Rental Agreement

THIS EQUIPMENT LEASE AGREEMENT (“Lease”) is made and effective by clicking on the “I agree, submit this order” button, by and between Night Vision Rentals LLC, (“Lessor”) and current user (“Lessee”). By clicking on the “I agree, submit this order” button, Lessee agrees to be bound by this Equipment Lease Agreement and all the Terms and Conditions therein, whether or not Lessee has read them. Lessor may at its sole discretion modify this Equipment Lease Agreement and all the Terms and Conditions therein at any time. By clicking on the “I agree, submit this 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:

  • Disclaimer – Every effort is made to assure descriptions and prices are correct. Lessor reserves the right to correct errors as needed. All prices and availability are subject to change without notice.
  • Lease – Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (“Equipment”): shown above in the “Contents” area during checkout.
  • Shipping – Lessee agrees to pay both outgoing and return shipping charges at the time of the initial transaction, unless parties otherwise agree. The shipping carrier (“Shipper”) shall be UPS or FedEx unless the parties otherwise agree. A signature will be required upon delivery unless parties otherwise agree.
    • Lessor cannot guarantee a specific time or date for delivery. Any shipping time given by Lessor is only an estimate.
    • Use, by Lessee, of shipping methods other than those arranged for by Lessor is a violation of these terms, and may result in the application of late fees.
  • Term – The term of this lease shall commence at the latter of the date the Shipper shows the first attempted delivery or the first day of the rental period shown on order receipt. The term of this lease shall expire on the expiration of the term of days shown on the order receipt. The Equipment must be returned to the chosen Shipper by the end of business on the last day of the term of the lease.
  • Rent – Rent and a deposit, if applicable, must be paid in advance, in full.
  • Late Returns – Late returns are penalized a maximum daily penalty equivalent to 125% of the daily rental rate for the Equipment. Any penalties will be charged to the Lessee’s form of payment on file with Lessor.
    • In the event the rental is not returned 7 days after the due date and Lessor has been unable to collect the applicable penalties, the equipment will be considered stolen and the Lessee’s form of payment will be charged the full replacement value of the Equipment.
    • If Lessor is unable to collect penalties or the replacement value of the equipment after 7 days, the Lessee shall be considered to be in Default.
    • Lessor reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.
  • Use – Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinance, and regulations in any way relating to the use or possession of the Equipment.
  • Cancellation by Lessor – Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs.
  • Cancellation by Lessee – Lessee may cancel an order subject to the following terms:
    • If an order is cancelled by Lessee before the shipment is tendered to the Shipper, the cancellation will result in no charge.
    • If an order is cancelled after the shipment is tendered to the Shipper, but before it is delivered by Shipper will result in a cancellation fee of the lesser of: $100 per shipped parcel or the 1-day rental fee for the cancelled order.
  • Ownership – The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment. Lessor makes no claims to images, video, or sound recordings made by the Lessee while using the Equipment.
  • Damaged or Modified Equipment – Lessee shall keep the Equipment in good repair and condition.
    • Lessee shall not materially modify or alter the Equipment.
      • In the event of any material modifications, Lessee will be responsible for all reasonable costs of Lessor in restoring the Equipment to its original condition.
    • Lessee assumes and shall bear the entire risk of damage to the Equipment from any cause, except damage in the possession of the Shipper, during the term of the Lease.
      • Unless pre-existing damage is reported to Lessor within 24 hours after Lessee takes possession of the Equipment, it is assumed any damage to the equipment occurred during the term