www.LensGiant.com

This Equipment Lease Agreement ("Lease") between LensGiant LLC, ("LensGiant") and current user ("the Customer"), collectively referred to as the "Parties", is made and effective by the Customer clicking on the “Confirm Order” button on the (“LensGiant website”), www.LensGiant.com.  LensGiant desires to lease to the Customer, and the Customer desires to lease from LensGiant, certain tangible personal property (“Equipment”).  By clicking on the “Confirm Order” button, the Customer agrees to be bound by these Terms and Conditions. 

Now, therefore, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows.

Lease

LensGiant hereby leases to the Customer, and the Customer hereby leases from LensGiant, the following described equipment (the "Equipment") shown in the order preview.

Order Acceptance by LensGiant
The Customer’s receipt of an electronic or other form of order summary does not signify LensGiant’s acceptance of the Customer’s order, nor does it constitute confirmation of LensGiant’s offer to rent.  LensGiant reserves the right at any time to accept or decline the Customer’s order or to supply less than the quantity displayed on the order for any reason.  LensGiant reserves the right to refuse any order for any reason.

Right to Lease

LensGiant warrants that LensGiant has the right to lease the Equipment, as provided in the lease.

Lease Term

The “Lease Term” defines the period of time in which the Customer is entitled to use the Equipment, and shall commence on the day the first attempt is made to deliver the Equipment to the address designated as the shipping address on the order (“Commencement date”) and continue for the number of consecutive calendar days ("Rental days”) specified on the order. The rental period “End date” is the date which is the number of rental days after the commencement date.  The Equipment must be return shipped to LensGiant during business hours before or on the rental End Date.  If the shipping company does not accept packages at any time on the End Date, then the Equipment must be shipped on the earliest day after the End Date that the shipping company accepts packages. 

Order Fulfillment

All Equipment from orders containing multiple items will be shipped at the same time if all items are available.  Items that are not available will be shipped as they become available, unless the Customer notifies LensGiant with written alternate instructions.  Items from multiple orders with identical rental terms may be combined into fewer shipments without Customer approval.

Rent

Orders shall be paid in full in advance in the amount specified on the order. Rental extensions shall be paid in full at the time the extension is ordered.  All Equipment must be returned to LensGiant immediately if a charge to the Customer’s credit card is refused.

Shipping

LensGiant shall make a reasonable attempt to deliver the Equipment to a designated shipping company on or before the date requested by the Customer on the order.  No remedy is available to the Customer if LensGiant fails to deliver the Equipment to the shipping company on or before the requested date. 

LensGiant does not make any promise or commitment to the timing of the delivery of the Equipment to the Customer on any specific date, or to the condition or usefulness of the equipment upon delivery.  Transit times and estimated delivery dates may be provided to the Customer from the shipping company via the LensGiant website.  LensGiant bears no responsibility for the accuracy of this information and shall not be held responsible for any consequences caused by this information.

The customer is responsible for all fees associated with shipping the Equipment, whether or not shipping fees are itemized on orders.  LensGiant shall, unless otherwise described on the order, provide a pre-paid return shipping label to the customer.  In any event or circumstance that causes the pre-paid return shipping label to be not usable, including but not limited to the location of the shipping facility, the return shipping label being absent, lost, misplaced, destroyed, or insufficient , the customer is responsible to return the equipment on or before the rental end date and for return shipping fees.  Shipping fees paid directly by the Customer are reimbursed at the discretion of LensGiant. 

Both outgoing and return shipping fees shall be charged to the customer at the time of the initial transaction. 

All shipments require a signature upon delivery to the location designated as the shipping address on the order.  The Customer agrees to provide a signature upon delivery at the shipping address.

FedEx, UPS, and the United States Postal Service may be used to deliver the Equipment to the Customer and for return to LensGiant.  The customer agrees to accept the terms of the shipping company’s policies, which may include returning the Equipment to LensGiant if deemed undeliverable. 

