Rental Terms
1. General
Design One USA LLC. (“Design One”) and renting and/or purchasing party (“Vendor”) identified in the applicable Design One USA LLC. event rental quote, insertion order, acknowledgement, invoice, or any other buyer agreement or agreement between Design One USA LLC. and Vendor (individually and collectively referred to herein as “Buyer Agreement”), agree to be bound by these Terms and Conditions of Rental and Sale (“Terms”) for the products, materials, and or products. (collectively, the “Products”) rented or sold to Vendor pursuant to such Buyer Agreement. Vendor hereby agrees that it will be bound by these Terms and be responsible for orders placed on its behalf by an event planner, representative, coordinator, or agent of Vendor, for which such Vendor is identified on the Buyer Agreement, as if such Vendor placed such order directly with Design One USA LLC.
2. Acceptance/Sole Terms
The details set forth herein together with the details of the Buyer Agreement constitute all of the terms and conditions for Vendor and with Design One USA LLC. with regard to the Products. Design One USA LLC.’s acceptance and shipment of Vendor’s order is expressly made conditional on Vendor’s acceptance to these Terms. Any and all terms, conditions, or products specified in any quotation or otherwise (whether oral, typed, written, or printed) that in any way change, modify, amplify, differ from, or add to these Terms or Design One USA LLC.’s Buyer Agreement, are null and void and of no effect, even if (i) Design One USA LLC. does not expressly object to such terms, conditions, or provisions, or (ii) such terms, conditions, or provisions are specified subsequent to such other documents. Vendor hereby agrees that no terms additional to or deviating from these Terms shall become part of the Buyer Agreement unless and until written acceptance of such additional or deviating terms, signed by an authorized officer of Design One USA LLC., has been issued to Vendor. Vendor’s acceptance of any Products supplied by, or on behalf of, Design One USA LLC. shall, without limitation, also constitute acceptance of these Terms.
3. Price and Payment
Payment is due in United States dollars on or before the date of delivery listed on the Invoice, except for Vendor’s with specific net payment terms listed under the Buyer Agreement’s billing terms. Prices stated are subject to change and Vendor agrees that additional payments will be owed and payable to Design One USA LLC. in the event of (i) alterations in specifications, quantities, designs, or delivery schedules or required labor for delivery to specified location(s), (ii) untimely returned or unreturned rented Products, or rented Products returned, but in altered or damaged form, and/or (iii) legislation enacted by any level of government, including tax legislation, which increases the cost of warehousing, producing, purchasing, selling, or renting the Products rented or purchased hereunder. Vendor hereby agrees that Design One USA LLC. may charge any credit or debit card or account provided by Vendor for any such change in price resulting in a balance owed by Vendor to Design One USA LLC. No discount will be allowed unless specifically set forth on the face of the Buyer Agreement. Written quotations will automatically expire thirty (30) days after delivery unless terminated by Design One USA LLC. upon notice to Vendor. Design One USA LLC. reserves the right to increase the prices of its rental and sales offerings. The timing and amount of any price increase for any rental or sale Products will be in the sole and exclusive discretion of Design One USA LLC. To the extent that a price increase may effect an unexpired written quotation provided by Design One USA LLC. to Vendor, Design One USA LLC. may in its sole and exclusive discretion honor such quotation or terminate such quotation by notice to Vendor, with or without providing a new quotation to Vendor.
