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Christmas Tree Rental Conditions
Ali & Joe’s Rent a Christmas Tree Service Terms and Conditions
The Lessor will
- Keep the tree away from heat sources
- Water the tree a minimum 3 times per week or if the soil in the pot feels dry
- Not remove, trim orcut branches
- Place the tree on a water resistant surface such as a tray or plant pot base to capture drained water
- Remove decorations before collection
- Have the tree available for collection on the specified date
A contract for rental of a Christmas tree is deemed to have occurred between Ali & Joe’s (the Lessor) and the customer (the Lessee) when a Transaction has occurred (‘Rental Agreement’) or by indication of acceptance at www.aliandjoes.com website, such as the case may be.
The rental period begins on the Lessor’s selected delivery date and ends on the selected collection date. Your payment is your acceptance of these terms and conditions.
Whereas, a Transaction has occurred when there has been an exchange of funds from Lessee to Lessor and where a receipt has been issued by Lessor (‘Transaction’).
Whereas, this Rental Agreement is entered into as of the date of the Transaction by and between the Lessor and the Lessee.
Whereas, the tree is for personal use as a decorative live tree.
Whereas, the Lessee is responsible for the care and maintenance of the tree per the Rental Agreement Instructions herein. Whereas, the tree details, dates of the rental, pricing shall form part of the Rental Agreement and any variance between the order and the delivery specifications shall be amended in writing, such as the case may be.
Whereas, the rental period begins on the selected delivery date and ends on the selected collection date specified at www.aliandjoes.com.
Where a returned tree is being collected by the Lessor’srepresentative and the Lessee has not made the tree available then Lessor at its option may deem that the contract has been broken.
Rental Agreement Instructions. The Lessee shall: 1. immediately on delivery, inspect the tree and notify the Lessor of any damage. 2. be responsible for the care and maintenance of the tree during the term of the Rental Agreement. 3. place on a tray on a sturdy floor surface– the Lessor will not be held responsible for any damage caused due to water drainage from the Christmas tree pot. 4. store the tree in a cool environment or outdoors until ready to use it. 5. storethe tree away from heat and heat sources 6. not misuse the tree - the tree shall be used for its intended use only which is as a “Decorative Christmas Tree”. 7. not cut, trim, crimp branches, shorten the leader or base, abuse, nor subject the tree to abnormal or hazardous conditions and risk. 8. take all necessary precautions during the rental use of the tree to protect the tree from damage. 9. water the tree minimum 3 times per week or unless the soil is dry and as necessary to maintain optimal health. 10. maintain the tree in an optimal environment 11. decorate the tree with care. i.e. LED lights are less likely to damage the tree 12. at the end of the rental term remove all decorations and make available on the specified collection date.
During the Rental Agreement period the Lessee shall bear any and all risk of loss and/or damage to the tree. Upon return or collection, such as the case may be, damage shall be assessed The Lessor at its sole and exclusive discretion may demand that the Lessee fully purchase the tree in lieu of damages to the tree. The purchase price of which shall be 50% of the lease fee not including delivery and collection charges.
Damage includes, but is not limited to, one or more of the following; loss or theft, failure to return by the agreed date, under or over watering, accidental or malicious damage to the tree, its roots or its container, pruning, sheering, cutting, drilling, exposure to excessive heat, including damage from lights, exposure to a heating duct, direct exposure to a heater, fire,candle wax, flock or spray on the tree
Payment - The Lessee shall pay fully in advance for the tree rental.
Indemnification - The Lessee agrees to defend, indemnify, save and hold harmless the Lessor against any claim, liability, loss, costs, damages, expenses or demands arising directly or indirectly the Lessor, its agents, servants, contractors, representatives, guests, invitees or customers. The Lessor is not responsible for any damage to the Lessees property or person resulting from the Lessee’s use of the tree.
Title and Ownership - This agreement constitutes a lease and 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 Lessor has superior title and ownership of the tree and must keep the tree free of all liens, levies and encumbrances. Surrender upon expiration under this agreement; the Lessee shall return the tree to the Lessor in the same condition as at the delivery to the Lessee, ordinary growth accepted.
Photos - The Lessee may submit photos of the tree to the Lessor. Once submitted, all photos become the property of the Lessor and may be displayed or used by the Lessor for any purpose. The Lessor will not be able to return any photos once submitted.
If any provision in this agreement is held invalid, illegal or unenforceable, the remaining provisions will in no way be affected or impaired.
If the Lessee fails to return the tree by the return date specified the Lessee is liable for the purchase price of the tree.
This agreement shall be binding upon the parties, their successors and assigns. This contract is made under the law of England and any court proceedings must be in the English courts.