR SALE: I HAVE BEEN INSTRUCTED &DEMONSTRATED ON THE SAFEff PROPER OPERATION OFTHE De Po 0 00 ABOVE EQUIPMENT AND I FULLY UNDERSTAND THOSE 'INSTRUCTIONS The undersigned haying read and understood the 'above terms as well as the Additional Terms and Conditions on a the reverse s16 hereof, hereby agrees to rent the above equipment/articlei 6'the term s'and'condltions set forth TOT��, L DUE T�5 43 T�1T'r�t PAID 0..,010 i n th is Rental Agreement, and is an authorized agent for the Lessee. l µ;;i• EQUIPMENT LEASED BY X EQUIPMENT RETURNED BY AMT BILLED 795:4'3 Term and Conditions 1. INSPECTION. Lessee acknowledges tt�lat,hp has had an opporturi.ity to personally inspect M I 1 4 its proper.use.'Lessee furtheracknowledges Lessee respons ibility loinspect the equipment prior to its ij�o and to notify Le�sorof any defects. 7 'X 2. TIME c* RETURN. Lessee right oft possesslon terminates on Ilie expiration of the ronte'! period aind retention of possession after this time constitutes a. material breach of Lessee's obligationsunder this contract. Time is of tne essence 'n this agreGrnerii. Any extension.must, at Lessor's election be mutually agreed upon in writing. 3. RETURN OF EQUIPMENT, At. 'he termination of this agreement, Lessee shall return all the equipment to Lessoris premises during Lessor's regular business hours, in the condition and repairs swhen delivered to Lessee, subject only to reasonable wear and tear, Lessee shall be liable. for all damages to or loss of the Equipment occurring because it was not returned wifin Les regular business hours. If Lessor has agreed to deliver the Equipment to Lessee or to pick up the Equipment from Lessee, Lessee shall be responsible for all losses or damage to the Equipment from time of delivery to Lessee and until picked tip oy Lessor 4. PAATIES, As used in this Rcrital AgreerTien't, the t' rms"Lessor" and "i.ve" shall rnean PTR, ',no. d/b./a Party Tirrie Rental, The terms "Lessee." and "you" sh 'all mean the parly executing this Rental Acreement as such or 'he face hereof. 5, HOLD HAAMLESS AGREEMENT Lessee shall defend, indemnify arid hold harmless Lessor its employees, agents and subsidiaries, from and acainst all claims, liabilities,Jiossesi. damages to properly or otherivise, and expenses, of every character lvvhatsoever, resultingfmm the actions, negligent or otherwise, of Lessee Lessee's employees and agen,t of Lessee or Lessee Yubcorrracto� The indemnities included in thi's exhibit shall include reasonable attorney's fees paid by Lessor in defending suit and actions 'Involving liabilit covereqby the indemnification provision in this paragraph. 6.TIME. All equipment renlal charges are for time out, NOTTIME USED. Most prices quoted are for a one clay (24 hours) charges. 11'equilernent is neeced for a longertime period. we also have weekly (7 days) and monthly (28 days' rates, For most equipment ',he weekly rate is three tinties the daily rate and the monthly rat is three times the week! rate. Le y 7 LIABILITY. All equipment is for rental purposes only,. and It is understood that the Lessor shall not be held responsible for any accident or amage L L a resulting directly or indirectly from theuse of the ]eased equipment, The Lessor expressly disclaims allvvarranties, either expressed or Impli6d including any implied warranties of rnerchan'tabillfly orfifnessfor a particular purpose, and neither asaimes nor authorizes any other person to assume lor it any liability in connectionwith the use of this equipment. The Lessee agrees to indemnify and hold the Lessor harmless from and against any claims, actions, proceedings, costs, damages to property, consequential damages, loss of income or any other incidental damages, even those damages caused by the negligence of the Lessor, 'including attorneys' fees, ansing out cl, connek�ted with or resultino from the use ofthe equipi ent, including 'Out not limited to, the manuiacture_�election, eelivie'ry, possession, use operation, or return ofthe equipment, 8. COLLECTION COSTS. The Lessee agrees to pay all reasonable collection attorney's and count fees and o expenses involved in the collection of charges or enforcement of the Lessor's rights under this