EQUIPMENT LEASE AGREEMENT
Terms and Conditions
THIS EQUIPMENT LEASE AGREEMENT ("Lease") is made and effective upon Lessee signing this agreement, or placing an order that includes a link to this agreement. Lessee agrees to be bound by these terms and conditions, whether or not Lessee has read them. Lessor may at its sole discretion modify these terms and conditions at any time and any modifications shall become effective immediately as posted on the DHP website. By signing this agreement, Lessee indicates acceptance of the modified terms and conditions. Previous versions of this agreement are posted at the bottom of this page.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:
A. Lease: Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the equipment shown in the order (“Equipment”). Lessor reserves the right to refuse or decline leasing Equipment to potential lessee at Lessor’s sole discretion. Lessor may, at its sole discretion, gather information from third parties regarding potential lessee’s past rental history and credit worthiness.
B. Term: The term of this Lease shall commence on the Rental Start Date and must be picked up by lessee prior to close of business, and expire on the last day of the rental period as shown in the order (“Rental Period”). The Equipment must be returned to Lessor before close of business on rental end date. Should Lessee return the Equipment after expected return date, Lessor reserves the right to charge the Lessee additional Rent for the extra time. You hereby give Lessor permission to contact you via the US mail, email, telephone, or text message regarding information on or status of your rental.
C. Rent and Deposit: All rent will be paid in full at or prior to the time of pick up using a valid credit card.
D. Use: Lessee shall use the Equipment in a careful, safe and appropriate manner and shall comply with and conform to all national, state, municipal, and other laws, and regulations in any way relating to the possession, use or maintenance of the Equipment including any manufacturer’s recommendations, warnings and instructions as to the safe use of the Equipment.
E. Representations, Warranties and Agreements: Lessee has selected the Equipment without relying upon any suggestion or recommendations of Lessor or its employees and Lessee understands and agrees that Lessor assumes no responsibility for the Equipment as being fit for any particular purpose.
Lessor represents and warrants as follows: (1) the Equipment is free from known defects and is in good working order to the best of its knowledge at the inception of the rental; (2) Lessor is responsible for routine repair and maintenance of the Equipment prior to rental; (3) Lessor has the right to enter into the rental of the Equipment.
Lessee agrees as follows: (a) except as set forth in Lessor’s representations and warranties above, the Equipment is rented to Lessee without any warranty or guaranty of any kind, express or implied, and specifically, there is no warranty of merchantability or fitness for a particular purpose; (b) Lessor shall not be held responsible with respect to production downtime, loss of profits, extra expense, indirect, consequential, or punitive damages, production delays; and (c) except as set forth in Lessor’s representations and warranties above, Lessee is responsible for all costs associated with any repair or replacement (without deduction for depreciation) of the Equipment necessitated as a result of Lessee’s usage, possession, transportation or failure to return the Equipment for any reason, including, without limitation, as a result of the negligence or willful misconduct of Lessee, its employees, agents, or contractors. At all times Lessor’s maximum liability in connection with the Equipment is limited to the rent paid to Lessor by Lessee.
F. Used Equipment: Lessee acknowledges that the Equipment may be used gear and may be cosmetically flawed. However, Lessor warrants that the Equipment, whether new or used, will be in proper working condition when leased to Lessee. Should Lessee discover that the Equipment, as received, is not working properly, Lessee agrees to notify Lessor pursuant to Section N of this Agreement.
G. Typographical Errors: In the event a product rental rate is listed incorrectly due to errors in pricing information received from Lessor’s suppliers, Lessor has the right to refuse or cancel any orders placed for products listed at the incorrect rate whether or not Lessee’s credit card has been charged. Should Lessor cancel Lessee’s order, Lessor will immediately credit Lessee’s account for the incorrect amount paid.
H. Order Acceptance Policy: Your signing of this document or completion of payment does not signify Lessor’s acceptance of Lessee’s order, nor does it constitute confirmation of Lessor’s offer to rent. DHP reserves the right at any time after receipt of Lessee’s order to accept or decline Lessee’s order or to supply less than the quantity Lessee ordered of any item for any reason.
I. Out‐of‐Stock Products and Multiple Product Orders: There may be times when the Equipment Lessee ordered is out‐of‐stock which will delay fulfilling Lessee’s order. Lessor makes no guarantees as to availability of Equipment. Any estimate of availability provided by Lessor is based on the assumption that each of Lessor’s customer returns Equipment within the prescribed Rental Period. Lessor will keep Lessee informed of any Equipment that Lessee has ordered that are out‐of‐stock and unavailable for immediate shipment. If Equipment is out‐ of‐stock or unavailable, Lessee may cancel the order at any time prior to shipping. For a multiple product order, Lessor will make every attempt to provide all products contained in the order at the same time. Equipment that are unavailable at the time of pickup of other Equipment will be available for pickup as they become available unless Lessee notifies Lessor of their alternate wishes to this end. Lessee will only be charged for Equipment contained in a given pickup.
J. Cancellations: Lessee may cancel a pending reservation up to 24 hours prior to pick up. Failure to do so will result in a 1 day rental for all Equipment charged to your card. Lessee may cancel within 24 hours of placing an order with no fees or penalties, as long as order has not been picked up. Lessor reserves the right to cancel any order at any time before pickup occurs at its sole discretion.
K. Insurance and Deposit: Some orders may require that Lessee insure the Equipment for the duration of the Rental Period or provide an authorization hold to be placed on Lessee’s credit card on file in an amount to be determined by Lessor until the Equipment has been returned to Lessor in good working order. Should Lessee chose to insure the Equipment, Lessee shall add DBA Digital Harmony Productions as Additional Insureds on Lessee’s insurance policy and provide Lessor with a Certificate of Insurance at the time of the order.
L. Age: Due to the value of the Equipment Lessor will not rent Equipment to persons under the age of 18. Lessee agrees not to allow any person to pick up, or return the Equipment who is under the age of 18.
M. Repairs: Lessee agrees not to attempt to repair or materially alter the physical or otherwise makeup of the Equipment under any circumstances regardless of fault.
N. Loss and Damage: Except as set forth in Lessor’s representations and warranties above, Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease. In the event of damage of any kind whatsoever to the Equipment, Lessor may: (a) charge Lessee’s credit card for the full cost of repair; and (b) repair the Equipment using a vendor at Lessor’s sole discretion. In addition to repair or replacement fees, Lessor may charge Lessee’s credit card for a “Loss of Use Fee”. “Loss of Use Fee” is equal to the daily rental fees Lessor would have been entitled to receive for the Equipment had it not been damaged or lost. In the event the Equipment becomes damaged beyond repair, Lessee shall pay Lessor the full replacement value of the Equipment. Lessee must ensure that the Equipment, when returned to Lessor, is clean. Should the returned Equipment be deemed dirty in Lessor’s sole judgment, Lessor reserves the right to charge Lessee a “Cleaning Fee”.
O. Non‐Working Equipment: Lessee shall notify Lessor within 3 hours of receipt of Equipment any malfunction and/or alleged damage of such Equipment. In the event Equipment is not functioning and/or damaged other than as a result of Lessee’s negligence or willful acts, Lessee must not attempt to repair or modify the equipment himself/herself. Lessee must return such non‐working Equipment to Lessor and Lessor will either replace the non‐working Equipment with a functioning equivalent (“Replacement Equipment”) or issue Lessee a credit or full refund of all rental charges paid by Lessee at Lessee’s option. The rental charges for all such non‐working Equipment so returned will commence upon Lessee’s receipt of the replacement Equipment. Once Lessor receives notification of suspected damage of Equipment in transit, Lessor shall send such damaged Equipment to the manufacturer for inspection and repair. Lessee and Lessor hereby agree to be bound by the damage report provided by such manufacturer as to the cause and liability of such damage.
P. Surrender: Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof excepted, by dropping the Equipment at Lessor’s premises. Lessor’s acceptance of the Equipment upon return by Lessee shall not represent Lessor’s determination as to the condition of the returned Equipment. Lessor reserves the right to inspect the Equipment within a reasonable time after the return of the Equipment and make a determination as to whether such returned Equipment was damaged during the Rental Period.
Q. Early Surrender: Policy update: “If Lessee surrenders the Equipment with at least 1 day remaining in the Rental Period, Lessor will issue Lessee an “Early Return Credit” or “Early Return Refund” for the remaining unused time. Early Return Credit is a discount code that may be applied towards future rentals and Early Return Refund will be issued to the credit card on file. Early Return Refunds will be issued minus a 25% processing fee (calculated from the remaining day’s total). To receive an “Early Return Credit” or “Early Return Refund”, Lessee must request such credit or refund at the time of early surrender via email at “email@example.com.”
Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee, or Lessor at Lessee's expense, shall report, pay and discharge when due all license and registration fees, assessments, sales, use and property taxes, gross receipts, taxes arising out of receipts from use or operation of the Equipment, together with any penalties or interest thereon, imposed by any state, federal or local government or any agency, or department thereof, whether or not the same shall be assessed against or in the name of Lessor or Lessee. Lessee shall indemnify and hold Lessor harmless from any taxes, fees, and penalties arising out of Lessee’s lease, use and possession of the Equipment except for those taxes, fees and penalties based upon Lessor’s income.
S. Indemnity: Lessee shall indemnify Lessor against, and hold 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 Lessee's use of the Equipment, including without limitation the selection, possession, use, operation, or return of the Equipment.
T. Default: If Lessee fails to pay any rent or other amount herein provided within ten (10) days after the same is due and payable, or if Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept or performed by Lessee, Lessor shall have the right to exercise any one or more of the following remedies:
a. To charge Lessee’s credit card on file for all amounts due (including any late fees) and owing.
b. To sue for and recover all rents, and other payments, then accrued or thereafter accruing.
c. To take possession of the Equipment, without demand or notice, wherever same may be
located, without any court order or other process of law. Lessee hereby waives any and all damages occasioned by such taking of possession.
d. To terminate this Lease.
e. To pursue any other remedy at law or in equity.
Notwithstanding any repossession or any other action which Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of the Lessee to be performed under this Lease. All of Lessor's remedies are cumulative, and may be exercised concurrently or separately.
U. Bankruptcy: Neither this Lease nor any interest therein is assignable or transferable by operation of law. If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Lessee, or if the Lessee is adjudged insolvent, or if Lessee makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on the Equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Lessee is a party with authority to take possession or control of the Equipment, Lessor shall have and may exercise the option to, without notice, immediately terminate the Lease. The Lease shall not be treated as an asset of Lessee after the exercise of said option.
V. Ownership: The Equipment is, and shall at all times be and remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.
W. Additional Documents: If Lessor shall so request, Lessee shall execute and deliver to Lessor such documents as Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of Lessor in the Equipment including, but not limited to a UCC financing statement.
X. Entire Agreement: This instrument constitutes the entire agreement between the parties on the subject matter hereof.
Y. Notices: Service of all notices under this Agreement shall be sufficient if given personally or by certified mail, return receipt requested, postage prepaid, at the address hereinafter set forth, or to such address as such party may provide in writing from time to time.
Z. Governing Law: This Lease shall be construed and enforced according to laws of the State of California.
Published: May 15, 2018