Terms of Use
Atlanta Barbecue Rental, LLC
These terms of use represent the general conditions of the Rental Agreement to be endorsed time of rental by Atlanta Barbecue Rental, LLC (ABR), the “Lessor” and the Customer “Lessee”. The specifics of rental duration, equipment and other requirements will be specified on the Rental Agreement in accordance with the type of equipment rented.
RENTAL PERIOD AND CHARGES. Rental periods vary based on type of equipment and event. Rental Return Date will be specified on the rental agreement. Customer agrees to pay ABR all rental charges, delivery fees and other costs as set forth in the Rental Agreement. If equipment is returned prior to the Rental Return Date no allowance will be made, i.e., the full rental charge as previously agreed upon will apply. If equipment is returned after the Rental Return Date an additional usage fee will be charged. Customer agrees to pay all reasonable collection costs and attorneys’ fees incurred in collection of this account or any dispute arising out of this Rental Agreement and customer agrees to pay a monthly service charge on all unpaid balances.
PAYMENTS. Rental fees must be paid in full with a credit card to reserve equipment. We do not accept debit cards, checks or cash for rentals. Cancellation up to five days before rental period will incur a $ 50.00 cancellation fee and remaining rental fees will be returned. Cancellation within five days of the rental period will incur the full cost of the rental period with no refund.
INSPECTION OF EQUIPMENT. Customer acknowledges that the equipment may or may not be previously used; therefore Customer rents the equipment on an “as is” basis. Customer acknowledges that he or she has, or will, personally inspect the equipment prior to its use and finds it suitable for Customer’s needs, in good working order and repair. Customer understands (without further instructions) its proper operations and use.
REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in disrepair as a result of normal use, Customer agrees to discontinue use and notify ABR immediately, who will replace the equipment with similar equipment in good working order if available. ABR is not responsible for any incidental or consequential damages caused by delays or otherwise.
TIME OF RETURN. Customer’s right to possession of the equipment begins upon equipment leaving ABR and terminates on the Agreed Return Date indicated on the Rental Agreement. Retention of possession after this date constitutes a material breach of this Rental Agreement. Time is of the essence of this Rental Agreement. Any extension of this Rental Agreement must be approved by ABR. If the equipment is not returned for any reason whatsoever, ABR may retake said equipment without further notice or legal process
DAMAGED OR LOST EQUIPMENT. Customer agrees to pay for any damage or loss of the equipment as an Insurer, regardless of cause, except reasonable wear and tear, but including acts of God, while the equipment is out of the possession of the Dealer. Customer agrees to notify ABR immediately of any accident or loss. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged or lost equipment. Equipment damaged beyond repair will be paid for at its Fair Market Value at the time of rental. The cost of repairs will be paid by Customer, whether performed by ABR or by others. Customer agrees to allow credit card on file to be charged for damaged or replacement of missing equipment. If costs exceed the limit available on the credit card, Customer shall make full payment via another method.
USE OF EQUIPMENT. Customer agrees not to use or allow anyone to use the equipment for any illegal purposes or in any illegal or unsafe manner. Customer shall not allow any person who is not qualified or competent in its operation to operate the equipment. Customer shall not allow any person to use or operate the equipment in an unsafe condition or situation or in a careless or negligent manner, or to modify, misuse, harm or abuse the equipment, or permit any repairs to the equipment without ABR’s prior written permission. No persons under 21 years of age may operate the equipment. Customer acknowledges that the person towing equipment is competent and the vehicle that is used to tow is adequately equipped and able to tow equipment. Customer further agrees not to operate or tow trailers while intoxicated or under the influence of any illegal substance.
WOOD USED (WOOD FIRED EQUIPMENT). Customer agrees to ONLY use hardwoods in the Equipment. Examples are: hickory, oak, pecan, apple, cherry, peach, and mesquite. Customer shall NOT USE pine, cedar, treated wood, painted wood or any other undesirable fuel wood. Customer understands that these types of wood constitute a risk to the health, safety and welfare of any persons in the vicinity of the Equipment, and also constitute damage to the Equipment. Furthermore, customers agrees NOT to use charcoal of any type as fuel.
RETURN OF EQUIPMENT. Customer agrees to return to ABR the equipment in as good condition as when received, ordinary wear and tear excepted, by the Rental Agreement Agreed Return Date. Customer shall be liable for all damages to or loss incurred prior to return to the ABR. If equipment is to be picked up by ABR, Customer agrees to provide a secure storage location and Customer accepts all risk including damage to and liability relative to equipment for a reasonable period of time until the equipment is picked up by ABR.
REPOSSESSION. Upon failure to pay rent or other breach of this contract, ABR may terminate this contract and take possession of and remove the equipment from wherever it is without prejudice to any other remedies or claims which ABR might otherwise possess by law. ABR shall not be liable for any claims for damage or trespass arising out of the removal of the equipment. If repossession is necessary due to non-return, ABR is authorized to charge the customer for mileage and time at a rate $1.50 per mile and $25.00 per hour to be made with the credit card information given at the time of rental.
INDEMINITY/HOLD HARMLESS. Customer will take all necessary precautions regarding the equipment rented to protect all persons and property from injury or damage. Customer agrees to hold harmless ABR from and against any and all liability claims, judgments, attorneys’ fees and costs of every kind and nature including but not limited to injuries or death to persons and damage to property arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the equipment rented, however caused, except claims or litigation arising through the sole gross negligence of ABR.
ASSUMPTION OF RISK/RELEASE AND DISCHARGE OF LIABILITY. Customer is fully aware and acknowledges there is a risk of injury or damage arising out of the use or operation of the equipment rented and hereby elects to voluntarily enter into the rental agreement and assume all risks of injury or damage arising out of the use or operation of the equipment and customer further agrees to waive, release and discharge any and all claims for injury or damage against Atlanta Barbecue Rental, LLC which customer otherwise may be entitled to assert.