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 Customer identified by his or his agent’s signature on this contract (hereinafter referred to as “CUSTOMER”), the personal property/services described, subject to all terms and conditions of contract. CUSTOMER in consideration thereof, acknowledges and agrees as follow:
INSPECTION: CUSTOMER 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.
WARRANTIES: There are no warranties of merchantability or fitness either express or implied. There is no warranty that the equipment is suited for CUSTOMERs intended use, meets CUSTOMER’s legal obligations, or that it is free from defects.
HOLD HARMLESS AGREEMENT: CUSTOMER 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. CUSTOMER 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 CUSTOMER’s possession, use, maintenance or return of equipment, including legal cost incurred in defense of such claims.
THIRD PARTY DELIVERY: If CUSTOMER verbally or in writing designates a third party to be the recipient of the goods, CUSTOMER 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: CUSTOMER 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 GBS’s employees assist in the loading or unloading the equipment, CUSTOMER 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 CUSTOMER and its employees.
UNPAID INVOICES: GBS, at its own discretion, may revert all charges to COD if monthly statements or invoices are not paid within assigned terms.
DELIVERY BY COMMON CARRIER: GBS is not liable for late deliveries made by common carriers. GBS’s only responsibility is to deliver the goods to the common carrier in a timely fashion.
DELIVERY/PICKUP TIME: GBS will make a reasonable effort to deliver/pickup within business hours, Monday through Friday. However, GBS cannot be held liable in the event that a delivery/pickup is not made on time, or if a customer is not at the designated location when a pickup or delivery is attempted.
FINANCE CHARGES: Customer agrees to pay all applicable finance charges on invoices not paid within terms (at present 1.5% per billing cycle).
REFUSAL OF DELIVERIES: Customers who refuse delivery of goods ordered are subject to the full rental rate.
ACCEPTANCE OF CONTRACTS: Contract amounts or products that are not disputed in writing by the Customer within thirty (30) days from delivery are considered to be accepted and valid.
SIGNATURE: The person signing this agreement on behalf of the CUSTOMER warrants that he/she is duly authorized to do so.
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 CUSTOMER or his employees, without GBS’s written permission.
ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT: GBS may assign its rights under this contract without CUSTOMER’s consent, but CUSTOMER will remain bound by all obligations herein. CUSTOMER may assign use of goods to sublessee (commonly called “A Third Party Rental”), but CUSTOMER is still bound by all obligations and terms herein.
TIME OF RETURN: CUSTOMER’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, CUSTOMER shall return all of the Equipment to GBS in the same physical condition as when delivered to CUSTOMER. This excludes normal wear and tear arising from its normal, intended use. If GBS has agreed to deliver the Equipment to CUSTOMER or to pick up the Equipment from CUSTOMER, CUSTOMER shall be responsible for all losses or damage to the equipment from time of delivery to CUSTOMER and until picked up by GBS.
DAMAGED OR LOST EQUIPMENT: CUSTOMER agrees to pay for any damage resulting in misuse of equipment or loss of goods, regardless of cause, while the equipment is out of the possession of GBS. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged or lost equipment. Equipment damaged beyond repair will be paid for at its Replacement cost when rented.
SHORTAGES AND DAMAGES: In the event that CUSTOMER 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: CUSTOMER 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.
CUSTOMER WON’T COUNT/WON’T SIGN AGREEMENT: If a CUSTOMER refuses to account for rental goods at the time of their return and/or refuses to sign GBS count of same, CUSTOMER is liable for any and all missing or damaged items on the contract. Such damages are to be determined by GBS at GBS’s premises.
MAXIMUM LIABILITY LIMITS: In the event that laundry goods are lost or damaged, GBS liability is limited to a fair market value amount not to exceed 7 (seven) times the processing cost of the lost/damaged item.
VERIFICATION OF QUANTITIES RECEIVED: Due to time constraints, GBS will not verify the completeness and accuracy of the customer laundry at the CUSTOMER’s premises. CUSTOMER agrees that GBS will verify the completeness and accuracy of the information at GBS premises, and GBS will inform customers of any discrepancies upon processing. CUSTOMER further agrees that GBS counts are final, and cannot hold GBS responsible for discrepancies.
REFUSAL OF SERVICE: GBS reserves the right to refuse to process items at it’s discretion without legal recourse from the customer.
GOODS RECEIVED DAMAGED: GBS is not liable for goods which are received damaged or defective.
SINGLE SERVICE: GBS is contracting with the customer for a single processing of an item. If spots or stains cannot be removed in a single processing, GBS will inform the customer. If the customer requests a second processing, the CUSTOMER 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 customer prior to making such attempts.
LIABILITY FOR ITEMS RETURNED: It is the responsibility of CUSTOMER to verify that all laundered items have been returned and in satisfactory condition at the time of delivery.
CONDITION OF GOODS: CUSTOMER 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.