THIS EQUIPMENT LEASE AGREEMENT (“Lease”) is made and effective by clicking on the “I agree, submit this order” button, by and between Digital Year One LTD., (“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,
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.
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (“Equipment”): shown above in the “Contents” area during checkout.
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.
4.Rental Fees And Deposit
All rental prices posted at www.digitalyearone.com or provided to Lessee via a custom quote shall constitute Lessor’s offer for fair rental price of the equipment. Every effort is made to assure descriptions and prices are correct. Lessee has no right to receive any equipment for posted prices that Lessor determines are in error. Lessor reserves the right to correct errors in pricing and availability as needed and without warning or notice provided the equipment has not yet been shipped or delivered to Lessee.
A deposit may be required of the Lessee by the Lessor. Lessor at its sole discretion may waive collection of a deposit. Said deposit will be held by Lessor until the leased equipment is returned to the Lessor by the Lessee in good condition, on time, and with all accessories included in the return package that were originally transferred to Lessee. The deposit may be used to cover damages to the equipment incurred during the Lessee’s rental period, missing equipment or accessories, for late fees, or for any other reason deemed necessary by Lessor to enforce any portion of this agreement or for expenses incurred by Lessor with respect to return of equipment. The deposit may not cover all charges due to Lessor. When deposit has not been collected from Lessee or the deposit is not sufficient to cover charges due to Lessor then Lessee herby authorizes Lessor to bill Lessee or charge the credit card on file.
5. Late Returns
Late returns are penalized a maximum daily penalty equivalent to 60% of the 3 day 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.
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.
7. Cancellation by Lessor
Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs.
8. Cancellation by Lessee
Lessee may cancel an order at any time, for any reason until the Lessor transfers possession of the Equipment to the Shipper.
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.
10. 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 normal condition.
- Lessee assumes and shall bear the entire risk of damage to the Equipment from any cause.
- 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 of the Lease.
- If there is a dispute between Lessor and Lessee as to whether damage occurred in possession of the Shipper, the equipment shall be sent to an external repair facility. The opinion of the repair facility, as to the cause of the damage, shall be binding on the parties.
- In the event of damage, Lessor shall choose the repair method and venue, within reason.
- If Lessor chooses an external venue for repair, Lessee is responsible for the total cost of repair, if commercially reasonable.
- Lessor may elect to repair the Equipment in-house. In these cases, Lessee shall be responsible for Lessor’s reasonable expenses for parts and labor.
- Lessee’s form of payment shall be charged the amount of repair expenses owed to Lessor. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
- At Lessor’s discretion, a cleaning fee may be charged if any of the following must be removed from the equipment upon return:
- Mud or dirt
- Chalk or powder
- Any other matter that must be removed from the Equipment before it is placed back in Lessor’s inventory
11. Loss of Equipment
Lessee assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease.
- Lost or Stolen Equipment – In the event that the Equipment is reported by Lessee to be lost or stolen during the term of the Lease, Lessee is liable to Lessor for the replacement value of the Equipment.
- Lessor shall charge Lessee’s form of payment the amount owed for replacement of the lost or stolen Equipment.
- If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
- Unreturned Equipment – If the Equipment is not returned within seven days of expiration of the term of the Lease, the Lessee shall be liable for the replacement value of the Equipment.
- In case of a dispute over whether the Lessee returned the Equipment:
- If the tracking information for the return shipping label provided by Lessor does not show that the Equipment has been picked up by Shipper and the Lessee has no drop-off receipt, the Equipment is considered unreturned.
- If Lessee used an alternate shipping method, not arranged in advance by the parties, and the Equipment is subsequently lost in transit, the Equipment is considered unreturned. 2. Lessor shall charge Lessee’s form of payment the amount owed for replacement of the unreturned Equipment. 3. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
In the event of default, all amounts owed by Lessee to Lessor are immediately due.
- In the event of default, Lessee shall be responsible for any reasonable expenses of Lessor in attempting to recover the amount owed from Lessee including collection fees and attorney’s fees.
- Lessor reserves the right to pursue all available civil and criminal remedies against lessee, including but not limited to: recovering possession of the equipment, obtaining from Lessee’s form of payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any civil remedies available. These remedies are not exclusive.
13. DYO Care Plan
Lessee, may elect, on certain items, to pay an additional sum to Lessor for a limitation of liability for damaged equipment. When purchased, the DYO Care plan limits Lessee’s liability in the case of damage on covered equipment.
- Damaged equipment must be returned to Lessor at the expiration of the rental period.
- On equipment covered by the optional DYO Care plan, Lessee’s maximum liability of damage is the lesser of 30% of the replacement cost of the equipment or the actual cost of repair.
- The DYO Care plan only limits liability for damage caused by the ordinary negligence of the Lessee and does not cover any of the following types of damage:
- Water damage;
- Camera sensor damage caused by exposure to the Sun;
- Intentional damage;
- Damage arising from reckless or grossly negligent use of the equipment;
- Damage caused by abnormal or abusive use of the equipment;
- The DYO Care plan does not limit the liability of the Lessee in regards to:
- Equipment not returned to Lessor due to theft, loss, or any other casualty;
- Lost accessories.
14. Missing Accessories
In the event of any missing accessories (caps, hoods, tripod rings, bags, etc.), Lessee is fully liable to Lessor for the replacement cost of the missing items.
Lessor does not assume, and the customer indemnifies Lessor against any liability or claims resulting from use or malfunction of the equipment. Lessee assumes all liability that may arise from use or failure of the equipment.
Lessee is responsible and liable financially and legally for any and all damages to the rented equipment, person, or property that may result in the course of using the rented equipment or its failure. Lessee is recommended to carry both liability insurance coverage as well as non-owned equipment insurance that will cover the equipment leased or rented from Lessor. Lessor (Digital Year One LTD.,), it’s owner, or it’s affiliates are not responsible or liable for any laws broken by Lessee or its designated operators, lost revenue of Lessee as a result of equipment operation or failure or of Lessor to provide the requested equipment, fines or penalties incurred, accidents, damage to person or property, invasion of privacy, sabotage, or damage to the leased equipment whether unintentional or intentional by Lessee or any other incident that may occur as a result of Lessee use, including equipment malfunction out of control of the user (Lessee). Lessee accepts full responsibility for damage to people or property including themselves and the leased equipment and for operating the equipment in a safe manner.
Lessee is solely responsible for designating the Remote Pilot in Command that will operate the equipment. The Remote Pilot in Command (RPIC) is responsible for assuring airworthiness of the equipment and ensuring the safe and effective operation of the equipment. This agreement is between the Lessee and the Lessor, NOT between any individual that Lessee may designate as RPIC to operate the equipment.
Lessor makes no representation as to the satisfactory operation of the leased equipment and will only process refunds at Lessor’s discretion. Lessor will not be liable to the Lessee for consequential or collateral damages resulting from any defect or deficiencies in accepted items.
Lessor shall in good faith assure that all equipment is in functional condition before delivering or shipping to Lessee. Liability of Lessor, its owners, its affiliates, its contracted courier, employees, contractors for any failure to provide the Lessee the requested rental equipment for the requested dates, shall be limited to the amount of the original rental fees paid by the Lessee for the equipment rental order in dispute. Lessor may at its discretion provide a reasonable settlement for any failure on the part of Lessor, it’s contractors, or employed agents but the extent of liability will under no circumstance exceed the amount of the original rental fees paid by the Lessee for the order in dispute.
Any information on regulations, operation, guidance, etc, provided by Lessor, it’s owner, or affiliates on its website or via email or any other means of communication should be considered as “information only”, Lessee is responsible for obtaining the correct information on equipment operation, care, and control, and laws applicable to operation where Lessee resides and operates. Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinances, and regulations in any way relating to the use or possession of the Equipment.
Lessee is renting equipment only. Lessee is not renting or paying for any technical support service, consulting, or expertise neither legal nor technical unless such expertise or consulting services have been separately and explicitly purchased. Lessee is solely responsible to possess or gain via their own means the knowledge and experience necessary for the safe and effective operation of the equipment. Lessee is advised to rent equipment ahead of time before any critical projects and to plan some contingency time for any self-training needed, any delays in equipment delivery by courier used by Lessor, weather or any other cause of delay.
Technical Support may be provided by Lessor as a courtesy during business hours. Lessor is not obligated to provide any technical support services under this agreement. Any technical support given to Lessee or any self help guides, manuals, or any published information on Lessor’s websites shall be considered information only. Lessee is ultimately responsible for ensuring that they have the correct information for the safe and effective operation of the equipment.
16.Privacy Statement & Use of Information
Lessee will be asked to provide photo identification. A Lessor employee will scan the documents you provide to us and take a current photo of you. We assure you that all of the information that we capture is held in a secure server and not released to the public. Digital Year One Ltd. is the sole owner of the information we collect. We will not sell, share, or rent this information to others.
17. Severability and Governing Laws
This represents the entire agreement between Lessor and Lessee. If any portion of this agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable.