Terms & Conditions

means the date set out by the Customer in the Customer’s final Order Form and being the date which the Supplier agrees to make the Ordered Party Supplies available to the Customer by way of collection by the Customer at the Collection Location.

means the location set out by the Customer in the Customer’s final Order Form and being the location which the Supplier agrees to make the Ordered Party Supplies available to the Customer by way of collection by the Customer from the Supplier.

means the time set out by the Customer in the Customer’s final Order Form and being the time which the Supplier agrees to make the Ordered Party Supplies available to the Customer by way of collection by the Customer from the Supplier at the Collection Location.

means the person set out in final Order Form and where such form or where such person is disputed the customer shall be the person that accepts the Ordered Party Supplies (by way of delivery or collection) from the Supplier.

means the cost set out in the Rental Order Invoice for the delivery of the Order to the Customer, which cost shall be determined in accordance with these Terms.

means the date set out by the Customer in the Customer’s final Order Form and being the date which the Supplier agrees to make the Ordered Party Supplies available to the Customer by way of delivery to the Customer at the Delivery Location.

means the location set out by the Customer in the Customer’s final Order Form and being the location which the Supplier agrees to make the Ordered Party Supplies available to the Customer by way of delivery to the Customer.

means the time set out by the Customer in the Customer’s final Order Form and being the time which the Supplier agrees to make the Ordered Party Supplies available to the Customer by way of delivery to the Customer at the Deliver Location.

means 50% of the total cost of the Ordered Party Supplies as set out on the Rental Order Invoice.

means the sum of (i) the balance remaining after the Deposit is paid by the Customer to the Supplier; (ii) the Refundable Breakage Fees; and (iii) any Delivery Cost (if applicable).

means the Supplier and the Customer (each a “Party”).

means the party supplies offered for rental from the Supplier.

means the party supplies selected by the Customer in the Customer’s final Order Form, which the Customer desires to rent from the Supplier.

means the order form completed by the Customer setting out the Customer’s contact information, the Customer’s Order, rental dates and a declaration to be accepted by the Customer that the Customer agrees to these Terms and Conditions (also referred to as the “Order Form”). References to a customer’s “final Order Form” means an executed or signed Order Form where such form was submitted in hard copy; or the completed and submitted Order Form which includes the Customer’s electronic selection that the Customer has accepted these Terms, where such form was submitted through the Supplier’s website.

means the amount set out on the Rental Order Invoice, which shall be retained by the Supplier in respect of any potential defects or damages caused by the Customer and will be returned to the Customer upon the Supplier’s satisfactory inspection of the Ordered Party Supplies. For the avoidance of doubt, the Refundable Breakage Fee shall either be (i) 50% of the total cost of the Party Supplies Order if such cost exceeds $50.00; or (ii) $50.00 where the total cost of the Party Supplies Order is less than $50.00.

means the itemised written confirmation sent to the Customer by the Supplier of (i) the Customer’s Order (prepared in accordance with the Customer’s final Order Form); (ii) the Return Date (as defined below); (iii) the Supplier’s payment details; and (iv) the total cost of the Order including but not limited to the rental cost of the Order, the Deposit, the Delivery Cost (if applicable) and the Refundable Breakage Fees. The Rental Order Invoice shall not include any Late Fees (as defined below).

means the date and time set out on the Rental Order Invoice which shall be 24 hours after the Collection Time or the Delivery Time, as applicable;

means ‘This N That Bermuda’, a party supplies rental business located in Bermuda.

means the standard terms and conditions of the Supplier set out herein.

By agreeing to and accepting these Terms and Conditions the Customer agrees to rent from the Supplier and the Supplier agrees to rent to the Customer the Ordered Party Supplies. The Customer agrees to and accepts these terms by submitting a final Party Supplies Order Form to the Supplier. The Customer also agrees to and accepts these Terms and Conditions by (i) accepting any delivery of the Ordered Party Supplies; or (ii) collecting the Ordered Party Supplies from the Supplier.

Prices of any Ordered Party Supplies shall be as set forth in the Rental Order Invoice and in accordance with the prices set out on the Supplier’s website.

Order Method. Each Order must be requested by submitting a final Order Form to the Supplier. The Supplier shall provide an email confirmation of the Order to the Customer within 72 hours of the Customer submitting the final Order Form to the Supplier (the “Order Confirmation Email”).

Discrepancies and Changes. The Customer shall be responsible to the Supplier for ensuring the accuracy of any Order submitted by the Customer. Any discrepancies, omissions or lack of clarity on the Customer’s final Order Form will be referred to the Customer for clarification before the Order Confirmation Email and Rental Order Invoice is issued. The Customer has the right to make changes to an Order at any time up to 24 hours before the applicable Delivery Date or Collection Date. Where any such changes result in a reduced Invoice Balance, the Deposit shall not be reduced or refunded in any manner unless the Deposit exceeds the Invoice Balance. The Supplier will provide an updated Rental Order Invoice at the Supplier’s earliest opportunity.

Cancellation. The Customer may cancel an Order without penalty and receive a full refund of the Deposit and Invoice Balance, if cancellation is made at least 72 hours before the Collection Date or Delivery Date. If an Order is cancelled within less than 72 hours before the Collection Date or Delivery Date, the Supplier shall retain the Deposit and return the Invoice Balance.

A Rental Order Invoice shall be attached to the Order Confirmation Email.

Unless otherwise agreed between the Supplier and the Customer, all Orders that require collection by the Customer shall occur in accordance with the Collection Time, Collection Date and Collection Location set out in the Customer’s final Order Form.

In the event that the Customer does not collect the Order from the Supplier, whether the Order is scheduled to be delivered or collected, the Supplier shall retain the Invoice Balance. In the event that the Supplier does not make the Order available to the Customer, whether the Order is scheduled to be delivered or collected, the Supplier shall refund all fees, costs and expenses paid by the Customer in respect of the Order.

These Terms shall be effective upon the submission of the final Order Form by the Customer to the Supplier. Subject to Section 17 – ‘Survival’, unless these Terms are terminated by the cancellation of an order, these Terms shall remain in full force and effect until (i) the Ordered Party Supplies are returned to the Supplier, (ii) the Supplier has confirmed that the Party Supplies Order is in satisfactory condition to the Customer; and (iii) no further payments are due and owing by the Customer to the Supplier.

A force majeure event means any circumstance not in the Customer or Supplier’s reasonable control including but not limited to: (a) acts of God, floods, hurricanes, earthquakes or other natural disasters; (b) epidemics or pandemics; (c) terrorist attacks, civil commotion or riots (d) any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; (e) fires, explosions or accidents; (f) any labour or trade dispute or industrial action; and (g) interruption or failure of utility service (each a “Force Majeure Event”).

In the event either party is unable to perform its obligations under these Terms as a result of the occurrence of Force Majeure Event such party shall not be liable for any failure or delay in the performance of its obligations arising hereunder. Notwithstanding the foregoing, each Party agrees to use its reasonable efforts to perform its obligations.

The Parties intend solely for the express terms and conditions contained in these Terms to apply. In the event of a conflict between these Terms and Conditions and any term or condition in any other document, website or communication, these Terms and Conditions shall prevail. These Terms together with the final Order Form supersede all prior oral or written agreements, discussions, correspondence, representations and warranties. All representations, promises, warranties or statements by the Supplier that differ in any way from these Terms shall be given no effect or force. No waiver or alteration of the terms set out herein shall be binding unless in writing signed by the Supplier.

This section contains the Customer’s exclusive remedies for the supply of a damaged or defective item. Where the Customer alleges that any or all the Ordered Party Supplies are damaged or defective, the Customer agrees to proceed as follows: (i) provide verbal notice to the Supplier, in the first instance, but failing verbal notice, written notice by way of email to the Supplier of any alleged damage or defect within 7 hours from the time the Customer physically accepts the Order; (ii) the Supplier shall collect the defective Ordered Party Supplies for inspection and confirmation of the alleged defects; (iii) if the Supplier’s inspection confirms that the Ordered Party Supplies are defective, the Supplier, in its sole discretion shall either replace the defective Ordered Party Supplies (if possible) or refund the rental cost of the defective Ordered Party Supplies only. This section sets forth the Customer’s sole remedy and the Suppliers entire liability for any damage or defective Party Supplies.

In no circumstances shall the Supplier’s aggregate liability arising out of or related to these Terms, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amount paid to the Supplier pursuant to the applicable Rental Order Invoice, giving rise to the claim.

The Customer may not assign any of its rights or delegate any of its obligations under these Terms. Any purported assignment or delegation is null and void and no assignment or delegation relieves the Customer of any of its obligations under these Terms.

No waiver by the Supplier of any breach of these Terms by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

Any provision that, in order to give proper effect to its intent, should survive such expiration or termination will survive the expiration or termination of these Terms.

If any provision of these Terms is held by any competent court to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby.

These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Bermuda. Each Party irrevocably agrees that the courts of Bermuda shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.