Use

The Customer shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, state, and municipal, laws, ordinances and regulations relating to the possession, use, or maintenance of the Equipment.  Certain venues restrict the usage of certain or all photographic devices.  The Customer shall comply with any restrictions imposed by public or private venues.  The Customer is solely responsible for any penalties incurred through the use of the Equipment.

Repairs and Alterations

The Customer is responsible for the cost of any repairs necessary to correct any malfunction or damage that occur during the Lease Term.  The Customer shall not repair or solicit the repair of the Equipment.  The Customer shall not alter the makeup of the Equipment including but not limited to the physical, mechanical, optical, electrical, logical, or cosmetic makeup.  All repairs to the Equipment shall be made by LensGiant or a LensGiant designate.  At the discretion of LensGiant, the Customer may be charged for the full replacement cost for the Equipment.

Possession and Surrender

Cancellations

Orders may be canceled without penalty to the Customer if the cancellation is received and acknowledged in writing by LensGiant before the order is shipped. 

If LensGiant receives a cancellation request after the order is shipped, the Customer is responsible for a 5 Days Rental fee for each item on the order, plus shipping charges.  Billing adjustments shall be made after the Equipment is delivered back to LensGiant.

Late Returns and Late Fees

If the Customer fails to submit the Equipment for return shipment on or before the rental term End Date, rental fees will continue accrue at the “Daily Rate”, which is defined as one fourth of the 5 Day Rental fee at time of purchase per day, up to the replacement cost of the Equipment. The equipment is considered to be returned when either LensGiant or the shipping company hired by LensGiant provides written or published acknowledgment of possession of the equipment.

Lost or Damaged Equipment

The Customer shall, throughout the Lease Term, and at the sole expense of the Customer, protect the Equipment to maintain good working order and protect the Equipment from loss.

The Customer must notify LensGiant of any shipping damage or other initial defect within 3 hours of accepting delivery of the Equipment.  If no notification is made, the Customer agrees that the Equipment was received completely and in good working order.

In the event that the Equipment is not submitted for return shipment within three (3) days of the Lease Term End Date, LensGiant may declare the Equipment lost and Customer in default. To remedy the loss, LensGiant is fully authorized to submit subsequent charge(s) to the credit card or charge card account submitted with the order for the full retail replacement cost of new like Equipment, applicable sales tax, usage tax, and shipping cost. This option does not limit LensGiant from pursuing other remedies.

To remedy damage, the Customer shall, at LensGiant's option:

(i) Pay to LensGiant to place the Equipment in good repair, condition and working order; or

(ii) Pay to LensGiant the replacement cost of the Equipment.  Replacement cost includes the retail price of new like equipment, applicable sales tax, usage tax, and shipping cost.

LensGiant reserves the right to choose the repair method and venue, within reasonable market value terms. The Customer agrees to be bound by the report of LensGiant's chosen repair venue as to the cause of the damage to the Equipment.

Insurance

The Customer shall be responsible to maintain insurance on the Equipment with losses payable to LensGiant against fire, theft, collision, and other such risks as are appropriate and specified by LensGiant. Upon request by LensGiant, the Customer shall provide proof of such insurance. 

Taxes

The Customer shall keep the Equipment free and clear of any liens or other encumbrances, and shall not permit any act where LensGiant's title or rights may be negatively affected.  The Customer shall be responsible for complying with and conforming to all laws and regulations relating to the possession, use or maintenance of the Equipment. Furthermore, the Customer shall promptly pay all taxes, fees, licenses and governmental charges, together with any penalties or interest thereon, relating to the possession or usage of the Equipment.

In case of failure of the Customer to pay fees, assessments, charges and taxes, all as specified in this Lease, LensGiant shall have the right, but shall not be obligated, to pay said fees, assignments, charges and taxes, as the case may be. In that event, the cost thereof shall be added to the Customer’s financial obligations to LensGiant.

