Rental Agreement Content
This Equipment Lease Agreement ("Lease") between LensGiant LLC, ("LensGiant") and current user ("Customer"), collectively referred to as the "Parties", is made 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 checking the box labeled "I accept rental agreement terms", and then clicking on the "Place 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.
LensGiant hereby leases to the Customer, and the Customer hereby leases from LensGiant, the following described equipment (the "Equipment") shown in the order preview.
2. Order Acceptance by LensGiant
An order is a request by the Customer to formulate a lease agreement with LensGiant. The Customer receipt of an electronic or other form of order summary does not signify LensGiant's acceptance of the Customers order, nor does it constitute confirmation of LensGiant's offer to rent. All information provided by the Customer is subject to verification. LensGiant reserves the right at any time to accept or decline an offer to enter into a lease agreement or to supply less than the quantity displayed on the order for any reason. The customer must create an account with LensGiant and maintain electronic access credentials to submit orders, receive information, and maintain a Designated Payment Method.
3. Right to Lease
LensGiant warrants that LensGiant has the right to lease the Equipment, as provided in the lease.
4. Use Term and Lease Term
The "Use Term" defines the period of time in which the Customer is entitled to use the Equipment, and shall commence on the ("Start date"), continues for the number of consecutive calendar days ("Length of Rental") specified on the order, and ends on the ("Return Date") as specified on the order. The equipment must be either delivered directly to LensGiant or delivered to a delivery agent on or before the Return Date.
The "Lease Term" defines the period of time when the Customer is responsible for the well being Equipment, and shall commence when the Customer takes delivery of the Equipment until the Equipment is in possession of LensGiant. The Customer's responsibility does not end when the Equipment is turned over to a delivery agent; the Customer is responsible for the safe delivery of the Equipment to LensGiant. The obligations of this Lease shall continue in full force and effect through the Use Term, while the Equipment is in transit to LensGiant, and until all remaining balance due for loss or damage is paid in full. All returned items become the property of LensGiant. LensGiant is under no obligation to return the property. Unclaimed property will be discarded after 30 days.
Rent for the initial Lease Term shall be paid in advance in full in the amount specified on the order. The Customer will submit a Designated Payment Method with the order which may be a credit card, debit card, or charge card. The Customer authorizes LensGiant to submit charges to the Designated Payment Method for any and all rent, late fees, processing fees, reimbursements for damage, repair, cleaning, camera shutter activations, or loss of equipment. No additional authorization is required from the Customer prior to the submission of charges. The Customer agrees to pay rent and processing fees for all additional days beyond the original Lease Term at the rental rate shown on the order until the equipment is received by LensGiant or until compensation for non-returned equipment is paid in full. The schedule for future charges will be provided by LensGiant on the Order, and may be reviewed by the Customer by accessing the Customer's online account. LensGiant may submit subsequent charges at any time after the Return Date of the original Lease Term. Once the order is shipped, the Customer recognizes that they are contractually bound to LensGiant for all fees and reimbursements. It is further understood and agreed that payments cannot be revoked or reversed in any manner by the Customer. Rental extensions and payment terms may be granted by LensGiant on a case by case basis. Authorization to use equipment is granted upon completed collection of rental fees. All Equipment must be returned to LensGiant immediately if a charge to the Customer's payment method is not valid. Camera body usage is limited to 500 shutter activations per rental day. Additional activations will be billed at $0.05 each.
6. Order Fulfillment
All Equipment from orders containing multiple items will be packaged together and delivered to the Customer simultaneously. Delays may be incurred if items are not available during the time frame requested by the Customer. Items from multiple orders with identical rental terms may be combined into maximize delivery efficiency without Customer approval.
The Customer may pick up orders directly form LensGiant, or they may request to have orders shipped. LensGiant may, at the sole discretion of LensGiant, ship orders to an address designated as the shipping address on the order using commercial shipping companies.
LensGiant will make a reasonable attempt to schedule delivery of orders on the Delivery Date requested by the Customer. The Customer agrees to pay additional shipping charges when necessary so that delivery can be scheduled for the Delivery Date. Because the transport and delivery of orders is not conducted by LensGiant, 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 or electronic mail. LensGiant bears no responsibility for the accuracy of this information and shall not be held responsible for any consequences caused by this information. LensGiant reserves the right to alter actual shipping location, which may include a hold location for customer pick up.
