Peachy Portable Potties Terms and Conditions
These terms and conditions are based on an offer by Peachy Portable Potties, LLC, a Georgia-based company (hereinafter referred to as “the Company”), to rent item(s) as specified to the Renter/Lessee (hereinafter referred to as “the Customer”). No contrary or additional terms or conditions of sales proposed by the Customer will be accepted by the Company and any such proposed contrary or additional terms are to be construed as requests for additional item(s) or services to this Agreement which are hereby rejected unless otherwise indicated in a written instrument executed by an authorized officer of the Company making specific reference to this order and the specific contrary or additional terms proposed by the Customer. The Company’s performance to this order shall be deemed unqualified acceptance of the terms and conditions of service set forth below:
1.0 New Customers
New Customers are required prior to delivery of item(s)/service to fill out and sign the Credit Application (when required), as well as pay in advance for the first month’s rent, a delivery fee per unit, plus damage waiver charges and applicable taxes in order to establish service. Billing is the first business day of each month. All invoices must be paid within 30 days, or the Customer will be subject to late fees and/or past due balances will be charged to any credit card number that we have on file.
2.0 Use and Care
The Customer acknowledges that it has the care, custody, and management of all equipment owned by the Company and accepts responsibility for the equipment and its contents, except when it is being physically handled by the employees of the Company.
The customer acknowledges that prior to taking the rented item(s), they examined it, saw it in operation (if appropriate), are aware of its condition and that it is in good condition except for any defect noted on this contract. It is the Customer’s responsibility to return the rented item(s) to the Company in the same condition, except for ordinary wear and tear.
Customer agrees that they are satisfied with the instructions given by the Company in the proper and safe manner of using the item(s) or that they are so familiar and told the Company that they were. The customer further agrees that the item(s) will only be used at the address/location designated and only for the purpose for which the item(s) were manufactured and intended. Subleasing or improper use is prohibited. You have read and understood all manuals, written operating instructions, and warning as supplied for the equipment.
The use of false or fictitious identification to obtain the item(s)/service or the failure to return the item(s) may be considered as theft, resulting in criminal prosecution. Title to the item(s) is and shall remain with the Company. If the item(s) is/are not returned and/or levied upon for any reason whatsoever, the Company may retake said item(s) without further notice or legal process and use whatever force is reasonably necessary to do so. The Customer hereby agrees to indemnify, defend, and hold the Company harmless from any and all claims and costs arising from such retaking. If the item(s) is levied upon, the Customer shall notify the Company immediately. Customer represents to the Company that they are not insolvent and should they become insolvent, that they will return all item(s) to the Company immediately.
4.0 Access/Delivery and Pickup Time
The customer agrees to provide unobstructed access to the item(s) on the scheduled service, pickup, or drop-off day. If the equipment is inaccessible so that the scheduled service cannot be made, the Company will promptly notify the Customer and afford the Customer a reasonable opportunity to provide the access. If the Customer cannot provide access, service will be rescheduled, however, Company may charge a $49 fee for the Customer’s failure to provide initial access.
The normal delivery time frame is 24 hours once the credit application (if necessary) and/or credit card payment has been approved for new renters and/or the delivery order has been processed for all existing renters. All requests submitted after 2:00 pm will be processed the next business day. If the Company must re-deliver any equipment due to incorrect shipping address/directions, no access to site, or any other issue caused by the Customer, an additional delivery fee of a $49 will apply. Saturday, Sunday, after 5:00 pm or before 8:00 am and holidays will incur an additional service fee of $49. Should the Customer after placing an order for delivery or pickup, if Company’s driver has left Company’s yard, and the Customer cancels the order, the Customer will incur a $49 fee for said cancellation.
Please note that we do not have specific service, pick up or drop off times – only scheduled days. Our trucks are scheduled to service, pickup, or drop off for every customer on the route on the scheduled day and if we miss one, we will correct this as soon as possible. If your scheduled service, pickup, or drop-off falls on a holiday, your service, pickup, or drop-off will be scheduled for the following day.
5.0 Item(s) Failure/Damage Waiver/Accidents/Reporting and Indemnification
Customer agrees immediately to discontinue the attempt to use the rented item(s) should it at any time become unsafe or in a state of disrepair and will immediately (one hour or less) notify the Company of the situation. The Company agrees at its discretion to make the item(s) operable within a reasonable time, or provide Customer with a like item(s) if available or make a like item(s) available at another time, or adjust the rental charges. This provision does not relieve customers from the obligations imposed by other paragraphs in these terms and conditions. In all events, the Company shall not be responsible for any injury or damage, including consequential damages resulting from failure or defect or any rented item(s).
By Customer accepting the damage waiver, it covers normal wear and tears to the equipment, as well as vandalized equipment only with a Police Report. The company excludes from this waiver, however, any loss or damage due to fire, collision, windstorm or another weather event, upset, riot, theft, burglary, misuse or abuse, theft by conversion, intentional damage, mysterious disappearance or any loss due to Customer’s failure for the rental item(s) as a prudent person would their own property. If the Customer elects to not take the damage waiver, then the Customer must provide proof of insurance which shows the Company as an additional insured at no charge to the Customer.
