Equipment Lease Agreement
Photo Rental Source LLC hereby offers to lease to you certain photographic equipment described below. By clicking on the ''Place Order'' button on the photorentalsource.com website, this Equipment Lease Agreement (''Agreement'') is made and is effective by and between Photo Rental Source LLC (''Lessor'') and you (''Lessee'').
Lessee agrees to be bound by the Lease, whether Lessee has read the Lease or not.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:
1. Lease - Lessor agrees to lease to Lessee the photographic equipment specified on the Order Preview page (the ''Equipment''), and Lessee agrees to lease such Equipment from Lessor.
2. Term - The term of this Agreement shall commence the date the equipmemt is picked up locally, when the shipper shows delivery of the Equipment, or one day after the first attempted delivery, whichever is first, and shall end on the last day of the rental period specified on the Order Confirmation. The Equipment must be return shipped to Lessor on the last day of the rental. If the last day is a Postal holiday, a one day extension is automatically granted.
3. Shipping/Delivery - Outgoing and incoming shipping costs for the Equipment are paid for by the Lessee concurrently with the Equipment rental, and include insurance from the shipper. Shipping transit times are estimates, and cannot be guaranteed.
Prepaid return shipping labels included with the Equipment may not be able to be re-created by the Lessor. If any prepaid labels are damaged, destroyed, stolen, or lost, Lessee is responsible for the cost of insured shipping back to Lessor.
Lessor will notify Lessee via email when Equipment has shipped to Lessee, and when the Equipment is received by the Lessor.
4. Rent/Payment - The cost of the Equipment rental shall be paid in advance and in full with a secure form of payment. Pre-paid debit cards will not be considered a secure form of payment.
5. Deposits - A deposit may be required at Photo Rental Source's discretion. The deposit amount will be held during the rental and returned/refunded upon completion of the rental and after items are confirmed to be damage free. Deposit amounts will vary based on the value of the equipment (up to 100% of the equipment value), customer's rental history, and amount of supporting documentation provided by the renter.
6. Late Charges - If Equipment is not returned on the last day of the Term, Lessee will incur daily late charges in the amount of 1/5 of the weekly rental price. Late charges will be charged to the original form of payment. If late return of equipment results in the cancellation of a reservation for another customer then a fee of $100 will be incurred.
7. Cancellations - Lessee must contact Lessor via email to cancel an order. Orders may be cancelled up until the point when Equipment is shipped or delivered in person.
Cancellations made more than 1 day prior to the shipping/pickup date will result in no charge. Cancellations made less than 1 day prior to the shipping/pickup date will incur a charge equal to 1/7 of the one-week rental rate.
Not picking up a reservation with no notice does not qualify as a cancellation and will be charged the full order amount.
8. Loss/Damage - Lessee assumes the entire risk of loss and damage to the Equipment from any cause. No such event shall reduce Lessee's obligation under this Agreement
In the event of damage to, or loss of, the Equipment, Lessee agrees that Lessor may charge Lessee's credit card for the cost of repair or replacement of the damaged or lost Equipment.
Lessor reserves the right to choose the repair method and facility, and Lessor and Lessee agree to be bound by the report of the repair facility as to the cause of the damage and cost of repair for the Equipment.
In the event the Equipment appears damaged upon receipt, Lessee must notify Lessor within 4 hours of receipt of the shipment. Upon notification of suspected damage resulting from shipping of the Equipment, Lessor will direct Lessee to return the Equipment to Lessor. Lessee and Lessor agree to be bound by the report of the manufacturer/repair company as to the cause of the damage and cost of repair.
If Equipment is not return shipped or hand delivered to Lessor at the end of the Term, and no communication is received from the Lessee, it will be deemed to be lost. If Lessee returns the Equipment within 30 days after the end of the Term, then the replacement charge of the Equipment will be refunded to the Lessee and only the late charge (listed above) will be charged.
9. Repairs - If the Equipment should fail during the Term, Lessee shall promptly notify Lessor, and follow Lessor's instructions with respect to the disposition of the Equipment. Under no circumstances shall Lessee repair, or attempt to repair, the Equipment, or send it to a facility for repair.
10. Ownership - The Equipment is the sole and exclusive property of Lessor, and Lessee shall not mortgage, pledge, or encumber the Equipment.
11. Use of Equipment - Lessee shall only use the Equipment in a careful and proper manner and will comply with all laws, rules, ordinances, statutes and orders regarding the use, maintenance, and storage of the Equipment. Lessee will indemnify and hold Lessor harmless from any failure to comply with such obligations.
12. Surrender - Lessee shall be entitled to possession of the Equipment on the first day of the Term. At the end of the Term, Lessee shall surrender the Equipment to Lessor by delivering the Equipment to Lessor in good working condition, excluding normal wear and tear, as it was at the commencement of the Agreement.
13. Insurance - Lessor offers Lessee the option to purchase insurance for unintentional damage to the Equipment. The Determination of whether damage is unintentional and not abuse is at the sole discretion of the Lessor, and any water related damage shall be deemed to be intentional. In the event of damage covered by insurance, Lessee will pay a deductible of 15% of the replacement cost of the Equipment.
14. Limited Liability - Lessor does not assume, and Lessee indemnifies and holds Lessor harmless from, any liability or claims resulting from use or malfunction of the Equipment.
15. Default - If Lessee fails to meet any obligation under the Agreement, Lessor has the right to take immediate possession of the Equipment, charge Lessees credit card for replacement cost of the Equipment, to pursue any legal remedies, and to sue to recover any lost equity or income. If litigation is required to recover damages, Lessee is held responsible for all court cost and legal fees incurred by Lessor.
16. Severability - This Agreement represents the entire agreement between Lessee and Lessor. If any portion of the Agreement is found to be unenforceable, it will not affect the remainder of the Agreement, which shall remain enforceable.
17. Governing Law - The Agreement shall be enforced according to the laws of the State of Texas.