Rental agreement entered into between:
Lens4Rent Duly authorized by:
…………………………….…………… (I.D. no. ………………………………)
………………………………..………. (I.D. no. …………………………………)
This rental agreement (Lease) is made effective by the Lessee and the Lessor signing this agreement ad the Lessee making full payment of the rental invoice prior to collecting the Equipment. It is understood that this agreement will be valid and of full effect for all future rental/invoices.
GENERAL CONDITIONS RELATING TO THE RENTAL OF LENSES, CAMERAS AND OTHER PHOTOGRAPHIC EQUIPMENT FROM LENS4RENT.
The following terms shall bear the meanings assigned:
• “Lessor”: refers to Lens4Rent being the entity renting to the Lessee:
• “Lessee”: refers to the individual or parties renting the Equipment from the Lessor;
• “Equipment”: refers to lenses, cameras and any other photographic Equipment/accessories leased from the Lessor to the Lessee;
• “Parties”: refers to both the Lessee and Lessor collectively entering into an agreement;
• “Lease”: refers to an agreement entered into between both Parties for the rental of Equipment;
2. Ownership and Assignment
The Equipment is, and shall at all times be and remain, the sole and exclusive property of the Lessor and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease. The Lessee shall not assign or transfer this Lease or its interest in the Equipment without the prior written consent of the Lessor.
The Lessor hereby leases to the Lessee, and the Lessee hereby leases from the Lessor, the following described Equipment (the Equipment) shown in the order. The Lessor warrants that the Lessor has the right to lease the Equipment, as provided in this Lease.
4. Lease Term and Payment
The term of this Lease shall commence on the start date described in the order and shall expire on the finish date shown in the order. The rental price for the Equipment shall be paid in advance in full prior to the Equipment being handed over.
The Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, provincial, municipal, police and other laws, ordinances and regulations of the Republic of South Africa (“South Africa”) in any way relating to the possession, use or maintenance of the Equipment. No unlawful use is permitted.
The Lessee agrees to:
5.1 Keep the Equipment properly housed and sheltered and shall be responsible for any loss or damage to the Equipment if not kept under these conditions. Should the Lessee be found to be negligent whilst in possession of the Equipment, the Lessee will be responsible for the entire loss or damage.
5.2 Ensure that any accessories that form part of the Equipment remain attached to the Equipment at all times. Lens protective coats and protective filters remain on any lenses that form part of the Equipment at all times. Lens covers to be replaced when Equipment is not in use.
5.3 Indemnify the Lessor against all claims for damages to property or persons, whilst using the Equipment.
5.4 The Lessee acknowledges having examined the Equipment and is satisfied with the condition thereof. Furthermore, the Lessee acknowledges that no warranty on the Lessor’s part as to the state of or quality or fitness for any purpose of the Equipment has been given or shall be implied.
5.5 Return the Equipment to the Lessor in the same condition as at the commencement of the rental.
5.6 The Lessee shall be the sole person or entity allowed to use the Equipment and is entirely responsible therefore. The Lessee shall not allow any other person to use the Equipment. The Lessee shall under no circumstances sublet, lend or rent the Equipment to any person or entity.
5.7 The Lessee shall not use the Equipment for any unsuitable purpose for which the Equipment was not designed for.
5.8 The Lessee shall not repair or attempt to repair the Equipment or materially alter the physical make up of the Equipment in any way. No allowance for the rental charges or for the cost of the repairs will be made by the Lessor to the Lessee unless such repairs have been specifically authorized by the Lessor. The Lessor undertakes to deal with all necessary repairs quickly and as reasonably as possible.
6. Damage, Loss and Insurance
The Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause. The Lessee shall be responsible to maintain insurance on the Equipment with losses payable to the Lessor against damage, loss, fire, theft, collision, and other such risks as are appropriate and specified by the Lessor.
