GALA RENTALS appreciates the opportunity to serve you, our Customer. Please carefully read the following Terms and Conditions. Please carefully read the following rental conditions which form a part of the Rental Agreement and which you, as Customer, agree to by virtue of placing your order with GALA RENTALS.
Your use of this website or payments made to Gala Rentals constitutes your agreement to follow these rules and to be bound by them.
1. GALA RENTALS reserves the right, at its sole discretion, to update or modify these Terms and Conditions at any time without prior notice. It is your responsibility to check these Terms and Conditions each time before using this site. Your continued use of this website following any such change will mean that you accept and agree to the changes; regardless if you were notified of the changes.
2. Customer agrees to use all GALA RENTALS rental products (also known as “rental property”) in a careful and proper manner, and return or ship back all GALA RENTALS rental property the first business day after the event has taken place except as may be otherwise specified in this Agreement, or be subjected to extended rental fees. Customer agrees to assume all risk of loss, damage and abuse to rental property from any cause whatsoever and pay replacement costs.
3. Customer acknowledges that the rental property is of a size, design and quantity selected by Customer and that GALA RENTALS has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the condition, quality, durability, or suitability of the rental property. GALA RENTALS shall not be liable to Customer for any loss or damage caused directly or indirectly by the rental property and rental service, by any inadequacy thereof, or defects therein. Any liability of GALA RENTALS shall be limited to the rental cost.
4. The terms and conditions herein shall be governed by the laws of the State of Michigan and any legal actions shall be brought by the customer in Ingham County, Michigan. Customer acknowledges that all the provisions of this agreement have been read, including the terms and conditions, and customer agrees to be bound thereto.
5. Customer shall indemnify and hold harmless GALA RENTALS against any claim, action, damages, and liability including reasonable attorney’s fees and court costs arising in connection with Customer’s use and possession of GALA RENTALS’s rental property or Customer’s use of GALA RENTALS’s rental service.
6. In the event rental property is not returned or shipped back the first business day after the event unless otherwise contained in this agreement and/or returned in a torn, burned or otherwise damaged condition, Customer shall be responsible for the replacement cost in addition to any applicable extended rental fees. These charges will be added to the original rental charges and the Customer agrees to pay these charges upon receipt of the replacement billing. Credit card customers authorize GALA RENTALS to charge their credit card on file for all losses and damages incurred.
7. All rental property is counted and inspected by GALA RENTALS at the warehouse upon return and the resulting counts are final. GALA RENTALS retains ownership of any damaged linen and payment of replacement charges is not a purchase by Customer of the damaged rental property.
8. All rental property held beyond the agreed upon period indicated on the rental contract may be subject to extended rental fees.
9. Customer shall not return the rental property to any entity or person other than employees of GALA RENTALS or a freight carrier acting on behalf of GALA RENTALS, and Customer will require reasonable identification from such entity or person before surrendering possession.
10. Customer will be responsible for all costs incurred by GALA RENTALS due to Customer’s ordering errors including, but not limited to, incorrect date of usage, color, quantity, sizes or duplicate orders.
11. Orders can be cancelled at any time; however the 50% deposit required to reserve your order is Non-refundable. If full payment is received and the entire order is cancelled for any reason 50% of the total will be refunded. Any order changes made less than 24 hours before scheduled pick up or shipping date will be charged a $20.00 service fee. Changes include additions, subtractions or color. There is no credit for unused items. Additions may be sent as an add-on to the original order and may arrive as a separate shipment or delivery. If the additional order requires expedited shipping, additional charges may be applied. Additions to orders are subject to availability.
12. There may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Reasons for order cancellation include but are not limited to, unavailability of product, errors in product or pricing information, or problems identified by our credit department. If payment has already been made for your rental order or purchase, GALA RENTALS will promptly issue a credit.
13. For a non-refundable fee in an amount equal to 8% of the gross rental price (before taxes) charged by GALA RENTALS, Customer is granted this Damage Waiver by GALA RENTALS. This Damage Waiver protects Customer from liability to GALA RENTALS due to the accidental damage of a rental item while the item is in Customer’s possession or under Customer’s care and/or control. Damage Waiver protection to Customer hereunder shall be up to and not in excess of $1000.00 in total repair, or as the case may be, replacement value. This Damage Waiver specifically protects Customer from accidental damage which occurs to the rental items during normal use in accordance with the terms and conditions of rental agreement. However, with respect to a rental item, this Damage Waiver shall not cover, will be void and GALA RENTALS rights shall not be waived if damage or loss is due to any one or more of the following:
Customer fails to take reasonable precautions for the protection and use of the item; use of the item in a manner which violates any of the terms and conditions of the rental agreement; burglary; theft; mysterious disappearance or conversion; vandalism; malicious mischief; misuse; abuse; intentional or negligent damage or destruction; or other similar causes.
