TERMS AND CONDITIONS

 

Motor Taps LLC (“MT”) rents its Vehicle (as hereinafter defined) for the time period stated on the Rental Order (“Rental Period”) solely pursuant to these Binding Terms and Conditions (“Terms”) which govern each Rental Order (as hereinafter defined) placed by a Customer for MT’s services. Customer acknowledges that Customer’s consent to these Terms is a material prerequisite to MT’s allowing Customer to use the Vehicle.

  1. Rental Purpose. Rental of the Vehicle is provided only sole purpose of allowing Customer and its employees and agents to serve beer and wine from the integrated keg service equipment built into the Vehicle. Customer shall have no right to drive or operate the Vehicle for any other purpose.

  2. Key Definitions. “Rental Order” or “Order” means the Customer’s reservation for temporary use of a Vehicle, whether such reservation is made online, by email, by phone, or any other means and includes all terms and conditions contained on any physical page or web page that Customer signs or agrees to in connection with the rental of the Vehicle, including without limitation these Terms. “Vehicle” means any of MT’s custom Vehicles as selected by Customer in the making of its rental reservation, and any accessories or supplies provided to Customer in connection with the rental. “MT Representative” means an employee, contractor, or manager of MT who assists Customer with the rental or reservation.

  3. Ordering. All Orders must be placed at least 30 days in advance of Customer’s need. An Order does not become a binding or enforceable contract until the earlier of MT’s signed acceptance of the Order, or MT’s delivery of the Vehicle, at which point the Order becomes a contract agreement subject to these Terms. After acceptance by MT, no changes to an Order will be accepted without MT’s written consent, in MT’s sole discretion.

  4. Payment of All Amounts Due. Customer shall pay upon delivery of the Vehicle all amounts due for the rental, including without limitation, the rental fee, the transportation charge, supply fees, and any other amounts specified in the Order or these Terms as being owed to MT. If Customer does not pay all amounts due upon delivery of the Vehicle, Customer shall pay a late fee equal to the lesser of: (a) 5% per month of the aggregate past due balance, or (b) the highest rate allowed by law. In addition, Customer shall pay any costs and expenses incurred by MT in seeking to collect any amounts due hereunder, including without limitation court costs, attorneys’ fees, and collection fees. If MT accepts a check for any payment due, a fee of $50.00 will be charged for any check returned for insufficient funds. Customer acknowledges that if Customer uses a credit card for any payment due under these Terms or the Rental Order, MT, the card issuer, or financial institution may place a hold on the authorized amount during the processing of the transaction. Customer should inquire with the card issuer or financial institution for details regarding the timing of charges and release of funds. All payments, costs, and expenses shall be stated and paid in U.S. Dollars. CUSTOMER ACKNOWLEDGES, AGREES, AND AUTHORIZES THAT IF A DEBIT OR CREDIT CARD IS USED AS PAYMENT FOR THE DEPOSIT OR OTHER AMOUNT OWED, (A) CUSTOMER WILL PAY THE AMOUNT OWED ACCORDING TO THE CARD ISSUER STATEMENT, AND (B) MT MAY CHARGE THE CARD FOR ANY AMOUNTS DUE AS DESCRIBED IN THE ORDER OR THESE TERMS IF CUSTOMER DOES NOT OTHERWISE PAY SUCH AMOUNTS ON DELIVERY.

  5. Inspection. Customer acknowledges that Customer had or waived the opportunity to inspect the Vehicle to note the condition of any damage to the Vehicle prior to Customer’s taking custody of the Vehicle. If Customer does not inspect the Vehicle, the determination of the MT Representative of the condition of the Vehicle shall be conclusive and binding on the Customer.