cont, -act, 9. REPLACEMENT OF MALFUNCTIONING EQUIPMENT It the equipment beco'mes unsafe or in disrepair for any reason, Lessee agrees k) discontinue its use and to notffy Lessor. Lessor will repair or replace the equipment with similar equipment in good working order if available, and if the defect -is the result of normal use. Lessor is not responsible !or arry incidemai. or consecuential damages caused by delays or oth�rwtise, and Lessee hieny waives any right or entitlement ti ereto, construed axinsurance. The damaoe waiver does not nove damage caused hymisuoo abuse nor does k cover tho",. Minor damage is defined aydomaga that can bempairedj'o,an amou less 1hn six percent dthe equipment's rental fee 11. PROTECTION OF EQUIPMENT It is the responsibility ol the Lessee to protect all equipment florr, damage expcsure to weatrier, or other damage that occurs from issue of equipment, The Lessee must protect the equipment until it i's returned or unti il the agreed pick-up time and date. 12. THEFT OF EQUIPMENT, The Lessee agrees to pay for equipment (atits replacement cost when rented] 'or all types of theft or mysterious disappearance. Damage Waiver does not cover theilt. 13. WEATHER RELATED RISKS. Lessee assumes all weather related risks involved in holding an outdoor tented event. Lesso. will endeavor to minimize said' risk, however, should the tenting become unusable due to high snow, rain, flooding, exaeme colo or heal, or any other factor beyono Lessor's control, Lessee shall still be liable for payment in full of all 14. DIRTY, 08 DAMAGED EQUIPMENT, Lessee a0rees to pay for any damage to romed eq uipment rega ro less of cause, except reasonable wear and tear, while equipment is out of possession of Lessor. Lessee also agrees to pay a reasonabie cleaning charge lor al! equipment returned dirty. Accrued 'rental charges can I not be applied against the purchase or cos', -of repair or damaged goods. Rental Equipment damageo beyond repairvM1 be paid for by Lessee at Its Replacement Cos—viiihien rented. The,c S j. 11 ost of repair will be bor a by the Lessee, whether performed by Lessor, or'at 'he Lessor's option by others. 15. LOSS OR DAMAGE. To the extent 'hat damage to the equipment is not covered by the foregoing Damage Waiver provision, the Lessee assurnes all risk of l or of damage to the I ieased eduiprnpent from any cause, No loss of or damage to the equiiprient shall impair any obligation of the Lessee under this Rental Agreement, including the repayment of rental fees. Lessor sh a'! have the optio n oi repairing or repi I icing the equipment. and bessoeshall be resp&nsibl' 16. PAYMENT TERMS. W- require a �alid Visa, MaserCard, American Express or Discover card nUm ber to make a reservation unless the party renting trie equipment has a pre- arrancled account at Party Time Rental, The credit card numberivill secure the reservation until the date of the event. If a credit card is not presented at pick-up, then a cash security deposit equal 'to the replacement cost of the equipment is required it i addition to the iental fee. 17 CANCELLATION. A party making a reservation will be subject to a 25% cancellation fee if the entire reservation, is cancelled within thirtv i 30) days of the event. This policy applies 1 0 all parties, inClUdino thoseovho have pre-arranged accounts a' Party Time Rental. Cancellation of Inflatable and special seasonal ecit ipmo t I I rit will be subject to a 100% fee, 18. DELIVER AND PICK-UP, Delivery isirriadis to closest ocint truck cin park, Extra charges will rpsui! in deliveries to upstairs, elevator use or any poini where extra time is involved. Our service does not include set up and knock down of ta�les and chalrs. if this service is required, arrangements should be made several days prior to delivery with a special ctiarge quoted. 