Rental Terms
1. General
Honey & Nectar Co. (“We, us, the company, Honey & Nectar [Co.], Honey and Nectar [Co.]”) and renting and/or purchasing party (“Customer”) identified in the applicable event rental quotation, order, acknowledgement, invoice, or any other contract or agreement between us and Customer (individually and collectively referred to herein as “Contract”), agree to be bound by these Terms and Conditions of Rental and Sale (“Terms”) for the materials, goods, services, and/or products (collectively, the “Goods”) rented, served or sold to Customer pursuant to such Contract. Customer hereby agrees that it will be bound by these Terms and be responsible for orders placed on its behalf by self, an event coordinator, planner, representative, or agent of Customer, for which such Customer is identified on the Contract, as if such Customer placed such order directly with the company.
2. Acceptance/Sole Terms
The provisions set forth herein together with the provisions of the Contract constitute all of the terms and conditions for Customer and with the Honey and Nectar Co. with regard to the Goods. Our acceptance and delivery, shipment or drop off of Customer’s order is expressly made conditional on Customer’s assent to these Terms. Any and all terms, conditions, or provisions 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 Honey and Nectar’s Contract, are null and void and of no effect, even if (i) the company does not expressly object to such terms, conditions, or provisions, or (ii) such terms, conditions, or provisions are specified subsequent to such other documents. Customer hereby agrees that no terms additional to or deviating from these Terms shall become part of the Contract unless and until written acceptance of such additional or deviating terms, signed by an authorized officer of Honey & Nectar Co, has been issued to Customer. Customer’s acceptance of any Goods supplied by, or on behalf of, Honey & Nectar Co. 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 Contract, except for Customer’s with specific net payment terms listed under the Contract’s billing terms. Each service is due in incriminates depending on service. For example all rental items are due half down the day the contract is signed. The rest is due by the date listed on the contract. Each contract and service is specific to itself and is determined in individual contracts. Prices stated are subject to change and Customer agrees that additional payments will be owed and payable to Honey and Nectar Co. 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 Goods, or rented Goods 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 producing, warehousing, purchasing, selling, or renting the Goods rented or purchased hereunder. Customer hereby agrees that the company may charge any credit or debit card or account provided by Customer for any such change in price resulting in a balance owed by Customer to Us. All charges and dates should be specified in the contract but any cards provided will be charged the day listed on contact no matter what for any remaining costs. No discount will be allowed unless specifically set forth on the face of the Contract. Written quotations will automatically expire thirty (30) days after their issuance unless terminated by Us upon notice to Customer. Honey & Nectar Co. reserves the right to increase the prices of its rental, service and sales offerings. The timing and amount of any price increase for any rental or sale Goods will be in the sole and exclusive discretion of the Honey and Nectar Co. To the extent that a price increase may effect an unexpired written quotation provided by us to Customer, Honey & Nectar Co. may in its sole and exclusive discretion honor such quotation or terminate such quotation by notice to Customer, with or without providing a new quotation to Customer.
4. Acceptance of Goods, Delivery, and Transportation
Customer shall inspect the Goods at the time of delivery. Unless Customer provides us with notice of any claim, shortages of, or defects in the Goods, including without limitation any claim relating to quantity, weight, condition, loss, or damage thereto, at the time of delivery, such Goods shall be deemed finally inspected, checked, and accepted by Customer. The Contract shall specify whether Goods shall be delivered to an indicated address or picked up by Customer. We will determine the point of origin of any shipment. Honey and Nectar Co. shall not be responsible for insuring shipments. Customer 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 Goods will be delivered and from which the Goods will be retrieved. Customer 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. We may refuse, without penalty to Honey and Nectar Co., delivery and/or retrieval of the Goods if Customer fails to provide safe means of ingress and egress.
5. Title and Risk of Loss
Title to any Goods rented to Customer shall remain with Honey and Nectar. Title to any Goods sold and risk of loss of such Goods passes to Customer upon delivery.
