Rental Agreement
Thank you for choosing Nüage Designs for your special event. We take pride in assisting our clients in delivering flawless event experiences. In order to better serve you, we kindly request you read and abide by the policies disclosed on this agreement. We appreciate your business and look forward to a lasting business relationship.
Service Terms - Unless otherwise stated in the contract, the following terms apply to all orders. All contracted items are rentals unless otherwise stated on your contract. As the client, it is your responsibility to ensure the proper condition and prompt return of all rental items. A signed Rental Agreement is required from each client for each calendar year. All clients are required to provide a credit card to be kept on file and Nuage Designs, Inc is authorized to process said card in the event that damage or loss occurs to items on the associated rental order.
Confirming your Order - Provided that your signed Rental Agreement and Credit Card are on file, you may confirm your order by stating in writing to your account executive that the quote is “approved.” . We require a 50% deposit to confirm your order. The remaining balance on your order is due no later than (3) business days prior to the scheduled shipping or delivery date as outlined on your contract, which will coincide with the Final Date for Changes to your order. Orders must be confirmed at least (3) business days prior to the scheduled shipping or delivery date as outlined on your contract, or by the noted Final Date for Changes to your order - whichever is earlier - to ensure availability of product and timely fulfillment of your order. See “Cancellations/Refunds” for additional terms.
Net Terms Conditions - The privilege of net 15 or net 30 payment terms is offered to clients who have submitted a satisfactory credit application with references. Clients with approved payment terms may confirm their order by stating in writing to their account executive that their order is 'approved'. An invoice will be issued on the Order Ship Date and payment is due within 15-30 days of the invoice date, per the client's Terms agreement. For cancelled orders, clients with Net Terms privileges are also subject to a 10% Cancellation Penalty for any confirmed order that is cancelled within fourteen (14) days of the Final Date for Changes noted on their order paperwork, and are also subject to a 25% restocking fee for orders cancelled after the Final Date for Changes but before the Order Ship Date. Clients with Net Terms privileges are required to have a valid CC on file for incidentals and past due balances. Nuage Designs will issue delinquency notices for any balances aged more than 31 days, and is authorized to charge the client's CC on file for past due balances aged 61 days or more within (5) business days of receipt of final notice of delinquency. Failure to resolve past due balances aged 90 days or more will result in an immediate freeze of the account. Future orders will not be released for shipment until all past-due balances are paid in full. Clients whose accounts have been frozen more than two (2) times in one fiscal year will be disqualified from Net Terms privileges and must submit payment by check or credit card in advance of shipment for at least six (6) months before being eligible to reapply for Net Terms privileges. Should it become necessary to refer the account balance to a licensed collection agency or attorney for legal action, all subsequent charges and legal fees shall be paid by the applicant.
Changes - Prior to approving your order, please review all items, date and shipping address detailed on your contract. Contracted items and/or quantities may be modified on a confirmed order up to three (3) business days prior the scheduled shipping or delivery date, as specified by the Final Date for Changes noted on your order. Items cannot be removed from a confirmed order after the Final Date for Changes. New items may be added to your order until 12pm EST on the contracted shipping date, or 1pm EST two (2) business days prior to your contracted delivery date for local area deliveries. This includes changes in delivery and pick-up times. Please note we do not guarantee availability of additional quantities and the production and/or delivery of the items not contracted in advance may result in additional charges.
Holding Inventory - You may hold multiple product options on an order for up to 15 days. If during these 15 days there is a secondary inquiry that is ready to confirm and pay on any of the held items, we will grant a 48-hour grace period for you to confirm or to release the held items. After 48 hours, if no payment has been received, the items are subject to cancellation so that other interested parties can move forward.
Dye Lot Variation - Refunds are not granted on the basis of dye lot variation. Slight color variation is normal from one dye lot to another and is not considered a defect. Products are assessed on a regular basis to confirm that they are within a reasonable threshold of variation, and all orders are composed of the most similar dye lot available at the time of rental.
Custom Orders - Once confirmed and approved, custom orders are non-refundable and cannot be modified. Items on these orders cannot be changed and quantities cannot be reduced. Custom items are Final Sale and are not required to be returned to Nuage Designs, Inc. If custom items are mistakenly returned, you are responsible for any laundering and/or shipping costs related to the return of those items to the client. Custom items returned to us that are not claimed by the purchaser within (3) business days of the return will be discarded and are no longer eligible for return.
