Impact Terms and Conditions
Terms and Conditions
1. Payment Terms.
a. To secure equipment a signed Rental Agreement and 50% deposit is required to confirm a reservation.
b. Final payment is due 7 days prior to the shipping/delivery/installation date of all Rental Agreements.
On-site changes can only be accommodated for Renters who have a signed credit card authorization form on file with Impact. Renters wishing to establish payment terms are subject to pre-approval, and must contact their Impact Sales Associate in advance. Under California state law, Impact is required to collect sales tax based on delivery location, as applicable. Renters with California resale certificates must provide this information to their Impact Sales Associate prior to sales taxes being exempted from any order.
A Processing fee will be applied when using a credit card as a form of payment. Alternative payment methods such as ACH, Check or Cash are also accepted.
2. Cancellation Fees.
In the event of any cancellation, the following cancellation charges apply to compensate Impact for its time. Once a reservation is confirmed by renter's signature, it is considered a binding Rental Agreement and all equipment on the order is reserved and made unavailable to other Rentersa.
Cancellations made within thirty (30) days of the scheduled delivery date will incur a 25% cancellation fee, of the total contract amount.b.
Cancellations made within fifteen (15) days of the scheduled delivery date will incur a 50% cancellation fee, of the total contract amount.c.
Cancellations made within seven (7) days of the scheduled delivery date will incur a 100% cancellation fee, of the total contract amount.d.
Rescheduling from the original contracted date resulting in an eventual cancellation will incur a 25% cancellation fee, of the total contract amount.
Please note that any event that is cancelled due to a pandemic can apply their deposit to the same event that is postponed to a later date.
3. Quote Policy.
a. Pricing valid for 14 days from the date your quote was received.
b. Quotes confirmed and/or orders changed within 14 days of delivery date may be subject to pricing adjustments based on product availability
4. Delivery and Pickup.
a. Client is responsible for all missing and broken items unless breakage is noted at delivery.
b. Client is responsible for confirming quantities and condition of product before signing the contract.
5. Reservation Agreement Accuracy.
It is the responsibility of the Renter to carefully review the Reservation Agreement for accuracy of information including (but not limited to): the program date, program timing, delivery location and quantity of Property requested. The Renter must advise Impact of any necessary adjustments or missing information in advance of the scheduled shipping/delivery/installation date. Additions or changes to a confirmed reservation made within 7 business days of shipping/delivery/installation time are subject to availability, and will be considered a ''rush/change'' order and subject to additional charges.
6. On-Site Changes.
Changes or additions to rental Property or services to the Reservation Agreement during on-site program installation will require the signature of the Renter and/or Renter's authorized representative making the request, and are subject to availability. Additional fees may be assessed to accommodate on-site additions or changes, including labor and trucking, and will be determined on a case-by case basis by the Renter's Impact Sales Associate. Any adjustments will be made to the final post-event Rental Agreement prior to invoicing.
7. Costs of Labor.
Impact estimates and schedules delivery, installation and removal labor and associated costs in accordance with information provided by Renter, and the timing outlined in the Rental Agreement. Estimates and actual labor costs are subject to change depending upon delays or changes by the Renter or delivery location/venue to the contracted timing, availability of labor, changes in staffing or event attendance, existence of union labor contracts governing labor conditions and wages, local minimum wage statutes, applicability of prevailing wage statutes, etc. Any labor expenditures incurred above what was initially estimated will be applied to the final post-event Rental Agreement prior to invoicing.
8. Venue/Location Access.
It is the responsibility of the Renter to ensure that all reserved rental Property meets the accessibility parameters of the delivery location/venue. If, upon delivery, a product does not fit into the location/venue (including doorways, elevators, stairwells, parking, road access, or restricted loading), Rental Agreement charges will still apply to Property deemed unusable. Refunds on unused Impact rental Property will not be given.
9. Receipt of Property.
The Renter is responsible for confirming the quantities and condition of all rental Property upon receipt of will call or delivery. Impact requires that the Renter or Renter's authorized agent sign the Rental Agreement upon receipt of all orders, and notify Impact immediately of any discrepancies or deficiencies. Failure to notify Impact of any deficiencies within 2 hours after acceptance or delivery signifies the Renter's agreement that the rental Property is in good operating condition and meets the Renter's requirements.
10. Return of Property.
The Renter is responsible for verifying the quantities and condition of all rental Property upon pickup or return of the Property. The Renter shall be liable for all damages to or loss of the Property incurred prior to return to Impact, and all costs incurred by Impact in repairing or replacing damaged or lost Property. If the rental Property is not returned in good condition on the return date, prorated rental fees continue on a daily basis.
