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Customer Terms of Use

This Equipment Rental Agreement (“Agreement”) is made and entered between Andy’s BBQ Cruiser, LLC (“Company”) and the person renting the equipment (“Customer”).

A $50 deposit is required on all rental orders.  Deposit will be promptly refunded upon return of the equipment in an undamaged, good working order.  The $50 deposit will be placed on the same charge as the customer’s rental order.

A $25 flat rate delivery/pickup fee will automatically be assessed on all rental orders.  The $25 flat rate fee is only valid for orders within 25 miles of Vienna, VA.  We will deliver tailgate rental orders outside the 25 mile limit on a case-by-case basis. Those deliveries will be subject to an additional delivery charge. Please call or email us for more information (571) 306-2170 or sales@tailgatecruiser.com.

1.          Equipment Rental.  Customer hereby agrees to lease from Company the equipment identified on Exhibit 1 (the “Equipment”), and as consideration therefore, Customer agrees to pay the rental fees in the amounts set forth on Exhibit 1.  Customer and Company agree that this Agreement shall apply to all Equipment leased by Customer from Company.

2.          Title to Equipment.  Title to the Equipment shall remain at all times with Company.  No title or right to the Equipment shall pass to the Customer, except the rights herein expressly granted.

3.          Maintenance and Alterations.  Customer agrees that at the time Customer takes possession of the Equipment, the Equipment is in good working order.  Customer shall keep the Equipment in good condition and working order and shall only use the Equipment for its intended purpose.  The Company shall be responsible for all regular maintenance of the Equipment.  If the Equipment malfunctions, Customer will promptly notify the Company, and the Company will use its best efforts to promptly and adequately repair or replace the equipment.  The Customer shall not change or alter the Equipment, and any such change or alteration will void all maintenance obligations of the Company.

4.          Term and Termination of Agreement.  This Agreement shall continue in full force and effect until (a) the Equipment is returned by Customer to the Company, or (b) the Company retrieves the Equipment from the Customer’s area of use of the Equipment at an agreed-upon time.  Unless otherwise agreed in advance, the Company may retrieve the Equipment at any time after the start of the event for which Equipment has been rented (the “Event”).  If the Event is a sporting event, the Company may retrieve the Equipment at any time after the beginning of play unless otherwise agreed and noted on Exhibit 1.  If the Event is a concert or performance, the Company may retrieve the Equipment at any time after the beginning of the performance unless otherwise agreed and noted on Exhibit 1.  NO REFUND WILL BE PROVIDED AFTER THE CUSTOMER HAS TAKEN POSSESSION OF THE EQUIPMENT, EVEN IF THE EVENT IS CANCELED DUE TO WEATHER OR FOR ANY OTHER REASON. 

5.          Geographic Restrictions.  Customer’s rights of possession of the Equipment only permit the use of the Equipment in the immediate vicinity of the parking area associated with the Event. 

6.          Responsible Use.  Customer agrees that Customer has familiarity and knowledge regarding the Equipment and can and shall operate the Equipment in a safe manner and only in the manner for which it was intended by the manufacturer.  Customer may not permit the equipment to be used by another party without the express written consent of the Company.  Customer agrees that the Customer has had an opportunity to request and receive training in the use of the Equipment, including the grill. Customer further agrees not to leave the grill or any other Equipment in a dangerous condition, nor to operate the grill in a state of inebriation. 

7.          Liability.  During the term of this Agreement, the Customer shall be solely responsible for any loss or damage to the Equipment.  The Customer shall also be solely liable for all claims, including but not limited to claims for personal injury, death, or damage to property arising, directly or indirectly, out of the use of the Equipment.  The Customer hereby assumes and shall bear the entire risk of loss for theft, damage, destruction or other injury to the Equipment from any and every cause whatsoever.  Customer shall indemnify the Company and hold it harmless for claims for any of the foregoing, including associated legal fees and expenses.  No such loss or damage shall impair any obligation of the Customer under this Agreement, which shall continue in full force and effect.  IN THE EVENT OF DAMAGE TO OR LOSS OF THE EQUIPMENT (OR ANY COMPONENT THEREOF), THE CUSTOMER SHALL PAY THE COST OF REPAIR OR REPLACEMENT OF THE EQUIPMENT.

8.          Payment: Required Credit Card Information.  A valid MasterCard or VISA (account information provided below) is required for the rental and other charges contemplated by this Agreement, including payment for the Equipment in the event of loss or damage as provided in this Agreement).  Customer hereby authorizes the Company to charge the credit card provided to pay for the charges covered by this Agreement.  Customer hereby certifies that the information provided is true and correct as of the date given.  Customer agrees to promptly update the information in the event it changes before Company makes the appropriate charges under this Agreement.

9.          Default.  If the Customer defaults in any performance of this Agreement, then (i) this Agreement may be terminated by the Company, (ii) the Company shall have the right to remove the Equipment, without notice, and (iii) the Company shall be entitled to pursue any other remedies available to it at law and in equity.

10.        Assignment.  Neither the Customer nor the Company may assign or transfer any rights, duties, or obligations herein without the prior written consent of the other, and any purported attempt to do so shall be null and void.

11.        No Waiver.  Waiver of breach or failure to strictly enforce the terms of this Agreements hall not preclude a party from asserting a subsequent or continuing breach or from otherwise requiring strict compliance with the terms of this Agreement.

12.        Warranties.  THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SUITABILITY, DURABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR INTENDED USE.  IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY FAILURE OF THE EQUIPMENT OR ANY PERFORMANCE BY COMPANY.

13.        Entire Agreement.  This Agreement, including the terms and conditions referenced below, constitutes the entire Agreement between the parties on the subject matter contained herein.  This Agreement supersedes all prior oral or written agreements between the parties.  This Agreement may be amended only as mutually agreed upon in writing.