THESE TERMS AND CONDITIONS ARE THE RENTAL AGREEMENT. The agreement (or lease) (or contract) are made and effective by clicking the “submit order” or “check out” button, signature on order/quote, or by acceptance of Equipment at our location by the renter, it’s representative or by messenger service and shall apply to all equipment rented by customer from Adorama rental Company. Renter agrees to be bound by these terms and conditions whether or not Renter has read them.
1. ADORAMA RENTAL CO. hereby rents equipment to Person or Company name that appears on rental contract, which is identified in this agreement as ["RENTER"]. RENTER hereby rents and hires from Adorama Rental Co. EQUIPMENT and other property described on the packing list attached to and made as part of this rental agreement [the "EQUIPMENT"]. As used herein, Adorama Rental Company (ARC) means Adorama Camera, Inc. their DBA’s and affiliates.
2. TERM. The term of this Rental Contract commences on the "Start Date" shown on the packing list and continues until EQUIPMENT is returned in good condition to Adorama Rental Co. Renter agrees the pay the daily rental rate for each day until all items are returned in good and satisfactory condition
3. LATENESS. If the Renter is unable to return equipment on day specified they must call Adorama Rentals Co. to advise of the change. Charges for rental fees will continue to accrue until equipment is returned.
4. CANCELLATION. Cancellation of rental orders by renter must be made at least 24 hours before rental period begins by phone or by email. Failure to cancel prior to 24 hours may result in fees equal to one days renal fee to be applied in consideration of ARC’s preparing, holding in reserve or sub-renting equipment from other agencies on customer’s behalf. ARC reserves the right to cancel any order for any reason at any time.
5. RENT. The charge for each and every item of EQUIPMENT is the amount set forth on the attached packing list. Adorama Rental Co. shall be entitled to immediate payment of all Rental payments at the conclusion of the Rental Term. Equipment is due back by 9:30am of return date indicated unless it is a special “24 Hour Rental”. Equipment returned after this time will be subject to late fees. A full day’s rental will be charged for any equipment not returned by 9:30am of the due date or after the due time for the special “24 hour rental” and full day rental fees will be charged for each additional day the equipment is not returned. If equipment is returned in damaged or non working condition, the rental period will be extended by the shortest reasonable time necessary to repair the damage or to replace irreparably damaged equipment.
6. SECURITY. ARC may at any time ask for a credit card to guarantee monies owed to ARC including but not limited to rental fees, late charges and for lost or damaged equipment. Customer agrees to allow ARC to charge this credit card at any time for any monies due to ARC. __________Initial
7. RENTER'S INSPECTION. Upon rental the RENTER agrees that it has or will inspect the EQUIPMENT not later than its delivery of possession to RENTER and that it shall be conclusively presumed that RENTER has fully inspected the EQUIPMENT, is satisfied and has accepted the EQUIPMENT in good condition and repair and has acknowledged that all digital single lens's reflex camera's and digital backs are free from dust, and that the IR filter and IR protection glass are free from scratches. Renter may test the equipment at the rental facility prior to taking possession of equipment _______Initial
8. LOSS AND DAMAGE. RENTER hereby assumes and shall bear the entire risk of loss or damage to the EQUIPMENT from any and every cause whatsoever. No loss or damage to the EQUIPMENT or any part thereof shall release any obligation under this rental agreement which shall continue in full force and effect. RENTER is responsible for the return of all digital equipment in the same condition or a charge will be assessed to replace scratched IR filters or IR protection glass. In the event of any loss or damage of any kind whatsoever to any item of EQUIPMENT, RENTER shall (a) restore it to good condition and repair or replace it with like EQUIPMENT acceptable to Adorama Rental Co., in good condition and repair, or (b) if in the reasonable judgment of Adorama Rental Co. any item of EQUIPMENT is determined by Adorama Rental Co. to be lost, stolen, destroyed or damaged beyond repair, pay Adorama Rental Co. the full replacement value thereof as set forth on the packing list attached hereto. __________Initial
9. SURRENDER. Upon the expiration or earlier termination of the Rental period for any item of EQUIPMENT, RENTER shall return it to Adorama Rental Co. in good condition and repair.
10. INSURANCE. RENTER shall obtain and maintain in full force the following insurance covering all equipment during the entire rental period. Renter shall deliver to ARC evidence acceptable to ARC of all such insurance. (a) Property insurance on replacement cost basis without deduction for depreciation, naming Adorama Rental Company as “Loss Payee” for loss or damage. Such policy shall cover “All Risk” and provide for 30 days written notice to ARC before any policy is modified or canceled. Such policy must cover theft from unattended vehicle. Such policy must give ARC sole discretion whether to repair or replace the equipment or retain the proceeds. Policy limits should be sufficient to encompass all property at risk regardless of source. (b) Liability insurance naming Adorama Rental Company as an “Additional Insured”. Such insurance must meet the following limits: Commercial General Liability $1,000,000 per occurrence and a $2,000,000 aggregate. (c) Renters Property and Liability coverage, constituting the primary coverage for the equipment and issued on a non-contributory basis. Renter’s insurance carrier agrees that the rights of ARC shall not be affected by any act, neglect or breach of condition by the renter, other than nonpayment of premium. Renter shall remain primarily liable to ARC for full performance under the terms of this rental contract in the event of a dispute with its insurance carrier and for uninsured losses. Lapse or cancelation of renter’s insurance, as required by this rental contract, shall allow ARC to immediate and automatically terminate this rental contract, at ARC’s option. If RENTER fails to procure or maintain this insurance Adorama Rental Co. shall have the right, but not the obligation, to procure such insurance and the cost thereof shall be repayable to Adorama Rental Co. in addition to the rental costs.