11. Special Rental Property and Custom Fabrication.
Impact will at times quote the purchase of specialty or custom fabricated rental Property at the Renter's request. All orders with specialty or custom fabrication Property require confirmation of the Rental Agreement and FULL PAYMENT no later than 6 weeks prior to the program shipping/delivery/installation date. Product quantity commitments are required when the order is reserved, and any later requests to increase quantities will be subject to availability. The purchase of specialty or custom fabricated Property will not commence until receipt of a signed Rental Agreement. Any expenses incurred by Impact on purchased specialty or custom fabricated rental Property are non-refundable, and due in full should the Rental Agreement be canceled at any time.
12. Assumption of Risk, Release of Liability.
Rental Agreements where Impact does not provide delivery, install and removal services the Renter acknowledges there is a risk of losses, injuries or damages arising from or related to the use or transportation of rental Property and assumes all risk of such losses, injuries or damages. Renter, for itself and its employees, contractors, agents and invitees, releases Impact from any and all responsibility or liability for such losses, claims, liabilities, demands, costs, injuries or damages which may be experienced arising from or related to the failure, use, installation, maintenance, storage or transport of rental Property.
13. Indemnity/Hold Harmless.
Renter agrees to indemnify and hold Impact harmless from and against any and all liability, claims, demands, damages, judgments, attorneys' fees and costs of every kind and nature including, but not limited to, injuries or death to persons and damage to property arising out of the use, installation, maintenance, construction, operation, or possession of rental Property, including any products sold for use with the Property.
14. Limitation of Liability.
In no event shall Impact be liable for any lost profits, indirect, special, incidental, consequential or punitive damages, or cost of procurement of substitute products or services, however caused and under any theory of liability, whether in contract, tort (including negligence and strict liability) or otherwise, even if advised of the possibility of such damages. Except as provided by law, the aggregate liability of Impact for claims arising hereunder or otherwise shall not exceed the amounts paid by Renter hereunder for the rental Property. Any action for breach of this Agreement must be commenced within one year after the cause of action has accrued.
15. Force Majeure.
Impact's performance shall be excused where it is prevented or delayed by war, actual or threatened act of terrorism, strike, embargo, riot, power outage, explosion, machinery breakdown, accident, inability to obtain labor or materials, governmental restrictions or regulations, fire, flood, inclement weather, earthquake, act of God, or other causes beyond Impacts' reasonable control.
The failure of a credit card company to pay charges under the Rental Agreement shall not relieve Renter from liability
17. Late Payment.
Payments that are (30) days late (total of (40) days after event dates) is subject to a 1.5% late charge of the outstanding balance. Each period of (30) calendar days thereafter a 1.5% compounding charge may apply.
18. Use, Permits, Etc.
Renter agrees not to use or allow others to use the rental Property in an illegal or unsafe manner. Renter will obtain and pay for all necessary permits or licenses with respect to Renter's use of the Property. Impact is not responsible for determining whether or not permits, licenses, etc., are required for Renter's use of rental Property.
Any failure of Impact to insist upon strict performance by Renter in regard to any provision of the Rental Agreement or these or website Terms and Conditions shall not be interpreted as a waiver of Impacts' right to demand strict compliance with all other provisions of the Rental Agreement or Terms and Conditions.
20. Proposition 65 Warning.
Some of the Property rented may contain chemicals known to the State of California to cause cancer and/or birth defects or other reproductive harm.
21. Attorney's Fees.
If either party shall retain legal counsel or bring an action against the other for matters arising from or related to a Rental Agreement, the unsuccessful party shall pay to the prevailing party reasonable attorneys' fees and other costs incurred, in addition to any other relief to which it may be entitled.
22. Entire Agreement.
Renter acknowledges that Renter has read, understands and agrees to these Terms and Conditions of Rental, and that Renter will review the Additional Terms and Conditions on www.ImpactSF.com, and that they, together with the terms of Credit Application and Agreement, set forth the complete and exclusive statement of the agreement between the parties, and supersedes any other proposal, agreement, or representation, whether oral or written, and any other communications relating hereto. To the extent that these or the web based Terms and Conditions conflict with the terms of an individual Rental Agreement or any terms and conditions set forth in Renter's documents, the Terms and Conditions shall prevail. No waiver or modification shall be effective unless signed by an authorized representative of Impact.