Rental & Service Agreement

By making the order, you, the Customer (as defined below) agree and acknowledge that has read, understands, accepts full responsibility for and is bound by the terms and conditions contained in this Rental & Service Agreement (as defined below), which also consists of any optional products or services purchased by Customer in connection with this rental and the Reservation Details (as defined below) hereof for the Rental Period (as defined below).

“Rental & Service Agreement” means this Online Rental & Service Agreement, including the Reservation Details. “Pestamajlis” means Pestamajlis, pestamajlis.com and any of the Vendors that list their items on pestamajlis.com.  Any mention and terms that apply to Pestamajlis will apply to Pestamajlis’ Vendors whether mentioned specifically or not.  “Rentals” means any one or more of the items identified in the Reservation Details and any accessories, attachments or other similar items delivered/picked up to/by Customer. “Service” means event related service such as photography, manpower, event planning that is not involve items. “Customer” means the person or entity identified as such in the Reservation Details or any representative, agent, officer or employee of Customer. “Rental Period” means the period of time between the date “From” and date “To,” set forth in the Reservation Details. “Reservation Details” means the Equipment, Rental Period, Delivery Information, Payment Information and other information set forth on the Confirmation/Order Summary. “Credit Card” means the credit card provided by Customer as part of this Rental Agreement.

Any individual agreeing to this Rental & Service Agreement represents and warrants that he or she is of legal age, and has the authority and power to sign this Rental & Service Agreement on behalf of Customer.

Each vendor’s cancellation policy is governed by Pestamajlis’ policy. You can review our complete cancellation policy at Pestamajlis Cancellation & Refund Policy.

It is the customer’s responsibility to thoroughly read and understand both the  Pestamajlis’ cancellation policies before making any bookings. By proceeding, the customer agrees to the terms in the Pestamajlis Cancellation & Refund Policy. 

Customer agrees to return all Rentals in good condition. Items must be returned cleaned, packed, or otherwise in the same condition, packaging or order as received or Customer agrees to be deducted from the security deposit as deemed necessary by the Vendor. If the Property is not returned in good condition on the Return Date, prorated rental fees continue on a daily basis along with any late fees as deemed necessary by the Vendor.

Customer has selected the Rentals or/and Services according to their own specifications. PESTAMAJLIS AND VENDORS MAKE NO WARRANTY THAT THE PROPERTY IS SUITABLE FOR RENTER’S PARTICULAR PURPOSE.

Customer acknowledges that Customer will inspect the Rentals prior to taking possession thereof, and Customer will only accept delivery of the Rentals if Customer determines that the Rentals are in good working order and repair, and is suitable for Customer’s needs.  Customer acknowledges that Customer is familiar with the proper operation and use of each Rental item. Customer acknowledges that, prior to taking possession of the Equipment, Customer will obtain and read all available instructions for each item of the Rentals.

Pestamajlis and it’s Vendor’s reserve the right to require a security deposit for any of their Rentals or/and Services.  Pestamajlis shall have the right to use all or part of any security deposit given by Customer to remedy any default by Customer or to compensate Pestamajlis or/and Pestamajlis Vendors for damage to the Rentals.

In no event shall Pestamajlis or Pestamajlis Vendors be liable or responsible to Customer or any other party for: (i) any loss, damage or injury caused by, resulting from or in any way connected with the Rentals or the Services, its operation or its use, (ii) Pestamajlis Vendors failure to deliver the Rentals as required hereunder, or Pestamajlis Vendors failure to repair or replace non-working Rentals; (iii) or any incidental, consequential, punitive or special damages. Customer acknowledges and assumes all risks inherent in the operation, use and possession of the Rentals from the time the Rentals are delivered to Customer until the Rentals are returned to Pestamajlis Vendor and will take all necessary precautions to protect all persons and property from injury or damage from the Rentals.

Customer will not use or allow anyone to use the Rentals: (i) for an illegal purpose or in an illegal manner; (ii) without a license, if required under any applicable law, (iii) or who is not qualified to operate it. Customer agrees, at Customer’s sole expense, to comply with all applicable municipal, state, and federal laws, ordinances and regulations which may apply to the use of the Rentals.  Customer agrees to: (i) clean and visually inspect the Rentals daily; (ii) and immediately notify Pestamajlis’ Vendor when Rentals needs repair or maintenance and cease using the Rentals. Customer acknowledges that Pestamajlis has no responsibility to inspect the Rentals while it is in Customer’s possession. Pestamajlis’ Vendor shall have the right to replace the Equipment with other reasonably similar equipment at any time and for any reason.

PESTAMAJLIS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE RENTALS OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER’S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS RENTAL AGREEMENT, PESTAMAJLIS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL TRANSACTION.

Reasonable wear and tear of the Rentals shall mean only the normal deterioration of the Rentals caused by ordinary and reasonable use on a single event basis. The following shall not be deemed reasonable wear and tear: (i) damage resulting from improper use (ii) any damage resulting from transportation or cleaning (iii) any wear resulting from use in excess of the event for which rented; (iv) and any other damage to the Rentals which is not considered ordinary and reasonable in the equipment rental industry.

Customer agrees that if the Rentals are not returned by the end of the Rental Period, Pestamajlis and Pestamajlis Vendors, at their discretion, may require Customer to do any of the following: (i) continue to pay the rental rate(s) applicable to the Rentals as specified in the Reservation Details; (ii) for periods less than 24 hours, pay the full daily rental rate applicable to the Rentals; (iii) or pay any increased rental rate(s) in effect at the time of, or after, the expiration of the Rental Period. Customer agrees that Pestamajlis reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to late return of Rentals.

The Rental Period commences at 12:00 am of the Start Date listed in the Order Summary and Receipt and ends at 11:59 pm of the End Date listed in the Order Summary and Receipt.  Rental charges do not include (unless otherwise noted) the cost of any applicable taxes, the cost of the Delivery and Pickup Service Charge, transportation surcharges, or other miscellaneous charges. If Customer chooses to have Pestamajlis Vendors deliver and pick up the Rentals, Customer agrees to pay a Delivery and Pickup Service Charge.  Rental rates are for normal “one event” usage based on an event that lasts no longer than 8 hours. Customer’s right to possess the Rentals terminates on the expiration of the Rental Period and retention of possession after this time is a material breach of this Rental Agreement.

All amounts due hereunder shall be payable in full at the time of order by Customer. Customer agrees that Pestamajlis reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to late or past due payment(s) or rental charges.

Customer shall not sublease, subrent, assign or loan the Rentals without first obtaining the written consent of Pestamajlis and Pestamajlis’ Vendors, and any such action by Customer, without Pestamajlis Vendor written consent, shall be void.

If Customer is unable to timely meet any of its obligations to Pestamajlis under this or any other agreement, or if the Rentals are levied upon or seized, Customer shall immediately notify Pestamajlis Vendor and Pestamajlis Vendor may pursue whatever remedies it has under the law or in equity. Customer hereby authorizes Pestamajlis Vendor to enter the premises upon which the Rentals is located to take possession and remove all of the Rentals from such site without court order or other process of law and to use what force is reasonably necessary to remove such Rentals. Customer hereby waives any and all claims or damages occasioned by such entry or removal. All amounts past due shall bear interest at the maximum rate permitted by law.

The Property is the sole and exclusive property of Pestamajlis’ Vendors.  Customer has no right, title or interest therein, except as set forth in this Agreement. Customer will not alter ownership markings on the Rentals. Customer will keep the Rentals free from the claims of third parties.

If either party shall retain legal counsel or bring an action against the other for matters arising from or related to this Rental and Service Agreement, the unsuccessful party shall pay to the prevailing party reasonable attorneys’ fees and other costs incurred, in addition to any other relief to which it may be entitled. Customer agrees to pay all attorneys’ fees and costs incurred by Pestamajlis’ Vendor in enforcing its rights against third parties, regardless of whether litigation is commenced.

These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever arising out of or relating to these Terms of Service against or relating to Pestamajlis or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Malaysia in accordance with the Arbitration Rules of the Asian International Arbitration Centre (Malaysia) (“AIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD PESTAMAJLIS, AND ANY OF ITS RESPECTIVE OFFICERS, VENDORS, AGENTS, SERVANTS, OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION, USE, POSSESSION OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST PESTAMAJLIS AND/OR IT’S VENDORS BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY PESTAMAJLIS AND/OR IT’S VENDORS FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF EVENTLYSTAND/OR IT’S VENDORS. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE RENTAL AGREEMENT.