Termes & Conditions
LIABILITY WAIVERRental Agreement and Disclaimer (Hereinafter referred to as the “Agreement”)
I,(hereinafter referred to as “Renter”), hereby agree to disclaim, waive and release Bali Fence Pool its heirs, executors, administrators, agents, assigns, and all other persons, firms or corporations affiliated in any way with Bali Fence Pool, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, and particularly on account of any and all injuries, known and unknown, to person or to property or both, which result in any way from the use of the products rented from BALI FENCE POOL by Renter (the products rented from BALI FENCE POOL by Renter are hereinafter collectively referred to as the “Equipment”). Without limiting the generality of the foregoing, BALI FENCE POOL will not be held liable for any injury to Renter, Renter’s children, or any other adults or children, or any damage to property by the use of the Equipment. RENTER IS RENTING THE EQUIPMENT AT RENTER’S OWN RISK. Renter also acknowledges that Renter is familiar with, and knows how to operate, the Equipment and is taking full responsibility for using the Equipment.
Renter represents and warrants that (i) each item of rented property is of a type, design, quality and manufacture selected by Renter, acceptable to Renter and suitable for Renter’s purposes, (ii) Renter acknowledges that BALI FENCE POOL is not the manufacturer or supplier of the equipment or the representative of either, that BALI FENCE POOL is not required to enforce any manufacturer’s warranties on behalf of BALI FENCE POOL or Renter, and (iii) that BALI FENCE POOL rents the equipment to Renter “As Is”, without warranty or representation either express or implied, and BALI FENCE POOL expressly disclaims any warranty, express or implied, as to (a) the title, condition, fitness for use for a particular purpose, design, compliance with specifications, operation, or merchantability thereof, (b) the absence of latent or other defects, whether or not discernable, (c) the absence of infringement of any patent, trademark or copyright, or (d) any other matter whatsoever, it being agreed that all such risks, as between BALI FENCE POOL and the Renter are to be borne by the Renter.
Renter further agrees to indemnify and hold harmless BALI FENCE POOL from and against any and all claims, liabilities, including negligence, tort and strict liabilities, demands, actions, suits and proceedings, losses, costs, penalties, and damages, including without limitations, reasonable attorneys’ fees and costs (collective, “Claims”), arising out of, connected with, or resulting from the manufacture, selection, rental, purchase, delivery, possession, condition, use, operation, handling, transportation or return of the Equipment.
Additional General Provisions
1. Entire Agreement; Amendment; No Waiver. This Agreement and the exhibits attached hereto set forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. Each party hereto acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or anyone acting with authority on behalf of any party, which are not embodied herein or in an exhibit hereto, and that no other agreement, statement or promise may be relied upon or shall be valid or binding. No amendment, waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the affected party. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
2. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed to the addresses set forth above. Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above.
3. Force Majeure. Non-performance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders or restrictions, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing party. Upon giving prompt notice of force majeure to the other party, the party so affected shall be released without any liability being attached to the cancelling party or the other if the circumstances of force majeure continue for more than six (6) months.
4. Severability. If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.
5. Construction. Each party and their attorneys have had the opportunity to participate fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.
6. Non-Assignability and Binding Effect. The rights and obligations of Renter under this Agreement may not be assigned or delegated, directly or indirectly, either in whole or in part without BALI FENCE POOL's prior consent in writing. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their heirs, personal representatives, agents, officers, directors, shareholders, partners, servants, employees, successors and assigns, but shall not confer, expressly or by implication, any rights or remedies upon any other party.
7. Counterparts; Facsimile Signature. This Agreement may be executed in multiple counterparts, which taken together shall constitute one instrument and each of which shall be considered an original for all purposes. For purposes of executing this Agreement, a document signed and transmitted electronically, by email, by Internet or by facsimile machine is to be treated as an original document.
8. Arbitration. In the event of any dispute between the parties hereto arising out of this Agreement wherein such dispute remains unresolved for thirty (30) days, the dispute shall be submitted to arbitration, in which each party selects one arbitrator and those two select a third arbitrator. The decision of the majority of the arbitrators shall be final and binding upon the parties hereto. Each party shall pay one half of the costs of arbitration. The arbitrators shall meet on Bali unless it is mutually agreed by the parties to meet elsewhere.
9. Word Usage. Unless the context clearly requires otherwise, (a) the plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (d) “or” is not exclusive; and (e) “includes” and “including” are not limiting.
10. Headings. The paragraph and subparagraph headings used in this Agreement are intended for convenience only and shall not be used in the construction or interpretation of this Agreement or any of its provisions or in determining any of the rights or obligations of the parties to this Agreement.
11. Further Acts. Each of the parties hereto shall execute and deliver such other and further documents and instruments, and take such other and further actions, as may be reasonably requested of them for the implementation and consummation of this Agreement and the transactions herein contemplated.
12. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right of subrogation or action over against any party to this Agreement.
13. Survival of Representations. All representations and warranties of the parties contained in this Agreement shall survive the execution of this Agreement.
Renter hereby declares that the terms of this Rental Agreement and Waiver have been completely read and are fully understood and voluntarily accepted. Renter acknowledges that the purpose of this Rental Agreement and Disclaimer is to induce BALI FENCE POOL to rent the Equipment to Renter. Renter acknowledges that Renter is precluded forever from any claims against BALI FENCE POOL arising out of the rental.
In the event of the hirer's default in payment of charges and or return of equipment, the owner or agent shall have the right to terminate the hire agreement and to enter the hirer's premises, the hirer agrees to grant access to the owners equipment when called up to do so *That all hire equipment supplied remains the property of BALI FENCE POOL hereafter referred to as the owner *To pay hire charges as invoiced by the owner *To pay the owner for all equipment lost, returned incomplete or damaged whilst on hire, the replacement cost of goods *Owner must be notified of hire's change of address within seven day of such change *All hire equipment must be returned in a clean condition. Failure to do so will incur a cleaning fee, at the owner’s discretion *The owner does not affect any insurance whatsoever on equipment hired. All insurance is the responsibility of the hirer *The owner in respect of the condition of the equipment hire gives no warranty. The owner reserves the right to revise the hire rate schedule charges without notice. The owner reserves the right to charge a bond on all equipment hired. Refund of bond is dependant upon return of equipment in good clean condition as received. BALI FENCE POOL does not accept any responsibility for any injury or death to anyone arising from the use of any equipment. It is the responsibility of the hirer to ensure that goods hired is appropriate for the intended use.