The Customer will not redirect orders to other addresses after an order has shipped without written permission from LensGiant. If the Customer redirects the package to a different address, the Customer in considered to be in possession of the Equipment immediately and will reimburse LensGiant for the full replacement cost of the equipment if it is lost and the package is not received by the Customer.
All shipments from LensGiant to the shipping address require a signature upon delivery. The Customer agrees to provide a signature upon delivery at the shipping address.
The Customer is in possession of the equipment, and fully responsible for the equipment, from the time the equipment is either picked up by the Customer from LensGiant or delivered to the location at the address supplied by the customer as the shipping address, excluding apartment or unit numbers, until the equipment is received by LensGiant. The Customer is in possession of the Equipment when the customer or a person or entity associated with the shipping address signs for the delivery of the equipment or takes possession of the equipment, including but not limited to family members, roommates, doormen, rental offices, mail rooms, or any other person at the shipping address.
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.
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 shall use the Equipment in a careful and proper manner consistent with the designed intent of the Equipment, 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. The Customer shall not modify or disassemble the Equipment. The Customer shall not lease or sell the Equipment to any person or entity.
On or before the Return Date, the Customer shall surrender the Equipment to LensGiant or a shipping agent, including all accessories, attachments, instruction guides and manuals, by delivering the Equipment to LensGiant or a shipping agent in good condition and working order, ordinary wear and tear excepted, as it was at the commencement of the Lease. All packaging material delivered with the Equipment is the property of LensGiant and the customer will be returned to LensGiant. The Customer will pay a replacement fee if packaging materials are not returned.
The Customer assumes all risk associated with shipping the Equipment to LensGiant including loss and damage. The customer is responsible for all fees associated with shipping the Equipment to LensGiant whether or not shipping fees are itemized on an order.
The Customer will obtain a written receipt that includes a time stamp and a tracking number from the shipping agent or from LensGiant as proof that the Equipment is surrendered. The Customer will not surrender the Equipment to a shipping facility or agent that cannot or will not produce a written receipt. The Customer will not deposit the Equipment in self-service shipping receptacles (drop-boxes).
LensGiant may offer to sell a pre-paid return shipping label to the Customer. The Customer is under no obligation to purchase a pre-paid return shipping label from LensGiant. LensGiant offers pre-paid shipping labels as a convenience to the Customer, and the purchase of such does not transfer any responsibility for the well being and/or safe delivery of the Equipment to LensGiant. 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 a 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 Return Date and for return shipping fees. The Customer is not obligated to use a shipping label purchased from LensGiant. The Customer may purchase a shipping label directly from FedEx, UPS, or the US Postal Service, complete with shipping insurance and options desired by the customer. The Customer agrees to accept the terms of the shipping company's policies. LensGiant will reimburse the customer for unused shipping labels purchased from LensGiant.
No shipping insurance is provided by LensGiant. Shipping labels purchased by the Customer from LensGiant for the transport of the equipment from the Customer to LensGiant have no associated insurance for the contents of the shipping container. Shipping insurance must be supplied by the Customer.
Notification of a shipping container being received by LensGiant is not an acknowledgment that LensGiant is in possession of the equipment and accessories, nor to the condition of the equipment. LensGiant reserves the right to delay acknowledgment of the return of the equipment until the contents of shipping containers have been examined. LensGiant retains ownership and copy write of all images produced by the equipment after the end date of the rental Use Term.
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. The Customer shall not lease or sell the Equipment to any person or entity.
12. Repairs and Alterations
The Customer is responsible for the cost of any repairs necessary to correct any malfunction or damage that occurs 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.
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 3 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. Deliveries refused by the Customer are considered cancellations.
14. Late Returns and Late Fees
Rental fees will continue to accrue on a daily basis at the same rate as shown on the original order, excluding special promotions or discounts, until time stamped on the return receipt, the Equipment is directly delivered to LensGiant by the Customer, or until reimbursement is paid in full for non-returned Equipment. The time and date stamp on the return receipt provided by LensGiant or a shipping agent will be used to determine the time of return. The Customer agrees to collect a receipt that displays time, date, and tracking number from the shipping agent as evidence of return.
15. Lost or Damaged Equipment
The Customer agrees to reimburse LensGiant LLC for loss and/or damage. In the event of any loss or damage to the Equipment, the Customer shall contact LensGiant on the day the issue occurred and provide an accurate description of the loss or damage and the circumstances of its occurrence. The Customer shall call 248-974-4108 and leave a message if necessary, and shall send an email a message to [email protected]. The notifications do not need to be placed during business hours. Furthermore, in the event of the loss or theft or mysterious disappearance of any camera or lens, the Customer will file a report with their local police department and forward a copy of the report to LensGiant within 2 days of the discovery of the disappearance. The Customer will provide a description of the item(s), their corresponding serial number(s), and the circumstances of the disappearance to the police. The serial numbers are supplied to the customer as part of the order fulfillment process, and may be obtained upon request from LensGiant Customer Support.
The Customer is responsible for the safe and complete delivery of the Equipment to LensGiant. The Customer will reimburse LensGiant for Equipment lost during transit to LensGiant.
In the event that the Equipment is not submitted for return shipment within three (3) days of the Return Date, LensGiant may declare the Equipment lost and Customer in default.
To remedy damage, loss, or non-returned equipment, the Customer shall, at LensGiant's option, perform any or all of the following:
(i) Pay to LensGiant the cost to place the Equipment in good repair, condition, and working order.
(ii) Pay to LensGiant the replacement cost of the Equipment. Replacement cost includes the current retail price of new like equipment, applicable sales tax, usage tax, and shipping cost.
(iii) Pay to LensGiant up to $25 for shipping and handling costs associated to the repair of the Equipment.
(iv) Pay to LensGiant up to $250 reimbursement for business disruption if damage is not reported to LensGiant by the Customer within the time frame specified above.
(v) Pay to LensGiant rental fees. Rental fees accrue at the rate shown on the order, excluding promotions or discounts, until the equipment is returned or reimbursement for lost equipment is paid in full.
(vi) Pay to LensGiant any and all costs incurred to collect non-returned equipment and/or reimbursements through third party agencies including but not limited to debt collection agencies, private investigation agencies, repossession agencies, or courts of law.
Payment for damage or loss is due on the Return Date.
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.
16. Damage Waiver
A Damage Waiver may be offered to the Customer at the discretion of LensGiant. Purchase of the damage waiver is optional. Proof of purchase is displayed on the order invoice. Each damage waiver applies to a specific individual rental item, not to all items on an order. The damage waiver limits the Customer's obligation to pay LensGiant for accidental damage incurred during normal usage of the equipment to 10% of the replacement cost of the equipment. Replacement cost includes the retail purchase price, sales tax, shipping cost, and usage tax.
If the Customer does not purchase the Damage Waiver, the Customer will pay LensGiant up to 100% of the Replacement Cost of the equipment for accidental damage.
The damage waiver does not limit the customer's obligation to pay LensGiant for:
(i) Equipment that is not returned to LensGiant for any reason.
(ii) Damage caused by negligence. All damage caused by water, foreign matter such as sand, intense sunlight, and failure to use reasonable care to protect the equipment is considered negligence.The Customer remains obligated to reimburse LensGiant for all damage to equipment incurred while photographing a solar eclipse.
(iii) Damage incurred while the equipment is in the possession of a third party.
(iv) Damage incurred while the equipment is mounted to moving vehicles, aircraft, parachutes, helmets, or using the equipment in environments where there is a risk of damage due to impact, shock, heat, fire, explosion, dirt, dust, or water.
The damage waiver is in effect from the Start Date through the Return Date of the Use Term and damage must be reported during the Use Term.
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. LensGiant does not provide insurance coverage against fire, theft, collision, or loss.
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.
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.
20. 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.
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 declare the Customer in default of the Lease and cure such default. The cost of such action may be added to the Customer's financial obligations under this 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.
Neither this Lease nor any interest therein is assignable or transferable by operation of law.
23. 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.
24. 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 modifications must be signed by both LensGiant and the Customer.
25. 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.
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.
January 1, 2011