US Dollars
RENTAL AGREEMENT
Please read the terms and conditions below regarding your Rental Agreement. By clicking the button on the order form, you will digitally sign this Rental Agreement, and thereby indicate that you agree to the following terms and conditions:
1. Parties & Definitions
This is a legal and binding contract for the purpose of a short term rental of Products between the signer of this document (hereinafter referred to as “Renter”), and Tyohar, LLC tyohar.shop , (hereinafter referred to as “Tyohar ”). “Products” are defined as all items specified in the “Products Rented” section of Renter’s Order Form.
2. Ownership
Tyohar maintains full ownership of all rented Products.
3. Delivery and Return
a. Delivery Date
Products will be delivered two days before the “Delivery Date” shown on Renter’s Order Form.
b. Return Date
Products must be returned to nearby shipping carrier location by the “Return Date” shown on Renter’s Order Form. If the “Return Date” is a Sunday or holiday, Renter may return rentals to nearby shipping carrier location the next business day.
c. Free Delivery
Tyohar provides free ground shipping on all rental items to any address in the continental U.S. The transit time with free ground shipping is 1 – 5 business days, depending on Renter’s physical location. If Renter requires expedited shipping, express shipping is available for an additional fee. Renter will be notified at checkout if the Products will arrive by Event Date with the free ground shipping.
d. Return Shipping
Tyohar provides return shipping on all rental items within the continental U.S. Tyohar will provide pre-paid shipping label(s) inside the package(s) for use in returning all rented products. If the pre-paid return labels are misplaced or not found, Renter can download copies of the labels or receive copies via email. All returns must be completed using the pre-paid return system; if Renter chooses alternate method for return, Renter bears all costs and liability.
e. How to Return Products
Products are considered “Returned” as of the date and time that Shipping Carrier takes possession of the Products and scans the return labels. Renter must return Products to a physical Shipping carrier location; Renter may not leave packages at a Shipping carrier drop box. Renter should remove all original shipping labels from the boxes and affix the pre-paid return labels provided. Renter should also ensure that shipping carrier scans all boxes in the order, and obtain a receipt for all boxes returned. The receipt will document the quantity and weight of boxes returned.
f. Return Packaging
Renter agrees to return Tyohar Products in the same or comparable packaging in which it was received, which is necessary to ensure Products are not damaged while in transit for return shipping. Tyohar will provide the necessary packaging materials. If Renter misplaces the packaging materials, Renter should contact Tyohar for instructions on how to package items for return.
4. Extended Rentals and Late Returns
a. Rental Extensions
Renters that wish to retain Products for a longer rental period are eligible to receive a discounted rental rate for a “Rental Extension.” A “Rental Extension” is defined as an additional five-day rental period, beyond the initial five-day rental period. Rental Extensions are charged at a rate of 50% off the regular rental price.
b. Late Fees
Failure to return any rented Product by the “Return Date” will result in Rental Extensions being added to the reservation. If return is up to five (5) days past due for return, one (1) Rental Extension will be added to the reservation and charged to Renter’s credit card. If return is up to ten (10) days past due for return, two (2) Rental Extensions will be added to the reservation and charged to Renter’s credit card. If Products are not returned more than ten (10) days after the Return Date, Renter will be charged for the replacement cost of the unreturned Products. See “Lost, Stolen, Damaged, or Unreturned Products” for more details.
5. Lost, Stolen, Damaged, or Unreturned Products
Renter agrees to return Tyohar property in the same condition as when it was received. Renter agrees to full financial responsibility should the rental Products and/or any of the components, parts, or supplies be unreturned, stolen, lost, damaged, destroyed by fire or any other means, or altered in any way, other than normal wear and tear. Normal wear and tear includes minor scratches, minor stains, or other similar minor damage.
Should any Products require repairs beyond normal wear and tear, Tyohar will first attempt to repair Products in-house. If in-house repairs are successful, Renter is not responsible for any damage or fees. If Products cannot be repaired in-house, Products will be sent to an authorized repair center, and Renter shall be responsible for any and all repair fees.
