This rental agreement, from here on referred to as “Agreement,” is entered into as of the date of the transaction by and between Rent A Living Christmas Tree LLC, a California limited liability company, (the Lessor), and the Customer (the Lessee). The agreement shall include and be subject to the following terms and conditions:
Specifications of the tree being leased, pricing, and dates detailed on the order form shall be part of this agreement. The Lessee acknowledges and accepts that the actual tree may differ slightly in shape, size and color from the photograph of a similar tree on the website. In case the actual size of the tree differs substantially from the order, the Lessor, at Lessor’s discretion, may adjust the lease charge accordingly.
Delivery date and time: Every reasonable effort will be made by the Lessor to deliver the tree at the agreed upon date and time. However, the Lessor shall not be liable for any loss, cost or expense suffered by Lessee by reason of any delay in delivery. The Lessee shall be deemed to have taken “delivery” of the tree from the time the tree is set aside from Lessor’s general inventory for Lessee’s use. Under this Agreement the tree will not be considered “returned” by the Lessee, until the Lessor shall have picked-up the tree.
Delivery: As a condition of delivery of the tree by Lessor free access shall be available to Lessor’s agent’s vehicles to the address of delivery. If delivery of the tree is deemed not possible, a decision made by the Lessor, or the Lessor’s agent, then the Lessor reserves the right to cancel the order without penalty. Under this agreement it is understood that the delivery is to be made to the customer’s driveway where the tree shall be unloaded. Lessee does not hold Lessor, or its agents, responsible for any damage to this driveway as a result of delivery. If Lessee asks Lessor’s agent to assist with placement of the tree in any location other than the driveway, it is understood that such assistance is provided as a courtesy. Lessee will not hold Lessor responsible for any damage sustained by Lessee, by Lessee’s property and or the tree, resulting from moving the tree from the driveway to any alternate location.
Refunds: If Lessee is dissatisfied with the tree, it may be returned for a refund of the rental cost of tree. To be eligible for a refund, Lessee must request to return the tree via email reply to the original order or delivery confirmation within 72 hours of delivery of the tree. Delivery and pickup costs are not refundable for any reason once the tree has left the nursery.
Use of the Tree: The Lessee shall only use the tree in accordance with the Lessor’s recommended use. The tree shall neither be abused or misused, nor be used or stored in any manner, or at any location which will subject it to abnormal or hazardous conditions or risk. The Lessee shall take all necessary precautions to protect the tree from damage during the use of the tree. The Lessee is responsible for the care of the tree during the term of the Agreement. No horticultural services are included in the Agreement. The Lessee shall inspect the tree immediately on delivery. Notification to the Lessor of any damage to the tree has to be reported at this time by the Lessee.
Unless such damage is caused by Lessor’s agent it is the Lessee who shall bear any and all risk of loss and or damage to the tree from the time the tree is delivered until it is returned to the Lessor.
If the tree is damaged, the Lessee shall be liable for the replacement price of the tree which are detailed below:
Such damage includes loss of the tree due to one or more of the following reasons:
- under or over watering,
- accidental or malicious damage to the tree, its roots or its container,
- excessive heat, such as damage from lights, exposure to fireplaces, heaters, or heating ducts,
- use of flock, spray or tinsel,
- fire, theft, or disappearance.
Indemnification: Lessee agrees to defend, indemnify and hold the Lessor, and Lessor’s agents and representatives, harmless against any claim, liability, loss, costs, damages, expenses or demands resulting directly, or indirectly, out of or in connection with the use of the tree rented from the Lessor by the Lessee. The Lessor is not responsible for any damage to Lessees property or person, its agents, servants, contractors, representatives, guests, invitees or customers or their property, resulting from the Lessees use of the tree.
Payment: Lessor accepts credit cards as a form of payment. The Lessor may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs when you place your order. The Lessor will not be held responsible for typographical, pricing, or other errors in any offer by the Lessor, and reserves the right to cancel any orders resulting from such errors. Processing and credit card transaction fees may be deducted from any refunds at the sole discretion of Lessor.
Security deposit: The Lessor may require the Lessee to maintain a security deposit in the amount equal to the purchase price of the tree. Said security deposit shall be final. Lessee, and/or charge card holder, waive all rights to dispute charges with credit/charge company and agree to resolve disputes as if the charges were made as cash payments. In the event that the credit/charge company fails to honor Lessors charges for any reason, or if the credit charge or credit available shall be insufficient to cover the claims of the Lessor under this agreement, then the Lessee shall remain absolutely liable for the full amount of claims. Release of any security deposits will only occur after inspection of the tree by the Lessor for damage or loss.
Title and ownership: This Agreement constitutes a lease not a sale of a tree. No part of the rental payments made under this Agreement shall be deemed payment towards the purchase of the tree. The Lessee specifically acknowledges the Lessors superior title and ownership of the tree and must keep the tree free of all liens, levies and encumbrances.