6. No Warranty
Honey and Nectar Co. provides goods “as is” without any warranty, express or implied, including no warranty for merchantability or fitness for a particular purpose. Any product of the customer’s in our possession that is damaged in our possession Honey and Nectar Co. remains without liability toward. Such service may include steaming table cloths, and if one were damaged during service we are not liable. This goes for any such case.
7. Limitation of Liability
Our liability (whether under the theories of breach of contract or warranty, negligence, strict liability, or otherwise) for the goods shall be limited to repairing or replacing such goods found by Honey and Nectar. To be defective with new or reconditioned goods at our discretion, or at its option, to refunding, in partial or full, the rental or purchase price of such goods. The parties hereto expressly agree that customer’s sole and exclusive remedy against Honey and Nectar Co. shall be for the repair or replacement of the defective goods or, with our consent, the refund of the purchase price. Customer hereby agrees that this exclusive remedy shall not be deemed to have failed of its essential purpose so long as Honey & Nectar Co. is willing and able to repair or replace the defective goods in the prescribed manner or refund the price, in partial or full, for goods covered by the contract.
8. Disclaimer of Consequential and Incidental Damages
In no case will we be liable for the cost of procurement of substitute goods, 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 Honey and Nectar Co. or company (party of others involved with us) has been advised of the possibility of such damages, which customer 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 goods. 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 goods). Customer shall defend, indemnify, and hold us harmless against all liability, cost, and expense which may be sustained by Honey and Nectar Co. on account of any such loss, damage, or injury.
9. No Insurance
Unless otherwise expressly set forth in the Contract, Honey and Nectar Co. 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 Goods to Customer.
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 Goods, 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 Customer, and if such taxes or fees are paid or are required to be paid by Honey and Nectar Co., the amount thereof shall be added to and become part of the price payable by Customer hereunder.
11. Packaging
Prices stated are based on our standard packaging. We reserves the right of packaging the Goods in pallets, bulk, or individual cartons. Packaging will be standard commercial package and acceptable to commercial carriers. Special Customer packaging will be furnished only when specified, and the cost thereof shall be borne by Customer.
12. Delays
Unless expressly specified to the contrary, Goods 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. Honey and Nectar Co. 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, weather or acts of God, (b) acts of Customer, (c) shortages of labor, fuel, power, materials, supplies, transportation, or manufacturing facilities, (d) governmental action, (e) subcontractor or supplier delay including, but not limited to, failure by subcontractor or supplier to make timely delivery, or (f) any other cause or condition beyond Honey and Nectar Co.’s reasonable control. In the event of any such delay or nonperformance, We may, at our option and without liability, cancel all or any portion of the contract. We will use commercially reasonable efforts to minimize reasonably anticipated delays, but may decline to deliver and/or install Goods if such acts above occur and potentially create unsafe or unsecure delivery or retrieval conditions. Each customer by signing with us agree to acknowledge the potentials of delays or further issues with delivery/shipment and cannot hold us responsible for such issues. Any payments made for delivery and shipment are final unless refundable by a third party such as the paid shipment service. This is one example or many possibilities and possible ways for a refund or not in this specific area. Each case will be different and determined by us or the outcomes of refunding based off of the third parties ability to do so.
13. Termination, Cancellation, and Modification
Except as otherwise provided herein or in the Contract, orders cannot be terminated, cancelled, or modified, or shipment deferred after acceptance of Customer’s order by Honey and Nectar, except with Our written consent and subject to reasonable charges for expenses incurred and work executed by Us. Customer may cancel an order up to fourteen (14) days prior to delivery by 5:00 p.m. PST and no fee will be charged to Customer as long as Customer makes such cancellation in writing and the cancellation is acknowledged by us. Customer may cancel an order up to seven (7) days prior to delivery by 5:00 p.m. PST as long as Customer makes such cancellation in writing and the cancellation is acknowledged by Honey and Nectar Co., but Customer shall be responsible for fifty percent (50%) of the total Contract amount and that fifty percent (50%) will be immediately due to Honey and Nectar Co. and charged to Customer. Customer will be one-hundred percent (100%) responsible for the Contract amount for any cancellation after 5:00 p.m. PST the six days prior to the delivery date and that one-hundred percent (100%) will be immediately due to Honey and Nectar Co. and charged to Customer. This is subject to change only as written in writing by in the contract or something/somewhere else depending on circumstances.
