Rental Terms and Conditions Lease agreement which applies to all rentals.
Lensfly LLC Equipment Lease Agreement
THIS EQUIPMENT LEASE AGREEMENT ("Lease") is made effective by clicking on the “Place Order” button, by and between Lensfly, LLC, ("Lessor") and current user ("Lessee"). By clicking on the “Place Order” button, Lessee agrees to be bound by these Terms and Conditions, 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 “Place Order” button, Lessee indicates acceptance of the modified Terms and Conditions.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:
1. Lease.
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described camera equipment (the "Equipment"): shown in the order preview above.
2. Term.
Shipped orders-The term of this Lease shall commence on the day the Equipment has been delivered or the first attempt was made by the parcel carrier to deliver the item and will expire on the last day and time of the associated rental period. The Equipment must be shipped to Lessor before the last pick up of the day on the last day of the associated rental period. In the event the last day is a Sunday or federal holiday, a one day’s shipping extension is automatically given.
Local orders- The term of this lease shall commence on the day and time the Equipment is picked up or the first attempt was made by Lessor to meet for pickup of the Equipment and will expire on the last day and time of the associated rental period. The Equipment must be returned to Lessor by close of business on the last day of the rental period. Local pickups and returns are by appointment only.
Failure to return rental property or Equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or Equipment) are prima facie evidence of intent to defraud, punishable in accordance with section 812.155, Florida Statutes.
3. Shipping.
Lessee is responsible for shipping the Equipment back to Lessor. Lessor currently ships five days a week (Monday through Friday). Lessor will send Lessee an email at the email address Lessee has provided when Equipment is shipped. Lessor will send Lessee an email at the email address Lessee has provided when Equipment rented by Lessee is returned. Lessor will only ship to verified addresses within the US. Shipments to a hotel and or a resort of any kind will be at Lessor’s sole discretion and only after a full deposit is made by Lessee.
Lessor cannot guarantee when an order will arrive. Consider any shipping or transit time offered by Lessor or other parties only as an estimate. Lessee is encouraged to order in a timely fashion to avoid delays caused by shipping and or holidays. Signature of Lessee is required for delivery.
Both the outbound (from Lessor to Lessee’s premises) and inbound (from Lessee back to Lessor) shipping charges for the order are paid in advance and in full. It is the sole responsibility of the Lessee to obtain a receipt when shipping a package back to Lessor. If a package is deemed lost, not accounted for or not dropped off or picked up and the Lessee fails to prove shipment with a receipt, Lessee is liable for the retail cost of items rented. Use of shipping or delivery methods other than those arranged for or specified by the Lessor constitutes a violation of this Lease. Said violation may result in application of penalties or late fees where applicable.
4. Rent.
The rent for the Equipment shall be paid in advance in full. Lessee is deemed to be in default of this Lease if for any reason rent payment to Lessor is not delivered, is disputed, or is otherwise interrupted.
5. Cancellations.
Lessor reserves the right to cancel any order for any reason.
Lessee cancellations are made by contacting Lessor via phone or e-mail. A cancellation will not be effective until an affirmative response is received by the Lessee from the Lessor. It is the responsibility of the Lessee to ensure that any message of cancellation is received by the Lessor.
Due to the fact that equipment is by reservation only, and lessee's requested equipment is removed from our available inventory, it is unavailable to other clients. Confirmed orders not canceled prior to 2:00 p.m. the day before the scheduled rental will be subject to cancellation charges. We charge a cancellation fee to compensate for the time the equipment is not available for rental and administrative costs to prepare the order. If the Lessor receives notice of cancellation by 2:00 p.m. the day before the scheduled pickup or ship date, then no cancellation fee will be charged. If no notice of cancellation is received or the order is canceled after 2:00 p.m. on the day before the scheduled rental, the order may be subject to a cancellation charge of 25% of the total rental invoice.
If an order has already shipped via UPS or other courier or carrier, it cannot be cancelled.
6. Use.
Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, state, municipal, police and other laws, ordinances and regulations in any way relating to the possession, use, or maintenance of the Equipment. Lessee bears the full responsibility for determining, prior to entering into this Lease that the Equipment is suitable for the use and purposes intended by Lessee.
7. Right to Lease.
Lessor warrants that Lessor has the right to lease the Equipment, as provided in this Lease.
8. Order Acceptance Policy.
Lessee’s receipt of an electronic or other form of order confirmation does not signify Lessor’s acceptance of Lessee’s order, nor does it constitute confirmation of Lessor’s offer to rent. Lessor 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. By checking the “Place Order” button, Lessee authorizes Lessor to obtain an ID/Age and background verification check prior to acceptance of the order at any time prior to Lessee’s complete performance under this Lease.
