The main purpose
These terms and conditions constitute a legal agreement between you ("You" or "Your") and Party Plex ("we," "us," or "our"), establishing the terms under which you will submit information to, rent equipment and accessories (each a "Product" and collectively, "Products"), and receive related services ("Services") from Party Plex via our website at www.partyplex.com (the "Website").
1. General; Rental Not Purchase; Adult Agreement Required.
This Agreement contains all the terms and conditions governing Your rental of Products from Party Plex via the Website. Your general use of our Website, outside of rental orders as set forth in this Agreement, is subject to our Website Terms and Conditions of Use, which may change without notice. No other terms or conditions (preprinted or otherwise) shall have any force or effect. You acknowledge that You are renting the Products and that ownership of the Products remains with Party Plex at all times. Our Products may be rented for use by individuals under 18 years of age, but we rent only to adults who may purchase with a credit card or other approved payment method. If You are under 18 years of age, You may accept these terms and conditions and order Products only with involvement and approval of Your parent or legal guardian.
2. Rental Fees; Credit Card Authorizations; Cancellations.
The rental fee ("Rental Fee") for the Products will include the rental fee, insurance charges, and delivery charges listed on the Website in connection with Your rental of the Products. Upon Your order for a Product, You authorize us to charge Your credit card for the Rental Fee. We will charge Your credit card the amount of the Rental Fee immediately upon Your rental order. A reservation of a Product on our Website is an order for the rental of that Product, regardless of how far in advance that Product is reserved. Additionally, at the time of Your order, You authorize Party Plex to charge Your credit card for the entire original retail value of that Product (when new), plus sales taxes ("Retail Value"); however, we will only charge the Retail Value in the circumstances set forth in Section 4 below. Rental Fees include all applicable taxes and governmental assessments, all of which shall be paid by You directly or, if paid by Party Plex, shall be reimbursed by You. You may cancel Your order for Products at least seven (7) days prior to the ordered delivery date, subject to the following cancellation fees: (i) for cancellations seven (7) or more days in advance, no cancellation fee; and (ii) for cancellations less than seven (7) days in advance, You will be charged half of the initial rental fee.
3. Our Commitments to You.
Delivery to You. We will deliver the Products You ordered on the date specified, except to the extent we informed You during Your order that the specific Product was not guaranteed. Products may appear different in color and style than the photos displayed on our Website. Our liability to You for failure to deliver the Product as ordered is limited to timely delivery of the Product or a refund of the Rental Fee (excluding insurance and delivery charges), as determined by us.
Guarantees.
Delivery; Clean and Ready to Use. Your Products may be ordered and delivered to You on the same day for certain orders placed by 5 p.m. within the Greater Toronto Area, subject to additional delivery charges. The Products can be delivered to You until 7:00 p.m. on Your rental start date. The Products will be professionally cleaned and delivered ready to use. We sanitize and inspect each product with the utmost care, but use of the product is at Your own risk, and Party Plex shall not be held liable for any health-related complaints associated with a product rented from our Website.
Moneyback, Weather Guarantee. If the weather does not permit us to fulfill Your rental on the date specified, we will offer You an alternative date at no additional cost or provide a full refund of the Rental Fee to Your credit card. This guarantee can only be claimed on the date of the original rental.
Backup Products. If You order a Product, You may also order a backup Product (at the same price tier as the first Product) for the same rental period; however, sizing guarantees and credits under Section 3(b)(1) do not apply. We may discontinue the availability of Backup Products at any time.
4. Your Commitments to Us; Payment of Retail Value.
Receipt of the Products. Upon delivery, You bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address (defined herein) is provided. A Secure Shipping Address is a location where an individual can physically receive Product(s). If an unsecure shipping address is provided, Party Plex is not liable for Products left unattended, and You will be held responsible for any resulting delivery delays or additional fees.
Use of the Products. You agree to treat the Products with great care. You are responsible for loss, destruction, or damage to the Products due to theft, mysterious disappearance, fire, water, or any other cause beyond normal wear and tear. Normal wear and tear includes projector lamp life, remote control battery life, and the usable lifespan of the applicable Product. If You return a Product that is damaged beyond normal wear and tear, You agree that we may charge You for the price of repairing or replacing the Product, along with any additional fees as determined at our discretion.
Return of the Products; Extensions. You agree to return the Products to Party Plex in the original condition and arrangement as delivered on the date specified in Your order. You may extend Your rental period by phone, subject to other orders for that Product and pre-payment of the additional Rental Fee applicable for the extension period. If You return the Products late or not at all, a late fee of five percent (5%) of the Retail Value will be charged to You for every day past the return date, on top of the initial rental fee already charged, up to a maximum of 200% of the Retail Value.
Payment of Retail Value. We will not charge You more than the Retail Value plus the Rental Fee, in aggregate, for any charges arising under this Section 4, excluding collection costs. If You pay the full Retail Value and still possess the Product, it is Yours to keep, though on an "AS IS" basis without any warranty. The limitations of this clause do not apply to the Rental Fee, which is charged separately and in addition to any charges for the Retail Value under this Section 4.
Collections. If You do not pay amounts owed to us when due, we may initiate collection procedures. You agree to pay our costs of collection, including reasonable attorneys' fees.
Termination. We reserve the right to terminate your right to rent Products from us at any time due to Your breach of this Agreement or for any other reason at our discretion.
Email Communications. We will use the preferences and orders You provide on our Website to send You emails and other marketing materials for other Products. You may opt-out of receiving these emails by contacting us at info@partyplex.com or following the opt-out links provided in the emails.
5. Details on Our Commitment to You.
Limited Warranty. The limited warranties set forth in Section 3 apply only to You, may be acted upon only by You, and may not be assigned, sold, or transferred to any third party. No other warranties are granted beyond those set forth in Section 3. Our warranty does not apply to matters arising from a violation of Your commitments set forth in Section 4 of this Agreement.
Remedies. Your sole and exclusive remedy and Party Plex's sole and exclusive liability for a breach of our limited warranty shall be, at our discretion, the use of commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Rental Fee (excluding delivery charges).
Disclaimers. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, SERVICES RELATED THERETO, OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.
6. Limitation of Liability.
No Indirect Damages. IN NO EVENT SHALL PARTY PLEX (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PARTY PLEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Limited Direct Damages. PARTY PLEX'S (AND ITS SUPPLIERS' AND LICENSORS') AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.
Use of Results at Your Risk. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.
7. Miscellaneous.
This Agreement constitutes the entire agreement between You and Party Plex concerning the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings, and undertakings. Modifications may be made only by Party Plex. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You. The waiver of any term or condition or any breach thereof shall not affect any