THESE TERMS AND CONDITIONS ARE THE RENTAL AGREEMENT.
The agreement (or lease) (or contract) are made and effective by clicking the “submit order” or “check out” button, signature on order/quote, or by acceptance of Equipment at our location by the renter, it’s representative or by messenger service and shall apply to all equipment rented by customer from Platnin Studios. Renter agrees to be bound by these terms and conditions whether or not Renter has read them.
TERM. The term of this Rental Contract commences on the "Start Date" shown on the packing list and continues until EQUIPMENT is returned in good condition to Adorama Rental Co. Renter agrees the pay the daily rental rate for each day until all items are returned in good and satisfactory condition
LATENESS. If the Renter is unable to return equipment on day specified they must call Platnin Studios. to advise of the change. Charges for rental fees will continue to accrue until equipment is returned.
CANCELLATION. Cancellation of rental orders by renter must be made at least 24 hours before rental period begins by phone or by email. Failure to cancel prior to 24 hours may result in fees equal to one days renal fee to be applied in consideration of Platnin Studios preparing, holding in reserve or sub-renting equipment from other agencies on customer’s behalf. Platnin Studios reserves the right to cancel any order for any reason at any time.
RENT. The charge for each and every item of EQUIPMENT is the amount set forth on the attached packing list. Platnin Studios. shall be entitled to immediate payment of all Rental payments at the conclusion of the Rental Term. Equipment is due back by 10:00am of return date indicated unless it is a special “24 Hour Rental”. Equipment returned after this time will be subject to late fees. A full day’s rental will be charged for any equipment not returned by 10:00am of the due date or after the due time for the special “24 hour rental” and full day rental fees will be charged for each additional day the equipment is not returned. If equipment is returned in damaged or non working condition, the rental period will be extended by the shortest reasonable time necessary to repair the damage or to replace irreparably damaged equipment.
RENTER'S INSPECTION. Upon rental the RENTER agrees that it has or will inspect the EQUIPMENT not later than its delivery of possession to RENTER and that it shall be conclusively presumed that RENTER has fully inspected the EQUIPMENT, is satisfied and has accepted the EQUIPMENT in good condition and repair and has acknowledged that all digital single lens's reflex camera's and digital backs are free from dust, and that the IR filter and IR protection glass are free from scratches. Renter may test the equipment at the rental facility prior to taking possession of equipment.
LOSS AND DAMAGE. RENTER hereby assumes and shall bear the entire risk of loss or damage to the EQUIPMENT from any and every cause whatsoever. No loss or damage to the EQUIPMENT or any part thereof shall release any obligation under this rental agreement which shall continue in full force and effect. RENTER is responsible for the return of all digital equipment in the same condition or a charge will be assessed to replace scratched IR filters or IR protection glass. In the event of any loss or damage of any kind whatsoever to any item of EQUIPMENT, RENTER shall (a) restore it to good condition and repair or replace it with like EQUIPMENT acceptable to Platnin Studios., in good condition and repair, or (b) if in the reasonable judgment of Platnin Studios. any item of EQUIPMENT is determined by Platnin Studios. to be lost, stolen, destroyed or damaged beyond repair, pay Platnin Studios. the full replacement value thereof as set forth on the packing list attached hereto.
SURRENDER. Upon the expiration or earlier termination of the Rental period for any item of EQUIPMENT, RENTER shall return it to Platnin Studios. in good condition and repair.
RISK OF LOSS. Renter assumes all risk of loss whether or not covered by renters insurance. Once renter has taken actual or constructive possession of the equipment (i.e., it has picked up the equipment or the equipment is in transit to it) its responsibility includes, but is not limited to, risks while in transit, at all locations named and unnamed, at all studios, while on premises, while in transit and while in storage on the rental facility’s premises.
NO WARRANTIES. Platnin Studios. makes no warranties, either expressed or implied, as to any matter whatsoever, including without limitation, the condition of the equipment, its merchantability or its fitness for any particular purpose. Platnin Studios. shall not be responsible for any loss of data due to equipment malfunction or otherwise nor for the loss of any data that is stored on any rented media storage devices.
INDEMNITY. RENTER agrees to indemnify, defend and hold harmless Platnin Studios and all its employees, members and agents against any and all claims, actions, damages, liabilities, suits, proceeding, costs and expenses, including reasonable attorney's fees arising out of, connected with, or resulting from the use, condition or operation of the EQUIPMENT by anyone during the rental period. Each party agrees to give the other the prompt notice of any such claim or the institution of any action, suit or proceeding. This indemnification shall survive the term of this contract.
ASSIGNMENT. RENTER shall not (a) assign, transfer, pledge or hypothecate this Rental agreement, the EQUIPMENT or any part thereof or any interest therein (b) sublet or lend the EQUIPMENT or any part thereof or permit the EQUIPMENT or any part thereof to be used by anyone other than RENTER or Renter’s employees. Subject always to foregoing, this Rental Contract inures to the benefit of and is binding upon the heirs, legatees, personal representatives, successors and assigns of the parties hereto.
OWNERSHIP. The EQUIPMENT is and shall always be and remain, the sole and exclusive property of Platnin Studios., and RENTER shall have no rights therein except as expressly set forth herein.
NON-WAIVER. No covenant, term or condition of this Rental Contract can be waived except by the written consent of Adorama Rental Co. Forbearance, indulgence or the failure to insist on the terms hereof by Platnin Studios. in any regard whatsoever shall not constitute a waiver of the covenant, term or condition to be performed by RENTER to which the same apply and until complete performance by RENTER of said covenant, term or condition, Platnin Studios. shall be entitled to invoke any remedy available to Platnin Studios. under this Rental Contract or by law or in equity despite said forbearance, indulgence or the failure to insist on strict compliance with the terms hereof.
RETURN. It is the obligation of RENTER to arrange for the return of all EQUIPMENT, and all such transportation is at the sole risk and expense of RENTER
DATA. Renter must clear all images, content or data from the equipment prior to returning it. If renter fails to do so, Platnin Studios is authorized to do so, without prior notice to renter. Renter is solely responsiblefor storing and safeguarding its images, content and data prior to returning the equipment.
LEGAL FEES & EXPENSES. RENTER shall reimburse Adorama Rental for all and expenses and expenses, including reasonable attorney’s fees incurred by Platnin Studios. in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions or provisions of this agreement.
MISCILLANEOUS. This signed contract, including the terms and conditions constituted the entire agreement between Platnin Studios and the renter. Any changes must be made in writing and signed by both parties. The person signing on behalf of the renter represents and warrants that he or she is authorized to do so.