Additional Requirements: Lessor reserves the right to request a Certificate of Insurance or a full retail deposit on any order and for any reason. Certificate of Insurance must list Lensfly LLC as the Loss Payee and list all rental Equipment with corresponding serial numbers and replacement costs.
9. Ownership.
Any and all Equipment received by Lessee from Lessor is, and shall at all times be and remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.
10. Repairs.
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. Lessee shall not in any way modify, repair, or alter the physical or other makeup of the Equipment.
11. Lost, Damaged, or Unreturned Equipment.
Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease which shall continue in full force and effect through the term of the Lease. For the purposes of this Lease, the term “damaged” shall include any modifications, alterations, or disassembly to the Equipment by the Lessee.
In the event of damage of any kind to the Equipment, Lessee agrees to allow Lessor to charge Lessee’s credit card for the full cost of repair, or the full retail price, of said damaged Equipment, whichever in the sole discretion of the Lessor is appropriate. Lessor expressly reserves the right to choose the repair method and venue, within reasonable market value terms. Lessee and Lessor agree 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.
Damage or loss of the Equipment during the rental period is entirely the Lessee’s responsibility. If the Lessee has not notified Lensfly LLC of damage within twelve (12) hours of receiving the Equipment, both parties agree the Equipment was received in good working order.
A. In the event of loss, loss without explanation, stolen Equipment or default, Lessee agrees to pay the full retail cost of the Equipment to Lessor within 30 days of notification of amount due to Lessor by Lessee.
B. In the event of damage to the Equipment, Lessee agrees to pay 100% of actual repair costs deemed necessary by the appropriate repair venue or the retail cost if not repairable. If the damage waiver was selected, the Lessee is limited to be responsible for 15% of the actual repair costs or the retail cost of the Equipment if not repairable.
C. In the event that Lessee claims the Equipment “failed” rather than was damaged, the report of the repair venue will be considered binding concerning Equipment failure or damage.
In the event of default, or a lost or unreturned item, Lessor reserves the right to pursue civil and criminal remedies against Lessee, including, but not limited to, taking immediate possession of the Equipment; obtaining, by Lessee’s credit card or otherwise, from Lessee the cost of the full retail price of a comparable substitute of Equipment and late fees assessed prior to deeming the Lessee in default or the Equipment lost or unreturned; notifying a collections agency, which immediately results in additional attorneys’ and collection fees being charged to Lessor; filing of criminal charges; employing “skip tracer,” private investigator, or repossession agency to collect the Equipment or goods sufficient to repay the value of the Equipment; and/or pursue any and all legal remedies against Lessee. Lessee will also forfeit all rights enumerated in the Privacy Policy of Lessor. These remedies are not exclusive. In the event of litigation to recover any such damages, Lessee is held responsible for all legal fees and costs incurred by Lessor.
Equipment is deemed to be “unreturned and stolen” when Lessee has failed to ship, or drop off (if picked up locally) Equipment to Lessor within three (3) days of expiration of rental term or if Lessor has been unable to collect the applicable late fee herein listed. If Lessee returns original Equipment, in undamaged state, to Lessor within fourteen (14) days of expiration of Term, the charge to Lessee’s credit card for the price of a comparable substitute will be refunded to Lessee by Lessor and a late fee will be charged to Lessee’s credit card. After fourteen (14) days, all sales are final.
It is the Lessee’s responsibility to get a receipt from the parcel carrier when dropping off a package for shipment back to the Lessor to validate actual shipment.
Failure to return rental property or Equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or Equipment) are prima facie evidence of intent to defraud, punishable in accordance with section 812.155, Florida Statutes.
Late returns
In the event of a late return, Lessee agrees to allow Lessor to charge Lessee’s credit card for the appropriate late fee. Late fees for all items will be billed at 1/4 (25%) of the weekly rental rate per day. An order is considered late if the Equipment is not returned on the due date and Lessee and Lessor have not agreed to an extension of the rental period. Renter agrees that said fee will be charged to the same credit card used for the rental purchase. If the overdue charges are denied by the Lessee’s credit card, and the Lessee has not contacted Lessor regarding the late fees, the Lessee understands that Lessee's account will be turned over to a collections agency and/or including an attorney.
12. Availability.
Lessor will ship product as it becomes available. There may be times when the product Lessee ordered is out-of-stock which will delay fulfilling Lessee’s order. Lessor makes no guarantees as to availability of Equipment. Any estimate of availability provided by Lessor is based on the assumption that each Lensfly LLC customer returns Equipment within prescribed term period. Lessor will keep Lessee informed of any products that Lessee has ordered that are out-of-stock and unavailable for immediate shipment. Lessee has the right to cancel the order at any time prior to shipping.
