Terms & Conditions

1. The term “Company” refers to the independently owned Margarita Man business indicated on the reverse side.  The terms “Customer,” “you,” “yourself,” and “your” refer to the renter and/or user of the items.  The terms “item” or “items” refer to the rental equipment.

2. Margarita Man reserves the right not to rent equipment to anyone who does NOT agree with the policies listed in our Terms and Conditions.

3. Margarita Man further reserves the right not to rent equipment to a Customer until all provisions of the Rental Agreement have been completed, the form signed and dated.

4. Margarita Man reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time, without prior notice.

5. Unless arrangements have been made and approved in advance, including personal checks, advance payment for rental items and other charges will only be processed on a valid credit card.  All other charges that have not been paid by you in advance are due upon the return of the items to the Company and will be charged to the credit card on file.  If Customer charges owing are not paid within ten (10) days of the due date, you agree that the Company may apply late fees.

6. Cancellations with less than 10 days advance notice of the scheduled delivery time will be charged the full rental amount. We require 10-days advance notice in writing to issue a refund. 

7. The Customer agrees to be responsible for the safekeeping of the items until returned to the Company. Customer agrees to return the items to the Company in the same working condition,  with all accessories and parts, as it was when delivered. Customer agrees to be financially responsible for the replacement cost of any parts or accessories not returned.

8. Customer agrees as a condition of rental to be financially responsible for the cost of parts and labor for repairs or replacement cost of equipment lost, stolen or damaged beyond normal wear from any and every cause.  Repair and/or replacement cost to be determined by Margarita Man from approved vendors. 

9. If the equipment is lost or damaged in any way, the cost to repair or replace the item will be the full responsibility of the Customer and will be charged to the credit card on file.

10. Payment by the Customer for the replacement of unreturned, damaged or lost items will  be charged to the credit card on file. 

11. Reimbursement for the repair or replacement of equipment will not be processed through the Customer’s personal insurance carrier. 

12. Customer agrees to use the items with caution and due care solely for the purpose for which they were intended and to obey all national, state, municipal, police and other laws, ordinances and regulations that relate in any way to the possession, use or maintenance of the items.  You further agree to use the items in strict accordance with any and all applicable instructions and warnings, if any, pertaining to them.  

13. All machine rentals include the first batch of mix, a sleeve of 50 cups and a rim salter.  Additional mix and cups may be left at the time of delivery/set up in case you need them. Customer agrees to be financially responsible for all additional drink mix and additional cups that are not returned, unopened at the scheduled pickup time. Customer hereby authorizes the Company to charge the card on file for mix and cups immediately after the scheduled pickup. We cannot accept returns of  mix and cup after the scheduled pickup time. 

14. Customer agrees to only use Margarita Man brand drink mix. Use of other brands will result in additional use fees. Not all drink mix is designed to be frozen and use of other brands can cause damage to the machine. You agree to be financially responsible for any damage to the machine caused by use of brands of mix. 

15. All products provided by the Company are alcohol free. Margarita Man does not recommend nor encourage the consumption of alcoholic beverages and will not be responsible for accidents or injury resulting from the consumption of alcohol during or following the use of equipment or products provided by Margarita Man.

16. Customer agrees that the items are leased for the period of time and at the rental rate shown on this Rental Contract.  You must immediately notify the Company if you want to extend the rental.  The Company reserves the right to deny any request to extend the rental and also reserves the right to establish a different rental rate for any rental extension that it approves.

17. If any problem with the use or operation of an item occurs while you are renting it, or if it appears that an item might have become unsafe or might require repair, you agree to immediately discontinue all further use or attempts to use the item, and that you will contact the Company promptly at (702) 839-4400.

GENERAL DELIVERY & PICK-UP POLICIES

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1. A delivery fee will apply to all rental orders. We do not offer customer pick-up or return.

2. Normal deliveries and pickups are made between 9:00 am and 5:00pm.  For an additional fee a custom courier can be arranged for deliveries and pickups outside of our normal delivery hours. Custom courier is subject to availability.

3. Delivery is made on the day of the event and pick-up is on the following day. An additional fee will apply if same day pick-up is needed.

4. There is a minimum two (2) hour window for deliveries and pickups. Once a time period is confirmed for delivery and/or pick-up, it’s the Customer’s responsibility to make sure that a responsible person is at the delivery location during that period.  

5. There will be an additional fee if the Customer is not available during the confirmed delivery window and the Company is forced to return at a later time to the delivery location. The delivery driver cannot wait. Once we leave your area we cannot guarantee that we can return within a reasonable time to redeliver. In this case we do not offer discounts or refunds.

6. If the delivery/pick-up location is a rental property or hotel, it is the Customer’s responsibility to inform the property that they have rented items being delivered and picked up the following day. 

7. If the delivery/pick-up location is in a gated community and the driver cannot gain access for any reason, additional fees will apply for a return trip.  Once we leave your area we cannot guarantee that we can return within a reasonable time to redeliver. In this case we do not offer discounts or refunds.

8. If access cannot be gained on confirmed pick -up day due HOA restrictions, daily rental fee will apply for each day until picked up. If the driver is turned away from the gate on pick-up day, a fee for the return trip will apply in addition to the daily rental fee. 

9. If you are not available for the items to be picked up when scheduled, you will be charged one full day rental fee, unless prearranged with the Company.

