GBS Linens, Inc., A California Corporation, DBA GBS Linens (hereinafter referred to as “GBS”), hereby rents and/or sells and/or launders to/for the Client identified by his or his agent’s signature on this contract (hereinafter referred to as “CLIENT”), the personal property/services described, subject to all terms and conditions of contract. CLIENT in consideration thereof, acknowledges and agrees as follow:
INSPECTION: CLIENT acknowledges that he has inspected the equipment, finds it suitable for his needs and in good condition, that he understands its proper use and agrees to inspect the items prior to use and notify GBS of any defects.
FABRICS: As dye lots vary, there may be slight variations in color/shade.
PRICING: Prices subject to change without notice.
WARRANTIES: There are no warranties of merchantability or fitness either express or implied. There is no warranty that the equipment is suited for CLIENTs intended use, meets CLIENT’s legal obligations, or that it is free from defects.
HOLD HARMLESS AGREEMENT: CLIENT agrees to assume the risks of, and hold GBS harmless for, property damage and personal injuries caused by the equipment and/or arising out of GBS’s negligence. CLIENT shall indemnify and hold GBS harmless from any claims of third parties for loss, injury and damage to their persons and property arising out of CLIENT’s possession, use, maintenance or return of equipment, including legal cost incurred in defense of such claims.
THIRD PARTY DELIVERY: If CLIENT verbally or in writing designates a third party to be the recipient of the goods, CLIENT is fully responsible for all terms, conditions, charges, and obligations as specified in this contract.
JURISDICTION OF DISPUTES: In the event that any disputes arise out this agreement, Lessee agrees that the dispute will be settled in the jurisdiction of the County and State of GBS’s Corporate Offices.
COLLECTION COSTS: CLIENT agrees to pay all reasonable collection, attorney’s and court fees and other expenses involved in the collection of the charges or enforcement of GBS’s rights under this contract.
LOADING AND UNLOADING GOODS: If CLIENT’s employees assist in the loading or unloading the equipment, CLIENT agrees to assume the risk of, and hold GBS harmless for, any property damage or personal injuries, including damage or injuries attributable to the negligence of CLIENT and its employees.
PAYMENT TERMS: GBS will determine CLIENT payment terms. CLIENT agrees to pay within payment terms and further agrees to pay all applicable finance charges on invoices not paid within terms. Finance charges will be 1.5% per billing cycle.
REFUNDS & CREDITS: GBS does not offer cash refunds. GBS offers store credit which will expire one calendar year from issue date.
DELIVERY BY COMMON CARRIER: GBS will not be liable for late deliveries made by common carrier. CLIENT will still be responsible for all charges associated with product and delivery.
DELIVERY / PICK UP TIME: GBS will make a reasonable effort to deliver/pick up during business hours. If CLIENT is not available during business hours to accept the delivery/pick up, CLIENT will be responsible for all associated linens costs and re-delivery/pick up costs.
REFUSAL OF DELIVERIES: CLIENTS who refuse delivery of goods ordered are subject to the full rental rate.
ACCEPTANCE OF CONTRACTS: Invoices not disputed in writing by the Client within thirty (30) days from delivery are considered to be accepted and valid.
SIGNATURE: The person signing this agreement on behalf of the CLIENT warrants that he/she is duly authorized to do so.
FORCE MAJEURE: Neither party will be responsible for failure or delay due to causes beyond its control in performing under this Agreement, except for the obligation of a party to make payments hereunder. These causes will include, but not be restricted to, fire, storm, flood, earthquake, explosion, accident, acts of any public enemy, war, rebellion, insurrection, sabotage, terrorism, epidemic, pandemic, quarantine restrictions, transportation embargoes, or failures or delay in transportation, fuel or energy shortages, power interruptions or failures, acts of God, acts, rules, regulations, orders or directives of any government or political subdivision, agency or instrumentally thereof, or the order of any court, regulatory, or arbitral body of competent jurisdiction.
PROHIBITED USES: Use of equipment in the following circumstances is prohibited, and constitutes a breach of contract: (a) Use for illegal purpose or in illegal manner, (b) Improper, unintended use or misuse (c) Use by anyone other than CLIENT or his employees, without GBS’s written permission.
ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT: GBS may assign its rights under this contract without CLIENT’s consent, but CLIENT will remain bound by all obligations herein. CLIENT may assign use of goods to sublessee (commonly called “A Third Party Rental”), but CLIENT is still bound by all obligations and terms herein.
