THIS AGREEMENT TO LEASE EQUIPMENT ("Lease") is made and effective by clicking on the order button below, by and between lensprotogo.com, ("Lessor") and current user ("Lessee").
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, and Lessee hereby leases from Lessor, the following described equipment (the "Equipment"): shown in the order preview on this page.
The term of this Lease shall commence on the date courier (UPS) shows first delivery attempt of Equipment and shall expire in the amount of time shown in the order preview as the rental duration thereafter, unless ammended through a rental extension to a newly specified date.
Lessee shall be responsible for shipping the Equipment to Lessee's premises. Lessor will pay return shipping charges via a carrier of lessor's choice and provide return shipping label. Lessee agrees to return gear via provided return instructions, and notify us of any delays. A signature is required upon delivery unless parties agree otherwise.
4. Rent and Deposit.
The rent for the Equipment shall be paid in advance in full. A security deposit in an amount of the Lessor’s discretion may be required per lessor’s consideration. Refunds will not be issued if Equipment is returned early. Should Lessee not return the equipment on the date specified on the order, Lessor reserved the right to charge Lessee for all rental and late fees.
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. Lessor shall not be liable for any claims in any way relating to the possession, use or maintenance of the Equipment by Lessee.
6. Right to Lease.
LESSOR WARRANTS THAT LESSOR HAS THE RIGHT TO LEASE THE EQUIPMENT, AS PROVIDED IN THIS LEASE.
Lessee shall keep the Equipment in good repair, condition and working order. Repairs that are not due to neglect or damage will be paid for by Lessor
8. Loss and Damage.
A. Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever. 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.
B. Should Lessee opt to purchase Protection Plan from Lessor, Lessee will be responsible for paying 10% of value of Equipment should damage occur during the Rental period. The optional Protection Plan does NOT cover complete loss, theft or water damage.
C. In the event of loss or damage of any kind to the Equipment, Lessee shall, at Lessor's option:
(i) Replace the same in good repair, condition and working order; or
(ii) Replace the same with like equipment in good repair, condition and working order; or
(iii) Pay to Lessor the replacement cost of the Equipment or cost of repairs; and
(iiii) Pay to Lessor the lost rental income due to Equipment being in a non-rentable state.
D. In the event accessories (lens hoods, caps, cords, batteries, chargers, straps, etc.) are not returned, the replacement cost will be charged immediately to Lessee. If Lessee returns the accessories within one week, the charge will be refunded less any time the gear was not in a rentable state due to the absence of said accessories.
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 Lessor's cost and expense via the shipping method of Lessor's choice. Lessee will be responsible for proper packaging of the return shipment.
Return of the Equipment will only be considered complete and Lease terminated when ALL Equipment, parts and accessories are returned in good working order.
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.
11. 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) business 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 fourth of the four day rental price on the day of transaction. Any and all payments will be charged to the Lessee’s form of payment on file with the Lessor.
Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs, arising out of, connected with, or resulting from Lessee's use of the Equipment, including without limitation the manufacture, selection, delivery, possession, use, operation, or return of the Equipment.
If Lessee fails to pay any rent or other amount herein provided within seven (7) days after the same is due and payable, or 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 sue for and recover all rents, and other payments, then accrued or thereafter accruing.
C. To take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. Lessee hereby waives any and all damages occasioned by such taking of possession.
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 the full performance of all obligations on the part of the Lessee to be performed under this Lease and all cost incurred by Lessor relative to said default shall be paid by Lessee. All of Lessor's remedies are cumulative, and may be exercised concurrently or separately.
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 hereof; 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; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.
16. 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.
17. 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.
Lessee shall not assign this Lease or its interest in the Equipment without the prior written consent of Lessor.
Headings used in this Lease are provided for convenience only and shall not be used to construe meaning or intent.
20. Governing Law.
This Lease shall be construed and enforced according to laws of the State of Massachusetts. Lensprotogo.com reserves the right to cancel any order for any reason, including but not limited to price mistakes.