Cancellations/Refunds - Confirmed orders that are cancelled for any reason within fourteen (14) days of the noted Final Date for Changes on your order are subject to a 10% cancellation fee, provided written notice of cancellation is received at least three (3) days prior to shipment or before the Final Date for Changes noted on your order paperwork. Orders cancelled after the Final Date for Changes on your order are subject to an additional 25% restocking fee, or a total penalty of 35%. Custom items are non-refundable (no exceptions) and will be billed in full. Once shipped, an order is final and may not be cancelled nor will refunds be issued for any unwanted or unused items. Additional fees may apply for “Return to Sender” requests submitted for an order that is cancelled after it has been shipped. Should you receive an incorrect or damaged item in your shipment, please immediately notify your account executive and provide a photo of the issue so that a replacement item can be provided. Refunds may not be issued for damaged items if we are notified after your event has taken place.
Shipped Orders - Prior to approving your order, please carefully review the shipping address, ship date and ship service (if UPS 2nd Day, UPS Overnight etc), receiving date, event date, return date, and all order contents for absolute correctness. We advise scheduling your orders for receipt at least two (2) business days prior to your event date to allow a buffer day in case of carrier delays, as well as to check your order and to contact us for additional needs should your order be incomplete or inaccurate. Should you wish to secure a specific delivery date, you must select UPS Express in order to receive a guaranteed delivery time. All shipments will include the contracted item(s), packing list, black Nuage Designs return bag(s)*, and pre-paid shipping labels for returns. *Black return bags may not be included for orders of (2) items or less. Upon receiving the order, please verify that the items received match the packing list and your contract. In the event that you are missing a contracted item, please contact our office immediately. If you receive an item that is damaged and/or stained, please take a photo of the item clearly indicating the damage. Contact our office immediately to request a replacement item and to document the condition in which you received the item to release your liability for damage fees. Refunds will not be issued for missing or damaged items if reported after the event has taken place. Once shipped, orders are non-refundable. Additional fees may apply for “Return to Sender” requests submitted for an order that is cancelled after it has been shipped. Please note that UPS Ground does not provide guaranteed delivery times, and that all delivery dates are provided as an estimate. In the event that a rental order does not arrive on time due to inaccurate information provided by the client (incomplete or incorrect shipping address, or failure to verify the correct shipping/receiving dates, etc), the client is responsible for the full shipping cost of a replacement order where product is available. While we will do everything in our power to ensure your event is successful, Nuage Designs is not responsible for delayed deliveries, delivery exceptions, or other carrier-related failures to deliver.
Local Deliveries - Prior to approving your order, please carefully review the delivery address, set-up and pick-up times, and all order contents detailed on your contract for absolute correctness. Standard rates will apply for local area deliveries, and additional fees for mileage, lodging, per diems, and other costs may apply for long distance deliveries which shall be itemized by your Account Executive. In order to efficiently staff and schedule deliveries, we require the submission of location as well as set-up and breakdown times five (5) business days prior to the event date. Delivery and pick-up times will be detailed in the contract and shall be observed to avoid additional charges. If our crew is unable to begin installation after 30 minutes, the client is responsible for the installation. In case our crew is available to accommodate the delay, a fee of $35.00 per staff member, per hour, will be charged to all deliveries and pick-ups delayed by more than 30 minutes from the scheduled time. Our delivery fee includes one set-up. Additional set-ups will be charged to the credit card provided at $200 per additional set-up. Any changes to delivery time or pickup time must be submitted in writing at least (3) business days prior to the event and are subject to availability and to an additional fee. Please note all orders have a 2-hour window for the contracted delivery and pick-up time.
Should a client not provide their desired time windows for delivery and pick-up at least (3) business days prior to the contracted delivery or pick-up date, Nuage Designs will assign the available time windows and the client is responsible for making arrangements to receive, install and/or strike their own event. Upon delivery, please inspect your order to verify that the items received match the packing list and your contract. In the event you are missing a contracted item, or if you receive an item that is damaged and /or stained, please take a photo of the item clearly indicating the damage and contact our office immediately. Refunds will not be issued once the event has taken place.
Our installation crew is not authorized to modify delivery and/or pick-up times.
Changes to Orders [Local Deliveries] - Changes or additions to your order after our delivery team has arrived will result in additional delivery charges. In order to guarantee the promptness in all deliveries, the delivery of additional items will be subject to the day's delivery schedule and the availability of trucks, drivers and set-up staff.
Pickups [Local Deliveries] - In the event that Nuage Designs has been hired for dismantle / pickup of furniture, linen, and/or accessory rental items, it is the client(s)’ responsibility to ensure that all contracted rental items are readily accessible to the Nuage Designs staff at the designated dismantle / pickup time and location. Pickup service is provided as a service of convenience to our client(s) and this service does not absolve the client of liability for items deemed missing from a rental order. The Nuage Designs team will conduct a count of all inventory (except napkins) on site and make every attempt to locate any missing items at the time of pickup. An official notice of missing items will be furnished on the first business day following a scheduled pickup so that the client(s) may attempt to locate and return any items prior to issuance of a missing items invoice. Please see Late and Missing Items section below for more details.
