NOBLE FLUSH RENTAL AGREEMENT THIS AGREEMENT made and entered into this _____ of ____________ ,__________ , by and between Noble Flush Restrooms, hereinafter referred to as “Suppliers,” whose address is P.O. Box 1455, Martinez, CA 94553, and _____________________________________________________ , hereinafter referred to as “CUSTOMER.” WITNESSETH 1. PROPERTY: Suppliers agree to rent to Customer the following described portable restroom units: (1) 2 Stall Standard Restroom Trailer , (the “Units”), for placement and operation in the following location(s):
_______________________________________________________________ , from ___________ to ______________under the terms and conditions as hereinafter stated.
2. RENTAL RATE: Customer shall pay to Supplier a sum of $1,500.00 (includes taxes, delivery, set up, and pick up) in advance as rental for the Units herein described. Such payment shall be due thirty (30) days before the specified day(s) of ____________. Rental shall be paid to the Suppliers at P.O. Box 1455, Martinez, CA 94553 Full payment is due (30) days before the date of the event unless other arrangements are made in advance.
3. RESERVATION DEPOSIT: Customer will make a non-interest bearing deposit in the amount of $500.00 to insure the full and faithful performance by the Customer of all of the terms and conditions of this Agreement. Suppliers do not have responsibility to save the date and will fill the event date with another customer if balance of the reservation (75% payment) is not made in 30 days be- fore the event. The event date will be reserved up until 30 days before the event with the deposit. Upon the completion of the rental and final walkthrough upon pick up, any costs to the Suppliers of repairing damages to the premises and furnishings, including interior and exterior cleaning, determined necessary at vacancy or termination of rental due to carelessness, negligence, accident or abuse on the part of Customer, guests, agents, or invitees will be billed at that time. If a credit card is used for deposit or balance payment, the credit card will be used for the invoiced amount.
4. LATE CHARGES: If the complete Rental Amount is not paid in advance by the day delivery of restrooms to a specified location, Customer agrees to pay a late charge of $100.00 of past due amount.
5. RETURNED CHECKS: Customer agrees to pay a $ 35.00 charge for any check returned by a bank for insufficient funds, closed account or for any other reason.
6. UTILITIES: Customer shall be responsible for all charges of water and waste disposal fees which shall be incurred for the rental of each unit of portable restrooms as shown on the sent invoice. If other items are needed such as generator, extra dumping, supplies, etc, the cost would be added at a cost dependent of the item needed.
7. WASTE DISPOSAL: Customer shall be responsible for the cost of servicing and waste disposal of each unit of portable restrooms. The units hold a limited amount of sewage and once full cannot hold any more. It is the full responsibility of the customer to ensure that stor- age tank over flow does not occur and determine beforehand if more capacity is needed. If emptying is needed during the event prior arrangements must be made and Suppliers can help with this coordination.
8. GARBAGE CONTAINERS AND SUPPLIES: Suppliers will provide all initial toilet paper, trash bags and
hand towels. The Customer is responsible for restocking and garbage disposal during the event unless other arrangements are made. All electrical cords, pictures and water hoses brought by Suppliers are the property of Suppliers and must be returned. If any equipment owned by Suppliers is not re- turned while under the care of the customer, the customer is responsible for replacement payment including time to acquire such.
9. REPAIRS AND MAINTENANCE: Customer accepts the Units in the present condition, for the uses and purposes described herein. Customer agrees to maintain the Units in good condition and repair, natural wear and tear excepted. Customer will not move or alter the Units without prior written consent of the Supplier.
10. USE AND OCCUPANCY: The Units shall be used for portable restroom purposes and for no other purpose. Customer is not to put the Units to any use which is illegal, creates a nuisance, or causes the rate of insurance on the property to increase. Smoking and burning candle are not permitted in the Units. Customer will use the Units in a careful and proper manner, in accordance with all applicable laws, rules and regulations and any manufacturer's or supplier's instructions or manuals provided to Customer. The Units are not to be moved by the customer. If movement is need after the initial setup, Suppliers must be notified and if possible will move the units at an additional charge of $75 per hour per person portal to portal. All local and state law must be followed and any disputes including law suits are sub- ject to the laws and regulations as set by State and Local County. Customer agrees to turn off and remove water supply, remove electrical supply, and close and lock all outside doors to the Unit(s), at night, following each day or event of use.
