Term: The term of this Lease shall begin at the moment the Lessee (hereinafter known as "The Customer"), or an agent acting on his or her behalf, picks up the equipment from the Lessor, Unique Photo, Inc ® (hereinafter known as "Unique Photo"), and will expire on the last date of the lease period, as shown in the following sections of this contract agreement. The leased equipment must be returned to Unique Photo by the end of business on the return date selected by the customer upon reservation of the equipment.
Fees: The entire rental amount, plus a security deposit equal to 50% of the retail value of all leased equipment will be paid at the time of pick up, in Full, on a single or multiple major credit card (American Express, Discover, MasterCard, or Visa). The cardholder MUST be present at the time of pickup, with a valid government identification card (State Driver's License, Military ID Card, Current Passport) in order for the reserved Equipment to be released to the customer.
Qualifications: All customers reserving item(s) over $1000 MSRP, will be subject to presenting a credit card in store at time of pick-up.
Cancellations: All Rental orders with 4 or more items cancelled within 24 hours of the pick up date will be subject to a 15% same day cancellation fee.
Ownership: All rental equipment is, and shall remain, the sole and exclusive property of Unique Photo. The customer will have no right, title, or interest other than expressly set forth in this binding lease. At any time during the lease, the customer may purchase the rental equipment for the current Unique Photo selling price. If purchase is sought, the customer will receive a discount of the rental fee from the purchase price.
Inspection: Equipment must be inspected by the customer upon rental pickup, and will be deemed to be in good, working condition once the equipment has been accepted and has left the Unique Photo Superstore. Unique Photo shall keep the equipment in good repair, condition, and overall working order; and shall furnish any and all parts, mechanisms, and devices to keep the equipment in good, mechanical working order. The customer shall not, in any way, shape, or form, repair or alter the leased equipment. Any modification or tampering to the leased equipment will render the equipment as broken, and may result in a fee up to the replacement cost of the item at the current Unique Photo selling price.
Warranties & Guarantees: Unique Photo makes no warranty, either expressed or implied, to any matter whatsoever, including the condition of the equipment. We make no guarantees of compatibility with any third party accessories, including any apps or phones used in the operation of the leased equipment. Furthermore, Unique Photo will not absolve any of the customer's costs or fees if the leased equipment is rendered unusable by what is determined to be User Error. User Error will be defined as an ignorance pertaining to the usage of an item, or an item's features during the lease term. Unique Photo shall not be responsible for any loss of data due to equipment malfunction or otherwise, or for the loss of any data that is stored on any rented media storage devices.
Returning Equipment: Upon the expiration or early termination of the lease, the customer will return the equipment to Unique Photo in good repair, condition, and general working order; ordinary wear and tear from proper use excluded. Ordinary wear and tear will be determined at the sole discretion of Unique Photo's staff, within the confines of the reasonably common and ordinary meanings of those terms. When an order has been selected to be shipped, Unique Photo will package the equipment to ensure the safe arrival of the leased equipment to the customer. The customer will be responsible for the proper packaging of the return shipment, using the shipping and packaging materials as provided by Unique Photo in the initial order shipment. Unique Photo's acceptance of the equipment upon delivery does not represent Unique Photo's determination as of the condition of the leased equipment. Unique Photo reserves the right to accept equipment upon return by the customer, and make determinations regarding the condition of the equipment within 7 (seven) days of receipt. Unique Photo's determination as to the condition of the equipment, upon return by the customer, is binding under this Section and the Section entitled "Lost, Damaged, or Unreturned Equipment".
Late Returns: The customer shall return all leased equipment in accordance with the Section entitled "Term". In the event the customer does not return the equipment in accordance with the Lease Term, the Customer agrees to allow Unique Photo to charge the customer's credit card, used in the reservation of the leased equipment, or otherwise garnish, collect, or obligate the customer at Unique Photo's sole discretion - up to triple the one-day rental price at the time of purchase, per day that the equipment is late. Lateness, pertaining to a shipped rental, will be judged by the time of receipt by Unique Photo's chosen parcel delivery service, as shown by the tracking information on the Return Shipping Label provided by Unique Photo at the time of initial shipment.
