Terms & Conditions
Lessee (also referred to as “Customer”) agrees to lease from Fashion Furniture Rental (Fashion) the items listed under the attached
agreement, and will keep the leased property at the delivery address. This rental agreement is entered between Customer and Fashion. This is a lease of personal property, and not a conditional sales contract, or installment sales contract. In consideration of the mutual terms and conditions contained in this rental agreement, which are expressly incorporated, Fashion and Customer agree
CONTINUING AGREEMENT: This Customer Agreement – Master Terms and Conditions is a continuing agreement pursuant to all deliveries made by Fashion. The customer agrees, with respect to each individual delivery made pursuant to this agreement, that acceptance of such delivery constitutes acceptance of the same terms of the Customer agreement – Master Terms and Conditions.
LEASE TERM: Lessee agrees to rent from Fashion, in accordance with the terms and conditions of this Lease Agreement, the Leased Property for a minimum period of months commencing on the date of delivery (“Lease Term”). If the Leased Property is not returned at the end of the Lease Term stated on the attached lease contract, the lease shall be extended from month to month on the same terms and conditions stated in this Agreement.
PERMISSION TO CHARGE CREDIT CARD: I hereby authorized Fashion to charge my credit card indicated on credit application for this order and future charges arising out of or related to this Lease Agreement of the leased property. This authority is irrevocable.
CREDIT CHECK: Lessee authorizes Fashion to make whatever credit, employment, income and/or investigate inquiries it deems necessary in connection with Lessee’s application or in the course of review or collection of any charges due. Lessee further authorizes Fashion Furniture Rental, Inc. to report the payment of this account to Credit Bureaus and other interested parties.
TRANSPORTATION AND DISTRIBUTION FEES: This fee assumes the truck will be able to park within 100 feet of the destination or elevator to the destination. For situations which require a greater haul or require more than one flight of stairs for delivery, an additional handling fee of $100 per 100 feet or flight of stairs after the first 100 feet or flight of stairs may be charged to the Customer. Additional standard fees for subsequent transportation needs are as follows unless addendum agreement is attached:
• Delivery and Full Pick Up: The standard transportation fee of $225.00 will be assessed with the initial charges. This fee includes services for standard transportation. Additional fees may be required as stated in this agreement.
• PICK UP: Complete or “full” pick up of the leased property requires a standard notice of 5 business days. A fee of $150.00 (US Dollars) will be assessed for any pick up with less than a 5 business day notice, and is subject to truck availability.
• Partial Delivery: Adding or exchanging leased property to your lease after the initial delivery will incur a transportation fee of $225.
• Partial Pick Ups: Partial pickups or exchanges of the leased property on your lease, due to Customer preference that occur before your complete or “full” pick up, will incur a transportation fee of $225.00.
• Moves: Moving the leased property from one location to another requires a custom quote. Contact your Corporate Account representative. If lessee moves Leased Property, Lessee is responsible for obtaining consent from Fashion and is responsible for any damages and must report the new physical address to Fashion Furniture’s office immediately.
• Rescheduling/Abort: Any scheduled service rescheduled after 12:00 p.m. on the day preceding the date the service is to be rendered, will be assessed a rescheduling fee of $250. If the scheduled service is on a Monday, then the Customer must contact Fashion by 12:00 p.m. the preceding Friday to avoid this charge.
• Cancellation/Abort: Cancellation or abort of a scheduled service after 12:00 p.m. on the day preceding the date the service is to be rendered, will be assessed a rescheduling fee of $250 or the amount equal to the first month’s rent, whichever is greater. If the scheduled service is on a Monday, then the Customer must contact Fashion by 12:00 p.m. the preceding Friday to avoid this charge.
• Specific Time Requests: All specific time requests must be arranged with your Fashion Representative by 12:00 p.m. the day prior to the scheduled service. Request for a specific time window will incur an additional transportation fee of $225.00. This fee is in addition to transportation fees as stated above. Specific time windows are subject to availability and will still involve a time “window of three (3) hours and not an exact time of arrival.
• Saturday Service: All services scheduled on a Saturday will based on route availability and could incur additional transportation fees.
• Inventory Availability: Fashion reserves the right to substitute the leased property for similar property if the item is out of stock.
TIME SLOT FOR YOUR DELIVERY: There will be an email send between 4pm-7pm the evening prior to your delivery with the 3 hour
window of arrival for your delivery.
MISSING/DAMAGED LEASED PROPERTY: Fashion assumes the risk of damage to its leased property arising from normal wear and tear, not to include, accidental customer damage resulting in chips, scratches, and food and beverage stains. The customer is responsible for return of the furniture free of pet stains and hair, bed bugs, damage from smoke, or careless destruction such as, but not limited to, cigarette burns, stickers, and surface carvings. These damages, as well as, furniture that is missing, stolen or
destroyed by fire, flood, or other, will result in the customer reimbursing Fashion the retail cost of the furniture. All leased property has been thoroughly sanitized and is free of insects. Should, at any time, the furniture become infested with insects, while in the Customer’s possession, and/or due to the Customer or Customer’s domicile, the Customer is responsible for all costs arising for furniture sanitization and/or replacement.
CUSTOMER PROTECTION PROGRAM: Customer has the option to pay Fashion a Customer Protection Program fee (CPP) unless the customer is waiving this service. With acceptance of CPP fee, Fashion assumes the risk of damage to its leased property arising from earthquake, fire, damage by heating and air conditioning, wind and water damage, and accidental Customer damage resulting in chips, scratches, and food and beverage stains. The CPP is 12% per month of the monthly rent. This plan, at no time
covers the following damages: cigarette burns, pet damage, bed bugs, stickers, and any surface carvings, etc. It also does not cover theft or loss of possession. By waiving or declining CPP, customer accepts responsibility for the value of the furniture if it is lost, damaged or destroyed.
CPP WAIVER: I, , choose to waive the Customer Protection Plan offered by Fashion Furniture. I understand that I am fully responsible for the full value of the furniture if it is lost, damaged or destroyed. Replacement cost
is agreed to be the fair market value as determined by Fashion for the furniture.
TERMS OF PAYMENT: All new deliveries will require a prepay of 1-month rental collected prior to delivery. Continuing rental billings for the rental of the leased property are due and payable within 5 Days from the invoice date. All Rental Agreements will be billed monthly on their anniversary date for the next 30 days.
ADDITIONAL ORDERS: Customer authorizes Fashion to accept additional orders, requested by their employees, if sent via email and include an agreed upon order form or the contract agreement.
LATE CHARGE AND CHARGE FOR RETURNED CHECK: For any payment received more than (5) five days after the due date; Fashion can charge 10% of the monthly installment, or a $25.00 late charge, whichever is greater. The charge for a returned check is $35.00. Acceptance of any late payments shall not constitute a waiver of this assessment.
COSTS OF COLLECTION AND ENFORCEMENT: Unless there is an agreement to otherwise extend credit, interest at the rate of 1-1/2% per month shall be assessed on any outstanding, unpaid balance from the date of default. Customer shall pay Fashion all costs and expenses, including reasonable attorney’s fees and court costs, the fees of collection agencies, and other expenses such as, but not limited to, telephone and facsimile charges, incurred by Fashion in enforcing any of the terms, conditions, or provisions
hereof. In addition, after return of Leased Property to Fashion, Customer shall pay Fashion a monthly finance charge of 1-1/2% on the
VENUE: It is hereby agreed that this contract is entered into when approved by an authorized agent of Fashion at its corporate headquarters in San Diego, California. To the extent permitted by law, this agreement shall be “special contract in writing” stipulation that venue for any action arising out of this agreement shall be brought only within the Central Division of the San Diego Superior Court.
DEFAULT: Fashion may terminate this Rental Agreement prior to the end of the rental term if the Customer fails to make payments when due, fails to perform any of its obligations under the lease agreement, Customer becomes insolvent or bankrupt or is found to have made any misrepresentation or false statement to Fashion in connection with this lease agreement. Customer acknowledges that Fashion has certain fixed costs, which are incurred by Fashion whether or not the Customer used the furniture for the full lease term. If Customer returns the furniture, or any item of furniture, to Fashion prior to the expiration date of the lease, it
is expressly agreed that the Customer shall pay Fashion for Liquidated Damages equal to the full contract amount on lease terms of 3 months or less, or 75% of the remaining rent installments due from the date of return on lease terms of greater than 3 months. In the event that there is a default in the rental payments, said default shall entitle Fashion with or without notice, to the immediate return of all leased property. If said leased property is not returned within five (5) business days after demand, Fashion shall be entitled to immediate and unconditional return of the leased property. Customer and customer’s agents hereby authorize Fashion
the right to entry into the property to which the leased property was delivered or known to be stored, and the right to reasonable self-help or other means to obtain possession of the leased property. Customer agrees to indemnify and hold harmless Fashion and its agents and employees, as well as any property owner, manager, or other person who assists Fashion in retrieving its leased property.
MISCELLANEOUS PROVISIONS: The Rental Agreement contains the complete and final agreement between the undersigned. It may be amended only by a written agreement signed by both parties. Wherever possible, each provision of this Rental Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Rental Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Rental Agreement. The headings of the paragraphs and subparagraphs of this Rental Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of its provisions. Customer shall not assign this Rental Agreement or any part, encumber, or sublease. Loan, pledge or grant of a security interest in any leased property to any third person by Customer shall be void and of no force or effect. The leased property shall at all times remain the personal property of Fashion and shall not become part of the realty on which the leased property is located. This Rental Agreement shall be binding upon and is for the benefit of the parties, their heirs, executors, administrators, legal representatives, successors and
assigns, subject to the provisions prohibiting assignment.
ENTIRE AGREEMENT: The Customer Rental Agreement and Master Terms and Conditions sets forth the entire understanding between the parties. Any amendments or changes hereto other than those related to substitution, deletion or addition of items of leased property shall be effective only if in writing and signed by both parties. Amendments deleting or adding items
of leased property and changing Customer’s payment obligations accordingly shall be effective if included in written addendum prepared by Fashion and furnished to Customer unless Customer objects in writing within five (5) days of receipt of the addendum.
SIGNATURES: By signing below, Customer certifies that they have read and accepted the Customer Rental Agreement and
Terms and Conditions.