  6. No Warranty. Customer acknowledges the Vehicle is being provided AS-IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  7. Delivery. MT shall deliver the Vehicle to the address specified by Customer (the “Event Premises”). Customer hereby authorizes MT to enter upon the Event Premises one hour prior to the scheduled event time. Customer warrants that Customer has as owner or otherwise: (a) all the necessary rights with respect to the Event Premises for purposes of these Terms; and (b) the right and authority to permit MT’s entrance upon the Event Premises. Customer is responsible for arranging legal, safe, and secure parking for the Vehicle at Customer’s Event Premises. Customer represents that the Event Premises has an adequate size (20’x15’), clearance, and structural integrity to sustain the weight and size of the Vehicle. Customer authorizes MT to (a) drive on Customer’s lawn, non-paved area or any other area in order to place or retrieve the Vehicle pursuant to Customer’s instructions or due to a designated area lacking adequate size and/or clearance, or (b) drive on a paved surface. In either case above, Customer assumes full risk for all damages resulting from the delivery, placement and retrieval of the Vehicle and Customer releases MT from any responsibility for such damage. Customer agrees that Customer will not relocate the Vehicle.

  8. Customer Responsibility. Customer (Catering Co., Venue, Etc.) most provide all funds to order and purchase alcoholic beverages outside of any funds for the services rendered by MT. Customer and Customer’s agents are required to obey all the laws and regulations pertaining to purchasing, selling, and serving alcohol. Customer will be responsible for acquiring and maintaining at its own cost and expense all licenses, permits and other authorizations necessary for the serving and selling of alcoholic beverages.  MT, Customer or Customer’s agent shall not serve alcohol to minors or anyone appearing to be intoxicated. The Customer agrees to indemnify, defend, and hold harmless MT and its employees, contractors, managers, members, and affiliates from and against any and all claims, actions, liabilities, losses, damages, and expenses, including attorneys’ fees which may arise as a result of consumption of alcoholic beverages by the Customer and any of the Customer’s guests, including without limitation, any minor consumption or over service of alcohol. Customer must provide MT with a copy of the valid driver’s license of Customer’s authorized representative who must be 21 years of age or older. Customer represents and warrants that its use of the Vehicle shall (a) comply with all federal, state, and local laws, rules, regulations, and ordinances; (b) not be conducted in furtherance of, or in connection with, fraudulent or illegal purposes, (c) comply with all orders, rules, and regulations of the owner of any land upon which the Vehicle is used or parked during the Rental Period, and (d) not cause property damage or personal injury of any kind. Customer shall not (e) allow any person inside the cabin of the vehicle or on the roof, hood, or bed of the Vehicle, (f) affix anything to the Vehicle that will dent, leave holes in, or cause damage to the finish of the Vehicle, (g) open the hood or handle anything on the undercarriage, or (h) tamper with any parts or components of the Vehicle. Customer shall be responsible for any and all parking citations traffic citations, charges in connection with towing or immobilization, and any other citations, fees, or charges accrued or incurred by Customer during the Rental Period.

  9. Deposit. MT may require a security deposit to be paid by Customer prior to accepting an Order (“Deposit”). The Deposit will be held as security for all payments owed to MT with respect to all Orders. The Deposit may be deposited into an interest-bearing account and may be commingled with other funds of MT. All interest MT receives with respect to the Deposit shall belong to MT. Any amounts not used to cover unpaid fees to MT, will be returned to Customer within 30 days after MT’s receipt of all payments owed for the applicable Order.

  10. Inclement Weather.  MT reserves the right to postpone or cancel transportation of an MT vehicle in the event there is inclement weather that prohibits the safe travel of a classic vehicle.

  11. Mechanical Breakdown.  In the event MT has a mechanical breakdown of one of it's vehicles and all other options have been exhausted a refund of the customers charges up-to-date for the event at hand will be refunded.

  12. Refunds; Cancellation Policy. Except to the extent of MT’s gross negligence or willful misconduct or as provided in this Section 9, MT is not responsible for any refunds, including without limitation in the event that inclement weather or other situation or event makes Customer’s use of the Vehicle less desirable or not feasible. Customer will receive a full refund of the Deposit for any cancellation at least 90 days prior to the event date. Customer will receive a refund of equal to fifty percent (50%) of the Deposit for any cancellation at least 30 days prior to the event date, provided that if the cancellation is more than 89 days prior to the Event Date the Customer shall receive a full refund of the Deposit. If cancellation is less than 30 days prior to the event date, the Deposit and any amounts paid under the Order will not be refundable.