EXAMPLES OF COVERED ITEMS
Breakage to Equipment: Accidental breakage of equipment is covered if the broken item and pieces of the broken item are returned to Rental Center. Minor scratches to paint of power/outdoor equipment.
Linens: Accidental stains rips to linens will be covered with the return of the damaged linen.
EXAMPLES OF ITEMS NOT COVERED
Items not covered by Damage Waiver include (but are not limited to) the following: items damaged from electrical shortages on items requiring electricity; items damaged intentionally; items (other than tents) left out in direct contact with rain or are damaged due to flood, storm, earthquake or other external factors; items (including tents) left out in direct contact with sprinklers; negligent use; disappearance, conversion or theft; stains or tears due to decorations, wax, burns or colored materials such as crepe paper; dented equipment, and items returned dirty.
GALA RENTALS reserves the right to charge these costs to the credit card on file for the event payments. If the missing items are returned to GALA RENTALS within 30 days, the cost will be reimbursed.
14. GALA RENTALS has made considerable efforts to ensure the accurate display of the colors of linen on our website. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor’s display of any color will be accurate.
15. Orders returned partially clean will not be eligible for any credit and will be subject to full rental charges.
16. GALA RENTALS shall be excused from instances involving any delay in performance or non-performance of any of its obligations hereunder caused by “Force Majeure”, which are any circumstances beyond its control, including without limitation any act of God, weather, fire, flood, accident, war, civil unrest or disruption to the extent that any such circumstances affect GALA RENTALS’s ability to perform its obligations under this Agreement.
17. GALA RENTALS Strike and Pickup Services help to reduce rental item losses. However, it does not insure that all rental items will be found by the GALA RENTALS Strike and Pickup crews and therefore is not a guarantee that the Customer will not be billed for replacements on the unrecovered lost rental items nor damaged rental items.
18. Customer agrees that they are responsible for inspection of charger orders or any orders upon receipt, and any discrepancies in shortages, colors, counts or breakage should be communicated to GALA RENTALS immediately, and noted by the Customer on the Bill of Lading (BOL). Once the BOL is signed, the customer is responsible for the entire order as noted on the BOL unless said discrepancies are noted on the BOL by the Customer upon receipt.
19. Customer is responsible for properly repacking all china, glassware, and tabletop items into boxes clean of food and residue, and all items must be dry prior to being repacked. For palletized orders, the Customer agrees to put the packed boxes back on the pallet and shrink wrap the pallet. Customer agrees to refer to and follow the Return Instructions that are included in the shipment. Customer will be charged replacement costs for boxes and chargers that are lost and/or received broken and damaged due to failure to adhere to provided Return Instructions.
20. To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority. Except for clients with pre-established terms, prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.
21. All payments must be made by VISA, MasterCard, Discover or American Express, check by phone, check, or bank transfer. Gala Rentals will not ship, deliver, or release for pick-up any order that is not paid in full and cleared your financial institution. Credit card payments process immediately, check by phone payments may take up to 3 business days to process, checks and money orders clear within 10 business days. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this document. Final payments are due to Gala Rentals no later than two weeks before your scheduled event. Final payments not received by the deadline are considered cancellation by the Customer.
Terms and Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT GALA RENTALS, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify GALA RENTALS of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If GALA RENTALS does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by GALA RENTALS or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. GALA RENTALS shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required
22. GALA RENTALS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
23. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on GALA RENTALS website (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to GALA RENTALS, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms and Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without GALA RENTALS’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and GALA RENTALS reserves all rights not expressly granted hereunder. GALA RENTALS expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
24. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify GALA RENTALS immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by GALA RENTALS or any other user of the Site due to someone else using your password or customer account. You may not use anyone else’s password or customer account at any time. GALA RENTALS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You also agree that GALA RENTALS may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms and Conditions, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that GALA RENTALS will not be liable to you or to any third party for termination of your access to the Site.
IN NO EVENT SHALL GALA RENTALS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER GALA RENTALS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
26. UNDER NO CIRCUMSTANCES, SHALL GALA RENTALS OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GALA RENTALS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.