11. ASSIGNMENT: Customer shall not sublet the whole or any part of the Units, nor reassign this Agreement, or any interest therein, without the prior written consent of the Suppliers. A violation of this covenant shall constitute a breach of this Agreement, in which case Customer shall forfeit the term and Suppliers will have the right to terminate and seek restitution.
12. DISCLAIMER OF WARRANTIES; HOLD HARMLESS. Suppliers represent and warrant that the Units are functioning portable restrooms. Subject to the foregoing, each Unit is provided and accepted “as-is, where-is,” without express or implied warranties. Except as expressly provided herein, suppliers shall not have any liability for any direct, indirect, consequential or incidental damages arising out of this agreement or with respect to the Units.
13. DAMAGES TO PROPERTY: Customer shall pay all cost for damage to the Unit(s) that occurs during Customer’s use or possession of the Unit(s) or is caused by Customer or any of Customer’s servants, guests, agents, or invitees, whether resulting from negligence, lack of care, abuse or ordinary use. Any damage for which Customer is liable constitutes a breach of this Agreement for which an action for the recovery thereof may be had, above and beyond the security deposit. Once the Unit(s) is(are) left at the event, it is the full responsibility of the Customer. Any damage is the responsibility of the Customer. Customer is responsible for keeping the Units safe from all damage, thievery, or any other harm or ill use of the unit.
14. LIABILITY AND INJURY: Customer expressly agrees to defend, indemnify and hold harmless Suppliers from any and all damage to property or injury to person suffered in or with respect to the Unit(s) during or by virtue of Customer’s use, possession or operation of the Unit(s), whether resulting from negligence, lack of care, abuse or ordinary use. This indemnity shall extend to damage, injury, losses, claims, suits, judgments or actions arising from the negligence of Customer or its servants, guests, agents, invitees, or anyone Customer controls or employs, or who is near or in the Units, or for damage or injury resulting from the use of the Units or entry or egress into or from such Units. In the event that Suppliers are not able to deliver possession to Customer on the effective date of this Agreement for any reason beyond Suppliers’ control, Suppliers shall not be responsible for any damages of Customer are hereby released from liability. Once the Units are delivered the Customer is responsible for keeping the Units safe from theft or vandalism or any other damage.
15. NON-PAYMENT: If the Customer fails to make payments as specified in this contract, Suppliers may pursue all remedies available by law or in equity, including termination of this agreement without notice, repossession of the equipment without legal process, and recovery of all monies owed. Customer will be responsible for all cost to recover the payment including attorney, time involved for Suppliers, and any shipping, copying cost, etc.
16. CANCELLATIONS: If cancellation is 21-30 days from the date of the event, only half (1/2) of initial deposit will be refunded. No refund is available for cancellations 21 days or less from the date of the event. If you have a long term rental, for example longer than 24 hours, you are responsible for the rental fees for the entire rental term listed on page 1 section 1.
17. DELIVERY, SETUP AND REMOVAL: Suppliers will have no responsibility or liability for any delay or failure of delivery if there is an Act of God or Mother Nature and we are unable to get to you ie: natural disaster, we do not have responsibility or liability for failure to deliver at that time. Prior to delivery, Suppliers and Customer will coordinate a delivery and removal time that is acceptable to both par- ties. Customer may request that Suppliers arrange delivery to Customer at Customer’s expense. If for no reason of Suppliers, the setup or removal is delayed, Suppliers will charge an additional $75.00 per hour for standby time.
18. RETURN OF UNITS: Customer is responsible for returning the Units to Suppliers in good repair, condition and working order. Upon vacancy or termination of this Agreement, Customer agrees to turn off and remove water supply, remove electrical supply, and close and lock all outside doors to the Unit(s), and return all key(s) to Supplier.
19. SPECIAL STIPULATIONS: The following special stipulations shall, if in conflict with the printed matter, control:
Site has power and water at location (a single 110 outlet and a garden hose connection). Site contact will be ___________________________ phone #________________. Delivery will be on _____________ between ____________am/pm. Pick up on ____________ between _________am/pm. Guest count is ______.
IN WITNESS WHEREOF, the parties have hereto set their hands and seals on the day of __________________, 20____ .
P.O. Box 1455, Martinez, CA 94553
Name: ____________________ Address: _________________________________ City, State, Zip: ____________________________ Phone : ___________________________________ Email:_______________________ X _________________________________________
Signature Date Delivery _____________________________ _______________