1. General

The Living Room Events, LLC ("Party Rental" or "Living Room Events") and renting and/or purchasing party ("Customer") identified in the applicable Living Room Events rental quotation, order, acknowledgement, invoice, or any other contract or agreement between The Living Room Events LLC and Customer (individually and collectively referred to herein as "Contract"), agree to be bound by these Terms and Conditions of Rental and Sale ("Terms") for the materials, goods, and/or products (collectively, the "Goods") rented or sold to Customer pursuant to such Contract. Customer hereby agrees that it will be bound by these Terms and be responsible for orders placed on its behalf by an event coordinator, planner, representative, or agent of Customer, for which such Customer is identified on the Contract, as if such Customer placed such order directly with Living Room Events, LLC.

2. Acceptance/Sole Terms

 The provisions set forth herein together with the provisions of the Contract constitute all of the terms and conditions for Customer and with Living Room Events, LLC with regard to the Goods. Living Room Events, LLC acceptance and shipment of Customer’s order is expressly made conditional on Customer’s assent to these Terms. Any and all terms, conditions, or provisions specified in any quotation or otherwise (whether oral, typed, written, or printed) that in any way change, modify, amplify, differ from, or add to these Terms or Living Room Events, LLC Contract, are null and void and of no effect, even if (i) Living Room Events, LLC does not expressly object to such terms, conditions, or provisions, or (ii) such terms, conditions, or provisions are specified subsequent to such other documents. Customer hereby agrees that no terms additional to or deviating from these Terms shall become part of the Contract unless and until written acceptance of such additional or deviating terms, signed by an authorized officer of Living Room Events, LLC, has been issued to Customer. Customer’s acceptance of any Goods supplied by, or on behalf of, Living Room Events, LLC shall, without limitation, also constitute acceptance of these Terms. 

3. Price and Payment

20% non-refundable deposit is required to book your rental item(s). This will be applied to your balance. Balance is due 3 days before the date of the event. Prices stated are subject to change and Customer agrees that additional payments will be owed and payable to Living Room Events, LLC in the event of (i) alterations in specifications, quantities, designs, or delivery/pick-up schedules or required labor for delivery to specified location(s), (ii) untimely returned or unreturned rented Goods, or rented Goods returned, but in altered or damaged form, and/or (iii) legislation enacted by any level of government, including tax legislation, which increases the cost of producing, warehousing, purchasing, selling, or renting the Goods rented or purchased hereunder. Customer hereby agrees that Living Room Events, LLC may charge any credit or debit card or account provided by Customer for any such change in price resulting in a balance owed by Customer to Living Room Events, LLC. No discount will be allowed unless specifically set forth on the face of the Contract. Written quotations will automatically expire thirty (30) days after their issuance unless terminated by Living Room Events, LLC upon notice to Customer. Living Room Events, LLC reserves the right to increase the prices of its rental and sales offerings. The timing and amount of any price increase for any rental or sale Goods will be in the sole and exclusive discretion of Living Room Events, LLC. To the extent that a price increase may effect an unexpired written quotation provided by Living Room Events, LLC to Customer, Living Room Events, LLC may in its sole and exclusive discretion honor such quotation or terminate such quotation by notice to Customer, with or without providing a new quotation to Customer. 

4. Acceptance of Goods and Transportation

 The Living Room Events, LLC is offering delivery and pick-up service. Customer shall inspect the Goods at the time of delivery/pick-up.  Unless Customer provides Living Room Events, LLC with notice of any claim, shortages of, or defects in the Goods, including without limitation any claim relating to quantity, weight, condition, loss, or damage thereto, at the time of delivery/pick-up, such Goods shall be deemed finally inspected, checked, and accepted by Customer. Customer is responsible for obtaining all permits, licenses, authorizations, and approvals from appropriate parties, companies, and/or government for the lawful and safe use and occupation of the location(s) to which the Goods will be delivered and from which the Goods will be retrieved. 

5. Title and Risk Loss

 Title to any Goods rented to Customer shall remain with Living Room Events, LLC. Title to any Goods sold and risk of loss of such Goods passes to Customer upon delivery. 

6. Warranty

Living Room Events, LLC provides goods "as is" without any warranty, express or implied, including no warranty for merchantability or fitness for a particular purpose. 

7. Limitation of Liability

Living Room Events, LLC's liability (whether under the theories of breach of contract or warranty, negligence, strict liability, or otherwise) for the goods shall be limited to repairing or replacing such goods found by Living Room Events, LLC. To be defective with new or reconditioned goods at Living Room Events, LLC’s discretion, or at its option, to refunding, in partial or full, the rental or purchase price of such goods. The parties hereto expressly agree that customer’s sole and exclusive remedy against Living Room Events, LLC shall be for the repair or replacement of the defective goods or, with Living Room Events, LLC's consent, the refund of the purchase price. Customer hereby agrees that this exclusive remedy shall not be deemed to have failed of its essential purpose so long as Living Room Events, LLC is willing and able to repair or replace the defective goods in the prescribed manner or refund the price, in partial or full, for goods covered by the contract. 