  13. Loss or Damage. Customer agrees to return the Vehicle to MT in the same condition as it was received, in a clean and orderly manner, ordinary wear and tear excepted, at the end of the Rental Period. If the Vehicle is not returned clean, Customer will be charged a $100 cleaning fee. Customer shall report to MT any loss or damage to the Vehicle promptly upon becoming aware of the loss or damage. If the Vehicle is damaged, Customer shall pay the actual repair cost, or if MT determines to sell the Vehicle in its damaged condition, which it may elect in its sole discretion, Customer will pay the difference between the Vehicle’s retail fair market value before it was damaged, and the sale proceeds. Notwithstanding the foregoing, Customer shall not be responsible for any loss or damage to the Vehicle to the extent caused by the gross negligence or willful misconduct of MT or any MT Representative. If the Vehicle or any part thereof is damaged, towed, immobilized, stolen, lost, or rendered totally or partially inoperable, Customer shall be responsible for any loss of use and any consequential or incidental damages incurred by MT as a result, including without limitation lost rental income, towing and release fees, storage fees, and reasonable administrative expenses incurred.

  14. GPS and Other Monitoring. MT has the option and right, but not the responsibility or obligation, to attach or install GPS location monitoring, speed monitoring, or any other tracking, monitoring, or diagnostic system or device on or within the Vehicle. Any such device attached or installed is the property of MT, may or may not be activated during the Rental Period, shall not be tampered with by Customer, and is there solely for the benefit of MT, and not for the benefit of Customer.

  15. Limitation of Liability. Customer agrees that except to the extent of MT’s gross negligence or willful misconduct, MT shall not be liable for any damages arising from personal injuries or loss, theft, or damage to property or persons sustained by Customer or Customer’s employees, contractors, guests, or invitees as a result of any and all activities related to the rental, operation, or use of Vehicle. Customer assumes full responsibility for any such injuries, losses, or damages. Customer acknowledges that any MT Representative on-site to help with finalizing the rental is not there to serve alcohol or to safeguard individuals or the property of Customer, its employees, contractors, guests, or invitees.

  16. Indemnification. Except to the extent of MT’s gross negligence or willful misconduct, Customer shall indemnify, defend, and hold harmless MT and its employees, contractors, managers, members, and affiliates from and against any and all claims, actions, liabilities, losses, damages, and expenses (including without limitation any traffic or parking citations; charges for towing, immobilization, or storage; costs of judgments, settlements, court costs, attorneys’ fees and expenses; regardless of the outcome of such claim or action), arising from or related to the Customer’s rental and use of the Vehicle, or any failure of Customer to comply with or to perform any of the requirements or obligations of these Terms. Customer waives any claims against MT for incidental, special, or consequential damages in connection with the rental or use of the Vehicle.

  17. Force Majeure. A party shall not be liable for any failure of or delay in the performance of its obligations for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to transportation or carrier delays, shortage of materials, shortage of labor, labor dispute, picketing, strike, unavailability of gasoline, acts of God, acts of a public enemy, storm, flood, earthquake, tornado, hurricane, tsunami, other act of nature, fire, explosion, riot, protest, sabotage, pandemic outbreak, war, civil disturbance, political unrest, terrorist act, embargo, judicial, executive, or other government order.

  18. Authorization. MT and Customer each represent and warrant that they are fully authorized to enter into these Terms.

  19. Assignment. Customer shall not assign or transfer its rights or obligations under these Terms without the prior written consent of MT, which consent will not be unreasonably withheld. MT may assign or transfer its rights and obligations, in full and not in part, to an affiliate of MT or to a party that acquires substantially all the business of MT, without requiring consent of Customer. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of, the parties hereto and their respective successors and permitted assigns.

  20. Notices. All notices required or permitted to be given in connection with the rental and these Terms shall be in writing and shall be deemed to have been given on the date of delivery if delivered in person, by certified mail or other trackable delivery by a recognized courier, and addressed as follows: (a) if to Customer, to the address provided by Customer for the rental, (b) if to MT, to 4418 Cranston Pl, Orlando, Florida 32812.

  21. Governing Law; Jurisdiction; Venue. These Terms and the Rental Order shall be governed by, and construed in accordance with, the laws of the State of Florida. Any action or proceeding arising out of, or based on any right arising out of, these Terms or the Rental Order shall be exclusively brought in the appropriate state or federal court located in Orange County, Florida. The parties waive any argument(s) that such courts constitute an inconvenient or prejudicial forum.

  22. WAIVER OF JURY TRIAL. THE PARTIES HEREBY KNOWINGLY AND WILLFULLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN THE RESOLUTION OF ANY DISPUTE, LAWSUIT, OR OTHER LEGAL PROCEEDING ARISING OUT OF THESE TERMS OR BASED ON ANY RIGHT ARISING OUT OF THESE TERMS. EACH PARTY HAS HAD THE OPPORTUNITY, OR WAIVED THE OPPORTUNITY, TO SEEK LEGAL COUNSEL REGARDING THIS WAIVER AND ALL OTHER PROVISIONS OF THESE TERMS. CUSTOMER FURTHER AGREES THAT, TO THE EXTENT ALLOWED BY LAW, NO CLAIMS WILL BE ASSERTED ON A CLASS-WIDE OR COLLECTIVE BASIS.

  23. Entire Agreement. These Terms, and all Orders issued and accepted hereunder, as well as exhibits or supplements referenced in the Order constitute the entire understanding between Customer and MT, and supersede all prior agreements, arrangements, representations, and communications (whether oral or written) regarding the subject matter hereof.

  24. Amendment. These Terms may not be modified or amended except in writing by both parties.

  25. Construction and Interpretation. The captions in these Terms are inserted only as a matter of convenience and in no way affect the terms or intent of any provision of these Terms. All phrases, pronouns, and other variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the actual identity of the organization, person, or persons may require. No provision of these Terms shall be construed against any party hereto by reason of the extent to which such party or its counsel participated in the drafting hereof. If any term or provision of these Terms shall to any extent be invalid or unenforceable, the remainder of the agreement shall not be affected thereby and shall continue in full force as if the invalid provision never existed. Whenever possible, each part of these Terms shall be interpreted in such a manner as to be valid under applicable law.

  26. Conflict. In the event of any conflict or inconsistency between these Terms and any Order or policies in effect during the Rental Period, the provisions of these Terms shall be controlling.

  27. No Waiver. No delay or forbearance by either party in enforcing any obligation of the other party under these Terms shall be deemed to be a waiver of any rights of such party to enforce these Terms, and no waiver of any provision of these Terms shall be valid unless in writing signed by the party against which such waiver is to be enforced. A waiver of any provision of these Terms on any one occasion shall not constitute a waiver for any other purpose.  

  28. Survival. Any section or provision which for its full and complete fulfillment requires survival of the expiration of these Terms, will so survive.

  29. No Third Party Beneficiaries. These Terms are solely for the benefit of the parties hereto and, to the extent provided herein, their respective officers, managers, members, employees, agents and representatives, and no provision of this these Terms shall be deemed to confer upon other third parties any remedy, claim, liability, reimbursement, cause of action or other right.

  30. Attorney’s Fees and Costs. In the event of any dispute arising under these Terms, whether or not a lawsuit or other proceeding is filed, and at all levels of pre-litigation and litigation, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, including attorneys’ fees and costs incurred in litigating entitlement to attorneys’ fees and costs, as well as in determining or quantifying the amount of recoverable attorneys’ fees and costs. The reasonable costs to which the prevailing party is entitled shall include costs that are taxable under any applicable statute, rule, or guideline, as well as non-taxable costs, including, but not limited to, costs of investigation, court costs, copying costs, electronic discovery costs, telephone charges, mailing and delivery charges, information technology support charges, consultant and expert witness fees, travel expenses, court reporter fees, and mediator fees, regardless of whether such costs are otherwise taxable.

  31. Language Translation. In the event of translation of these Terms into any other language, the English translation shall govern.

  32. Counterparts; Electronic Signatures. The Orders may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.  Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. ESIGN Act of 2000, e.g., www.rightsignature.com, www.docusign.com) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

 

             [END OF TERMS AND CONDITIONS]

Headquarters: Myakka City, FL

Serving: South West, FL

Phone (941)284-8160

info@motortaps.com
Instagram: @MotorTaps

 Phone 941-284-8160

© 2019 by Motor Taps

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