In all events, the Customer assumes responsibility for themselves(s) their own employees/guests, agents, sub-contractors, and assigned for any claim, injury, or loss, not otherwise caused by the acts of omissions of the Company and agrees to indemnify, defend and hold the Company, its owners, shareholders, employees, contracts and assigns harmless from any claim or action arising therefrom, including any costs and attorney fees incurred in connection therewithin. If it is deemed necessary to charge the Customer a replacement cost for equipment that has been damaged, lost, stolen, or burned, the Customer agrees to submit payment within 14 calendar days for replacement charges. The parties hereby consent and agree to the jurisdiction of a court of competent jurisdiction in Hall County, Georgia, to resolve any and all disputes between the parties. Further, the parties waive the right to a trial by jury and instead agree to have any dispute by a bench trial, without the use of a jury. Customers who require to be put on Company’s insurance as an additional insured and/or waiver of subrogation will be charged for this service as a pass-through cost based on the fees our insurance company charges us.
6.0 Ordinary Wear and Tear
The customer hires the item(s) on an “as-is” basis. The equipment will incur ordinary wear and tear while out on location or job site which shall mean only the normal deterioration of the equipment caused by ordinary, reasonable, and prior use of equipment on a one-shift basis. Damage that is not “ordinary wear and tears” includes but is not limited to: damage resulting from tip over, exceeding capacities, improper use, abuse, graffiti, items other than sewage waste in tanks including any foreign materials, rocks, golf balls, paint, rags, oil cement, beverage cans/bottles may be charged back to the Customer and/or rental of said equipment may be terminated.
7.0 Emergency Situations
Customer is solely responsible in cases of disaster for the secure item(s) which they have rented. This includes staking unit to ground or chaining unit to fence or tree as necessary.
The company reserves the right to discontinue any service or item(s) with 24-hour notice in the event there is a national disaster and the equipment is needed to support disaster relief.
8.0 Payment Terms and Cancellation Policy
To initiate all orders, the Customer must agree to the following payment terms. Confirmation of the Customer’s acceptance of these terms is through signing the agreement. No orders will be final until the Company receives a signed copy of the agreement.
The following are the payment terms:
At the time of acceptance of the order, a 50% deposit is due, no orders will be held without this deposit.
The total amount is due a minimum of ten days prior to the delivery date.
For an immediate rental request, payment in full must be paid prior to delivery.
The Customer may cancel this order, reduce quantities, revise specifications or extend schedules only by mutual written agreement and agrees to pay proper cancellation charges, which shall take into account expenses already incurred and commitments made by the Company and shall indemnify the Company against any loss, such as loss may or shall not exceed the total contract price. The following cancellation charges shall apply:
More than 60 Day Notice of Cancellation: 75% of Deposit Returned to Customer
60 - 30 Days’ Notice of Cancellation: 50% of Deposit Returned to Customer
30 - 10 Days’ Notice of Cancellation: No Deposit Returned to Customer
Less than 10 Day Notice of Cancellation: Total Rental Charges Due
9.0 Charges and Payments
Customer is responsible for all rental charges from the time the item(s) is/are on Customer’s site until it is picked up by Company, and other charges hereunder. All item(s) shall be returned promptly, clean, and in good condition. The following charges will apply for damage to the unit:
Unit blow overs $75 per occurrence
Damage to Toilet Paper Dispensers: $45 per occurrence
Damage to Hand Sanitizer Station: $45 per occurrence
Damage to Soap Dispenser: $45 per occurrence
Damage to Paper Towel Dispenser: $45 per occurrence
Damage to Portable Unit - Repair: Material cost + $75/hour of labor for repairs
Damage to Portable Unit – Replace: $1,250 for Standard Unit
Damage to Portable Unit – Replace: $2,375 for ADA Unit
Customer, Customer’s representatives, agents, or principals, shall be responsible for and shall pay the Company all charges hereunder. All charges are due upon return of the item(s) and on-demand. If the rental charges are charged to someone other than the Customer, the Customer represents they are the agent of such party and has the right to charge this rental. The Customer nevertheless will remain liable for the charges and for the other obligations and responsibilities of the Customer hereunder. If rental charges are not paid within 14 calendar days of the due date, the Company, at its discretion, may charge a 1 ½% interest fee per month on all charges.
Customer agrees to pay attorney fees, collection fees, court costs and any other expenses incurred in collecting any charges under this agreement, in retaking item(s) or otherwise in enforcing the terms of this contract.
10.0 Limitation of Liability
In no event shall the Company be liable to Customer or any third party for consequential, incidental or special damages, or for lost profits, resulting from or in any manner related to the rental of its equipment, products, their delivery, non-delivery, design use, or any inability to use the same, whether such damages be claimed under contract, tort or any other legal theory. The customer understands that the sole and exclusive remedy of the Customer shall be the repair or replacement of any defective item(s) and/or the refund of rental charges. The limitation shall survive the termination, expiration, or cancellation hereof.
Generally to the fullest extent permitted by law, the renter shall hold harmless, indemnify, protect and defend Company, its subsidiaries, affiliates, successors and assigns, and owners, partners, employees, agents, and insurers, against all demands, claims actions, causes of action, proceedings, lawsuits settlements, judgments, fines, penalties, losses or expenses (including attorney fees and interest) for damages from bodily or personal injury, death, the destruction or loss of property arising out of, or resulting from or related to the work performed and/or the item(s) supplied under this agreement to the extent attributable in whole or in part.