Terms and conditions

For the purpose of this Rental Agreement:

  • Kiosque Plumeria Floral rents to the Client (the “Client”) indicated on the attached invoice (the “Invoice”) and the Client rents from Kiosque Plumeria Floral, the personal property (the “Equipment”) described on the attached invoice (the “Invoice”), subject to all terms and conditions contained herein, which form part of the agreement between Kiosque Plumeria Floral and the Client (the “Agreement”).
  • Client(s) shall mean Clients, guests/visitors of client, and their agents, contractors and/or employees.
  • The rental of the Equipment shall be effective from the commencement date indicated on the Invoice and, unless terminated earlier as provided for in this Agreement, shall end on the Return Date indicated on the Invoice (the “Term”). Notwithstanding the return of the Equipment and the end of the Term, the provisions in this Agreement shall survive the return of the Equipment.  This Agreement cannot be cancelled or terminated except as expressly provided herein.
  • Agreement shall mean the itemized list of items contained in the electronic estimate or invoice emailed or faxed to the Client, who by virtue of having signed the estimate or invoice, and/or paid an advance deposit or in full, expresses his or her Agreement with the contents of the Estimate or Invoice.

For good and valuable consideration, the receipt and sufficiency of which is acknowledged, Kiosque Plumeria Floral and the Client agree as follows:

Security Deposit.  Client shall provide a valid credit card details to keep on file and authorization for an amount equivalent to 50% of the total cost specified in the Agreement. Credit Card details are held until all the rental items have been returned in its original condition to the Company.

Insurance. Unless otherwise expressly set forth in the Agreement, Kiosque Plumeria Floral is neither providing, nor offering to provide, directly or indirectly, any first or third-party insurance coverage in connection with the rental of the Equipment to Client.

Indemnity/Hold harmless. Client will take all necessary precautions regarding the items rented and protect all persons and property from injury or damage.

Client agrees to hold Kiosque Plumeria Floral harmless from and against any and all liability, claims, judgments, attorneys’ fees and costs of every kind and nature, including, but not limited to, injuries or death to persons and damage of property, arising out of the use, maintenance– installation, operation, possession, ownership, or rental of the items rented, despite cause.

Assumption of risk/Release discharge of liability. Client is fully aware of and acknowledges that there is a risk of injury, death, or damage arising out of the use or operation of the items contained in the Agreement and hereby elects to voluntarily enter into this Agreement and assume all the aforementioned risks.

Client agrees to release and discharge Kiosque Plumeria Floral from any and all responsibility or liability from such injury, death, or damage arising out of the use or operation of the rental items. Client further agrees to waive, release, and discharge any and all claims for injury, death, or damage against Kiosque Plumeria Floral, which Client otherwise may be entitled to assert.

Possession/Title. Kiosque Plumeria Floral agrees to reserve all items listed in the Agreement on behalf of the Client only after the following have been received from the Client.

  • A non-refundable deposit equal to 50% of the total cost specified in the Agreement (or a lesser amount determined at the sole discretion of Kiosque Plumeria Floral)
  • A signed & dated copy of these Terms and Conditions
  • A signed & dated Agreement.

The remaining balance of the Agreement must be paid 7 days prior to delivery, unless otherwise specified by Kiosque Plumeria Floral. If this obligation is not met, Kiosque Plumeria Floral reserves the right to either cancel the order without refunding the initial 50% deposit.

Client’s right to possession of the rental items:

  • Is for block of 2 hours.
  • Begins when the Client accepts and signs for the delivery of the rental items upon delivery.
  • In the absence of the renter, the equipment may be signed for by an individual designated by the renter. This individual is automatically given the legal right by the renter to accept liability for the equipment on the renter’s behalf.
  • The Agreement terminates once Kiosque Plumeria Floral has regained possession of the rental equipment.
  • Any extension of the Agreement must be agreed upon by Kiosque Plumeria Floral in writing.
  • Client authorizes Kiosque Plumeria Floral to retake possession of the rental items without notice or legal process at any time, despite whether the equipment is on private property.

Client acknowledges that ownership and title to the Equipment shall remain vested in Kiosque Plumeria Floral. The Client shall have no right, title or interest in the Equipment other than, conditional upon the Client's compliance with the fulfilment of the terms and conditions of this Agreement, the right to maintain possession and use of the Equipment for the Term.  Such right to possession and use shall be exercised only by the Client and/or competent employees of the Client. Kiosque Plumeria Floral may require markings to be affixed to or placed on the Equipment indicating Kiosque Plumeria Floral is the owner.  Kiosque Plumeria Floral and the Client confirm their intent that the Equipment shall always remain and be deemed personal or movable property, and the Client shall not attach or affix the Equipment to any realty.  The Client shall be responsible for any damage done to any real estate, immovable property, building or structure by removal of the Equipment (whether removal be affected by the Client, Kiosque Plumeria Floral or any third party) and shall indemnify and save harmless Kiosque Plumeria Floral from any and all claims, actions, suits, proceedings, costs, expenses, damage and liabilities whatsoever arising out of, connected with or resulting from the removal of the Equipment.

Legal fees. Client will pay all attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract. Any lawsuits that may occur between Kiosque Plumeria Floral and their Clients must be filed in the province and/or country in which the rental takes place.

Miscellaneous. The Agreement may be executed or delivered by fax, or other electronic means such as email. The Agreement is valid whether properly signed by the Client or not, so long as the Client takes possession of the rental items. It is also valid if signed by another party signing on behalf of the Client, in which case the signing party will sign their own name, and then print C/O (Care Of) “Ordering Party.”

