Business Essay #2 / Review Attached File...
C.J. Perry
ada_daba_and_southwest_liabilities.docxAda Daba Rental Policies IDENTIFICATION Proper identification is required. Requirements are based on risk of loss. Some items may require a thumb print and/or CASH equal to list price of rental items
. RATES ALL RATES ARE SUBJECT TO CHANGE WITHOUT NOTICE. All rentals are subject to terms and conditions of the rental agreement. ALL RATES PLUS TAX. Some items may require fuel or purchase of additional sale items at extra cost. Some items may have changed or may no longer be available.
DEBIT CARDS vs VISA/MASTERCARD
We take a deposit equal to 1 days rent on all items per transaction, at the time of pickup. At times an additional security deposit may also be taken.
Using a debit card, the bank charges your bank account immediately for the entire deposit. Banks typically take days and sometimes weeks to credit estimated charges back when actual charges are less - even if it is in the same day. The same could apply if you are close to your credit limit on your credit card. Our customers tend to think that Aba Daba Rents is holding their funds, when in reality it's the customers bank. If you have any questions please call us and we wiil try to further clarify.
Tools and Equipment Rental Policies (see also Party and Event Rental Policies )
DEPOSIT We require a Deposit To Rent most items. We accept most approved Credit Cards, Checks or Cash. RESERVATIONS We accept Reservations to hold rental items for the first hour we are open or during the same day for up to one hour of your call. Should you need to change or cancel your order, we ask for as much advance notice as possible. During peak periods this requirement changes to 100% PAID in advance and a charge will apply without 48 hours notice. Please call us should you have any questions. (916) 484-7368 or Toll Free (800) 292-7368! DELIVERY & PICK UP: Delivery and pickup are available at reasonable rates. Deliveries are made to areas that are immediately accessible to our trucks. Supplemental charges will be billed for deliveries involving excessive off road distance from the Street or Highway. Our Standard delivery times are 8 AM to 4 PM, Monday - Friday. Other delivery services are available through special arrangements. All deliveries require a signature of responsible party upon receipt of inventory . Equipment to be picked up must be ready with keys available (If Required) and in the same place it was delivered. Standby service is also available by prearrangement, at an extra charge. Drivers are not authorized under any circumstances to operate equipment or move client's personal property. CLEANING: All items must be returned in their original condition. A cleaning fee will be charged to all items returned, with concrete, paint or other materials. There will be an additional charge for items requiring refurbishing to return to their original condition. DAMAGE & MISSING ITEMS: WE DO NOT PROVIDE INSURANCE COVERAGE ON RENTAL ITEMS. Customer will be charged the repair or replacement cost for breakage, damaged and missing items including boxes and/or cases. The rental fee is separate from the repair or replacement charge. The damaged parts or inventory is available for pickup at the rental store. All unclaimed items will be discharged after 30 days. Customer responsible to verify all counts, including accessories or attachments, as you will be charged for any missing items. Our counts are final.
Party and Event Rental Policies (see also Tools and Equipment Rental Policies ) LINENS: Table linens will be inspected for damage upon return. The customer will be charged a replacement cost for missing items and damage such as candle wax, burns, tears or unusual stains. All colored linens require a security deposit at the time of reservation. A 10-day advance notice required on all colored linen orders. The customer is also responsible for any missing or damaged crates, boxes, containers, etc. DEPOSIT AND RESERVATIONS: We require a 50% deposit to confirm an order; we accept most approved credit cards, checks or cash. To change or cancel your order, we must be notified at least 72 hours in advance of the delivery to avoid additional charges. During peak periods (Nov. - Jan. and May - June) this requirement changes to 100% in advance and a charge will apply without 30 days notice. Please call us should you have any questions. Site inspections are available, please call for information (916) 484-7368 or Toll Free (800) 292-7368! DELIVERY & PICK UP: Delivery and pickup are available at reasonable rates. Deliveries are made to a loading dock, door or garage that is immediately accessible to our trucks. Supplemental charges will be billed for deliveries involving stairs, elevators and excessive distance from the truck. Our standard delivery times are 8 AM to 4 PM, Monday - Friday. Other delivery services are available through special arrangements. All deliveries require a signature of responsible party upon receipt of inventory. Equipment must be re-stacked and ready for pickup in the same place it was delivered. Setup and breakdown service is also available by pre-arrangement, at an extra charge. Drivers are not authorized under any circumstances to move client's personal property. CLEANING: All glass, china, and silverware must be rinsed and returned to their original containers. A 30% cleaning fee will be charged to all items returned dirty. A separate cleaning charge of $35.00 will be charged for all barbecue grills not returned clean. Please discard coals and ashes prior to return or pickup.
