Terms and Conditions
TERMS AND CONDITIONS
Term. The rental period (the “Term”) is described on the Invoice. If the Equipment is not returned to Company within twenty four (24) hours of the conclusion of the Term, late fees will be charged at a rate equivalent to the daily rental rate of the Equipment, as specified on the Invoice. The Term may be extended only upon written agreement between the Parties, in accordance with the terms of said extension.
Payment. The price for renting the Equipment (the “Price”) is described on the Invoice. Renter agrees to pay a deposit in the amount of 50% of the Price (the “Deposit”) immediately upon execution of this Agreement. The remaining amount of the Price must be paid to Company prior to the commencement of the Term. Any incidental charges incurred under this Agreement must be paid within seven (7) days of demand. If Renter fails to pay any amounts incurred under this Agreement, any unpaid amounts will bear interest at a rate of eight percent (8%) per annum. Renter agrees to pay all of Company’s costs of collection incurred in relation to the enforcement of this Agreement, including reasonable attorneys’ fees.
Cancellation. Renter may cancel this Agreement at any point prior to the commencement of the Term upon written notice to Company. If Renter cancels more than five (5) days prior to the commencement of the Term, Renter will be refunded half of the Deposit. If Renter cancels less than 5 days prior to the commencement of the Term, the Deposit will not be refunded.
Renter’s Covenants. Renter agrees to the following:
The Equipment may only be used at the location described on the Invoice (the “Designated Location”).
Renter is responsible for the safe and lawful operation of the Equipment;
Unless otherwise specified on the Invoice, Renter must provide their own propane tank and fuel for the Equipment.
Renter is responsible for preparing the Designated Location for delivery and pickup.
Renter will use the Equipment in accordance with the manufacturer’s specifications, including, but not limited to, connection and disconnection of the Equipment. Control knobs must be off before lighting.
Renter will use the Equipment outdoors, or in ventilated spaces only, and will keep flammable materials away from the heat sources of the Equipment;
Renter will check the hoses and tubes of the Equipment for cracks, leaks, or blockages prior to use, and report any damage to the Company immediately upon discovery.
Renter will not exceed the capacity of the Equipment.
Renter will not use the Equipment for illegal purposes.
Renter will not allow the Equipment to be used by any individual other than Renter, its employees or agents.
Renter will not remove the Equipment from the Designated Location without the prior written consent of Company.
Renter will protect the Equipment from weather, misuse, theft, or loss.
Renter will obtain any license or permit required by any public or private body in order to operate the Equipment.
Renter will provide adequate fire suppression for the Equipment, including, but not limited to, fire extinguishers and sprinklers.
Renter will store all propane tanks upright, and away from heat sources, in ventilated areas. Propane tanks will not be stored in vehicles or enclosed spaces.
Additional Charges. The following situations may result in additional charges to Renter pursuant to this Agreement, and Renter agrees to pay the same upon demand:
For rentals in which the Equipment will be delivered to the Designated Location by Company, Renter will provide a clean, level, and prepared location to install the Equipment. If installation of the Equipment takes more than 30 minutes due to an inadequately prepared Designated Location, $75 per hour (minimum one hour) if setup exceeds 30 minutes due to an inadequately prepared location;
Renter will dispose of used cooking oil in accordance with all relevant laws, statutes or ordinances. Company will not collect or dispose of cooking oil. If cooking oil is left in the Equipment, or undisposed at the Designated Location, $100 per fryer if oil is left in the equipment or not properly disposed;
Renter will clean the Equipment after use, and before it is returned to Company. If Renter fails to clean the equipment in a manner satisfactory to Company, $150 per smoker and $75 per fryer if returned in unsatisfactory condition.
If the Equipment fails, or otherwise becomes unsafe for use, Renter agrees to immediately stop using the Equipment, and to notify the Company within one (1) hour of any such event. Company is not liable for damages or injuries related to equipment failure. If Company is required to service the Equipment during the Term, Renter will be charged $100 flat rate if caused by user error or misuse, plus applicable delivery charge if travel is required.
Delivery and Pickup:
$130 flat rate for deliveries within a 15-mile radius (30 miles round trip) of our Madison County base (Local Service Zone).
$195 flat rate for deliveries within a 16–30-mile radius (60 miles round trip) of our Madison County base (Regional Service Zone).
Deliveries beyond 30 miles one way may only be accepted under a special service agreement, quoted individually based on distance, time, and fuel requirements.
Pickup Option: Customers may choose to pick up and return equipment directly from our Madison County base by appointment, at no delivery charge.
Extended Delivery Clause: For any delivery or pickup involving additional setup time, multiple equipment units, difficult site access, or unusual travel conditions, Rent & Cook LLC reserves the right to adjust delivery fees accordingly, with notice to the renter prior to scheduling.
Breach. If Renter breaches any of the terms or Covenants set out in this Agreement, Renter agrees to pay any damages Company incurs as a result of said breach. Notwithstanding the foregoing, if the Equipment is lost, stolen, or damaged for any reason during the Term, Renter agrees to pay the cost to repair or replace the Equipment.
Disclaimer of warranties and liability. The Equipment is rented “as-is,” and Company disclaims all warranties related to the Equipment, whether express or implied. In addition, Company specifically disclaims any responsibility for underground damage or fire damage.
Assumption of the Risk and Indemnity. Renter assumes all risks related to the use of the Equipment, and agrees to release, indemnify, hold harmless, and defend Company, along with its Directors, Officers, Agents and Members, from all claims which may be brought against Company, its Directors, Officers, Agents, or Members, arising out of or resulting from this Agreement, or any use of the Equipment.