This document serves as a contract between PARTY HEADPHONES LLC (“PH”) and the client identified on the Quote executed in connection herewith (“CLIENT”) relating to the rental or sales of equipment identified in such Quote. Please take your time to review this document and the Quote and let us know if you have any questions. We welcome your thoughts, ideas, or any other feedback you might have to help us help you create a truly unique and unforgettable experience.

1. Rental/Sales

This agreement is entered into in connection with one or more Quotes that have been or will be provided to the CLIENT by PH, regarding the rental or sales of certain equipment described therein, and on such additional terms and conditions set forth thereon. CLIENT agrees to make the payments described on the Quote on the terms and conditions set forth thereon, as supplemented by this agreement. All references to this “agreement” shall include all Quotes accepted by CLIENT in connection herewith.

2. Shipping

2.1 Shipment Guarantee

PH guarantees that it will ship all merchandise on or before the date specified in the Quote, using the shipping method specified in the Quote. However, PH will not be responsible for delays caused by the shipping services (including delays associated with holidays, shipping carrier service alerts such as wildfires, hurricanes, substantial snowstorms, pandemics, or similar circumstances). If PH fails to make a shipment in accordance with the Quote and the equipment does not arrive in time for the CLIENT’s event, then PH will make a full refund for the customer including shipping costs. This refund will be issued once equipment is returned and processed. Alternatively, a CLIENT may choose to reschedule their event date which, if equipment is available, would be changed at no additional cost. If CLIENT is concerned about potential shipping delays, then CLIENT is encouraged to request earlier shipping. Alternative ship dates and/or shipping methods agreed to in writing by PH and CLIENT will be honored in accordance with all other terms and conditions within this agreement.

2.2 Ship Dates

CLIENT is responsible to be available to receive deliveries based on tracking numbers sent to them prior to orders being shipped. CLIENT acknowledges that PH may elect to send equipment with signature required or without signature required. If a CLIENT is not present to receive a signature-required delivery, and as a result does not have their equipment in time for their event, PH cannot be held responsible. If a shipment is sent without signature required, CLIENT understands that the package/s will be left at the delivery address unattended. Unattended packages are susceptible to theft and inclement weather, any damages or theft after equipment has been delivered will be the full responsibility of the CLIENT. CLIENT shall check shipped orders' tracking numbers on a daily basis for both shipments arriving to and being returned from CLIENT. CLIENT may receive updated tracking numbers after the equipment has shipped.

2.3 Rush Orders

Rush Orders are orders paid for or those that have a signed P.O. approved by PH 72 hours or less from the listed ship date. Expressed Rush Orders are those that are Rush Orders shipped with faster-than-normal shipping methods. Rush Orders, and Expressed Rush Orders cannot be guaranteed by PH given there is not adequate time to resolve and re-ship in the case of fortuitous events. Similarly, Rush Orders which have components that are damaged during shipment, incorrect components delivered, or non-working components delivered, cannot be guaranteed to be refunded. This is due to a lack of time available between delivery and the event date to remedy any such issues.

2.4 Non-Continental United States Shipping

Shipping to locations outside of the continental United States may incur additional shipping fees after receiving initial quotes or making payments. This depends on multiple factors including but not limited to shipper surcharges, address verifications, customs fees, duties, taxes, and other unknown charges. CLIENT shall be responsible for payment of all such additional charges upon demand by PH, and CLIENT authorizes PH to charge any credit or debit card on file for such charges.

3. Liability

3.1 Liability Policy

By authorizing this agreement, you relieve PH of any and all responsibility for any property damage, personal injury, or death, which occurs from your use of the equipment or during the event, and agree to indemnify, defend, and hold PH harmless for any costs or damages which arise therefrom, except as caused by the gross negligence of PH or a material defect in the equipment provided by PH. PH shall not be responsible for any consequential, special, exemplary or punitive damages, and will not be liable for refunds offered to event attendees, other incurred costs, or any associated cost with improperly operating or missing equipment. Notwithstanding anything else contained herein to the contrary, CLIENT’s sole remedy against PH for any claims that arise out of this agreement and the use of the equipment shall be limited to the return of any amounts paid to PH hereunder by CLIENT.

