This Agreement for the Sale and Rental of Goods (“Agreement”) is entered into on
_________________ (the Effective Date”), by and between Smart Soiree, a Florida limited liability company, with its principal place of business at 491 Outlook Dr., Ponte Vedra, FL 32081 (the "Seller"), and _______________________, an individual (the "Buyer/Renter"). In consideration of the mutual promises and conditions expressed herein, and other good and valuable consideration, Seller and Buyer/Renter agree as follows:
1. Description and Quantity of Goods. Seller shall transfer and deliver to Buyer/Renter, and Buyer/Renter shall accept and pay for the goods listed in the shopping cart on https://smart- soiree.myshopify.com/ (the “Goods”). The Goods shall include goods being purchased and goods being rented.
2. Delivery; Risk of Loss. Buyer/Renter shall pickup from the Seller within a reasonable time after the Effective Date of this Agreement at 491 Outlook Dr., Ponte Vedra, FL 32081. Seller shall not be held liable to Buyer/Renter or any other party for any failure or delay in the delivery of any Goods. The Goods will be suitable packaged for pickup in Manufacturer’s standard containers.
3. Price; Payment. Buyer/Renter shall pay Seller the total amount listed in the shopping cart for the Goods at the time of ordering. Payment for the Goods shall be made in any manner acceptable to Shopify.
4. Return Time. Buyer/Renter shall return the rented Goods to Seller by the time and date listed in the shopping cart. If the rented Goods are turned in late, the Seller may, at their discretion, charge the Buyer/Renter a late fee equal to 50% of the rental fee originally charged per late day.
5. Use of Goods. Unless the Buyer/Renter obtains the prior written consent of the Seller, the Buyer/Renter will not alter, modify or attach anything to the rented Goods unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the rented Goods. Should Buyer/Renter damage the rented Goods in any manner, the Buyer/Renter shall be responsible for the full replacement value of the rented Goods. Buyer/Renter shall only use the Goods for the purpose for which they
were designed and not for any other purpose.
6. Disclaimer of Express and Implied Warranties. Seller warrants that the Goods are as described in this Agreement, but no other express warranty is made with respect to the Goods. If any model or sample was shown Buyer/Renter, that model or sample was used merely to illustrate the general type and quality of the Goods and not to represent that the Goods would necessarily conform to the model or sample.
THE GOODS SOLD OR RENTED UNDER THIS AGREEMENT ARE PURCHASED BY THE BUYER/RENTER "AS IS" AND “WITH ALL FAULTS” AND SELLER DOES NOT PROVIDE ANY WARRANTY FOR THE GOODS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES THAT THE GOODS ARE OF MERCHANTABLE QUALITY OR THAT THE GOODS CAN BE USED FOR ANY PARTICULAR PURPOSE.
7. Limitation of Liability. IN NO EVENT SHALL SELLER BE LIABLE UNDER THIS AGREEMENT TO THE BUYER/RENTER FOR ANY INCIDENTAL,
CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR
PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, SHUTDOWN OR SLOWDOWN COSTS, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION, OR OTHER ECONOMIC LOSS, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. THE LIABILITY OF SELLER, AND BUYER/RENTER’S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER UNDER THIS AGREEMENT, REGARDLESS OF LEGAL THEORY, SHALL NOT BE GREATER THAN THE ACTUAL PURCHASE PRICE OF THOSE GOODS WITH RESPECT TO WHICH SUCH CLAIM IS MADE.
8. Governing Law; Venue. Except as otherwise provided for herein, this Agreement and all rights and obligations of the parties, shall be governed by the Uniform Commercial Code as enacted and in force in the State of Florida. The parties hereby agree that any action arising out of this Agreement will be brought solely in any state or federal court located in Florida, St. Johns County.
9. Entire Agreement; Modification; Waiver. This Agreement is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic or otherwise. No change or modification to this Agreement shall be valid unless in writing and signed by an authorized representative of the parties. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce
such provision or any other provision of this Agreement thereafter.
In witness of the mutual promises made above, Buyer/Renter and Seller have executed this agreement on the date set forth below
SELLER
By:
Name:
Title:
Date:
BUYER/RENTER
By:
Name:
Title:
Date:
