Terms & Conditions
Here at Unique Photo® we take pride in creating a great experience for you. We are easily accessible and can be reached by phone, email, or live chats Monday – Friday 8:30am to 6:30pm. We have an extremely helpful and knowledgeable staff that is familiar with all of your needs because here, we are photographers too.
At Unique Photo we strive to make your shopping experience as satisfying and easy as possible. We make every effort to provide customer service worthy of your repeat business. Customer service is not a department: it is an integral part of everyone's job. We measure the true success of our customer service by being able to solve any issue that may arise. We value your business and treat every customer with the courtesy and respect that they deserve. Unique Photo is a company that is "All About You".
Unless otherwise specified, all goods will be shipped by UPS surface freight, pre-paid and charges added to the invoice. All domestic freight charges are invoiced at prevailing UPS rates plus insurance. The customer may specify alternate shipping (e.g., Next Day Air, 2nd Day Air, 3-Day Select), at time of order for additional charge. If a UPS package arrives damaged please call 1-800-631-0300 and speak to a live customer service representative who will immediately rectify the situation. Pallet Freight Damage: Any and all damage claims must be made with the responsible carrier. Claims must be made by you. Unique Photo cannot initiate claims on your behalf. For export orders outside of the United States, Unique Photo is not responsible for local custom regulations or charges. Please check with your local customs office to determine if duty will be added to your order. All goods shipped within the United States are duty free.
Any change to your UPS shipment can only be authorized by Unique Photo. Please contact Unique Photo if you need to make any change to your delivery.
Free Freight (USA & Canada): When an item is designated to ship free, or is marked "Includes free shipping" that particular item is disregarded in the calculation of freight. If that item is the only item on the order and within the 50 United States and Canada there will be no ground shipping charges applied to your order. Free freight designation allows Unique Photo to chose the best shipping method for your order, whether UPS or USPS. All post office (USPS) orders can take up to 9 business days to get to the destination but in most cases are about 3-5 days transit time.
Again, please pay careful attention to the rules and duty regulations in Canada and other countries. Unique Photo cannot estimate your duty if you are outside of the United States and is not responsible for any extra duty you may incur.
Unique Photo strives to ship all orders the same day Monday through Friday. Orders received after 5pm EST Friday might be processed the following business day. Unique Photo offers real time stocking information to help you with your purchasing decisions.
FREE SHIPPING: We offer free shipping (2-7 Day delivery) for this item when ordered through our website. Delivery must be within the contiguous United States and to APO/FPO/DPO addresses in order to qualify. Additional item(s) in your order that do not qualify for free shipping will cause you to be charged a shipping fee for those ineligible items.
Please note that Free Shipping promotions apply only to orders shipping to a street address within the contiguous United States. Otherwise, shipping charges will be presented at time of check out. For Returns on orders where free shipping had been given, applicable shipping charges will be deducted from any refund. The only exception to this practice would be if the return was due to an error on the part of Unique Photo, Inc.
Orders that are eligible for free shipping and are up to $349.99 will ship via USPS. Orders that are eligible for free shipping and are over $350.00 will ship via UPS Ground. In some cases, your item(s) may be upgraded to UPS Ground or like service.
To check shipping charges for other shipping methods or for International shipping, please add the items to the shopping cart and select "Calculate Shipping".
*Saturday Delivery is only an option for orders which will ship on a Friday via UPS Next Day Service
Processing may take up to 12 hours. Orders that are placed on Friday may ship on Friday or the following Monday. Orders that are placed on Saturday or Sunday will leave our New Jersey facility on Monday. Once the order ships, delivery time is up to 3 days. First Class Mail is a fast and affordable service for envelopes and packages weighing up to 13 oz. We may ship backorders by this method.
Processing may take up to 12 hours. Orders that are placed on Friday may ship on Friday or the following Monday. Orders that are placed on Saturday or Sunday will leave our New Jersey facility on Monday. Once the order ships, delivery time is 2-4 days nationwide. To be eligible for priority mail, the weight of all items ordered must be under 70 pounds. For orders approaching and exceeding $500 Unique Photo reserves the right to change this shipping selection to UPS Ground, which is the equivalent UPS service. We may ship back orders by this method.