11. FOREIGN USE. Renter shall not remove the equipment to any foreign country without ARC’s prior written consent. If such consent is given, renter must obtain at its own expense all proper and necessary worldwide insurance coverage in addition to the insurance retirements specified above.
12. RISK OF LOSS. Renter assumes all risk of loss whether or not covered by renters insurance. Once renter has taken actual or constructive possession of the equipment (i.e., it has picked up the equipment or the equipment is in transit to it) its responsibility includes, but is not limited to, risks while in transit, at all locations named and unnamed, at all studios, while on premises, while in transit and while in storage on the rental facility’s premises.
13. NO WARRANTIES. Adorama rental co. makes no warranties, either expressed or implied, as to any matter whatsoever, including without limitation, the condition of the equipment, its merchantability or its fitness for any particular purpose. Adorama rental co. shall not be responsible for any loss of data due to equipment malfunction or otherwise nor for the loss of any data that is stored on any rented media storage devices.
14. INDEMNITY. RENTER agrees to indemnify, defend and hold harmless Adorama Rental Company and all its employees, members and agents against any and all claims, actions, damages, liabilities, suits, proceeding, costs and expenses, including reasonable attorney's fees arising out of, connected with, or resulting from the use, condition or operation of the EQUIPMENT by anyone during the rental period. Each party agrees to give the other the prompt notice of any such claim or the institution of any action, suit or proceeding. This indemnification shall survive the term of this contract.
15. ASSIGNMENT. RENTER shall not (a) assign, transfer, pledge or hypothecate this Rental agreement, the EQUIPMENT or any part thereof or any interest therein (b) sublet or lend the EQUIPMENT or any part thereof or permit the EQUIPMENT or any part thereof to be used by anyone other than RENTER or Renter’s employees. Subject always to foregoing, this Rental Contract inures to the benefit of and is binding upon the heirs, legatees, personal representatives, successors and assigns of the parties hereto.
16. OWNERSHIP. The EQUIPMENT is and shall always be and remain, the sole and exclusive property of Adorama Rental Co., and RENTER shall have no rights therein except as expressly set forth herein.
17. NON-WAIVER. No covenant, term or condition of this Rental Contract can be waived except by the written consent of Adorama Rental Co. Forbearance, indulgence or the failure to insist on the terms hereof by Adorama Rental Co. in any regard whatsoever shall not constitute a waiver of the covenant, term or condition to be performed by RENTER to which the same apply and until complete performance by RENTER of said covenant, term or condition, Adorama Rental Co. shall be entitled to invoke any remedy available to Adorama Rental Co. under this Rental Contract or by law or in equity despite said forbearance, indulgence or the failure to insist on strict compliance with the terms hereof.
18. SHIPPING. Upon Adorama approval, shipping to location may be available. Renter is responsible for all shipping costs to and from location. Renter is responsible but not limited to shipping costs, taxes, duties, broker fees, bonds insurance and any others associates expenses
19. RETURN. It is the obligation of RENTER to arrange for the return of all EQUIPMENT, and all such transportation is at the sole risk and expense of RENTER
20. DATA. Renter must clear all images, content or data from the equipment prior to returning it. If renter fails to do so, ARC is authorized to do so, without prior notice to renter. Renter is solely responsiblefor storing and safeguarding its images, content and data prior to returning the equipment.
21. ENTIRE AGREEMENT. This agreement, together with the attached packing list, constitutes the entire agreement between Adorama Rental Co. and RENTER and it shall not be amended, altered or changed except by a written agreement signed by both parties hereto. If any dispute arises with respect to this agreement, the parties agree that this agreement will be construed under the Laws of the State of
22. CONFIDENTIALITY. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify Adorama Rental Co. immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Adorama Rental Co. or any other user of the site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site.
23. LEGAL FEES & EXPENSES. RENTER shall reimburse Adorama Rental for all and expenses and expenses, including reasonable attorney’s fees incurred by Adorama Rental Co. in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions or provisions of this agreement.
24. MISCILLANEOUS. This signed contract, including the terms and conditions constituted the entire agreement between ARC and the renter. Any changes must be made in writing and signed by both parties. The person signing on behalf of the renter represents and warrants that he or she is authorized to do so. This agreement shall be governed by the laws of the state of New York and all claims shall be heard in State Courts of New York in the County of Manhattan.