In the event of damage of any kind whatsoever to the Equipment, the Lessee agrees to immediately contact the Lessor with an accurate description of the damage and the circumstances of its occurrence followed by written report submitted to the Lessor. The Lessor expressly reserves the right to choose the repair method and venue, within reasonable market value terms. The Lessee agrees to be bound, legally and otherwise, by the report of the Lessor’s chosen repair venue as to the cause of the damage to the Equipment. Any loss must be reported to the South African Police Services and the relevant case number must be given to the Lessor within 24 hours of the loss taking place.
The Equipment will be deemed to be lost when Lessee has failed to return the Equipment to the Lessor within seven (7) days of expiration of the Term. After thirty (30) days, the Lessee will pay to the Lessor the replacement cost of the Equipment. In the event of loss of any kind whatsoever to the Equipment, the Lessee shall, at the Lessor’s option:
6.1 Place the same in good repair, condition and working order; or
6.2 Replace the same with like Equipment in good repair, condition and working order; or
6.3 Pay to the Lessor the replacement cost of the Equipment.
If any of the Equipment or part thereof is lost or stolen the Lessee is responsible for continuing paying the rental charges until the replacement value of the Equipment is paid in full to the Lessor.
If damages occur to any of the Equipment due to the negligence on the part of the Lessee or to any accident, full rental charges remain applicable until repairs are affected.
7. Availability of the Equipment
The Equipment is offered subject to availability when the Lessee’s order is received by the Lessor and the administrative fee has been paid as stipulated on the invoice and confirmation reply e-mail has been received. In the event that ordered Equipment is unavailable as a result of damage, repairs or loss occurred prior to the Lessee’s collection of the Equipment. The Lessor reserves the right to negotiate and arrange suitable or similar Equipment with the Lessee or alternatively cancel the order and refund the Lessee for any payments made to Lessor. The Lessor absolves himself of any claims or loss incurred by the Lessee.
The Lessee shall keep the Equipment free and clear of all levies, taxes, duties, liens, charges and other encumbrances. The Lessee shall report to the Lessor, pay and discharge all levies, taxes, duties, liens, charges and other encumbrances arising from the Lessee’s use or operation of the Equipment. In the event that such are levied against the Lessor, the Lessee agrees to reimburse the Lessor in full for those charges.
The Lessee shall indemnify the Lessor against, and hold the 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 the Lessee’s use of the Equipment. This specifically includes but is not limited to loss of data on the Equipment provided by the Lessor.
Late returns are subject to payment of the daily rental price for each day of late return. If the Lessee fails to pay any rent or other amount herein provided within ten (10) days after the same is due and payable, or if the Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept or performed by the Lessee, the Lessor shall have the right to exercise any one or more of the following remedies:
10.1 To declare the entire amount of rent hereunder immediately due and payable without notice or demand to Lessee.
10.2 To sue for and recover all rents, and other payments, then accrued or thereafter accruing.
10.3 To take possession of the Equipment, without demand or notice, wherever same be located, without any court order or other process of law. The Lessee hereby waives any and all damages occasioned by such taking of possession.
10.4 To terminate this Lease.
10.5 To pursue any other remedy at law or in equity.
10.6 To charge interest at ten percent (10%) per annum on amounts due.
11. Additional Documents
If the Lessor shall so request, the 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 Equipment including, but not limited to, copies of an identity document or passport, proof of residence and proof of insurance.
12. Use of the Equipment outside South African boarder
Prior arrangements need to be made with the Lessor before the Equipment is intended to be used outside of the Republic of South Africa. The Lessor needs to give explicit permission for such intended use.
13. Entire Agreement
This Lease constitutes the entire agreement between the Parties and supersedes any prior understanding or representation preceding the date of this Lease. This Lease may be modified in writing and must be signed by both the Lessor and the Lessee.
Headings used in this Lease are provided for convenience only and shall not be used to construe meaning or intent.
Every effort is made to assure that descriptions and prices are correct. The Lessor reserves the right to correct errors as needed. All prices and availability are subject to change without notice.
Thus signed at ……………………………… on the …….. day of …….. 20…..
Thus signed at ……………………………… on the …….. day of …….. 20…..