Lost, Damaged, or Unreturned Equipment: The Customer, upon acceptance of the leased equipment, will assume and bear the entire risk of loss and/or damage to the equipment from any and every cause, whatsoever. No loss or damage to the equipment, or any part thereof, will impair any obligation of the customer under this Lease, which shall continue in full force and effect through the term of the lease as defined in the Section entitled "Term". In the event of damage of any kind, whatsoever, to the equipment, the customer agrees to allow Unique Photo to charge, garnish, or obligate the customer, at Unique Photo's sole discretion, for the full cost of the repair of said damaged equipment. Unique Photo reserves the right to choose the repair method and venue, within reasonable market value terms. The Customer agrees to be bound legally, and otherwise, by the report of Unique Photo's chosen repair venue, to the cause of the damage to the leased equipment, and all costs associated with the repair.
In the event of Loss or Default: Equipment is deemed to be "Lost" or "Un-returned" when the customer fails to return all leased equipment to Unique Photo within 7 (seven) days of the expiration of the term. After 7 (seven) days of delinquency, Unique Photo reserves the right to charge the customer's credit card, or otherwise obligate the customer, at Unique Photo's sole discretion, for the full selling price of the equipment, as determined by Unique Photo's pricing - which is generally, but is not guaranteed to be, the Manufacturer's Suggested Retail Price of the equipment at the time of the rental, as specified by the equipment's manufacturer. This price will exclude any current promotions offered by Unique Photo or the equipment manufacturer, and is exempt from Unique Photo Loyalty Points and/or competitor price matching. The full selling price of all leased equipment will be charged in addition to the late fees assessed prior to deeming the Equipment as "Lost" or "Un-returned". If the customer returns equipment, in an Undamaged state, to Unique Photo within 14 (fourteen) days of the expiration of the term, the charge to the customer's credit card, for the full selling price of the equipment, will be refunded to the customer by Unique Photo, less a late charge - equal to a single day rental fee for each Unreturned day - in accordance to the Section entitled "Late Return". After 14 (fourteen) days from the expiration of the term, all sales will be final.
Limitation of Liability: Unique Photo, and all of its subsidiaries', sole liability under this agreement is limited to the Rental Fee paid by the customer.
Indemnity: The Customer shall indemnify and save Unique Photo against all loss, damage, expense, and penalty arising from, related to, or connected with any action, on account of any injury to person, or property of any character, 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 The Customer. By entering into the Lease contract, the customer agrees to abide by all local, state, and federal laws pertaining to the use of any, and all, leased equipment. Unique Photo shall also be exempted from any legal action resulting from the unlawful use of any Equipment leased by The Customer from Unique Photo.
To pursue any other remedy at law or in equity: The Customer shall be and, shall remain, liable for the full performance of all obligations on the part of the Lessee set forth under this lease, and all costs incurred by Unique Photo, relative to said default, shall be paid by the customer. All of Unique Photo's remedies are cumulative, and may be exercised concurrently or separately.
Default: If The Customer fails to observe, keep, or perform any provision of this lease required to be observed, kept, or performed by the customer, Unique Photo shall have the right to exercise any one, or more, of the following remedies:
Typographical Errors: In the event a product is listed at an incorrect price due to typographical error, or error in pricing information received from our suppliers, Unique Photo shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Unique Photo retains the right to refuse or cancel any such orders whether or not the order has been confirmed and the customer's credit card charged. If the customer's credit card has already been charged for the purchase, and the customer's order is canceled, Unique Photo shall issue a credit to the customer's credit card account in the amount of the incorrect price.
Assignment and Subletting of Leased Equipment: The Customer shall not assign this lease or its interest in the equipment without the prior written consent of Unique Photo. Any subletting of equipment will be deemed as a break of the aforementioned Terms and Conditions and will result in the termination of the Lease Contract.
Governing Law: This Lease shall be construed and enforced according to laws of the State of New Jersey. The Customer and Unique Photo agree that the United States Court for the State of New Jersey shall have exclusive jurisdiction over any dispute between you and Unique Photo, relating in any way to Unique Photo's service, website, or this Agreement. Unique Photo 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 Unique Photo signs the purchase order or not. Unique Photo reserves the right to make changes to these Terms and Conditions at any time.