SOUTHWEST AIRLINES, CO. CARGO CONTRACT OF CARRIAGE
LIMITS OF LIABILITY
A. The liability, if any, of Carrier, its contractors or subcontractors for loss, damage, or delay of any Shipment or part thereof, in addition to the guarantees as set forth in Section 33 below, is limited to the reasonable amount of actual damages, but in no event shall be greater than the declared value of the Shipment determined in accordance with Section 16, provided Shipper has exercised reasonable effort to mitigate damages. IN NO EVENT SHALL CARRIER, ITS CONTRACTORS OR SUBCONTRACTORS BE LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES. Reimbursement for lost or damaged Shipments shall be determined by the documented original purchase price of the Shipment, less any applicable depreciation for prior usage or age of the contents of the Shipment. B. By tendering a Shipment to Carrier, its contractors or subcontractors for carriage, Shipper, for itself, and on behalf of all other parties having an interest in the Shipment, waives all claims for damages beyond the limitations set forth in this Contract of Carriage, and affirms that the description of the Shipment as set forth on the Air Waybill is complete, true, and correct, and that the Shipment is not of a nature unsuitable for carriage by air or hazardous to the Shipment itself, to other Shipments, to Carrier's equipment, or to Carrier. C. In no event will Carrier, its contractors or subcontractors be liable for damages arising from Shipper’s failure to receive or delay in receiving C.O.D. amounts collected by Carrier, its contractors or subcontractors. Under no circumstances will the Carrier, its contractors or subcontractors be liable, if a form of payment for a C.O.D. amount proves to be counterfeit, be forged, or is dishonored for any reason.
B. EXCLUSION FROM LIABILITY A. In no event will Carrier, its contractors or subcontractors be liable for any loss, damage, or delay in delivery of any Shipment or portion thereof caused by or related to: • Acts of God, public enemies, public authorities acting with actual or apparent authority, perils of the air, authority of law, quarantine, riots, strikes, civil commotion or hazards, acts of terrorism, or dangers incident to a state of war; • Acts or omissions of Shipper or Consignee; • The nature of the Shipment, or any defect, characteristic, or inherent vice thereof; • Violation by Shipper, Consignee, or any party claiming an interest in the Shipment of any of the provisions contained in this Contract of Carriage, including, but not limited to, improper or insufficient packing, securing, marking, or addressing, and failure to observe any of the provisions relating to Shipments which are not acceptable or Shipments which are conditionally accepted; • Tripped shock, orientation, and/or temperature indicators; • Acts or omissions of warehousemen, customs, or quarantine officials, or persons other than Carrier gaining lawful or unlawful possession of the Shipment; • Compliance with delivery instructions of Shipper or Consignee, or non-compliance with special instructions of Shipper or Consignee not authorized by Contracts of Carriage; OR • Failure to provide notification upon arrival of Shipment. B. Carrier shall not be liable for any loss, damage, deterioration, destruction, theft, pilferage, delay, default, mis-delivery, non-delivery, or any other result not caused by the actual negligence of Carrier. For purposes of this paragraph, any agent, employee, or representative of any other airline or service organization shall not be construed to be the agent, employee, or representative of Carrier.