Will ship same business day if ordered by 5 pm EST (Monday through Friday). Orders that are placed on Friday after 5 pm or Saturday or Sunday will leave our New Jersey Facility on Monday. Once the order ships, delivery time is 1-5 days nationwide. There are no weight or value restrictions on this shipping type and it is our preferred method of shipping. In certain cases when this method is chosen (especially for items that are eligible for free shipping), Unique Photo may ship via First Class Mail or Priority Mail. We may ship back orders by this method.
Will ship same business day if ordered by 5 pm EST (Monday through Friday). Orders that are placed on Friday after 5 pm or Saturday or Sunday will leave our New Jersey facility on Monday. Once the order ships, it will be delivered on the next business day at 10:30 a.m., 12:00 noon, or end of day, depending on destination.
*Saturday Delivery is only an option for orders which will ship on a Friday via UPS Next Day Service
Will ship same business day if ordered by 5 pm EST (Monday through Friday). Orders that are placed on Friday after 5 pm or Saturday or Sunday will leave our New Jersey facility on Monday. Once the order ships, it will be delivered on the next business day by 8:00 am if delivery is in a major city in the 48 contiguous states. For most other U.S. cities and Anchorage, Alaska, order will be delivered by 8:30 am or 9:00 am on the next business day. For all other locations, order will be delivered by 10:00 am on the next business day.
*Saturday Delivery is only an option for orders which will ship on a Friday via UPS Next Day Service
Will ship same business day if ordered by 5 pm EST (Monday through Friday). Orders that are placed on Friday after 5 pm or Saturday or Sunday will leave our New Jersey facility on Monday. Once the order ships, it will be delivered on the next business day by 3:00 pm or 4:30 pm to commercial destinations where UPS Next Day Air delivery is committed by 10:30 a.m. or 12:00 noon, respectively. For residential destinations, one the order ships, it will be delivered on the next business day by end of day.
*Saturday Delivery is only an option for orders which will ship on a Friday via UPS Next Day Service
Will ship same business day if ordered by 5 pm EST (Monday through Friday). Orders that are placed on Friday after 5 pm or Saturday or Sunday will leave our New Jersey facility on Monday. Once the order ships, it will be delivered by the end of the second business day. Please note that some locations in Alaska and Hawaii require additional transit time.
Will ship same business day if ordered by 5 pm EST (Monday through Friday). Orders that are placed on Friday after 5 pm or Saturday or Sunday will leave our New Jersey facility on Monday. Once the order ships, it will be delivered on the second business day by 10:30 a.m. or 12:00 noon to most commercial destinations. This shipping option is available to the 48 contiguous states to destinations where UPS Next Day Air is committed by 10:30am or 12:00, noon. It is not available to destinations where UPS Next Day Air is committed by end of day or to residential destinations.
We know how important personal privacy is to you, and we are dedicated to assuring that customer information is properly used and appropriately safeguarded. As a result, we have adopted the following privacy principles which we observe when serving you.
- We recognize that you expect details we maintain about you and your purchases to remain private. We safeguard this sensitive information by maintaining standards and procedures designed to protect it from misuse.
- We only collect, retain, and use information about you where we reasonably believe it will assist us in managing our business. We collect and retain information about you in order to:
- Maintain sufficient inventory levels
- Comply with certain laws and regulations
- Provide products, services, and other opportunities to you
- Help us design or improve our products and services
- We only collect, retain, and use information about you for specific business purposes. Also upon your request we will always tell you why we are collecting and retaining it.
- We use commercially reasonable procedures to help assure that your account information is accurate, current, and complete. We respond in a timely manner to your requests to correct inaccurate information and to update and remove old information.
- We teach our staff the importance of confidentiality and customer privacy and take appropriate disciplinary measures to enforce employee privacy.
- We have security standards and procedures which are designed to prevent unauthorized access to confidential information about you. Only personnel who have a business reason to know personally identifiable information about you are granted access to such data. We are committed to updating and testing our technology to improve the protection and integrity of our information about you.
- We only disclose information about you or your purchases where:
- To third parties for their independent use if you request or authorize it
- The information is provided to help complete a transaction that you initiate
- The information is provided to a reputable credit bureau or similar information reporting agency
- The disclosure otherwise is permitted or required by law
- We require vendors, service companies, and third parties that we hire to support one or more of our products or services, to agree to safeguard our confidential information about you and your relationship with us and to comply with applicable law. Here, information regarding our customers is used solely in the legitimate conduct of our business, and to deliver superior products and services. As we use technological advancements to develop new products and services, we will remain dedicated to assuring that customer information is properly used and appropriately safeguarded.
- All chat and calls to and from Unique Photo are recorded for quality assurance.
Note: We reserve the right to change these Customer Privacy Principles, along with related provisions, at any time.
Unique Photo® wants you to be completely satisfied with your purchase from us. We have a return policy which is fair and easy. If you have to return an item, we will do our best to make your experience a pleasant one. Just bring the item you wish to return with your receipt to our 123 Route 46, Fairfield, NJ Superstore. Our Concierge will gladly assist you with obtaining an exchange, credit or refund.
We have a few simple and reasonable rules regarding returns. Please read them carefully before you make a purchase.
General Information14-day Return Period
Unique Photo® accepts returns or exchanges up to 14 days from the original purchase. If an item is damaged or missing parts, a claim must be made within 2 business days of your purchase.Original Receipt Required
Your original receipt is required for all returns, exchanges, and warranty repair services. All returns and exchanges must be in original and new condition and include all accessories, manuals, packaging, blank warranty cards, cables, power supplies, etc.Free-Shipping Items
Returns on orders where free shipping had been given, applicable shipping charges will be deducted from any refund. The only exception to this practice would be if the return was due to an error on the part of Unique Photo, Inc.Orders that Include Free Items
Unique Photo is pleased to offer special promotions on select products where additional free items may be given. Returns on these products without the inclusion of the bonus items will result in a deduction from any credit given. In cases where a non-returnable item had been offered as part of a promotion, the value upon return will also be deducted.Non-Returnable Items
- GoPro, DJI, Leica, Zeiss, and Pocketwizard Products
- Lenses with purchase price over $699
- Microphones and Backdrops
- Labor, installation services, and processing
- Consumable items such as film, paper, chemistry, bulbs, CDs, DVDs, tapes, memory cards, opened software, etc.
- Items that show wear or have been damaged or abused
- Close-Out Items
- Items with counters showing more than 200 activations
- Items with timers showing more than 60 minutes of use
- Special Order Items
- Clearance Items Marked w/ an Orange Sticker
- Limited or Special Edition Items
When an item is returned for repair or exchange, we may, at our sole discretion, replace the item with the same or equivalent model.
Unique® reserves the right to request identification of anyone making a return. A restocking fee, the greater of $10 and 15%, may be charged if the return falls outside the parameters we have listed above. Refunds will generally be in the same form as the original payment. However, when the item was purchased with cash, debit or a check for more than $100, the refund will be in the form of a check mailed to you within 10 business days. Credit card refunds require that you have the exact credit card that was used for the purchase to receive credit.
Unique Photo is not responsible for merchandise damaged by customer misuse or failure to properly follow instructions in the supplied product manual. Unique Photo is not responsible for personal data or unexposed film left in returned items. We reserve the right to refuse any return.
Returns and Replacements
All returns will be allowed only with prior authorization. We must be notified by e-mail within 2 days of receipt of merchandise and the original carton must be saved. All merchandise must be returned within 14 days of authorization, freight prepaid. After 14 days any problems with equipment should be reported directly to the manufacturer. Please send items back to us using an insurable method. Returns will only be accepted with a valid return authorization number issued by our return department.
No returns will be allowed on products which are outdated, opened, damaged, or otherwise not sellable. No returns will be allowed on books, batteries, or storage media, and sensitized products such as control strips, film, or paper. Special Order Items are NON-RETURNABLE and NON-CANCELABLE. No returns on hardware will be allowed without unused warranty card and without manufacturer original packaging materials. All warranty cards, manuals, outer cartons, boxes, must be in original condition. No returns will be allowed if these items are taped, ripped, marked, or otherwise altered. Unique Photo is not responsible for merchandise damaged by customer misuse or failure to properly follow instructions in the supplied product manual.
Returned merchandise will be credited to your credit card or replaced at our choice after inspection and approval. No refunds will be given on returned products. Please allow 30 days from receipt of your return for your credit or replacement. Any shortages or damages must be reported within 2 days and original cartons saved. Returns other than defects or damages will be subject to a 15% restocking charge. Shipping fees are not refundable. Refunds will generally be in the same form as the original payment. However, when the item was purchased with cash, debit or a check for more than $100, the refund will be in the form of a check mailed to you within 10 business days. All sales are final.
Unique Photo accepts returns or exchanges up to 14 days from the original purchase. If an item is damaged or missing parts, a claim must be made within 2 business days of your purchase. Your original receipt is required for all returns, exchanges, and warranty repair services. All returns and exchanges must be in original and new condition and include all accessories, manuals, packaging, blank warranty cards, cables, power supplies, etc.
When an item is returned for repair or exchange, we may, at our sole discretion, replace the item with the same or equivalent model. A restocking fee, the greater of $10 or 15%, will be charged if the return falls outside the parameters we have listed above. Refunds will generally be in the same form as the original payment. However, when the item was purchased with cash, debit or a check for more than $100, the refund will be in the form of a check mailed to you within 10 business days.
Used & Open BoxUsed Equipment
Used items are warrantied by us under the terms of the manufacturer's original warranty for 90 days from the date of purchase. Unique Photo makes every effort to grade Used items fairly, and provide accurate descriptions. Returns on Used Items must be reported within two days of receipt and returned within 7 days in original purchased condition to avoid a minimum 20% restocking fee.Open Box Items
Open Box items may be products that have been on display, used for demonstration, or customer returns. They are sold AS IS. They have been inspected and are GUARANTEED in working condition. Small cosmetic flaws, that will not impede performance, may be present. Open box items come with a FULL MANUFACTURER’S WARRANTY. Open Box items DO NOT qualify for manufacturer’s rebates Unique Photo asks that you inspect and test your purchase immediately, as we do not accept returns on said items after two days of receipt.Grade Scale for Used Equipment
Excellent: Equipment rated as "Excellent" will show almost no signs of prior use. These items are considered to be anywhere from 90-95% of their original condition. Camera bodies will have only the most minor/small marks on the LCD that will not impact viewing ability at any brightness level. Camera bodies only show minor signs of use with no fatigue on the rubber grips. There may be very minor markings on the bottom of the camera from being mounted on a tripod. Lenses rated as "Excellent" have practically no wear on the housing and the glass elements are in pristine condition with no dust, scratches, or markings. The lens (mount) itself will show almost no signs of being attached to a camera.
Good: Equipment rated as being in "Good" condition will have a small amount of cosmetic wear and some blemishes from regular use. Equipment rated as "Good" will be anywhere from 80-90% of it's original condition. Cameras may have small scratches on the LCD, some marking on the bottom of the body, and/or minor wear on the rubber grips. Lenses may have slight scratches on the housing, but the glass elements are unmarked and very clean. Zoom and focus rings may show minor signs of fatigue and/or oxidation.
Fair: Equipment rated as "Fair" will show cosmetic wear and marks from being used. "Fair" equipment is considered to be in 70-80% of the condition it came in originally. However the equipment is still in full good working order. Cameras may have dents, dings, and/or scratches. Rubber grips may show heavy signs of use and/or reattachment. Lenses in "Fair" condition may have cosmetic wear on the lens housing. Glass elements may have cleaning marks, small scratches, or dust, but not enough to impact image quality. Zoom and focusing rings on lenses rated as "Fair" will have signs of use and/or oxidation.
As Is: Equipment rated as "As Is' may or may not be in a working condition. Items in "As Is" condition may have dents, scratches, cracks, and/or may need repair. These items are sold without a 90 day warranty, and are non returnable. If there are any questions pertaining to a specific item, please call (973-377-2007).
Like New: Equipment rated as "Like New" will show no signs of prior use. These items are considered to be anywhere from 95-100% of their original condition. Items in "Like New" condition will not have any wear, scratches, be free of dust and/or haze, and will come with the original accessories.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. UniquePhoto.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. UniquePhoto.com further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by UniquePhoto.com upon shipment of products that you have ordered as indicated by our servers.
Title to goods passes to you upon delivery to the common carrier. All orders must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Shipments requested to addresses which require additional verification might cause a delay in the shipment of the order.