4. Acceptance of Products, Delivery, and Transportation
Vendor shall inspect the Products at the time of delivery. Unless Vendor provides Design One USA LLC. with notice of any claim, shortages of, or defects in the Products, including without limitation any claim relating to weight, condition, quantity, loss, or damage thereto, at the time of delivery, such Products shall be deemed inspected, checked, and accepted by Vendor. The Buyer Agreement shall specify whether Products shall be delivered to an indicated address or picked up by Vendor. Design One USA LLC. will determine the point of origin of any shipment. Design One USA LLC. shall not be responsible for insuring shipments. Vendor is responsible for obtaining all permits, licenses, authorizations, and approvals from appropriate parties, companies, and/or government for the lawful and safe use and occupation of the location(s) to which the Products will be delivered and from which the Products will be retrieved. Vendor is further responsible for providing and obtaining safe and clear access to the delivery and retrieval location(s), including without limitation, ensuring all packaged items are able to be delivered through outside and indoor areas of ingress and egress. Design One USA LLC. may refuse, without penalty to Design One USA LLC., delivery and/or retrieval of the Products if Vendor fails to provide safe means of ingress and egress.
5. Title and Risk of Loss
Title to any Products rented to Vendor shall remain with Design One USA LLC. Title to any Products sold and risk of loss of such Products passes to Vendor upon delivery.
6. No Warranty
Design One USA LLC. provides Products “as is” without any warranty, express or implied, including no warranty for merchantability or fitness for a particular purpose.
7. Limitation of Liability
Design One USA LLC.’s liability (whether under the theories of breach of Buyer Agreement or warranty, negligence, strict liability, or otherwise) for the Products shall be limited to repairing or replacing such Products found by Design One USA LLC. To be defective with new or reconditioned Products at Design One USA LLC.’s discretion, or at its option, to refunding, in partial or full, the rental or purchase price of such Products. The parties hereto expressly agree that Vendor’s sole and exclusive remedy against Design One USA LLC. shall be for the repair or replacement of the defective Products or, with Design One USA LLC.’s consent, the refund of the purchase price. Vendor hereby agrees that this exclusive remedy shall not be deemed to have failed of its essential purpose so long as Design One USA LLC. is willing and able to repair or replace the defective Products in the prescribed manner or refund the price, in partial or full, for Products covered by the Buyer Agreement.
8. Disclaimer of Consequential and Incidental Damages
In no case will Design One USA LLC. be liable for the cost of procurement of substitute Products, damage to other property, loss of business or profits, loss of production, loss of use, or any other similar or dissimilar consequential, incidental, indirect, punitive, exemplary, or special damages even if Design One USA LLC. has been advised of the possibility of such damages, which Vendor or any other person, corporation, company, or other entity may suffer or claim to suffer or incur or claim to incur as a result of any defect in the Products. Consequential damages for purposes hereof shall include, without limitation, loss of use, income or profit, or losses sustained as the result of injury (including death) to any person or loss of or damage to property (including, without limitation, property handled or processed by the use of the Products). Vendor shall defend, indemnify, and hold Design One USA LLC. harmless against all liability, cost, and expense which may be sustained by Design One USA LLC. on account of any such loss, damage, or injury.
9. No Insurance
Unless otherwise expressly set forth in the Buyer Agreement, Design One USA LLC. is neither providing, nor offering to provide, directly or indirectly, any first or third-party insurance coverage in connection with the rental or sale of the Products to Vendor.
10. Taxes
Any sales, use, or similar taxes, tariffs, fees, or other levies, taxes, duties, governmental charges, or surcharges now or hereafter imposed under any present or future law in connection with the sale, delivery, use, or rental of the Products, including without limitation any equipment, accessories, and attachments (including replacements thereof or spare or replacement parts thereof), any installation, repair, maintenance, and instructional services, shall be payable by the Buyer, and if such taxes or fees are paid or are required to be paid by Design One USA LLC., the amount thereof shall be added to and become part of the price payable by Buyer hereunder.
11. Packaging
Prices stated are based on Design One USA LLC.’s standard packaging. Design One USA LLC. reserves the right of packaging the Products in pallets, bulk, or individual cartons. Packaging will be standard commercial package and acceptable to commercial carriers. Special Vendor packaging will be furnished only when specified, and the cost thereof shall be paid by the Buyer.
