TERMS OF SERVICE
THIS EQUIPMENT LEASE AGREEMENT ("Lessee") is made and effective by clicking on the “Place Order” button, by and between Filmify – The Rental Store, ("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:
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (the "Equipment"): shown in the order preview above.
The term of this Lease shall commence on the day of the first attempt by the parcel carrier to deliver the item, and expire on the last day of the rental. The Equipment must be return shipped to Filmify – The Rental Store on the last day of the rental. In the event the last day is a postal holiday, a shipping extension to the next delivery working day is granted.
Until the Lease is shipped back and shows up in the carriers possession, Lessee will be held liable. If the Lease does not show up as tracked with the carrier, Lessee will be liable for the cost to replace the equipment, or the late fees once the package begins to track with the carrier.
Lessee is responsible for the payment for the shipping of the Equipment to Lessee’s premises and back to Filmify – The Rental Store. Lessor does not ship on national holidays. 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 cannot guarantee when an order will arrive. Consider any shipping or transit time offered by Filmify – The Rental Store only as an estimate. Lessee is encouraged to order in a timely fashion to avoid delays caused by shipping or product availability.
Both the outbound (from Lessor to Lessee’s premises) and inbound (from Lessee back to Lessor) shipping charges for the order will be paid in advance and in full. Use of shipping or delivery methods other than those arranged for or specified by the Lessor constitutes a violation of these terms. Said violation may result in the application of penalties/late fees as applicable.
The Lessee is responsible for bringing the package(s) to an authorized shipping location and having the package scanned. Furthermore the Lessee agrees to obtain a receipt for the transaction which shall be retained until Lessor notifies the Lessee that their rental is complete. Dropping the package(s) off in a drop-box, an un-staffed facility, 3rd party shipper, mailroom facility, DOES NOT constitute a safe return of Filmify – The Rental Store property and constitutes a violation of the terms of the Lease. Any loss occurred at the above listed unauthorized facilities will be entirely the responsibility of the Lessee. Any loss will be calculated at full retail value plus any resulting loss of use charges.
The rent for the Equipment shall be paid in advance in full.
Cancelations are made by contacting us via phone or e-mail and are subject to the following terms:
Cancelation by Lessee of 24 hours or more before rental period is about to commence will result in no charge.
Cancelation by Lessee of 24 hours or less before rental period is about to commence is not allowed, and will result in full charge.
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. Lessor is in no way responsible for Lessee's use of the Equipment and shall be indemnified by Lessee for any legal action resulting from Lessee's use of the Equipment, as explained in Sections 11 and 20 below.
7. RIGHT TO LEASE
Lessor warrants that Lessor has the right to lease the Equipment, as provided in this Lease.
8. ORDER ACCEPTANCE POLICY
Your 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. Filmify – The Rental Store 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.
The Equipment provided for rental, 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.
Lessee shall not in any way repair or materially alter the physical or otherwise makeup of the Equipment. If Lessee does not comply with the above mentioned, and damage waiver is purchased on the rental item, damage waiver becomes void.
The Lessee shall indemnify, defend and hold harmless the Lessor from and against any and all claims, suits, proceedings, losses, damages, diminution in value, liabilities and costs (including attorney’s fees) that arise out of or result from:(a) any failure of the Lessee to comply with any of the provisions of the license(s);(b) any contravention by the Lessee of laws or regulations; or (c) the actual or alleged use, delivery or transportation of any of the Leased Equipment or its location or condition.
12. CONFIDENTIAL AND PROPRIETARY RIGHTS
“Confidential Information" shall mean and include any and all information disclosed by one Party to the other in a written, oral or other tangible form. The Parties agree to treat and maintain as confidential and proprietary all Confidential Information furnished by the Parties pursuant to or in connection with this Agreement. Both parties shall keep strictly confidential the terms of this Agreement including the financial terms and shall not disclose such information to any third parties without the prior written consent of the other Party.