1 no arrangements are rnade and this service is desired on. deliveryOUr driver must call for authorization, It time lecrimits, vve will tryto accommodatcyou after quoting the p, On piCK upiNhere no prior a r�i ngements have been made and equipment is not knocked down and assembled in one sheltered area, tablesand chairs will be left until the next day when a spe6al can be scheduleC. There will be an additional one da, rental. A knock do" ,in fee will result it eduipment is still up, 19. PREPARATION OF SITE, Lessee agrees to have the site uponwhich the equipment is to Ole erected, Iree and clear of all obstacles, natural arid man ma0e, p th an1val of the Lessor's worK crew. Lessee further agrees to have all tents cleared for removal priort our arrival. All non-!eased equ'Pment and decorations shall be cleared and taken from site, If Lessee fails to do so, 'hen Lessee shall pay all costs involved to- any delay, additional rental, and ail costs including collection and legal expense. 20. UNDERGROUND FACILITIES, Lessee agrees to have all.Underaround Facilities, irl the vicinity of tho Equipment installation, clearly marked prior tothe arrival of Lessor's work crews. Lessee assumes ful! responsibility for damage to all Underground Facilities. To identify Undergr)und Facilities, Lessee must call one week prior to installation. CALL BEFORE YOU DIG 800-382-5544 21 SET-UP/TEAR DOWN. Set up and/or tear down of equipment is also available, the customer Dased�the rental 'item to be down, Any equipment not prev scheduled toUo set-up ur torn, down will Ue assessed al oharg*a plus a minimum $50fee. 22. IDENTIFICATION. When picking up rental equipment at our location, we require a valid Indiana State Driver's License, For insurance. purposes, we are required to photoccpythe Lessee's license. 23. EQUIPMENT SEitem( We do our best to instruct eadi custorner on how to safely use the equipment. Shouic an ilern not work properly please contact the Lessor as soon as you have ciscovered the problem, We will either provide further instruction or we will replace the item. Also, upon, picking i"Is or ac delivery of equipmeni, be sure ',hat you have received all of the iiems the! you reserved. Provided that the itenr§ are no', correct 6r acceptable we must be advised immediately in orderto remedy the situation. The Lessee shall use the equiprnem in a careful and proper manner. 24. LIQUIDATED DAMAGES, In the even' that the Lessor fails to deliver any equipmeni, or isunabie to I medy problems with the delivered equipment, the Lessoris sole responsibility shall be to refund to the Lessee the rental fee for the particular equipment. ~^~E^~~~'~'' ^any p of this Ren t al Aa is held by cour of invaliditv shall not affect the other provisions that can 6a given effect in the Pbsonce of the invalid provisions, 26.ATTbRNEYiS FEES. in t�-c event that either party files an action in rclation +10 'his Rental Agreement, the Unsuccessful par in the action shall pay to the successful party, in addition to all ohor surns that either party may be called upon to pay, a reasonable sum for tho successful par'Vs atforneyst fees. 27. L INENS, Table linens areinspectec! prior to picK up and upon return. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG mildevv will result.ff there is obvious damage such as rnioeov, Pxcessive stains, burns or tears, youwill be charged the cost d the linen arid keep same as though it were a sale. Return all linens cry and of 28. COOKING UNDER TENTS. Lessee agrees not to do any type of cooking under or within a reasonable distance of the tent. Lessee assurnes full responsibility and costs incurred for damage �inc or cleaning expense to tent tops due to cooking processes under or near tents. Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL 11/25/08 An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Party Time Rental Purchase Order No. 1212 S. Rangeline Rd. Terms r Carmel IN 46032 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) Res 120623 11/10/08 Con#162551 Veterans Day Renta Total $795.43 1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. 11/24/08 ALLOWED 20 Party Time Rental IN SUM OF 1212 So. Rangeline Rd, Carmel IN 46032 795.43 ON ACCOUNT OF APPROPRIATION FOR 1160 Mayor R4359003 Festival Community Events Board Members PO# or INVOICE NO. ACCT #!TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or 18012 #162551 R435qQ03 $795.41 bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except 20 'nature. Cost distribution ledger classification if Title claim paid motor vehicle highway fund