If Products are not returned, Renter shall be responsible for the replacement cost of the unreturned Products. The replacement cost is determined based upon the published retail price(s) for the Product(s) at the time of renting. Renter’s digital signature authorizes Tyohar to charge the cost of any repairs or replacement fees to Renter’s credit card.
6. Defective or Missing Items
Tyohar will test all Products before they are shipped to ensure all items are in proper working order. Additionally, Tyohar guarantees that an employee inspect every package prior to shipping, to ensure the correct items and quantity are shipped. Renter must notify Tyohar of any problems with rented Products by phone or email within 48 hours of delivery. This includes missing Products, defective Products, damaged Products, or any other issues. Failure to provide notice within 48 hours of delivery will result in a waiver of any such claim by Renter.
7. Payments, Refunds, and Cancellations
a. Payments
Upon receiving the contract, you (Client) pay 40% security deposit fee to lock down the contract. Remainder of 60% of the payment and a 30% of a retainer fee is due as mentioned in the contract.
*The retainer fee is a damage goods fee, and will be returned in full after the Rental items are sent back to us, and no damage is observed. We understand that a little wear and tear is normal, and you will not be penalized for that.
b. Cancellations & Refunds
Renter may change or cancel any order anytime up until the package is shipped out. If quantity is reduced or order is cancelled before shipping, a full refund will be provided within 2 business days. No refunds are available once Products have been shipped out, whether due to event cancellation, nonuse of Products, or any other reason. (The ship date is typically 5 – 10 business days prior to the Event Date, depending on Renter’s shipping address. Renter may contact Tyohar to confirm the specific ship date for his/her package.).
To cancel an order, Renter should contact 1-732-675-1994 or contact@tyohar.shop and provide the order number and billing address.
8. Renter's Use of Rental Products
Renter agrees to use all rental Products in a careful and proper manner, and in compliance with any and all applicable regulations and laws. Renter further agrees to use all Products as prescribed in Tyohar instructions, as shown on the Tyohar website. Renter hereby acknowledges that she/he has received and understands the necessary instruction on the proper set-up and usage of rented Products and understands the conditions that cause failure or damage. The proper set-up and usage of rented Products includes, but is not limited to, the following terms and conditions: 1) Products may not be exposed to rain, water, or moisture; 2) If mounting Product overhead, always secure it to a fastening device using a safety cable; and 3) Products may not be operated in temperatures higher than 140 degrees Fahrenheit. By virtue of accepting this Agreement, Renter hereby waives any claim of ignorance on the proper set-up and usage of rented Products.
9. Renter’s Responsibility for Rental Products
Renter assumes full responsibility for the care of the rented Product(s) from the time they are delivered to Renter’s address, until the time they are scanned by Shipping carrier for return. The time of delivery shall be determined based upon the “Proof of Delivery” documentation provided by Shipping carrier. The Products may be left at Renter’s address without signature if Renter is unavailable to accept the packages at the time of delivery. Tyohar does not bear liability for Products left unattended. Renter may request the packages to be held at a shipping carrier location for pickup, which can be requested at the time of placing the order, or by contacting Shipping carrier prior to delivery.
10. Warranties, Representations, and Indemnification
Renter hereby acknowledges that the rental Products are of a size, design and quantity selected by Renter and that Tyohar 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 Product for Renter's specific uses or applications. Tyohar will not be liable to Renter for any loss or damage caused directly or indirectly by the rental Products and rental service, by any inadequacy thereof, or defects therein. Renter will indemnify Tyohar and hold harmless against any claim, action, damages, and liability, including attorney’s fees, arising out of or connected with Renter's use of the rental Products or Renter's use of Tyohar rental service.
11. Governing Law and Choice of Forum
This Agreement is governed by the laws of the State of Florida. In the event of any dispute concerning this Agreement or the products rented hereunder, including any breach of this Agreement, suit may be brought only in a court of competent jurisdiction in the State of Florida.
12. Entire Agreement
This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to this subject matter.