8. Disclaimer of Consequential and Incidental Damages

In no case will Living Room Events, LLC be liable for the cost of procurement of substitute goods, damage to other property, loss of business or profits, loss of production, loss of use, or any other similar or dissimilar consequential, incidental, indirect, punitive, exemplary, or special damages even if Living Room Events, LLC has been advised of the possibility of such damages, which customer or any other person, corporation, company, or other entity may suffer or claim to suffer or incur or claim to incur as a result of any defect in the goods. Consequential damages for purposes hereof shall include, without limitation, loss of use, income or profit, or losses sustained as the result of injury (including death) to any person or loss of or damage to property (including, without limitation, property handled or processed by the use of the goods). Customer shall defend, indemnify, and hold Living Room Events, LLC harmless against all liability, cost, and expense which may be sustained by Living Room Events, LLC on account of any such loss, damage, or injury. 

9. No Insurance

Unless otherwise expressly set forth in the Contract, Living Room Events, LLC is neither providing, nor offering to provide, directly or indirectly, any first or third-party insurance coverage in connection with the rental or sale of the Goods to Customer. 

10. Taxes

Any sales, use, or similar taxes, tariffs, fees, or other levies, taxes, duties, governmental charges, or surcharges now or hereafter imposed under any present or future law in connection with the sale, delivery, use, or rental of the Goods, including without limitation any equipment, accessories, and attachments (including replacements thereof or spare or replacement parts thereof), any installation, repair, maintenance, and instructional services, shall be payable by Customer, and if such taxes or fees are paid or are required to be paid by Living Room Events, LLC, the amount thereof shall be added to and become part of the price payable by Customer hereunder. 

11. Packaging

Prices stated are based on Living Room Events, LLC’s standard packaging. Living Room Events, LLC reserves the right of packaging the Goods in pallets, bulk, or individual cartons. Packaging will be standard commercial package and acceptable to commercial carriers. Special Customer packaging will be furnished only when specified, and the cost thereof shall be borne by Customer.  Any sales, use, or similar taxes, tariffs, fees, or other levies, taxes, duties, governmental charges, or surcharges now or hereafter imposed under any present or future law in connection with the sale, delivery, use, or rental of the Goods, including without limitation any equipment, accessories, and attachments (including replacements thereof or spare or replacement parts thereof), any installation, repair, maintenance, and instructional services, shall be payable by Customer, and if such taxes or fees are paid or are required to be paid by Living Room Events, LLC, the amount thereof shall be added to and become part of the price payable by Customer hereunder. 

12. Delays

Unless expressly specified to the contrary, Goods in stock will be available for pick-up by the date of delivery. However, all pick-up dates are based upon current availability of materials, present production schedules, and prompt receipt of all necessary information. Living Room Events, LLC will be not be liable for any damage, loss, fault, or expenses arising out of delays in shipment or other nonperformance of these Terms caused by or imposed by (a) strikes, fires, disasters, riots, terrorist acts, or acts of God, (b) acts of Customer, (c) shortages of labor, fuel, power, materials, supplies, transportation, or manufacturing facilities, (d) governmental action, (e) subcontractor or supplier delay including, but not limited to, failure by subcontractor or supplier to make timely delivery, or (f) any other cause or condition beyond Living Room Events, LLC’s reasonable control. In the event of any such delay or nonperformance, Living Room Events, LLC may, at its option and without liability, cancel all or any portion of the contract. Living Room Events, LLC will use commercially reasonable efforts to minimize reasonably anticipated delays, but may decline to deliver and/or install Goods if such acts above occur and potentially create unsafe or unsecure delivery or retrieval conditions. 

13. Termination, Cancellation, and Modification

Except as otherwise provided herein or in the Contract, orders cannot be terminated, cancelled, or modified, or shipment deferred after acceptance of Customer’s order by Living Room Events, LLC, except with Living Room Events, LLC’s written consent and subject to reasonable charges for expenses incurred and work executed by Living Room Events, LLC. Customer may cancel an order up to three (3) days prior to the delivery/pick-up by 5:00 p.m. EST and no fee will be charged to Customer as long as Customer makes such cancellation in writing and the cancellation is acknowledged by Living Room Events, LLC. Customer may cancel an order up to one (1) day prior to delivery by 5:00 p.m. EST as long as Customer makes such cancellation in writing and the cancellation is acknowledged by Living Room Events, LLC, but Customer shall be responsible for 100 percent (100%) of the total Contract amount and that one-hundred percent (100%) will be immediately due to Living Room Events, LLC and charged to Customer. Customer will be one-hundred percent (100%) responsible for the Contract amount for any cancellation after 5:00 p.m. EST the day prior to the delivery date and that one-hundred percent (100%) will be immediately due to Living Room Events, LLC and charged to Customer. 