C. Carrier shall not be liable for any loss, damage, or delay in delivery of Shipments of bills of exchange, bullion, currency, furs, fur clothing, fur-trimmed clothing, gems (cut or uncut), gold bullion (coined or uncoined), jewelry (other than costume jewelry), money, platinum, precious metals, silver bullion (coined or uncoined), and similar articles or commodities enclosed in or shipped and described on the Air Waybill as baggage, luggage, or personal effects or with any other term not reasonably calculated to disclose the unique nature and/or special value of the Shipment involved.
D. Carrier shall not be liable in any event for any consequential or special damage arising from carriage of Shipments subject to this contract of carriage, whether or not Carrier had knowledge that such damage might result and whether or not such damage may have been foreseeable.
E. Carrier shall not be liable for any loss, damage, or delay to any Shipment which is inadequately described or mis-described on the Air Waybill.
F. Carrier shall not be liable for any loss, damage, or delay in delivery of any Shipment whose contents are not specifically described on the Air Waybill or which are otherwise shipped without the actual knowledge and consent of Carrier; provided however, that Carrier shall not have any liability with respect to any Shipment listed in Section 6 as not acceptable, whether or not such Shipment is described on the Air Waybill or otherwise shipped with Carrier's knowledge and consent.
G. Carrier shall not be liable for any loss, damage, or delay in delivery of any Shipment, which is covered by any valid and collectible policy of insurance. 27.
LIABILITY FOR RATES AND CHARGES
Shipper and Consignee shall be liable, jointly and severally, for all unpaid charges, declared or undeclared, payable on account of any Shipment pursuant to this Contract of Carriage including, but not limited to, sums advanced or paid by Carrier on account of such Shipment. 28.
INDEMNIFICATION
Shipper and Consignee shall be jointly and severally liable to indemnify and hold harmless Carrier for and against all claims, fines, penalties, damages, cost, expenses, attorney’s fees, or other costs incurred, suffered, or paid by Carrier as a result of any violation by Shipper or Consignee of any of the provisions contained in this Contract of Carriage or any other default of Shipper or Consignee with respect to any Shipment. 29.
CARRIER'S LIEN
Carrier shall have a lien against Shipments for all unpaid charges due and payable to Carrier for carriage of such Shipments pursuant to Section 27. 30
NOTICE AND DISPOSITION OF PROPERTY
A. When a Perishable Shipment is delayed in the possession of Carrier, or is unclaimed, refused, or threatened with deterioration, Carrier shall have the right to immediately take such action as it deems reasonably necessary for the protection of Carrier and other parties ininterest, including the sale or other disposition of such Perishable Shipments, absent instructions of Shipper to the contrary.
B. When a non-Perishable Shipment remains unclaimed or is refused, Carrier shall have the right to hold the Shipment subject to storage (as provided in Section 19) and to dispose of the Shipment or any part thereof at public or private sale at any time following the expiration of thirty (30) days following written notice to Shipper or Consignee at the address indicated on the Air Waybill.
C. In the event of non-payment of any sums payable to Carrier pursuant to this Contract of Carriage, Carrier shall have the right to hold the Shipment subject to storage (as provided in Section 19) and to dispose of the Shipment or any part thereof, at public or private sale, without notice to Shipper or Consignee, paying itself out of the proceeds of such sale all sums due and payable, including any applicable storage charges.
D. No sale or disposal pursuant to this section shall discharge any liability or lien to any greater extent than the proceeds thereof, less selling expenses, if any, and Shipper and Consignee shall remain jointly and severally liable for any deficiency.
ASSIGNMENT OF CLAIM/SUBROGATION
A. In the event Carrier is liable to Shipper for any claim, upon discharge of such liability, Carrier shall be subrogated to any rights Shipper, Consignee, or any other party with an interest in the Shipment may have to proceed against any other person or party who is, or may be, liable.
B. Shipper hereby expressly assigns such rights to Carrier, which rights shall include, but not be limited to, the right to make claim against any insurance policy which may have provided coverage for the liability to Shipper.
Southwest Airlines Lost Baggage
Checked baggage will be screened and is subject to physical inspection as mandated by the TSA. Customers may be required to present identification. Regulations require name identification on the outside. We recommend placing identification on the inside of the baggage, too. Name labels are available at Southwest Airlines ticket counters. Once you've checked your luggage, make sure you receive a separate claim check for each piece of baggage you've checked. Check to make sure that the city shown on the claim check(s) matches your final destination.
Southwest Airlines currently prohibits self-defense sprays on any flight regardless if it is checked or carried on.
Please see the TSA's web site for a list of prohibited items .
Southwest allows two (2) checked pieces of baggage per ticketed Customer. Size and weight limitations apply.
Effective for tickets purchased on or after December 15, 2012, for travel on or after February 13, 2013, the 3rd checked bag and any bag thereafter is $75 per piece.
For tickets for travel before February 13, 2013, or for tickets purchased prior to December 15, 2012, your 3rd through 9th bag or item will incur a charge of $50 per piece, and any bag or item thereafter will be $110 per piece.
Maximum weight is 50 pounds and maximum size is 62 inches (length + width + height) per checked piece of luggage. Effective for tickets purchased on or after December 15, 2012, for travel on or after February 13, 2013, overweight items from 51 to 100 pounds and oversized items in excess of 62 inches but not more than 80 inches (e.g.; surfboards, bicycles, vaulting poles) will be accepted for an overweight and oversize baggage fee of $75 per item. For tickets for travel before February 13, 2013, or for tickets purchased prior to December 15, 2012, overweight and oversize baggage fee is $50 per item. Any item weighing more than 100 pounds must be shipped as Air Cargo. However, Customers cannot use SWA Cargo unless classified as a Known Shipper as defined by the TSA or TSA approved Indirect Air Carriers (IAC). For full details about shipping cargo, visit www.swacargo.com.
Exception: Military Passengers traveling on active duty or permanent change of station orders will be exempt from the two-piece Baggage limit and will not be subject to excess, oversize, or overweight Baggage charges, provided that none of the pieces of Baggage exceeds 100 pounds in weight and 80 inches in size (outside length plus height plus width).
Southwest Airlines' liability for lost, damaged, or delayed baggage is limited to $3,400.00 per fare-paying Customer.
Damaged or lost baggage must be reported, in person, within four hours of Customer's arrival at destination.
Improperly packed and/or fragile items will be accepted subject to limited release and Southwest will not be responsible for any damage to items that are accepted with Limited Release.
Please see important information regarding checking assistive devices .
When checking baggage, allow sufficient time for it to be placed on your flight. Baggage checked at curbside or at the ticket counter less than 45 minutes before scheduled departure will be tagged with a Late Check-In Tag.
Although every effort will be made to get late checked baggage on your flight, in the event your baggage does not arrive with you at your destination, Southwest will not assume delivery charges to get your baggage to you.
If any portion of your itinerary contains an international flight and you plan to check luggage, you will be required to do so at the Southwest Airlines Ticket Counter upon arrival at the airport. You cannot checkin or check luggage at the curbside if traveling on an international itinerary. For flights departing Aruba, the minimum checkin time for Passengers (with or without checked baggage) is at least 75 minutes before scheduled departure. For all other international flights, passengers and their baggage must be checked in 60 minutes prior to the scheduled departure. Passengers who do not meet this checkin time will not be permitted to check in or board the flight. Connecting passengers must claim all luggage, regardless of final destination, upon arrival in the U.S. After clearing Customs, connecting passengers will then be required to re-check all checked luggage with a Southwest Airlines Customer Service Agent before proceeding to connecting flight(s).
