TERMS & CONDITIONS

Agreement Terms and Conditions

Zaffre Fine Linens, A California Corporation, DBA Zaffre Fine Linens, (hereinafter referred to as “Zaffre”), 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:

GENERAL TERMS

  1. 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 Zaffre of any defects.
  2. FABRICS: As dye lots vary, there may be slight variations in color/shade.
  3. PRICING: Prices subject to change without notice.
  4. 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.
  5. HOLD HARMLESS AGREEMENT: CLIENT agrees to assume the risks of, and hold Zaffre harmless for, property damage and personal injuries caused by the equipment and/or arising out of Zaffre’s negligence. CLIENT shall indemnify and hold Zaffre 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.
  6. 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.
  7. 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 Zaffre’s Corporate Offices.
  8. COLLECTION COSTS: CLIENT agrees to pay all reasonable collection, attorneys and court fees and other expenses involved in the collection of the charges or enforcement of Zaffre’s rights under this contract.
  9. 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 Zaffre harmless for, any property damage or personal injuries, including damage or injuries attributable to the negligence of CLIENT and its employees.
  10. PAYMENT TERMS: Zaffre 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.
  11. REFUNDS & CREDITS: Zaffre does not offer cash refunds. Zaffre offers store credit which will expire one calendar year from issue date.
  12. DELIVERY BY COMMON CARRIER: Zaffre will not be liable for late deliveries made by common carrier. CLIENT will still be responsible for all charges associated with product and delivery.
  13. DELIVERY / PICK UP TIME: Zaffre 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.
  14. REFUSAL OF DELIVERIES: CLIENTS who refuse delivery of goods ordered are subject to the full rental rate.
  15. ACCEPTANCE OF CONTRACTS: Invoices not disputed in writing by the Client within thirty (30) days from delivery are considered to be accepted and valid.
  16. SIGNATURE: The person signing this agreement on behalf of the CLIENT warrants that he/she is duly authorized to do so.
  17. 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.

RENTAL TERMS

  1. 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 Zaffre’s written permission.
  2. 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.
  3. 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 Zaffre policy. Time is of the essence on this contract. Any extension must be mutually agreed upon in writing.
  4. 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.
  5. RETURN OF EQUIPMENT: At the termination of this agreement, CLIENT shall return Equipment to Zaffre 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 Zaffre will do a count of the equipment at Zaffre’s facility. Zaffre will notify CLIENT of missing and/or damaged linen in a timely fashion. CLIENT agrees to Zaffre’s counts.
  6. 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.
  7. SHORTAGES AND DAMAGES: In the event that CLIENT is shorted or receives damaged goods, Zaffre is liable only for the rental dollar value of the goods shorted/damaged. Zaffre is not responsible for any damages, including consequential damages, resulting from damaged goods or shortages.
  8. DAMAGE WAIVER: The Damage waiver provides protection from wax, burns, tears, holes or permanent stains from food, wine, mold, mildew or any other substance. The Damage waiver will cover damages for up to 10% of rental items. If more than 10% of the rental items (per category) are returned with irreplaceable damage, the CLIENT agrees to pay a Replacement fee of 2.5 times the rental price of each rental item. Damaged rental items are property of Zaffre. CLIENT agrees that Zaffre retains ownership of damaged linen and payment of replacement charges is not a purchase by CLIENT of the damaged linen. This Damage waiver will not protect against loss of any rental items.
  9. THEFT OF EQUIPMENT: CLIENT agrees to pay for equipment (at its replacement cost when rented) for all types of theft or mysterious disappearance.
  10. REPOSSESSION: Upon a failure to pay rent or other breach of this contract, Zaffre may terminate this contract and take possession of and remove equipment from wherever it is, and Zaffre and its agents shall not be liable for any claims for damage or trespass arising out of the removal of the equipment.