13. RIGHTS AND OBLIGATIONS
13.1 All of the Leased Equipment is provided in a good, working condition. The sole remedy to the Lessee for breach of the foregoing warranties is the repair or correction by the Lessor of such non-conformity which repair shall be shared on mutually agreed terms. The Lessor shall, if any problem arises take back such equipment if such defect has been found during the course of the lease period by the Lessee. Except as expressly provided herein ,the Lessor makes no representation or warranty, either express or implied, as to the fitness, design or condition of, or as to the quality or capacity of the material, equipment, purpose or workmanship of the Leased Equipment, nor any warranty that the Leased Equipment will satisfy the requirements of any law, rule, specification or contract, it being agreed that all such risks as between the Lessor and the Lessee are to be borne by the Lessee at Lessee’s sole risk and expense. By accepting the Leased Equipment, the Lessee shall be deemed to have examined the same and the Lessee shall not at any time have claim against the Lessor. The Lessee agrees that, except as expressly provided in this section, the Lessor shall have no liabilities or obligations under warranty to Lessee for damages arising out of in connection with the delivery, use or performance of the leased equipment.
13.2 Notwithstanding any other provision of this Agreement and irrespective of any fault or negligence, the Lessor shall not be liable to the other for any indirect, reliance, special, punitive, consequential, exemplary or incidental damages (including without limitation damages for harm to business, lost revenues, lost sales, lost savings, lost profits (anticipated or actual), loss of use, and claims of third parties), regardless of the form of action, whether in contract, warranty, strict liability or tort or any other legal or equitable theory arising out of or in connection with this Agreement, even if a party has been advised of the possibility of such damages. In no event shall the Lessor be liable for any damages arising out of or in connection with this Agreement or the Services in excess of the amounts paid by Lessee during a period of 12 months preceding the date of the Lessees written notice by which the Lessee informs the Lessor of having suffered any such damage.
13.3 The contents of the Lessor’s website and the equipment the Lessor delivers are provided in good, working condition. The Lessor makes no representations or warranties, whether express or implied, of any kind about equipment’s accuracy or functionality. The Lessor assumes no liability or responsibility for any errors or omissions or changes in the content of their website, for any failures, delays, or interruptions in the delivery of any content contained on their website, for any losses or damages arising from the use of the content provided on their website, or for any conduct by users of their website. To the full extent permissible by law, the Lessor disclaims all representations and warranties about the equipment the Lessor delivers, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall the Lessor be liable to the 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 the Lessor’s website.
13.4 The Lessor will lease charges the leased equipment as and when it becomes available. There may be conditions and situations when the equipment the Lessee has ordered is out-of-stock. The Lessor makes no guarantees as to availability of equipment or timely delivery of such equipment. The Lessor will keep the Lessee informed of any products that the Lessee has ordered that are out-of-stock and unavailable for immediate shipment. If the equipment is out-of-stock or unavailable, the Lessee may cancel the order at any time prior to shipping.
13.5 The receipt of an electronic or other form of order confirmation by the Lessee does not signify the Lessor’s acceptance of the Lessee’s order, nor does it constitute confirmation of the Lessor’s offer to lease charges. The Lessor reserves the right at any time after receipt of Lessee’s order to accept or decline the Lessee’s order or to supply equipment quantity lesser than that ordered by the Lessee.
13.6 The Lessor and the Lessee shall both maintain a Log book which will be used to record the date of receipt and the date of return for every recurring lease interval including but not limited to an electronic log through the web or otherwise during the course of the lease agreement for each of the equipment mentioned in Annexure ‘A’.
13.7 The Lessee will allow the Lessor to stick tags, stickers, nameplates, logos on the equipment indicating ownership of the Lessor.
13.8 If the Lessor shall so request, Lessee shall execute and deliver to the Lessor such documents as the Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of the Lessor in the leased equipment including, but not limited to a UCC financing statement.
14. TERMINATION AND EFFECT OF TERMINATION
14.1 This Agreement shall come into force on the date of execution mentioned herein and shall continue and remain in effect until the Term; provided, however, that (a) the Lessor may terminate the agreement and this Agreement immediately upon written notice of termination following a default or breach by the Lessee in making any payment required here under and/or any other default of any other material obligation under this Agreement and the failure of the Lessee to cure such default or breach within 15 calendar days after receiving written notice thereof; or (b) the Lessee may terminate this Agreement by giving a 30 days notice and by paying the outstanding dues, if any along with the amount of future lease charges payables till the end of the Lease Term.
14.2 Upon termination of the Term or this Agreement for any reason whatsoever, the Lessee shall allow the Lessor / Lessor’s representatives to take the Equipment from the Lessee’s premises in good repair, order and condition (subject to normal wear and tear). Upon termination of the Term or this Agreement, If the Lessee fails to observe, keep or perform any other provision of this agreement, the Lessor may treat the Lessee in default and (a) recover from the Lessee all amounts then due and to become due under this Agreement, such amount at the Lessor’s option to be payable forthwith; (b) take possession of all of the Equipment wherever the same may be located and in this regard, the Lessor and/or its agents may take such steps as it considers necessary or desirable to obtain possession of the Equipment including rendering the Equipment unusable or without notice, liability or legal process enter into any place where the Equipment may be or believed by the Lessor to be, and repossess the Equipment, disconnecting and separating it from any other property and using all force necessary therefore, and the Lessee hereby expressly waives all further rights to possession of the Equipment following any such repossession; and (c) pursue any other remedy available at law or in equity, including without limitation, seeking damages.
14.3 In the event of cancellation during or before the Lease term, cancellation charges may apply in consideration of the Lessor’s preparing, holding in reserve or blocking the equipment on the Lessee’s behalf. The Lessor shall be entitled to compensation, not to exceed the lease payments, for any losses the Lessor may sustain because of the cancellation of all or part of an order. The Lessor may also withhold an appropriate part of the Security Deposit in the event of a premature termination by the Lessee.
14.4 In the event of Lessee not returning the Leased Equipment to the Lessor within a maximum of 15 days of termination of agreement, the Security Deposit will not be refunded and an additional charge of 24% per annum on the lease charges amount till the date of return will be levied on the Lessee and the same will have to be paid to the Lessor.
15. TITLE, USE, LOST, DAMAGED OR UNRETURNED EQUIPMENT
15.1 All the Equipment shall remain personal property and be deemed as property of the Lessor or its owners as the case maybe, whether it has been affixed to realty or otherwise and shall remain subject to the rights of the Lessor as fully as before being so affixed, and title thereto or property therein shall pass to the Lessee upon terms agreed. The Lessee shall at no time contest or challenge the Lessor's sole and exclusive ownership right, title and interest in the Equipment. The Lessee shall be responsible for the safe keeping of the Equipment as the Lessee would do for other similar equipment in its premises, including but not limited to the maintenance of the minimum site environmental conditions for the safe working of the Equipment. The Lessee hereby further undertakes that it shall not approach any third party other then supplier/authorized Lessor for upkeep, repairs and maintenance of the Equipment under this agreement. Failure to observe this condition will be considered as an event of default. The Lessee shall keep the Equipment free from any and all liens, claims or other encumbrances including any judicial process affecting the Equipment whatsoever, and shall do or permit no act or thing whereby the Company’s title or rights may be encumbered or impaired and shall indemnify the Company for any loss caused thereby.
15.2 The Lessee must:
(i) Notify the Lessor in writing if any Equipment becomes lost, stolen, damaged, destroyed or otherwise unfit or unavailable for use from any cause (an Event of Loss);
(ii) Provide the Lessor with all necessary documentation relating to such loss or damage
(iii) Assist the Lessor or his agents in the recovery of the equipment or may equate for Insurance Companies and other concerned parties
15.3 The 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.
15.4 In the event of damage of any kind to the Equipment, the Lessee agrees to pay for any repair that is to be undertaken to the equipment in order to enable it to run in a good and working condition. The Lessor shall decide the venue and place of repair and the Lessee shall adhere to the same. The Lessee will also allow the Lessor to charge Lessee's credit card for loss of lease charges in the event a damage waiver is not availed on the order.