3.2 Incurred Costs Due to Improperly Working Equipment

In the case of equipment improperly operating and/or equipment not exact to order specifications upon delivery to the CLIENT, PH will make any actions within reason to resolve these issues. Through acts of God, mistreatment in shipment, orders being prepared improperly, or equipment being set up improperly, equipment may not function as intended. CLIENT is required to test all equipment immediately on the day the equipment is delivered and report any incorrect or improperly working equipment. Failure to disclose any equipment issues on the day of delivery by contacting PH at our main [email protected] email account, our main listed phone number/s, or any emergency contact numbers listed with your order, shall constitute a waiver of such issues and may result in an inability to offer credit, refunds, or possible remedies to situations. Email disclosure must describe a problem, and be time stamped on the day of delivery -or- a phone call conversation must take place on the day of delivery. PH will in some cases offer future credit for such situations, but cannot offer credit or a refund exceeding the cost of the rental itself. PH offers no guarantees of refund or future credit, and each situation is treated on a case by case basis. Missing or damaged transmitters reducing the operation of headphones down to one channel does not necessitate a partial or full refund by PH or qualify as non-functioning equipment.

4. Payment Provisions

Please accept your Quote, sign the Invoice (electronically), and pay in full to reserve your order. If you are unable to make a full payment at this time in order to reserve your equipment, please contact us at 833-727-8947 to discuss alternative payment arrangements. Payments by Purchase Orders and/or similar payment arrangements made for which the CLIENT agrees to pay PH after services are rendered are due thirty (30) days after the event date. Any amount not paid by CLIENT within seven (7) days of the due date shall be assessed a late payment charge of 5 percent (5%) of the overdue payment, per month, compounding until payment is made in full.

Please accept your Quote and pay in full to reserve your order. If you are unable to make a full payment at this time in order to reserve your equipment, please contact us at 833-727-8947 to discuss alternative payment arrangements. We do provide the option to put a 50% non-refundable deposit down to confirm equipment. Payment in full is due no less than 72 hours prior to the listed ship date. If the second half of the payment is not received by this time, PH reserves the right to cancel the order, apply appropriate rush order and express shipping charges as needed, and/or make the equipment available to another customer. In cases of alternative payment arrangements, all arrangements must be detailed in writing.

Should arrangements be made for the CLIENT to pay PH for services after rental, the CLIENT agrees to pay these fees in a timely manner as specified by PH in the written agreement. In all possible payment arrangements the CLIENT will provide credit card information and authorization prior to the rental term. The card on file may be used to compensate PH for any damages, missing items, breach of this agreement, or any other amounts due to PH as specified hereunder or in a Quote.

For events booked less than three (3) business days before the scheduled SHIP date, a Rush Order Fee of $40 per bin shall be applied. Equipment shipped in non-standard packaging and event services booked less than three (3) business days before the scheduled SHIP date or, in the case of non-shipped services, less than five (5) business days before the scheduled event date shall incur a Rush Order Fee of up to 15% of the total invoice. Rush Order Fees are subject to change and may increase due to holidays or other high-demand times of the year.

All custom or specialty orders (as designated on any Quote) are ineligible for refunds or returns once purchases are made.

PH accepts credit cards. All other payment methods must be approved by and at the discretion of PH in advance. Use of credits must be approved in advance by PH. Proper identification is required. CLIENT accepts responsibility for a late payment fee of $35 (minimum) or 20% of the invoice total (whichever is greater). Late payment fees accrue monthly for all unpaid invoices past their due date. Any discounts and/or promotional pricing will be subject to removal if the invoice is not paid in full by the due date. CLIENT agrees to pay all attorney’s fees and collection fees should an outside agency or firm need to be contacted to collect payment.