14. Damage, Destruction, Loss

Customer acknowledges that in the event any rented Goods (including without limitation the equipment, chinaware, glassware, silverware, and other Living Room Events, LLC property described in the Contract) sustain any damage or destruction or are lost or stolen while under rent to Customer, Customer agrees to pay Living Room Events, LLC the costs for repair or replacement thereof pursuant to Section 3 herein. Customer further agrees to accept full responsibility and liability, and Customer shall defend, indemnify and hold Living Room Events, LLC harmless for any injury to any other person(s), for any damage to the property of any other person(s), and any other loss that may result through the use or misuse of the Goods. Living Room Events, LLC is not responsible for any damage or liability incurred by handling Customer’s or any other person’s personal property. 

15. Restocking Fee

Any product deletions or reductions requested the day before delivery will be charged a restocking fee of 50% of the rental cost of items. 

16. Return of Rented Goods

Customer shall return all rented Goods to Living Room Events, LLC at the time, date, and place designated in the Contract. Customer shall return all rented Goods in the same condition and manner as Customer received them, including without limitation placed in the same packaging, folded and racked in the same manner, and/or cleaned, rinsed, and wiped down as received. Customer shall be responsible for the safe and secure storage of all rented Goods awaiting retrieval. Customer agrees and acknowledges that if Customer fails to return all rented Goods to Living Room Events, LLC at the time, date, and place designated in the Contract or if Customer fails to make all rented Goods available for pickup at such time, date, and place, then Customer is subject to additional service charges pursuant to Section 3 herein, including without limitation Living Room Events, LLC’s consequential and incidental damages regarding any such attempt by Living Room Events, LLC to retrieve the rented Goods, and the procurement, retail, shipping, handling, fulfillment, and/or replacement of such rented Goods. 

17. No Return of Rented Goods

Customer shall not be entitled to return or obtain a refund from Living Room Events, LLC for any purchased Goods (including without limitation paper napkins, paper plates, and paper cups, unused or otherwise, described in the Contract). 

18. Indemnification

Customer shall hold harmless, defend, save, and indemnify Living Room Events, LLC and its agents, employees, officers, directors, and its respective heirs, assigns, successors, and executors from and against any and all liability, claims, demands, whether groundless, false, or fraudulent, costs (including expert and attorney’s fees), damages, losses, judgments, or awards, brought by a third party or parties arising out of or in any way connected with any act or omission of Customer. The duty to defend as provided herein is separate and distinct from the duty to indemnify, and shall arise immediately upon the tender of any third party claim or demand, and shall continue until it is conclusively proven that there is no possibility for indemnity. 

19. Intellectual Property

Any trademarks, branding, drawings, designs, and all other intellectual property of Living Room Events, LLC embodied in, displayed on, or otherwise provided in connection with, the Goods or the Contract ("Intellectual Property"), shall remain the sole property of Living Room Events, LLC. Without Living Room Events, LLC’s express prior written permission, Customer will not (a) remove, alter, or deface any trademark or branding including with or displayed on the Goods, and (b) reproduce, use, or communicate to third parties of any such intellectual property. 

20. No Waiver

 Forbearance or failure of Living Room Events, LLC to enforce any of the terms and conditions stated herein, or to exercise any right accruing from default of Customer, shall not affect or impair Living Room Events, LLC’s rights arising from such defaults; nor shall forbearance or failure be deemed a waiver of Living Room Events, LLC’s rights in case of any subsequent default of Customer. 

21. Severability

If any provision of these Terms is unenforceable or invalid, these Terms shall be interpreted and enforced to the greatest extent possible as if the unenforceable provision or portion had never been a part hereof. 

22. Governing Law; Venue; Resale

The Contract and these Terms shall be construed in accordance with and governed by the laws of the State of New Jersey, without regard to its conflicts-of-laws rules or principles. All actions or proceedings arising directly or indirectly here from or related hereto shall be litigated only in the courts of Camden County in the State of New Jersey. The parties hereby consent to the jurisdiction and venue of such courts. 

23. Entire Contract

Customer and Living Room Events, LLC hereby agree that these Terms along with the Contract shall constitute the entire agreement between Customer and Living Room Events, LLC and no prior or contemporaneous oral or written statement, correspondence, sample, or other terms, quotations, or understandings shall modify, alter, or in any way affect the terms thereof. 

24. Dye Lot and Color Variance

There may be some variance in color or pattern between batches and dye lots of a product or fabric. Please note that we cannot offer refunds and/or exchanges for any variance-related issues due to the variables that occur during the manufacturing and processing of our products. 

25. Substitutions

Should a requested product become unavailable at any time, we reserve the right to substitute alternative products to an order. We will make every effort to provide a substitution comparable in quality or functionality to the requested product. 

26. Rental Item Wear

 Due to the nature of our business, our items are frequently rented and cleaned. While we strive to give you the best quality products every time, please note that there may be signs of “ordinary wear and tear” and that we cannot guarantee new or like-new quality. 

27. Assignment

 These Terms shall be binding upon and shall inure to the benefit of the successors and assigns of Customer and Living Room Events, LLC provided, however, that Customer may not assign or transfer the Contract or these Terms, in whole or in part, except upon the prior written consent of Living Room Events, LLC.