TIME OF RETURN: CLIENT’s right to possession terminates on expiration of rental period. Items returned after this period are subject to additional rental charges as per GBS policy. Time is of the essence on this contract. Any extension must be mutually agreed upon in writing.
SINGLE USE: For all rental contracts, the product(s) are being rented for a single use only. If product(s) are used more than once, they are subject to additional rental and/or replacement costs.
RETURN OF EQUIPMENT: At the termination of this agreement, CLIENT shall return Equipment to GBS in the same physical condition as when delivered to CLIENT. This excludes normal wear and tear arising from its intended use. CLIENT shall be responsible for all losses and/or damage to the equipment during rental period. CLIENT agrees that GBS will do a count of the equipment at GBS’s facility. GBS will notify CLIENT of missing and/or damaged linen in a timely fashion. CLIENT agrees to GBS’s counts.
DAMAGED OR LOST EQUIPMENT: A Damage waiver fee will be added to all rental invoices to cover inadvertent damage during normal course of use. CLIENT agrees to pay full replacement cost for any damage due to misuse of equipment OR any loss of goods. Accrued rental charges cannot be applied against replacement cost.
SHORTAGES AND DAMAGES: In the event that CLIENT is shorted or receives damaged goods, GBS is liable only for the rental dollar value of the goods shorted/damaged. GBS is not responsible for any damages, including consequential damages, resulting from damaged goods or shortages.
THEFT OF EQUIPMENT: CLIENT agrees to pay for equipment (at its replacement cost when rented) for all types of theft or mysterious disappearance.
REPOSSESSION: Upon a failure to pay rent or other breach of this contract, GBS may terminate this contract and take possession of and remove equipment from wherever it is, and GBS and its agents shall not be liable for any claims for damage or trespass arising out of the removal of the equipment.
SERVICE: Client understands that GBS offers a commercial laundry service and DOES NOT offer dry cleaning services. CLIENT agrees that all goods sent to GBS are rated for laundering in a commercial laundering process.
LAUNDRY SERVICE AGREEMENT: CLIENT will be required to review and accept the Laundry Service Agreement prior to commencing laundry service.
MAXIMUM LIABILITY LIMITS: In the event that laundry goods are lost or damaged while in GBS’s possession, liability will be limited to the fair market value of the goods based on the condition of the linens. In addition, CLIENT agrees that the original purchase receipt must be presented for any type of reimbursement from GBS.
VERIFICATION OF QUANTITIES RECEIVED: Due to time constraints, GBS will not do a physical count of the laundry to be cleaned at the CLIENT’s premises. CLIENT agrees to fill out a Laundry Work Order form that GBS will verify for accuracy on GBS premises. At time of billing, GBS will inform CLIENT of any discrepancies. CLIENT agrees that GBS counts are final.
REFUSAL OF SERVICE: GBS reserves the right to refuse to process items at it’s discretion without legal recourse from the CLIENT.
GOODS RECEIVED DAMAGED: GBS is not liable for goods which are received damaged or defective.
LIFE OF LINEN: CLIENT agrees that all fabrics have a finite life and after each turn will get closer to the end of that life. Further, CLIENT understands that based on the quality of fabric and level of stain, some linens will last longer than others.
SINGLE SERVICE: GBS is contracting with the CLIENT for a single processing of an item. If spots or stains cannot be removed in a single processing, GBS will inform the CLIENT. If the CLIENT requests a second processing, the CLIENT will be charged for the second processing.
HOLD HARMLESS: GBS will be held harmless in its attempt to remove severe stains which may alter the color and/or condition of the material. GBS will inform CLIENT prior to making such attempts.
LIABILITY FOR ITEMS RETURNED: It is the responsibility of CLIENT to verify that all laundered items have been returned and in satisfactory condition at the time of delivery.
STORAGE FEE: A 10% storage fee will be added to laundry invoices that are unpaid and left at GBS’s facility beyond ten (10) days. Upon thirty (30) days of laundry unpaid and/or left at GBS’s facility will be removed and charges will remain on CLIENT’S account.
ALL SALES ARE FINAL: As all sales are manufactured to order, all sales are final.
CONDITION OF GOODS: CLIENT recognizes that due to the limitations of raw materials, some items manufactured by GBS may have a main body with attached “wings” or “side panels”. Similarly, there may be minor variations in color due to variances between lots delivered by our suppliers.
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