  • Whenever the context of this Agreement so requires, the singular number shall include the plural and vice versa and that words importing the masculine gender shall include the feminine and neuter genders and that, in case more than one person is named as the Client, the liability of such persons shall be joint and several.
  • This Agreement shall be binding on and ensure to the benefit of the parties and their respective heirs, executors, successors and permitted assigns.
  • This Agreement shall be governed by and construed in accordance with the laws of the province and/or country in which the rental takes place.
  • The Client acknowledges having received a true copy of this Agreement.
  • No variation or modification of this Agreement shall in any way be valid unless signed by authorized signatories of Kiosque Plumeria Floral and by the Client.

Unsafe conditions. Kiosque Plumeria Floral reserves the right to refuse to install or deliver rental equipment due to unsafe conditions or weather. If this occurs, Client will be liable for a minimum of 50% of the total cost specified in the Agreement. In the absence of unsafe weather or other conditions, Kiosque Plumeria Floral will use all appropriate means and methods to secure the rental equipment for the safety of the Client and the equipment.

Cancellations. All Clients will provide a 50% NONREFUNDABLE DEPOSIT in order for Kiosque Plumeria Floral to reserve their order.

  • For outdoor events only: In the event of inclement weather, the Client shall have the right to reschedule their rental if they contact Kiosque Plumeria Floral prior to 48 hours before the delivery time. Once within 48 hours of the event, no changes can be made.
  • Clients who cancel their orders at any time after a deposit is provided WILL LOSE THEIR DEPOSIT regardless of their circumstances or reasons for cancellation.
  • Adjustments to orders can be made until 7 days prior to delivery. However, any such adjustments shall not reduce the total price of the invoice below the amount of the NON-REFUNDABLE 50% DEPOSIT.

Delivery charges.

  • Minimum delivery charges are based on 1-4 hour delivery windows.
  • Clients must be present for their entire delivery window. Kiosque Plumeria Floral will grant a 15-minutes waiting period, after which the Client will be charged for waiting time up to $120.00 per hour billed in 5-minutes increments.
  • Orders will be delivered only if the cost of the items rented, excluding delivery fees and labor, is at least $300.
  • Kiosque Plumeria Floral offers setup/breakdown services of equipment with NO additional charges.

Kiosque Plumeria Floral may assess additional charges at a rate of up to $120 per hour when delivery conditions cause Kiosque Plumeria Floral to incur additional labor costs, including, but not limited to:

  • deliveries impeded by stairs, elevators, steep or uneven surfaces, standing water, mud, or soft surfaces like sand loose gravel;
  • deliveries that involve waiting times of more than 15 minutes;
  • Client requires a precise (to within 15 minutes) delivery or pickup time;
  • last-minute or rush deliveries or pickups; and/or
  • Inaccurate delivery locations or directions supplied by the Client.
  • The cart and items can be set up and arranged to the Client’s predetermined specification for a charge. If setup is requested, then Kiosque Plumeria Floral will perform one (1) setup. After the initial setup is completed, then Kiosque Plumeria Floral may opt to apply the aforementioned excessive labor charges, or they may opt to leave the premises without performing additional labor.
  • If the renter is not available, then Kiosque Plumeria Floral may opt to setup in a manner deemed appropriate by our staff. In such instances, no refunds will be given, and the Client accepts liability for any losses and damages that may happen to equipment left unsupervised for any reason.

Equipment usage and return. Client shall at its own expense maintain the Equipment in a state of good repair, condition and working order.  The Client shall not without the prior written consent of Kiosque Plumeria Floral make any alterations, additions or improvements to the Equipment. All such alterations, additions or improvements so made shall belong to and remain the property of Kiosque Plumeria Floral.  No maintenance shall be performed on any of the Equipment by other than a maintenance supplier approved in writing by Kiosque Plumeria Floral. The Client shall not incur any expense for the repair of the Equipment without Kiosque Plumeria Floral’s express consent, and in any event, Kiosque Plumeria Floral shall not be responsible for any costs incurred by the Client in the use, operation, maintenance, or repair of the Equipment, without Kiosque Plumeria Floral’s express prior consent.

Client is responsible for any loss or damage to rental items regardless of cause or fault, and Kiosque Plumeria Floral has 72 hours after retaking possession of rented merchandise to assess its condition and determine whether damage occurred while it was in the possession of the renter.

In such instances, the Client agrees to pay Kiosque Plumeria Floral for:

  • All labor costs associated with repair and/or attempted repair of damaged equipment
  • Replacement equipment (if necessary)
  • Replacement of equipment directly related to the normal quality and functionality of the damaged equipment
  • All shipping or delivery fees associated with the replacement or repair of damaged equipment.

Repair. DUE TO CLIENT NEGLIGENCE. Broken items must be returned in their broken state, or they will be considered stolen. Replacement of lost or damaged items is chargeable.

Measuring event area.

  • Kiosque Plumeria Floral provides free on-site estimates whenever possible.
  • Planning and measuring are ultimately the responsibility of the Client. If poor planning leads to improperly measured areas for placement of cart, tables, etc. resulting in our inability to complete a job, then no refunds will be given, and full payment will be made to Kiosque Plumeria Floral by the Client.
  • Kiosque Plumeria Floral will not be held liable for any planning not performed by our staff.

Discounts. Kiosque Plumeria Floral may offer discounts at its sole discretion. Any violation by the Client of Kiosque Plumeria Floral’s rental contract or Terms and Conditions, including violation of payment terms, will make such discounts null and void.

Local rules and regulations. Any and all rules and regulations governing an event site must be provided in writing to Kiosque Plumeria Floral prior to the delivery of rental equipment. All fines incurred as a result of non-disclosure of such regulations are the responsibility of the Client.