12. Delays
Unless expressly specified, Products in stock will be shipped to arrive by the date of delivery. However, all shipping dates are based upon current availability of materials, present production schedules, and prompt receipt of all necessary information. Design One USA LLC. will be not be liable for any damage, loss, fault, or expenses arising out of delays in shipment or other nonperformance of these Terms caused by or imposed by (a) strikes, fires, disasters, riots, terrorist acts, or acts of God, (b) acts of the Buyer, (c) shortages of labor, fuel, power, materials, supplies, transportation, or manufacturing facilities, (d) governmental action, (e) subBuyer Agreementor or supplier delay including, but not limited to, failure by subBuyer Agreementor or supplier to make timely delivery, or (f) any other cause or condition beyond Design One USA LLC.’s reasonable control. In the event of any such delay or nonperformance, Design One USA LLC. may, at its option and without liability, cancel all or any portion of the Buyer Agreement. Design One USA LLC. will use commercially reasonable efforts to minimize reasonably anticipated delays, but may decline to deliver and/or install Products if such acts above occur and potentially create unsafe or unsecure delivery or product pick up conditions.
13. Termination, Cancellation, and Modification
Except as otherwise provided herein or in the Buyer Agreement, orders cannot be terminated, cancelled, or modified, or shipment deferred after acceptance of Vendor’s order by Design One USA LLC., except with Design One USA LLC.’s written consent and subject to reasonable charges for expenses incurred and work executed by Design One USA LLC. Vendor may cancel an order up to two (2) days prior to delivery by 5:00 p.m. EST and no fee will be charged to Vendor as long as Vendor makes such cancellation in writing and the cancellation is acknowledged by Design One USA LLC. Vendor may cancel an order up to one (1) day prior to delivery by 5:00 p.m. EST as long as Vendor makes such cancellation in writing and the cancellation is acknowledged by Design One USA LLC., but Vendor shall be responsible for fifty percent (50%) of the total Buyer Agreement amount and that fifty percent (50%) will be immediately due to Design One USA LLC. and charged to Vendor. Vendor will be one-hundred percent (100%) responsible for the Buyer Agreement amount for any cancellation after 5:00 p.m. EST the day prior to the delivery date and that one-hundred percent (100%) will be immediately due to Design One USA LLC. and charged to Vendor.
14. Damage, Destruction, and Loss
Vendor acknowledges that in the event any rented Products (including without limitation the equipment, chinaware, glassware, silverware, and other Design One USA LLC. property described in the Buyer Agreement) sustain any damage or destruction or are lost or stolen while under rent to Vendor, Vendor agrees to pay Design One USA LLC. the costs for repair or replacement thereof pursuant to Section 3 herein. Vendor further agrees to accept full responsibility and liability, and Vendor shall defend, indemnify and hold Design One USA LLC. harmless for any injury to any other person(s), for any damage to the property of any other person(s), and any other loss that may result through the use or misuse of the Products. Design One USA LLC. is not responsible for any damage or liability incurred by handling Vendor’s or any other person’s personal property.
15. Restocking Fee
Any product deletions or reductions requested the day before delivery will be charged a restocking fee of 50% of the rental cost of items.
16. Return of Rented Products
Vendor shall return all rented Products to Design One USA LLC. at the time, date, and place designated in the Buyer Agreement. Vendor shall return all rented Products in the same condition and manner as Vendor received them, including without limitation placed in the same packaging, folded and racked in the same manner, and/or cleaned, rinsed, and wiped down as received. Vendor shall be responsible for the safe and secure storage of all rented Products awaiting retrieval. Vendor agrees and acknowledges that if Vendor fails to return all rented Products to Design One USA LLC. at the time, date, and place designated in the Buyer Agreement or if Vendor fails to make all rented Products available for pickup at such time, date, and place, then Vendor is subject to additional service charges pursuant to Section 3 herein, including without limitation Design One USA LLC.’s consequential and incidental damages regarding any such attempt by Design One USA LLC. to retrieve the rented Products, and the procurement, retail, shipping, handling, fulfillment, and/or replacement of such rented Products.