5. Rental Equipment Return

5.1 Client Responsibilities Post-Event

For rentals, PH provides CLIENT with a packing list, return shipping label/s, and high-strength color-specific zip ties. CLIENT is responsible for safely repacking all equipment into the bins provided, placing the return shipping label/s completely covering or completely replacing the original shipping label/s, securing bin/s closed with the provided high-strength color-specific zip ties, sending the equipment back the next business day after the event date, and acquiring confirmation that the package has been sent out for return with the proper shipping provider.

If the CLIENT fails to fulfill any of these requirements, the CLIENT will be fully liable for any missing or damaged equipment, shipping delays, shipping charges, late return fees, and any other costs the CLIENT and PH incur in association with the failure. PH may charge the card on file to cover these costs. If the order is not returned on the return day specified on the Quote, additional charges will apply at a rate of 75% of the total rental cost per day. If the CLIENT would like to dispute a late return fee, CLIENT must provide timestamped proof that the appropriate shipping provider received the full order.

5.2 Equipment Loss/Damage Policy

Lost, stolen, or damaged equipment is the full responsibility of the CLIENT. PH may charge the CLIENT up to 125% of the full retail value for lost, stolen, or damaged equipment, or any equipment not returned within 14 days of the return date specified on the Quote. Current retail prices for most equipment can be found at https://www.partyheadphones.com/buy-silent-disco-headphones/ but are subject to change. Damages and corresponding fees will be assessed by PH and may be charged to the credit card on file with PH. CLIENT will be provided 48-hours notice before any associated charges are applied to the card on file.

5.3 Bonus Equipment

As a part of each rental kit, an additional amount of free bonus headphones will be included to provide additional support in case of battery drainage or accidental damage. The availability of bonus headphones cannot be guaranteed and depends on inventory. These bonus headphones are not to be used towards the total number of headphones requested. In the event of loss, theft, or damage, the client will be responsible for paying up to 125% of the full retail value, as assessed by PH. The current retail prices can be found at https://www.partyheadphones.com/buy-silent-disco-headphones/ but are subject to change. Any damages and associated fees will be assessed by PH and may be charged to the credit card on file with PH after providing the client with a 48-hour notice. These same terms also apply to other bonus equipment that may be sent in orders, including but not limited to transmitters, keypads, audio cords, and adapters.

6. Manufacturer Defects

All equipment sales exhibiting any manufacturer defects may be returned within 7 days of receiving the shipment. Purchases returned without a Return Merchandise Authorization will be ineligible for a refund and will require an additional shipping/processing fee to receive back into your possession. All items will be inspected and thoroughly tested upon return. Items which do not display signs of a manufacturer defect, or items appearing used to any degree, or damaged due to any fault of the customer or during return, shall not be liable for a refund, and will incur additional shipping/handling charges to receive back into your possession.

7. Return in Condition Delivered

CLIENT is responsible for returning the equipment in the same condition (or better) than they received it. Equipment returned with moisture, stickers, sticker residue, paint, marker, glitter, sequins, pen, pencil, dirt, sand, makeup, glue, general residue, other soot, or mixed in with trash may incur additional cleaning fees at a rate of $70 per hour. Charges are a minimum of one hour and are charged in full hour increments. PH acknowledges that general “wear and tear” may occur, and the CLIENT will not be charged for reasonable amounts of general “wear and tear.”

8. Damage in Transit

The CLIENT will not be held liable for damage caused to the equipment in transit to the CLIENT. Damage to equipment due to transit to the CLIENT must be properly disclosed in writing according to the “Incurred costs due to improperly working equipment” section.