Returns - Place all rental items (linens, napkins, pillows, or chair covers) in the Nüage Designs black return bags provided in your shipment, and all chargers within the original shipping packaging, and verify that each bag/box has a pre-paid return label clearly visible on the exterior. Please note that Nuage Designs will schedule a UPS pick-up for you, but it is your responsibility to make sure UPS completes a successful pick up of your order by the "Return Pick Up Date" stipulated on your contract. UPS pickups are scheduled to occur on the first business day after the event date unless stated otherwise on your contract, and must be received by the return date specified in the contract to avoid late fees. If you prefer to handle your own UPS return by personally delivering your linens to a UPS location, please advise your account executive. All linen and napkins must be air-dried thoroughly and shaken to remove all food, floral debris, wax, etc. prior to shipping. Do not send back wet/soiled linens as it will produce mildew. If extra time is needed to dry out damp linens and ensure the well-being of our products, please contact us immediately.
Late and Missing Items - Not returning the items on time will result in a late fee of up to three times (3x) the rental price for linens, up to four times (4x) the rental price for accessories (Interlaces, Chargers, etc) and up to ten times (10x) the rental price for furniture. You will be notified of missing items once your initial return has been received, and a missing/replacement invoice will be issued at the time of this notice. Please contact us if you find any missing items that were not returned with your initial shipment. Failure to return items deemed missing from your shipment within 2 business days of the scheduled Order Back By Date will result in the charge of the missing/replacement fee to your credit card on file. Should any missing items be located and returned to us within two (2) weeks of initial notification, you are eligible for a 50% refund on your missing items invoice. Full refunds will not be granted for any missing items invoices, even if the inventory is found and returned to us, given the cost of lost rental opportunity and the expense of replacing inventory to fulfill committed orders.
Damaged Items - Nuage Designs assesses a 7% Damage Protection fee to all rental orders for the coverage of irreparably damaged products. The charge is calculated as a percentage of the rental subtotal (pre-tax, delivery fees, and any applicable discount) and is added to the overall invoice. Payment of this fee covers 100% of the replacement cost of all damaged linens, and covers 50% of the replacement cost of damaged furniture and accessories (including Interlaces, Chargers, etc) up to a value of $10,000 per calendar year. In the event that a client exceeds $10,000 in damages for the year, they are then responsible for 50% of the replacement cost of any additional damaged linens and 100% of the replacement cost of any additional damaged furniture or accessories. Nüage Designs reserves the right to refuse coverage to any client whose order is returned with evidence of gross negligence to their rental items. This includes, but is not limited to, orders returned with organic material (ie, food or floral debris), foreign objects (ie, flatware, personal belongings, paper goods), and excessive wax damage. When denied, the client will be immediately notified with photos of the excessive damage and issued a damage replacement invoice at a rate of 3x the rental cost for any linen items, and 10x the replacement cost for any furniture items. Missing items are not covered by the Damage Protection fee and will be charged at up to three times (3x) the rental price for linens, up to four times (4x) the rental price for accessories (Interlaces, Chargers, etc), and up to ten times (10x) the rental price for furniture. Should you wish to decline Damage Protection coverage and have the fee removed from your contract(s), please request a Damage Protection Release Waiver from your account executive. The Damage Protection Release Waiver must be signed in order to have the fee removed from your invoice(s). By signing the Damage Protection Release Waiver, you agree to pay 100% of the replacement costs for damaged items - which are assessed at up to three times (3x) the rental price on linen products, up to four times (4x) the rental price for accessories (Interlaces, Chargers, etc), and up to ten times (10x) the rental price on furniture - and that Nuage Designs will be authorized to charge your credit card on file for said costs within two (2) business days of the date of issuance of said invoice. Payment of any damage or replacement invoice does not constitute a purchase agreement, and all products detailed therein will remain the property of Nuage Designs. Due to their specific nature, international orders are not eligible for Damage Protection Coverage and, accordingly, will not be billed for coverage.
Authorization to Charge - In completing the Nuage Designs Credit Card Authorization Form, the cardholder grants authority to Nuage Designs to process said card for all charges related to a confirmed rental or purchase order, including any rental or purchase costs, Damage Protection Coverage, roundtrip shipping costs, delivery costs, taxes, and any damage or replacement fees. Damage and replacement fees are processed to the card on file in accordance with the terms and timeline outlined above. Nuage Designs can accept an alternate card for payment on damaged or missing items invoices provided that the updated card is supplied within the timeline outlined above. In the event that an alternate card is not supplied prior to the required payment date on a damaged or missing items invoice, the card on file will be processed and it is the cardholder’s responsibility to recuperate any out of pocket expenses from the liable party, should they so desire.