17. No Return of Rented Products
Vendor shall not be entitled to return to or obtain a refund from Design One USA LLC. for any purchased Products (including without limitation paper napkins, paper plates, and paper cups, unused or otherwise, described in the Buyer Agreement).
18. Indemnification
Vendor shall hold harmless, defend, save, and indemnify Design One USA LLC. and its agents, employees, officers, directors, and its respective heirs, assigns, successors, and executors from and against any and all liability, claims, demands, whether groundless, false, or fraudulent, costs (including expert and attorney’s fees), damages, losses, judgments, or awards, brought by a third party or parties arising out of or in any way connected with any act or omission of Vendor. The duty to defend as provided herein is separate and distinct from the duty to indemnify, and shall arise immediately upon the tender of any third party claim or demand, and shall continue until it is conclusively proven that there is no possibility for indemnity.
19. Intellectual Property
Any trademarks, branding, drawings, designs, and all other intellectual property of Design One USA LLC. embodied in, displayed on, or otherwise provided in connection with, the Products or the Buyer Agreement (“Intellectual Property”), shall remain the sole property of Design One USA LLC. Without Design One USA LLC.’s express prior written permission, Vendor will not (a) remove, alter, or deface any trademark or branding including with or displayed on the Products, and (b) reproduce, use, or communicate to third parties of any such intellectual property.
20. No Waiver
Forbearance or failure of Design One USA LLC. to enforce any of the terms and conditions stated herein, or to exercise any right accruing from default of Vendor, shall not affect or impair Design One USA LLC.’s rights arising from such defaults; nor shall forbearance or failure be deemed a waiver of Design One USA LLC.’s rights in case of any subsequent default of Vendor.
21. Severability
If any provision of these Terms is unenforceable or invalid, these Terms shall be interpreted and enforced to the greatest extent possible as if the unenforceable provision or portion had never been a part hereof.
22. Assignment
These Terms shall be binding upon and shall inure to the benefit of the successors and assigns of Vendor and Design One USA LLC. provided, however, that Vendor may not assign or transfer the Buyer Agreement or these Terms, in whole or in part, except upon the prior written consent of Design One USA LLC.
23. Governing Law; Venue; Resale
The Buyer Agreement and these Terms shall be construed in accordance with and governed by the laws of the State of Florida, without regard to its conflicts-of-laws rules or principles. All actions or proceedings arising directly or indirectly herefrom or related hereto shall be litigated only in the courts of Orange County in the State of Florida. The parties hereby consent to the jurisdiction and venue of such courts.
24. Entire Buyer Agreement
Vendor and Design One USA LLC. hereby agree that these Terms along with the Buyer Agreement shall constitute the entire agreement between Vendor and Design One USA LLC. and no prior or contemporaneous oral or written statement, correspondence, sample, or other terms, quotations, or understandings shall modify, alter, or in any way affect the terms thereof.
25. Dye Lot Variances
There may be some variance in color or pattern between batches and dye lots of a product or fabric. Please note that we cannot offer refunds and/or exchanges for any variance-related issues due to the variables that occur during the manufacturing and processing of our products.
26. Substitutions
Should a requested product become unavailable at any time, we reserve the right to substitute alternative products to an order. We will make every effort to provide a substitution comparable in quality or functionality to the requested product.
27. Rental Item Wear
Due to the nature of our business, our items are frequently rented and cleaned. While we strive to give you the best quality products every time, please note that there may be signs of “ordinary wear and tear” and that we cannot guarantee new or like-new quality.
Contact Us
If you have any questions about these Rental Terms, please contact Design One USA LLC. at:
Phone: (407)-759-4000
Email: support@designone.com
Design One USA LLC.
957 N Pennsylvania Ave
Winter Park, FL 32789