15.5 In the event of leased equipment being damaged beyond repair, the Lessee shall undertake to pay for a full replacement and shall not be entitled to the ownership of the damaged Equipment.
15.6 In the event of stickers attached to leased equipment becoming damaged or lost, Lessees shall pay the full replacement fee of Rs. 50/- per sticker per piece of the leased equipment.
15.7 The Lessee will be allowed to use the said equipment only for purposes decided to by the parties i.e. either for his/her own personal use or to sub-lease all of part of the equipment to other Lessees at the rates decided upon by the parties.
16. MULTIPLE PRODUCT ORDERS
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 an order requiring multiple shipments.
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 5 (“Title, Use, Lost, Damaged, or Unreturned Equipment.”).
18. DAMAGE WAIVER
18.1 The Lessor offers Lessee the option to avail a ‘damage waiver’ for unintentional damage to the Equipment during the Lease charges Period. The determination of whether damage is unintentional and not abuse is at the sole discretion of the Lessor. In the event of the damage covered by a damage waiver, the Lessee will pay the Lessor a deductible amounting to 50% of the value of a new item as the Equipment lease leased to the Lessee. The valuation of the Equipment is within the sole discretion of the Lessor.
18.2 A damage waiver does not cover:
- lost or stolen items
- water damage
- any peripheral items including lens hoods, battery chargers, front and rear caps, cables, others, etc.
If the Lessee loses and/or damages these items, the Lessee will need to pay for such peripheral items to be replaced even if the Lessee avails a damage waiver.
Service Tax at the prevailing rate will be levied for the lease of the equipment. Any other tax/levy/duty that may be applicable may also be levied upon the leased equipment. The Lessee shall pay and hereby indemnify and holds Lessor harmless from all fees, assessments, taxes, octroi and other duties and charges imposed by any governmental body of agency upon or with respect to any equipment, or the possession, ownership, use or operation thereof.
20. LIMITATION OF LIABILITY
THE CONTENTS OF THE FILMIFY – THE RENTAL STORE 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 THE FILMIFY – THE RENTAL STORE WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE FILMIFY – THE RENTAL STORE WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE FILMIFY – THE RENTAL STORE WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE FILMIFY – THE RENTAL STORE 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 THE FILMIFY – THE RENTAL STORE WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
IN NO EVENT SHALL FILMIFY – THE RENTAL STORE 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 NON-LESSOR PROPERTY IT RECEIVES, LESSOR WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.
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.
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.
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.
23. 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
24. 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, 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.
25. 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.
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.
28. DISPUTE RESOLUTION & ARBITRATION
28.1 Any dispute arising out of or relating to this Agreement whether during its term or after expiry thereof or prior termination will be first attempted to be resolved through mutual discussions and conciliation between the Parties. If the Parties are unable to resolve the dispute within thirty (30) days through conciliation, then all disputes and differences of whatsoever nature arriving out of this Agreement, will be settled by arbitration in accordance with the Arbitration and Conciliation Act 1996 and any statutory amendment thereof. The dispute will be referred to the sole arbitrator who will be appointed by the Lessor. The venue of the arbitration will be at Chennai. The decision of the arbitrator will be final, conclusive and binding on the Parties. Notwithstanding the foregoing, however, nothing contained herein will be deemed to prevent either Party from seeking and obtaining injunctive and equitable relief from any court of competent jurisdiction without the posting of any bond or other security.
28.2 The Parties agree that this Agreement and all rights and obligations of the Parties here under shall be governed, construed and interpreted exclusively under the laws of India and both parties shall ensure the compliance of all applicable laws.
28.3 Each Party acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and further agrees that this Agreement, together with the Terms and Conditions and Annexure attached hereto as of the date hereof is the complete statement of the agreement between the Parties. This Agreement may not be modified except by a written instrument duly executed by both Parties.
28.4 If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforce-ability of the remaining provisions shall in no way be affected or impaired thereby and shall continue to remain in full force and effect. The failure or delay of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any right here under.
28.5 This Agreement does not make either Party the employee, agent or legal representatives of the other for any purpose whatsoever.