RENTAL POLICY TERMS & CONDITIONS
These terms and conditions are incorporated and part of the Rental Order No. (“Order”), together representing the Rental Agreement between Pro Photo Supply, Inc. (“Pro Photo Supply”) and yourself (“Renter”) for the rental of the items described on the Order (collectively, the “Equipment”).
Binding Terms and Conditions
THESE TERMS AND CONDITIONS, ALONG WITH THE ORDER, SET FORTH THE COMPLETE AND EXCLUSIVE TERMS OF THE AGREEMENT BETWEEN RENTER AND PRO PHOTO SUPPLY AND MAY NOT BE CHANGED EXCEPT IN WRITING SIGNED BY PRO PHOTO SUPPLY’S PRESIDENT.
Equipment is rented on a first come, first served basis. Reservations may be placed up to 60 days in advance and must be canceled through the rental department at least 24 hours in advance or Renter will be charged rent for the period reserved.
Rental Periods and Rates
Rental rates are daily and begin at 10 a.m. the day the Equipment is available or is in route to Renter, and end at 10:00 a.m. on the due date. The rental rate on the Order shall control. The maximum rent for a seven-day period is three times the daily rental rate and for a 30-day period is 10 times the daily rental rate.
By entering into this Agreement, Renter is representing that Renter is at least eighteen (18) years of age. If Renter is under the age of eighteen (18), Renter’s parent or guardian represents that such parent or guardian is authorizing this rental. Parent or guardian is required to be present at pick up to sign the contract, and agrees to be bound by the terms hereof on behalf of the minor.
Pro Photo Supply relies upon the due date in leasing Equipment to others. If Renter returns the Equipment late, then, without regard to the “maximum rent” provision above, Renter will be charged the daily rental rate for the day it is due and each day thereafter until the Equipment is returned, and any lost rental income.
Renter must ensure that the Equipment is clean when returned to Pro Photo Supply. Should the returned Equipment be deemed dirty (with smoke, mud or dirt, chalk or powder, sand, etc.) in Pro Photo Supply’s sole judgment, Pro Photo Supply reserves the right to charge a Rental Cleaning Fee.
A deposit equal to the estimated replacement cost of the Equipment may be required. The deposit will be in the form of cash or an “Account Hold” on a credit card with satisfactory photo identification. The “Account Hold” will hold funds in the amount of the deposit for seven to ten days.
Use of Equipment and Instruction Manual Policy
Renter shall operate Equipment in a professional manner and in accordance with the manufacturer’s instructions. Instruction manuals are provided upon request and will be charged for if not returned with the Equipment. Renter’s acceptance of the Equipment confirms that Renter has inspected the Equipment and that it is in good working order, functions as expected, and is free of defects, unless noted in writing on the Order.
Loss or Damage
Renter is responsible for all risk of loss while Equipment is in possession of, or in route to, Renter and shall pay the full replacement cost of Equipment not returned (including if lost or stolen) or damaged beyond repair (as determined by Pro Photo Supply in its sole discretion).
Renter must obtain insurance coverage on Equipment unless Renter has an established credit account and Pro Photo Supply has waived this requirement in writing. The insurance must be all risk, equal to the replacement cost of the Equipment (as set by Pro Photo Supply), the primary insurance for the Equipment, and name Pro Photo Supply as a “loss payee.” Pro Photo Supply may require proof of insurance at any time.
“Try Before You Buy” Policy
If Renter purchases substantially similar new and in stock Equipment from Pro Photo Supply within six business days of a rental, Pro Photo Supply will credit one day’s rental rate against the purchase price.
Spare Bulb and Battery Policies
Spare modeling lamps and flashtubes are provided upon request and without charge so long as any inoperative lamp or flashtube is returned. Renter should carry spare batteries. Charged batteries will be provided but are not guaranteed. Renter will be charged for any missing or damaged lamps, flashtubes, or batteries.
Disclaimer of Warranty/Limitation of Remedies
EXCEPT AS EXPRESSLY STATED HEREIN, PRO PHOTO SUPPLY MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE CONDITION OR OPERATION OF RENTED EQUIPMENT AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING THE WARRANTY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RENTER SHALL HAVE NO CLAIM FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AMOUNTING FROM THE EQUIPMENT; RENTER’S EXCLUSIVE REMEDY SHALL BE RETURN OF ALL OR A PORTION OF THE RENT PAID BY RENTER. RENTER SHALL INDEMNIFY AND HOLD PRO PHOTO SUPPLY HARMLESS FROM ANY CLAIM RELATING TO THE EQUIPMENT.
Pro Photo Supply may recover unreturned Equipment from Renter. If Pro Photo Supply incurs any costs in attempting to recover the Equipment or any amount due, Renter shall reimburse Pro Photo Supply for reasonable attorneys’ fees and court costs, including those on appeal. This Agreement is governed by Oregon law, without regard to its conflict of laws provisions. Venue for any proceeding arising out of or related to this Agreement or the rental of the Equipment lies exclusively in Multnomah County, Oregon, and all parties stipulate to the personal jurisdiction of such court and waive any right to remove or transfer the proceeding to any other court or venue.