Indemnity

The Customer shall indemnify LensGiant against, and hold LensGiant harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, loss, penalties and liabilities, including reasonable attorney's fees and costs, arising out of, related to, connected with, or resulting from the Customer's use, expected use, of the Equipment, including without limitation the manufacture, handling, transportation, selection, delivery, possession, use, operation, or return of the Equipment during the Term or while the Equipment is in the possession or control of the Customer, or expected to be in the possession or control of the Customer.

Limitation of Liability
The contents of the LensGiant website and the equipment LensGiant delivers are provided "as is." LensGiant makes no representations or warranties, whether express or implied, of any kind about equipment’s accuracy or functionality.  LensGiant assumes no liability or responsibility for any errors or omissions in the content of the LensGiant website, for any failures, delays, or interruptions in the delivery of any content contained on the LensGiant website, for any losses or damages arising from the use of the content provided on the LensGiant web site, or for any conduct by users of the LensGiant website.  To the full extent permissible by law, LensGiant disclaims all representations and warranties about the equipment LensGiant delivers, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement.  In addition, LensGiant does not represent or warrant that the information accessible via the LensGiant website is accurate, complete, or current.  Price and availability information is subject to change without notice.
In no event shall LensGiant be liable to the Customer for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data, or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of any equipment or the information on the LensGiant website.  While LensGiant will make a reasonable effort to return any non-LensGiant property it receives, LensGiant will not be liable for any losses of or damage to such property.  If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Default

If the Customer fails to perform or fulfill any obligation under this Lease, the Customer shall be in default of this Lease. Subject to any statute, ordinance or law to the contrary, the Customer shall have seven (7) days from the date of notice of default by LensGiant to cure the default. In the event the Customer does not cure a default, LensGiant may at LensGiant's option

(a) cure such default and the cost of such action may be added to the Customer's financial obligations under this Lease; or

(b) declare the Customer in default of the Lease.

If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Customer, or if the Customer is adjudged insolvent, or if the Customer makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on the Equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the the Customer is a party with authority to take possession or control of the Equipment, LensGiant may immediately declare the Customer in default of this Lease. In the event of default, LensGiant may, as permitted by law, re-take possession of the Equipment. LensGiant may, at its option, hold the Customer liable for any difference between the Rent that would have been payable under this Lease during the balance of the unexpired term and any rent paid by any successive lessee if the Equipment is re-let minus the cost and expenses of such reletting. In the event LensGiant is unable to re-let the Equipment during any remaining term of this Lease, after default by the Customer, LensGiant may at its option hold the Customer liable for the balance of the unpaid rent under this Lease if this Lease had continued in force.

In the event of litigation to recover any damages, the Customer is held responsible for all court costs and legal fees incurred by LensGiant.

Ownership

The Equipment is, and shall at all times be and remain, the sole and exclusive property of LensGiant, and the Customer shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.                                   

Assignment

Neither this Lease nor any interest therein is assignable or transferable by operation of law.

Binding Effect

The covenants and conditions contained in the Lease shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

Entire Lease

This Lease constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Lease. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified in writing and must be signed by both LensGiant and the Customer.

Cumulative Rights

The rights of LensGiant and the rights of the Customer under this Lease are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.

Severability

If any part or parts of this Lease shall be held unenforceable for any reason, the remainder of this Lease shall continue in full force and effect. If any provision of this Lease is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

The failure of either party to enforce any provisions of this Lease shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. The acceptance of rent by LensGiant does not waive LensGiant’s right to enforce any provisions of this Lease.

Governing Law

This Lease shall be construed and enforced according to laws of Oakland County, Michigan. 

The Customer and LensGiant agree that the United States District Court with jurisdiction for Oakland County, Michigan and/or the Michigan Superior Court with jurisdiction for the County of Oakland Michigan shall have exclusive jurisdiction over any dispute between the Customer and LensGiant relating in any way to the services provided by LensGiant, the LensGiant website, the Equipment, or this Lease.