14. Damage, Destruction, and Loss
Customer acknowledges that in the event any rented Goods (including without limitation the equipment, chinaware, glassware, silverware, tables or any other property of ours described in the Contract) sustain any damage or destruction or are lost or stolen while under rent to Customer, Customer agrees to pay Honey and Nectar Co. the costs for repair or replacement thereof pursuant to Section 3 herein. Customer further agrees to accept full responsibility and liability, and Customer shall defend, indemnify and hold us 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 Goods. We are not responsible for any damage or liability incurred by handling Customer’s or any other person’s personal property. If not paid we will take further actions to ensure payment, whatever legal actions we see to take. This is due immediately, or through payments or within a period of time IF determined so in a contract or THE contract.
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, this is on top of the full charge cots of late notification for such deletions or reductions.
16. Return of Rented Goods
Customer shall return all rented Goods to Honey and Nectar Co. at the time, date, and place designated in the Contract. Customer shall return all rented Goods in the same condition and manner as Customer 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. Customer shall be responsible for the safe and secure storage of all rented Goods awaiting retrieval. Customer agrees and acknowledges that if Customer fails to return all rented Goods to the company at the time, date, and place designated in the Contract or if Customer fails to make all rented Goods available for pickup at such time, date, and place, then Customer is subject to additional service charges pursuant to Section 3 herein, including without limitation Honey and Nectar’s consequential and incidental damages regarding any such attempt by Us to retrieve the rented Goods, and the procurement, retail, shipping, handling, fulfillment, and/or replacement of such rented Goods. If items are not returned further legal actions will be taken on our behalf and charges may apply. Such as full cost of item if purchased new to replace. If date in contract no longer works a date before or after is fine as long as it’s within three days after date listed on contract.
17. No Return of Rented Goods
Customer shall not be entitled to return to or obtain a refund from Us for any purchased Goods (including without limitation paper napkins, paper plates, and paper cups, unused or otherwise, described in the Contract).
18. Indemnification
Customer shall hold harmless, defend, save, and indemnify Honey and Nectar Co. 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 Customer. 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 Honey and Nectar Co. embodied in, displayed on, or otherwise provided in connection with, the Goods or the Contract (“Intellectual Property”), shall remain the sole property of Ours. Without Our express prior written permission, Customer will not (a) remove, alter, or deface any trademark or branding including with or displayed on the Goods, and (b) reproduce, use, or communicate to third parties of any such intellectual property.
20. No Waiver
Forbearance or failure of Us to enforce any of the terms and conditions stated herein, or to exercise any right accruing from default of Customer, shall not affect or impair our rights arising from such defaults; nor shall forbearance or failure be deemed a waiver of Our rights in case of any subsequent default of Customer.
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 Customer and Honey and Nectar Co. provided, however, that Customer may not assign or transfer the Contract or these Terms, in whole or in part, except upon the prior written consent of Honey and Nectar Co.
23. Governing Law; Venue; Resale
The Contract and these Terms shall be construed in accordance with and governed by the laws of the State of Oregon, 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 Wallowa County in the State of Oregon. The parties hereby consent to the jurisdiction and venue of such courts.
24. Entire Contract
Customer and Honey & Nectar Co. hereby agree that these Terms along with the Contract shall constitute the entire agreement between Customer and Honey and Nectar Co. 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, use, normal wear 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.
These terms are subject to change and customers are bound to updates even if it’s within and unexpired contract.
Contact Us
If you have any questions about these Rental Terms, please contact us at:
Email: briannafaithco@gmail.com