10. Customer agrees to be financially responsible for each day of rental that the items are in your possession for any reason, up to the cost of replacement at current vendor price for a current or similar quality item plus reasonable administrative costs.

11. If you fail to return any item when due, the Company may protect its property and contract rights by entering your property to retake the item, and you hereby waive any claims or right of action against the Company in connection with such an entry or retaking.  

12. Any long distance locations (such as Boulder City or outlying areas) are subject to trip charges that are based on distance, and are subject to change at any time. 

13. You acknowledge that the failure or refusal to return any item when due, any sale of an item, or any concealment of an item from the Company may constitute a crime, and in such event, that the Company, in addition to its other rights, may contact the authorities and/or file criminal complaints against you.

PROBLEMS WITH EQUIPMENT

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1. If the equipment becomes unsafe or in disrepair as a result of normal use, the Customer agrees to immediately discontinue use and notify the Company. 

2. The Company reserves the sole and exclusive discretion to repair or replace the item within a reasonable time, or to adjust the rental, or both. 

3. In the event that a machine doesn't freeze, the company will test the machine at their facility and assess the reason for machine failure. Additional charges or a refund will be processed based on the test results.  

4. You further acknowledge that you have been informed of the phone number you must call during the first two hours of the Rental Period if you have any questions about the operation of the equipment.

CUSTOMER ACKNOWLEDGMENT

1. You hereby acknowledge that the items are exclusively the sole property of the Company and will remain so at all times.  You have no right, title, or interest therein or thereto, except as specifically provided in this Terms and Conditions. 

2. You acknowledge that prior to signing the Rental Contract, you had the opportunity to read it and also to read any applicable instructions and warnings, if any, provided by the manufacturer of the items.  

3. You acknowledge that you are responsible for providing a designated 20 amp circuit to operate the machine. If the machine fails to operate and after testing the machine the Company determines that there was insufficient power provided, no refund will be issued.

4. You also acknowledge that you have been afforded the opportunity to examine the items, see them in operation (if appropriate), and that you received them in good condition, except for any damage that does not affect the performance of the items, and that has been specifically noted by either the Company or yourself on the reverse side of this Rental Contract prior to your signing it, and that you are obligated to return the items at the specified time to the Company in the same condition except for ordinary wear and tear.  You agree that you are satisfied with the instruction given by the Company in how to properly use the items, or if none was given, that you represented that you were knowledgeable in the proper use of the items and declined such instruction. You further confirm that you have been instructed to turn the machine on at least one hour before your event, to make sure the machine is plugged into its own circuit separated from other appliances, that you are to use ONLY a heavy, three-prong extension cord if needed (provided by the Margarita Man). You agree not to leave the machine running overnight unattended if the “MIX OUT” light is on to prevent over freezing and causing damage. 

5. This terms and conditions is intended to be the complete and exclusive statement of the terms of the agreement between the company and the Customer.   There are no side agreements either verbal or written.  There can be no future changes verbally or by any means other than a signed writing by the Company and made a part of the Rental Contract.

6. Customer agrees  not to move the machine from the original set up location and to leave the machine on the cart provided by the Company. In the event that a machine is removed from the cart, without prior consent, you hereby authorize the Company to charge a fee of Two Hundred and Fifty Dollars ($250) to the credit card provided.

7. Customer agrees not to transfer the items to any other person, not to further lease or sublease them, not to move the items to any other location at any time, and not to permit them to be operated by others. Your failure to honor your obligations is a breach of this rental contact and a default on your part. You hereby authorize the Company to charge a fee of Five Hundred Dollars ($500) to the credit card provided for unauthorized transport of the items. 

Release, Indemnification, And Exclusion Of Certain Warranties 

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You will indemnify the Company against and hold it harmless from, any and all proceedings, actions, suits, claims, expenses, damages, costs, and liabilities, including reasonable attorney’s fees and costs, caused by or connected with or resulting from your use of the items, including without limitation, the use, selection, delivery, manufacture, possession, return, or operation of the items, even if the damage or injury resulted from defective items or the company’s own negligence, or for any other reason. You also agree that all items are rented to you “as is” without any warranty of merchantability, fitness for a particular purpose or any express or implied warranty of any kind whatsoever.  All products provided by the Company are completely alcohol free.  Margarita Man does not recommend nor encourage the consumption of alcoholic beverages and will not be responsible for accidents or injury resulting from the consumption of alcohol during or following the use of equipment or products provided by the company.

Claims and Disputes

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Margarita Man and the Customer mutually agree to waive a jury/court trial but refer any claim or dispute that cannot be settled between the Parties to binding Arbitration. Claims or disputes relating to the damage or loss of rented equipment shall be filed with and processed by the Nevada Arbitration Association regardless of the amount of the charges. The laws of the State of Nevada shall govern the “Rental Agreement” and the “Terms and Conditions”. The venue for purposes of arbitration shall be at the sole discretion of Margarita Man. Under no circumstances will Margarita Man be held responsible or liable for any expenses related to the filing of a claim or dispute. The charges for Arbitration, including the expenses for an independent Arbitrator, may be fully borne by the Customer. (In all cases, Margarita Man and Partymaker Rentals, LLC are the same business entity). 

Contact Margarita Man at (702) 839-4400 for questions and clarifications of the Terms and Conditions. Any disputes, charges, or claims against Margarita Man must be submitted in writing, by certified mail, return receipt requested to: SSAN Rentals, LLC, 4800 Maryvale Dr,, Las Vegas, Nevada 89130