9. Event Cancellation Policy

A processing fee of $50 or 20% of the total invoice, whichever is greater, will be charged for cancellations made 60 calendar days or more before the scheduled ship date.
A processing fee of $75 or 40% of the total invoice, whichever is greater, will be charged for cancellations made 30-59 calendar days before the scheduled ship date.
A processing fee of $150 or 50% of the total invoice, whichever is greater, will be charged for cancellations made 11-29 calendar days before the scheduled ship date.
A processing fee of $250 or 60% of the total invoice, whichever is greater, will be charged for cancellations made 7-10 calendar days before the scheduled ship date.
There will be no refunds for cancellations made within 6 calendar days before the scheduled ship date. CLIENT will be responsible for paying the full amount on the invoice. Re-scheduling of event dates may be permitted; requests to reschedule must be submitted by the CLIENT at least 14 calendar days before the scheduled ship date. Approval for re-scheduled events is at the discretion of PH based on equipment availability, rate changes, and other unforeseen factors. Additional charges may apply. Events may not be rescheduled more than once. Rescheduled events are not eligible for any refunds. In the case of fortuitous events such as severe floods, heavy rains or typhoons, earthquakes, and other calamities, the rescheduling of the event date will be considered by PH. If considered, events may be moved up to 2 weeks from the original date, provided the equipment is available and has not yet been shipped to the CLIENT.

Notice of cancellation must be made in writing via e-mail to [email protected]. A cancellation acknowledgment will be sent within 1-2 business days and applicable refunds in accordance with the policy outlined above will be processed within 10 business days. Any and all non-equipment services are non-refundable after booking. Once equipment has shipped, CLIENT is responsible for full payment and any other associated charges in accordance with this agreement.

10. Valid Reasons for Refund Requests

PH will honor requests for refunds submitted via email to [email protected] in a timely manner for the following reasons:

• Non-delivery of the equipment except for fortuitous events covered by insurance in accordance with the SHIPPING section of this agreement.
• Irreparable defects or grave difficulties of the equipment: although all the products are thoroughly tested before release, unexpected errors may occur.

11. Miscellaneous

This agreement and all transactions contemplated hereby shall be governed by and construed in accordance with the laws of the State of Arizona without regard to its conflicts of laws or principles. If any action is brought to enforce, interpret or recover damages for breach of the provisions of this agreement, then jurisdiction and venue for said action shall be in the Superior Court, County of Pima, Arizona. The prevailing party in any action shall be entitled to recover all reasonable costs and fees incurred in connection with the enforcement hereof, including but not limited to reasonable attorneys fees.

This agreement and any related Quotes represent the entire understanding and agreement between the Parties as to the subject matter hereof and supersede all prior written or oral consents, agreements, understandings, or other communications between the parties related thereto. No amendment to or modification of the terms of this agreement shall be binding unless agreed to in writing signed by the parties to this agreement. Any waiver of a default, term, or condition of this agreement shall not be deemed a continuing waiver of or preclude the subsequent enforcement of such default, term, or condition.

This agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. The execution and delivery of this agreement or any of the documents referenced as schedules and attachments hereto and of signature pages by electronic means, including facsimile transmission or .PDF delivered via email, will constitute effective execution and delivery thereof as to the parties and may be used in lieu of the original document for all purposes.

The invalidity or unenforceability of any particular provision of this Agreement shall not affect the validity or enforceability of any of the other provisions hereof.

12. Purchases

All equipment sales exhibiting any manufacturer defects may be returned within 7 days of receiving the shipment. Purchases returned without a Return Merchandise Authorization will be ineligible for a refund and will require an additional shipping/processing fee to receive back into your possession. All items will be inspected and thoroughly tested upon return. Items which do not display signs of a manufacturer defect, or items appearing used to any degree, or damaged due to any fault of the customer or during return, shall not be liable for a refund, and will incur additional shipping/handling charges to receive back into your possession.

13. Contact Us

Please note that our Support Team is ready to provide you with timely and efficient professional assistance. We will attempt to find the best convenient solution for your query. Give us 12-24 hours for our Support Team to get back to you on the problem. You may request assistance by sending an email to [email protected] or following the emergency contact protocol that came with your order.

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Document name: Party Headphones Sales and Rental Agreement

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Timestamp	Audit
September 9, 2024 12:23 pm MST	Party Headphones Sales and Rental Agreement Uploaded by Brandon Romero - [email protected] IP 108.174.99.7
October 7, 2024 8:16 pm MST	Document owner [email protected] has handed over this document to [email protected] 2024-10-07 20:16:57 - 108.174.99.7

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