For a multiple product order, Lessor will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless Lessee notifies Lessor of their alternate wishes to this end. Lessee will only be charged for products contained in a given shipment, plus any applicable shipping charges. Lessee will only be charged for shipping at the rate quoted on Lessee’s purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
13. Surrender.
Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering the Equipment at Lessee's cost and expense via the shipping method of Lessor's choice. Ordinary wear and tear is to be determined at the discretion of the Lessor within the confines of the reasonably common and ordinary meanings of those terms. Lessee will be responsible for proper packaging of the return shipment using shipping and packaging materials as provided by Lessor in the order shipment.
Lessor’s acceptance of the Equipment upon return by Lessee shall not represent Lessor’s determination as to condition of Equipment upon return. Lessor reserves the right to accept Equipment upon return by Lessee and make determinations regarding the condition of the Equipment within a reasonable amount of time. Lessor’s determination as to the condition of the Equipment upon return by Lessee is binding under this Section and Section 11 (“Lost, Damaged, or Unreturned Equipment”).
14. Taxes.
Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee, or Lessor at Lessee's expense, shall report, pay and discharge when due all license and registration fees, assessments, sales, use and property taxes, gross receipts, taxes arising out of receipts from use or operation of the Equipment, and other taxes, fees and governmental charges similar or dissimilar to the foregoing, together with any penalties or interest thereon, imposed by any state, federal or local government or any agency, or department thereof, upon the Equipment or the purchase, use, operation or leasing of the Equipment or otherwise in any manner with respect thereto and whether or not the same shall be assessed against or in the name of Lessor or Lessee. However, Lessee shall not be required to pay or discharge any such tax or assessment so long as it shall, in good faith and by appropriate legal proceedings, contest the validity thereof in any reasonable manner which will not affect or endanger the title and interest of Lessor to the Equipment; provided, Lessee shall reimburse Lessor for any damages or expenses resulting from such failure to pay or discharge.
15. Damage Waiver.
Lensfly LLC offers Lessee the option to purchase a waiver for unintentional damage to the Equipment during the Rental Period. The determination of whether damage is unintentional and not abuse is at the sole discretion of Lensfly LLC. In the event of damage covered by this waiver, the Lessee will pay Lensfly LLC a deductible amounting to 15% of repair costs or the retail value of the Equipment or an item similar to the Equipment rented to Lessee. Valuation of the Equipment is within the sole discretion of Lensfly LLC. Damage waiver does not cover lost or stolen items.
It is strongly suggested that customers obtain the damage waiver on the item for the duration of the rental period. Minor scuff and scratches to the lens barrel, hood, flash and camera bodies are considered the results of ordinary wear and tear and will not result in damage assessments. Scratches to the glass, damage to the couplings, switches, focus windows, screens or any other part that affects the lens', cameras’, accessories’ performance will be considered damage and will result in a charge of 100% of the actual repair costs or the retail cost of the Equipment if not repairable. If exact replacement is not available, Lessor will determine closest appropriate substitute Equipment, at Lessor’s sole discretion. Lessor’s acceptance of Equipment on return (shipped or local pick-up) is not a waiver by Lessor of any claims for damage to the Equipment.
Damage Waiver's do not cover loss, theft, negligence in return packaging or any type of liquid or sand damage. Water or liquid damage of any sort, as well as damage caused by sand, mud or salt, cornstarch, color dust (Gulal or Holi powder) is not covered by the optional damage and is considered to fall under the category of Lessee negligence. Intentional modification of any components is considered Lessee negligence. As long as the lens or has not been delivered, we can still add the damage waiver. Once the lens shows delivered through tracking, you can no longer purchase the damage waiver.
Any peripheral items in Lessee's rental are not covered by the damage waiver, this includes lens hoods, batteries, battery chargers, front and rear caps, cables, mounts, brackets, filters, covers, etc. If Lessee loses and/or damages and/or modifies these items, Lessee is required to pay for them to be replaced even if Lessee purchases damage waiver. Lessee agrees to pay 100% of actual replacement costs and a service charge of $10.00 within 14 days of notification of amount due to Lessor by Lessee. If the payment is declined, Lessee agrees to pay 100% of actual replacement costs and a service charge of $30.00 within 14 days of notification of amount due to Lessor by Lessee.
16. Limitation of Liability.
THE CONTENTS OF LENSFLY.COM WEBSITE AND THE EQUIPMENT LESSOR DELIVERS ARE PROVIDED "AS IS." LESSOR MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT EQUIPMENT’S ACCURACY OR FUNCTIONALITY. LESSOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF LENSFLY.COM WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON LENSFLY.COM WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON LENSFLY.COM WEBSITE, OR FOR ANY CONDUCT BY USERS OF LENSFLY.COM WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, LESSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE EQUIPMENT LESSOR DELIVERS, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, LESSOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA LENSFLY.COM WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IN NO EVENT SHALL LENSFLY, LLC BE LIABLE TO LESSEE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY EQUIPMENT OR THE INFORMATION ON LESSOR’S WEBSITE. WHILE LESSOR WILL MAKE A REASONABLE EFFORT TO RETURN ANY NONLESSOR PROPERTY IT RECEIVES, LESSOR WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.
