Rental Terms and Conditions

 Rental Terms and Conditions

You have paid the base rate for renting the machine.  Additional costs may be incurred from damage to the equipment or failure to follow the rental terms and conditions.  The following risks are assumed upon rental.

Pick-up and Return

_____ The machine must be returned by DATE:______________   TIME: _______________.  If you are later than the agreed time a late fee of $50/hour will begin to accrue and can accumulate up to the full cost of the machine, $6,500.

_____ I understand that Big Hit Soft Serve is not responsible for personal injury or damage to personal vehicles while transporting or moving. The machine weighs approximately 220 pounds and I agree to move it carefully, with an adequate number of people.

Payment and Cancellation Fees

_____ Payment in full is required at least 14 days before the reservation date.

_____ Machine reservations that are cancelled at least 14 days before the reservation will receive a full refund.  Machine reservations that are cancelled less than 14 days before the reservation date will not be refunded because the rental period is closed and unavailable to others.

_____Cancellation of ice cream mixes or cones will receive a full refund if cancelled at least 24 hours before pick up.

_____ Orders which are paid for but not picked up will be considered cancelled without refund.

Machine Operation and Care

_____ I agree to operate and clean the machine as directed.  I have received a copy of the operation and cleaning instructions.  The person(s) who will be operating the equipment must receive instruction about the use from us prior to the date of the event.

_____ I understand that it is my responsibility to provide adequate power for the Big Hit machine.  The machine must be plugged into a 115 volt, 20 amp circuit with a ground.  NO other electrical device can run on the same circuit, including lights. If I have rented multiple machines I understand and agree that each machine must be run on a separate circuit.  Big Hit Soft Serve LLC is not responsible for machines not working properly due to inadequate power supply.

Damage Liability for All Machines

_____ I understand and agree that I am financially responsible for any damage to the machine and all accessories.  Damage is determined by Big Hit Soft Serve LLC after return inspection or up to 7 days following rental return.  I agree that I will pay for any repairs needed to restore it to a functional state, up to and including full replacement cost of $6,500.  (See appendix A for specific costs of parts)

_____ I understand that the ice cream machine must remain upright at all times to prevent damage to the compressor.  A fee of $400 of will be charged for failure to keep the machine upright.

_____ I understand and agree that the machine must be covered during during storage or transportation to protect from weather, dust, and damage.  If the machines are returned visibly dirty, I will pay a $100 cleaning fee/machine.

_____ I agree that I will keep the machine in a secure location during the entire rental period.  In the event the machine is lost or stolen I will be financially responsible for full replacement cost of $6,500.

Food Handling

_____ I understand that all opened food product sales are final and cannot be refunded.

_____ I understand that Big Hit Soft Serve is not responsible for illness or damage caused by  mishandling of food products.

_____ I understand insurance and health department permits are the customers responsibility if required for your particular event.

Disclaimer of Warranties

COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. COMPANY MAKES NO WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, THE SERVICES, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT MAY ENSUE FROM THE USE OF THESE PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitations of Liability

You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, managers, shareholders, agents, representatives, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms of Service.

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND SERVICES ARE AT YOUR SOLE RISK. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Big Hit Soft Serve LLC is not responsible for personal injury or damage to personal vehicles while transporting or operating the equipments.  Big Hit Soft Serve LLC is not responsible for illness or damage caused by the improper operation of machines or the mishandling of food products.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE AND SERVICES IS LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES.

Appendix A – Estimated Replacement and Repair Costs

This list is not comprehensive of all parts that could be damaged and prices are subject to change.