Tracking and Order #(numbers) on the Account Page are updated each day at 10:30pm EST
Payment, Pricing, & Promotions
Product Pricing Display
- Find Exact Product Pricing
To see our price for this product, you must click "Buy Now" and the item will be added to your shopping cart. Even though the item will be added to your cart, you will be able to remove the item if you decide not to purchase it. If you wish to purchase the product, you can click 'Proceed to Checkout' or choose the respective Google checkout or Paypal check out options.
- Why must I add to my cart?
Unique Photo has chosen to exercise its legal right to sell this item below the manufacturer's suggested price. Some manufactures can restrict retailers from advertising a price that is below their suggested price. However, the retailer can sell the item for any amount. Unique Photo understands that this can be a burden and is not the fastest and most convenient method of buying products online. Unique Photo has and continues to express our feelings to the manufactures to make buying online easier. Please call 1-800-631-0300 if there are any questions on pricing, products or to place an order. Unique Photo has been all about U, the consumer since 1947 and will provide the best price possible at all times.
- Product Representations
All pictures, descriptions, and other product description information are our best approximation of the materials intended for sale. In some case the pictures of products may contain features or items which are not included in the purchase price shown. Please contact us directly for exact product contents and details.
- Unit Pricing
Unit Pricing On many items, particularly film and batteries, the item shown may be a multi-pack. In all such cases the price listed is for an individual unit of the product and not for multi-pack shown. As an example, when a 5-pack is shown, the price listed will be for 1 unit, and the 5-pack will be priced at 5 times the single-unit price.
Example: When a 5-pack is shown, the price listed will be for 1 unit, and the 5-pack will be priced at 5 times the single-unit price. This sample product will be $30.95; 5 units per pack times $6.19 per unit:
SAMPLE 135-36 (5PK) (100ASA) USA
Catalog # XXX8986010
Our Low Price: $6.19 each unit
[Minimum order: 5 units @ $6.19 each.]
Payment and Credit Cards
An authorization for your order will be made on an approved credit card when your order is placed.
Your card will be charged only when your order is verified and shipped.
Using Google Checkout and Paypal in some cases will result in immediate charge, regardless of stock status. Unique Photo has been in business since 1947 and any issue will be resolved timely and professionally.
Credit card credits as well as Paypal and Google Checkout refunds, although issued immediately, sometimes have to be independently verified by credit card processesors, intermeditiaries, and the actual vendors themselves.
Wire Transfer Information
You may place an order by phone and pay via wire transfer. Our bank information is as follows:
Account Name: Unique Photo Inc
Account #: 7683702722
Bank Name: Sovereign Bank
Bank Address: 601 Penn Street
Reading, PA 19601
ABA #: 231372691
Swift Code: SVRNUS33
Additional bank fees that may apply are the sole responsibility of the customer. The Unique Photo Order ID must be transmitted to us with the wire transfer in order to ensure the proper application of funds to the transaction.
- Checks and Cashier checks
Unique Photo, Inc. does not generally accept personal or business checks. In order to be set up as a check acceptable account, you must by mail or in person place a written request and fill our our check acceptance form. Our credit department will then process your form as soon as possible, in some cases as fast as 24 hours. No checks will be accepted with out prior authorization from our accounting department.
- Additional Verification May Be Required
We may request additional verification of your billing and shipping information, to ensure the security of your transaction. Obtaining this additional verification may delay the shipment of your order. Please check your email for shipping confirmation the first business day after your order is placed.
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 in Advance, in Full, on a single 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.
Cancellations: There will be no cancellations and no refunds after the equipment is picked up by The Customer. If an order is cancelled within 24 hours of the scheduled pickup date, a Cancellation Fee of a single day rental fee, at the single day rate, will be applied to the credit card used to place the reservation.
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 Un-returned 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 cost associated with the repair. The Customer will also be required to pay the lost rental income, as result of the Equipment being returned in a non-rentable state, and shall continue to pay any lost rental income until the damaged Equipment is fully repaired, and able to be rented again.
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:
- 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:
- To immediately take possession of all leased Equipment without notice or demand to The Customer.
- To sue for and recover all rents, and other payments, then accrued or are thereafter accruing.
- To terminate this Lease without any notice to The Customer.
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.