17. Indemnity.
Lessee shall indemnify and hold harmless Lessor against all loss, damage, expense and penalty, including reasonable attorney’s fees, arising from, related to, or connected with any action on account of any injury to person or property of any character or arising under any theory of commercial or contractual damage, occasioned by the operation, handling or transportation of the leased Equipment during the Term or while the Equipment is in the possession or control of Lessee.
18. Waiver.
The failure of either party to enforce any provisions of this Agreement 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 Agreement. The acceptance of rent by Lessor does not waive Lessor’s right to enforce any provisions of this Agreement.
19. Default.
If Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept or performed by Lessee, Lessor shall have the right to exercise any one or more of the following remedies:
A. To declare the entire amount of rent hereunder immediately due and payable without notice or demand to Lessee.
B. To immediately take possession of Equipment without notice or demand to Lessee.
C. To sue for and recover all rents, and other payments, including lost rental income, then accrued or thereafter accruing, together with its costs, attorneys’ fees and litigation costs associated with or arising from any such default.
D. To terminate this Lease.
E. To pursue any other remedy at law or in equity.
Notwithstanding any repossession or any other action which Lessor may take, Lessee shall be and remain liable for full performance of all obligations to be performed under this Lease. All of Lessor's remedies are cumulative, and may be exercised concurrently or separately.
20. Bankruptcy.
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 13 (“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.
21. Additional Documents.
If Lessor shall so request, Lessee shall execute and deliver to Lessor such documents as Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of Lessor in the Equipment including, but not limited to a UCC financing statement.
22. Claims of Copyright Infringement
It is the policy of Lensfly, LLC to respect the intellectual property rights of others. Lensfly, LLC does not promote, foster, or condone the copying of photographs or any other infringing activity.
23. Typographical Errors.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from Lessor’s suppliers, Lessor shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Lessor shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Lessee’s credit card charged. If Lessee’s credit card has already been charged for the purchase and Lessee’s order is canceled, Lessor shall immediately issue a credit to Lessee’s credit card account in the amount of the incorrect price.
24. Entire Agreement.
This instrument constitutes the ENTIRE AGREEMENT between the parties on the subject matter hereof and it shall not be amended, altered or changed except by a further writing signed by the parties hereto. If any portion of the agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable.
25. Assignment.
Lessee shall not assign this Lease or its interest in the Equipment without the prior written consent of Lessor.
26. Headings.
Headings used in this Lease are provided for convenience only and shall not be used to construe meaning or intent.
27. Governing Law.
This Lease shall be construed and enforced according to laws of the State of Florida. Lessee and Lessor agree that the United States District Court for the Middle District of Florida and/or the Circuit Court for the County of Clay, Florida shall have exclusive jurisdiction over any dispute between the Lessee and Lensfly, LLC relating in any way to the LENSFLY.COM service or website or this Agreement.
28. Rental Extensions.
They are not assumed until a confirmation is e-mailed back to the Lessee. All other policies set forth will apply as well as the original acknowledgement to this agreement.
29. Exchanges.
If for any reason Lensfly, LLC sees fit to exchange an item midway through the lease rental period, all policies set forth will apply as well as the original acknowledgement to this agreement.
30. Missing Accessories.
Any peripheral items in Lessee's rental are not covered by the damage waiver, this includes lens hoods, batteries, battery chargers, front and rear caps, cables, mounts, brackets, filters, covers, etc. If Lessee loses and/or damages and/or modifies these items, Lessee is required to pay for replacement items even if Lessee purchases damage waiver.
Missing items that were included with the rental shall be returned in good working order and with the leased Equipment. Failure to return caps (front and rear), hoods, battery chargers, batteries, camera eye pieces, camera covers, lens or camera cases, UV filters, etc. shall result in the Lessor automatically charging the Lessee’s card on file for the replacement value and a service charge of $10.00. If the payment is declined, Lessee agrees to pay 100% of actual replacement costs and a service charge of $30.00 within 14 days of notification of amount due to Lessor by Lessee.
Lensfly, LLC reserves the right to cancel any order for any reason, including price mistakes.
These Terms and Conditions will supersede any terms and/or conditions Lessee includes with any purchase order, regardless of whether Lessor signs the purchase order or not. Lessor reserves the right to make changes to this site and these Terms and Conditions at any time.
