20120 92a Ave, Langley, British Columbia
THIS EQUIPMENT LEASE ("Lease") is made and effective by "what they click or do to make it effective". By and between EverythingFilmEquipment.com, ("Lessor"), and the current user ("Lessee"). By clicking the "I agree, submit order" button, Lessee agrees to be bound by this Equipment Lease Agreement and all the Terms and Conditions therein, whether or not Lessee has read them. Lessor may at its sole discretion modify these terms and conditions at any time and any modifications shall become effective immediately as posted on this site. By clicking on the "I agree, submit order" button, Lessee indicates acceptance of the modified Terms and Conditions.
NOW, THEREFORE, each party promises hereinafter set forth, the parties hereto agree as follows:
1. Disclaimer
Every effort is made to assure that descriptions and prices displayed are correct. Lessor reserves the right to correct any errors as needed. All prices and availability are subject to change without notice.
2. Lease
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the equipment shown in the preview above ("Equipment"). Lessor reserves the right to refuse or decline leasing Equipment to the potential lessee at Lessor"s sole discretion. Lessor may, at its sole discretion, gather information from third parties regarding the potential lessee's past rental history and creditworthiness.
3. Term
The term of this lease shall commence on the day of the rental period shown on the order receipt. The term of this lease shall expire on the expiration of the term of days shown on the order receipt. The equipment must be returned to the Lessor by the end of business on the last day of the term of the lease.
4. Renewal
Lessee may renew this Lease for additional Rental Periods, with the consent of Lessor. Renewal of this Lease will be linked to Lessee’s original Order but will be invoiced separately. All terms of this Lease apply with the same force during the renewal period.
5. Rent & Deposit
Rent and a deposit, if applicable must be paid in advance or in full before the order leaves our facility with Lessee
6. Late Returns
Late returns are penalized a daily penalty equivalent to each proceeding day past the return date of the term of the lease. Any penalties will be charged to the Lessee's form of payment on file with Lessor.
In the event that the rental is not returned 7 days after the due date and Lessor has been unable to collect the applicable penalties, the equipment will be considered stolen and the Lessee's form of payment will be charged the full replacement value of the Equipment.
If Lessor is unable to collect penalties or the replacement value of the equipment after 7 days, the Lessee shall be considered to be in Default.
Lessor reserves the right to pursue all civil and criminal remedies in the case of the unreturned or lost equipment.
7. Use
Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinances, and regulations in any way relating to the use or possession of the Equipment. This includes in any manufacturer's recommendations, warnings, and instructions as to the safe use of the Equipment.
8. Cancellation by Lessor
Lessor reserves the right to cancel any order, for any reason, at any time before Term occurs.
9. Cancellation by Lessee
Lessee may cancel an order at any time, for any reason up to 24 hours before the start of Term at no cost, Failure to do so will result in a 1 day rental for all equipment Leased charged to your card.
10. Ownership
The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment. Lessor makes no claims to images, video, or sound recordings made by the Lessee while using the Equipment.
11. Used Equipment
Lessee acknowledges that the Equipment may be used gear and maybe
cosmetically flawed. However, Lessor warrants that the Equipment, whether new or used, will be in
proper working condition when leased to Lessee. Should Lessee discover that the Equipment, as
received, is not working properly, Lessee agrees to notify Lessor pursuant to Section 12 of this
Agreement.
12. Damaged or Modified Equipment
• Lessee shall keep the Equipment in good repair and condition.
• Lessee shall not materially modify or alter the Equipment.
• Lessee agrees not to attempt to repair or materially alter the physical or otherwise makeup of the Equipment under any circumstances regardless of fault.
In the event of any material modifications, Lessee will be responsible for all reasonable costs of Lessor in restoring the Equipment to its normal condition.
Lessee assumes and shall bear the entire risk of damage to the Equipment from any cause, except damage in the possession of the Lessor, during the term of the Lease.
Unless pre-existing damage is reported to Lessor within 24 hours after Lessee takes possession of the Equipment, it is assumed any damage to the equipment occurred during the term of the Lease.
If there is a dispute between Lessor and Lessee as to whether damage occurred in possession of the Shipper, the equipment shall be sent to an external repair facility. The opinion of the repair facility, as to the cause of the damage, shall be binding on the parties.
In the event of damage, Lessor shall choose the repair method and venue, within reason.
If Lessor chooses an external venue for repair, Lessee is responsible for the total cost of repair, if commercially reasonable.
Lessor may elect to repair the Equipment in-house. In these cases, Lessee shall be responsible for Lessor’s reasonable expenses for parts and labor.
Lessee’s form of payment shall be charged the amount of repair expenses owed to Lessor. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
At Lessor’s discretion, a cleaning fee may be charged if any of the following must be removed from the equipment upon return:
Smoke
Mud or dirt
Chalk or powder
Sand
Any other matter that must be removed from the Equipment before it is placed back in Lessor’s inventory
13. Loss of Equipment
Lessee assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease.
Lost or Stolen Equipment – In the event that the Equipment is reported by Lessee to be lost or stolen during the term of the Lease, Lessee is liable to Lessor for the replacement value of the Equipment.
Lessor shall charge Lessee’s form of payment the amount owed for replacement of the lost or stolen Equipment.
If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
Unreturned Equipment – If the Equipment is not returned within seven days of the expiration of the term of the Lease, the Lessee shall be liable for the replacement value of the Equipment.
14. Default
In the event of default, all amounts owed by Lessee to Lessor are immediately due.
In the event of default, Lessee shall be responsible for any reasonable expenses of Lessor in attempting to recover the amount owed from Lessee including collection fees and attorney’s fees.
Lessor reserves the right to pursue all available civil and criminal remedies against the lessee, including but not limited to: recovering possession of the Equipment, obtaining from Lessee’s form of payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any civil remedies available. These remedies are not exclusive.
15. Missing Accessories
In the event of any missing accessories (caps, hoods, tripod rings, bags, etc.), Lessee is fully liable to Lessor for the replacement cost of the missing items.
16. Liability
Lessor does not assume, and the customer indemnifies Lessor against any liability or claims resulting from the use or malfunction of the equipment. Lessee assumes all liability that may arise from the use or failure of the equipment.
17. Insurance
Some orders may require that Lessee insure the Equipment for the duration of the Rental Period or provide an authorization hold to be placed on Lessee’s credit card on file in an amount to be determined by Lessor until the Equipment has been returned to Lessor in good working order. Should Lessee choose to insure the Equipment, Lessee shall add Everything Film Equipment as Additional Insureds on Lessee’s insurance policy and provide Lessor with a Certificate of Insurance at the time of the order.
18. Order Acceptance
Your receipt of an electronic or other forms of order confirmation does not signify Lessor’s acceptance of Lessee’s order, nor does it constitute confirmation of Lessor’s offer to rent. Everythingfilmequipment.com reserves the right at any time after receipt of Lessee’s order to accept or decline Lessee’s order or to supply less than the quantity Lessee ordered of any item for any reason.
19. Age
Due to the value of the Equipment Lessor will require a co-signer for anyone under the age of 18. Lessee agrees that anyone allowed under the age of 18 will fall under Lessee's liability.
19. Representations, Warranties, and Agreements.
Lessee has selected the Equipment without relying upon any suggestion or recommendations of Lessor or its employees and Lessee understands and agrees that Lessor assumes no responsibility for the Equipment as being fit for any particular purpose.
20. Severability and Governing Laws
This represents the entire agreement between Lessor and Lessee. If any portion of this agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable.