LENS RENTALS CANADA RENTAL AGREEMENT
This Equipment Lease Agreement ("Lease") is made and effective through payment of the rental invoice, by and between Lens Rentals Canada, ("Lessor") and current user ("Lessee"), collectively referred to as the "Parties"
Lessor desires to lease to Lessee, and Lessee desires to lease from Lessor, certain tangible personal property.
Now, therefore, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows.
Lessor hereby leases to Lessee hereby leases from Lessor, the following described equipment (the "Equipment") shown in the order.
The term of this Lease shall commence on the start date described in the order shall expire on the finish date shown in the order.
A) Lessor shall be responsible for shipping the Equipment to Lessee's premises, via shipping mode of Lessor's choice.
B) Lessor cannot guarantee when delivery of the Equipment will arrive.
C) Both the outbound (from Lessor to Lessee's premises) and inbound (from Lessee back to Lessor) shipping charges for Equipment will be paid in advance and in full.
4. Rent and Deposit
The rent for the Equipment shall be paid in advance in full.
Lessee shall only use the Equipment in a careful and proper manner and will comply with all national, provincial, municipal, police and other laws, ordinances and regulations in any way relating to the possession, use, maintenance or storage of the Equipment.
A) Lessor shall keep the Equipment in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the Equipment in good mechanical working order.
B) Lessee shall not repair or alter the Equipment in any way.
7. Right to Lease
Lessor warrants that Lessor has the right to lease the Equipment, as provided in this Lease.
10. Lost or Damaged Equipment
Lessee will at Lessee's sole expense keep and maintain the Equipment in good working order during the Lease Term. In the event the Equipment is lost or damaged beyond repair, Lessee shall pay to Lessor the replacement cost of the Equipment; in addition, the obligations of this Agreement shall continue in full force and effect through the Lease Term.
Equipment will be deemed to be "lost" when Lessee has failed to return the Equipment to Lessor within seven (7) days of expiration of Term. Late returns are subject to a fee of one fifth of the 7 day rate per day. After thirty (30) days, Lessee will pay to the Lessor the replacement cost of the Equipment.
C) In the event of damage of any kind whatsoever to the Equipment, Lessee agrees to immediately contact the Lessor with an accurate description of the damage and the circumstances of its occurrence. Lessor expressly reserves the right to choose the repair method and venue, within reasonable market value terms. Lessee agrees to be bound, legally and otherwise, by the report of Lessor's chosen repair venue as to the cause of the damage to the Equipment.
D) Lessee is responsible for all damage that occurs during transit if provided packaging material is not used.
E) In the event of loss or damage of any kind whatsoever to the Equipment, Lessee shall, at Lessor's option:
F) If a lens comes back with missing a lens cap ($15+ tax) or back cap ($10 +tax), an automatic charge will be applied to the credit card used for the rental. The same charges will be applied if a non branded (other than Canon or Nikon) is on the lens. There will also be an automatic charge for any missing or offbrand body caps on camera rentals.
G) If a lens hood is not returned, we will charge the credit card on file for the retail value of the lens hood. If you return the lens hood to us within 5 business days, we will refund the amount in full.
(i) Pay to Lessor to place the same in good repair, condition and working order; or
(ii) Pay to Lessor the replacement cost of the Equipment.
H) Once an item is signed as delivered, its whereabouts is the responsiblity of the lessor.
(i) Claim can be filed against the lessor if a suspected incorrectly delivered item is not recovered.
Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to Lessor, including all accessories, attachments, instruction guides and manuals, in good repair, condition and working order, by delivering the Equipment at Lessor's cost and expense via the shipping method of Lessor's choice using the shipping container provided by the Lessor.
Lessor's acceptance of the Equipment upon return by Lessee shall not represent Lessor's acceptance as to condition of Equipment upon return. Lessor reserves the right to accept Equipment upon return by Lessee and make assesment regarding the condition of the Equipment.
Lessee shall keep the Equipment free and clear of any liens or other encumbrances, and shall not permit any act where Lessor's title or rights may be negatively affected. Lessee shall be responsible for complying with and conforming to all laws and regulations relating to the possession, use or maintenance of the Equipment. Furthermore, Lessee shall promptly pay all taxes, fees, licenses and governmental charges, together with any penalties or interest thereon, relating to the possession, use or maintenance of the Equipment
13. Lessor's Payment
In case of failure of Lessee to pay fees, assessments, charges and taxes, all as specified in this Lease, Lessor 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 repayable to Lessor within ten (10) days, and failure to repay the same shall carry with it the same consequences, including interest at ten percent (10%) per annum, as failure to pay any installment of rent. Late returns are subject to a fee of one fifth of the one week rental price at time of purchase per day.
Lessee, to the extent permitted by law, will indemnify and hold Lessor and Lessor's property, free and harmless from any liability for losses, claims, injury to or death of any person, including Lessee, or for damage to property arising from Lessee using and possessing the Equipment or from the acts or omissions of any person or persons, including Lessee, using or possessing the Equipment with Lessee's express or implied consent.
If Lessee fails to perform or fulfill any obligation under this Agreement, Lessee shall be in default of this Agreement. Subject to any statute, ordinance or law to the contrary, Lessee shall have seven (7) days from the date of notice of default by Lessor to cure the default. In the event Lessee does not cure a default, Lessor may at Lessor's option (a) cure such default and the cost of such action may be added to Lessee's financial obligations under this Agreement; or (b) declare Lessee in default of the Agreement. If Lessee shall become insolvent, cease to do business as a going concern or if a petition has been filed by or against Lessee under the Bankruptcy Act or similar federal or state statute, Lessor may immediately declare Lessee in default of this Agreement. In the event of default, Lessor may, as permitted by law, re-take possession of the Equipment. Lessor may, at its option, hold Lessee liable for any difference between the Rent that would have been payable under this Agreement 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 Lessor is unable to re-let the Equipment during any remaining term of this Agreement, after default by Lessee, Lessor may at its option hold Lessee liable for the balance of the unpaid rent under this Agreement if this Agreement had continued in force.
Neither this Lease nor any interest therein is assignable or transferable by operation of law. If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Lessee, or if the Lessee is adjudged insolvent, or if Lessee 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 Lessee is a party with authority to take possession or control of the Equipment, Lessor shall have and may exercise any one or more of the remedies set forth in Section "Surrender", above; and this Lease shall, at the option of the Lessor, without notice, immediately terminate and shall not be treated as an asset of Lessee after the exercise of said option.
The Equipment is, and shall at all times be and remain, the sole and exclusive property of Lessor.
Neither this Agreement nor Lessee's rights hereunder are assignable except with Lessor's prior, written consent.
19. Damage Waiver
What is the damage waiver?
The damage waiver is a coverage program that partially covers damage to an item by the renter.
How does it work?
If you purchased the damage waiver at time of rental, you are covered against all impact damage. The deductible for the cover is 5% of the rental items replacement value. For example, if you break a lens that costs $1000 and purchased the damage waiver, you will be responsible for a deductible of $50 plus applicable GST or HST. We then cover the rest of the repair costs. The deductible is ALWAYS cheaper than the repair.
What isn't covered by the damage waiver?
- Submersed water damage. If the rental item has been underwater, it cannot be repaired. The renter is reponsible for the entire replacement value of the item.
- Theft and loss. The lens must be returned to us, no matter how many pieces. The renter is reponsible for the replacement of a lost or stolen item.
- Lens caps, back caps, body caps, lens hoods, camera bags, camera straps, filters, and any other accessory sent with the principle rental item. It generally costs less than the 5% deductible to pay for replacements.
- Our damage insurance covers repair of a lens should it be damaged while in your possession. If this happens, you will be responsible only for paying only a deductible (5% of the lens' sales price). Without damage insurance you are responsible for the cost of repairing or replacing a damaged lens.
The damage waiver is void if a rental item is shipped back to us not in the packaging we shipped it to the renter in.
20. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Lessor and Lessee.
21. Governing Law
This Lease shall be construed and enforced according to laws of the Province of Ontario.
22. Renters Damage Insurance FAQ
Our damage insurance covers repair of a lens should it be damaged while in your possession. If this happens, you will be responsible only for paying only a deductible (5% of the items replacement price). Without damage insurance you are responsible for the cost of repairing or replacing a damaged lens.
Please note water damage is considered negligence by the insurer and is not covered as damage. If you plan on using the lens near water or in the pouring rain, please realize you are NOT covered by the damage insurance.
Extreme instances of neglect other than water damage may also be subject to additional charges beyond insurance.
Refunds may take up to 21 business days in certain situations, most are processed within 24 hours.
Terms of coverage
This is a damage policy: the lens may be a total write off, but there must be enough remains left to identify it as our lens - the serial number, etc. Basically anything short of being run over by a train should leave enough remains to identify. Loss of the lens by misplacing it or theft is not covered under this policy. You may have coverage for theft or loss with your homeowners policy or by photographer's insurance.