Cancellation of pending reservation: 24 hour notice must be given before ship-out or pick-up. Failure to do so will result in a 1 day rental (prorated off the 3 day rate) for all items charged to your card. Lessee can cancel within 24 hours of placing order with no fees, as long as order has not shipped. Canceling a shipped order will result in extra fees.
THIS EQUIPMENT LEASE AGREEMENT ("Lease") is made and effective by
clicking on the “Confirm Order” button, by and between
BorrowLenses.com, ("Lessor") and current
user ("Lessee"). By clicking on the “Confirm
Order” button, 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 this
site. By clicking on the “Confirm 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:
Lessor hereby leases to Lessee, and Lessee hereby
leases from Lessor, the following described
equipment (the "Equipment"): shown in the order preview above.
The term of this Lease shall commence on the day of the first attempt by the
parcel carrier to deliver the item, and expire on the last day of the
rental. The Equipment must be return shipped to BorrowLenses.com during
business hours on the last day of the rental. In the event the last day
is a Saturday, Sunday or postal holiday, a shipping extension to the next
delivery working day is granted.
Until the Lease is shipped back and shows up in the carriers possession, Lessee will be held liable. If the Lease does not show up as tracked with the carrier, Lessee will be liable for the cost to replace the gear, or the late fees once the package begins to track with the carrier.
Lessee is responsible for the payment for the shipping of the Equipment to Lessee’s premises
and back to BorrowLenses.com. Lessor does not ship
on federal holidays. Lessor will send Lessee
an email at the email address Lessee has provided when Equipment is
shipped. Lessor will send Lessee an email at
the email address Lessee has provided when Equipment rented by Lessee is
Lessor cannot guarantee when an order will
arrive. Consider any shipping or transit time offered by
BorrowLenses.com or other parties only as an estimate. Lessee is encouraged
to order in a timely fashion to avoid delays caused by shipping or product
Both the outbound (from Lessor to Lessee’s
premises) and inbound (from Lessee back to Lessor)
shipping charges for the order will be paid in advance and in full. Use of shipping or delivery methods other than those arranged for or specified by the Lessor constitutes a violation of these terms. Said violation may result in the application of penalties/late fees as applicable.
The Lessee is responsible for bringing the package(s) to an authorized shipping location and having the package scanned. Furthermore the Lessee agrees to obtain a receipt for the transaction which shall be retained until Lessor notifies the Lessee that their rental is complete. Dropping the package(s) off in a drop-box, an un-staffed facility, 3rd party shipper, mailroom facility, or USPS facility DOES NOT constitute a safe return of BorrowLenses.com property and constitutes a violation of the terms of the Lease. Any loss occurred at the above listed unauthorized facilities will be entirely the responsibility of the Lessee. Any loss will be calculated at full retail value plus any resulting loss of use charges.
The rent for the Equipment shall be paid in advance in full.
Cancellations are made by contacting us via phone or e-mail and are subject to the following terms:
Cancellation after order has shipped: Order can be cancelled as long as it has not been delivered. All cancellations are subject to full refund minus: 1 day rental rate + round trip shipping + damage waiver (if applicable).
Lessee shall use the Equipment in a careful and proper manner and shall
comply with and conform to all national, state, municipal, police and other
laws, ordinances and regulations in any way relating to the possession, use,
or maintenance of the Equipment. Lessor is in no way responsible for Lessee's
use of the Equipment and shall be indemnified by Lessee for any legal action
resulting from Lessee's use of the Equipment, as explained in Sections 16 and 17 below.
7. Right to Lease.
Lessor warrants that Lessor
has the right to lease the Equipment, as provided in this Lease.
8. Order Acceptance Policy.
Your receipt of an electronic or other form of order confirmation does
not signify Lessor’s acceptance of
Lessee’s order, nor does it constitute confirmation of Lessor’s offer to rent. BorrowLenses.com
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.
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.
Lessor shall keep the Equipment in good repair,
condition and working order and shall furnish any and all parts, mechanisms
and devices required to keep the Equipment in good mechanical working order.
Lessee shall not in any way repair or materially alter the physical or
otherwise makeup of the Equipment.
If Lessee does not comply with the above mentioned, and damage waiver is purchased on the rental item, damage waiver becomes void.
11. Lost, Damaged, or Unreturned Equipment.
Lessee hereby assumes and shall bear the entire risk of loss and damage to
the Equipment from any and every cause. No loss or damage to the Equipment or any part thereof shall impair
any obligation of Lessee under this Lease which shall continue in full force
and effect through the term of the Lease.
In the event of damage of any kind to the Equipment, Lessee agrees to allow Lessor to charge Lessee’s credit card for the full cost of repair of said damaged Equipment. Lessor expressly reserves the right to choose the repair method and venue, within reasonable market value terms. Lessee and Lessor agree to be bound, legally and otherwise, by the report of Lessor’s chosen repair venue as to the cause of the damage to the Equipment. Lessee will also allow Lessor to charge Lessee's credit card for loss of use fees in the event a damage waiver is not purchased on the parent rental order. Loss of use fees are the equivalent to an extension rate for the duration the equipment.
In the event of Equipment becoming damaged beyond repair, Lessees shall pay for a full replacement and shall not be entitled to ownership of the damaged Equipment.
In the event of RFID tags attached to Equipment becoming damaged or lost, Lessees shall pay the full replacement fee of $12.00 per tag per piece of Equipment.
In the unlikely event that the Equipment appears damaged when Lessee receives
Equipment via shipment contractor, Lessee must notify Lessor
immediately within three hours of receiving the shipment. Upon
notification of suspected damage resulting from shipping of the Equipment, Lessor will send Equipment to the manufacturer for
inspection and repair. Lessee and Lessor
agree to be bound, legally and otherwise, by the report of manufacturer.
In the event of default, or a lost or unreturned item, Lessor
reserves the right to pursue civil and criminal remedies against Lessee,
including, but not limited to, taking immediate possession of the Equipment;
obtaining, by Lessee’s credit card or otherwise, from Lessee the cost
of the full retail price of a comparable substitute of Equipment and late
fees assessed prior to deeming the Lessee in default or the Equipment lost or
unreturned; notifying a collections agency, which immediately results in
additional attorneys’ and collection fees being charged to Lessor; filing of criminal charges; employing “skip
tracer,” private investigator, or repossession agency to collect the Equipment or goods
sufficient to repay the value of the Equipment; and/or pursue any and all
remedies are not exclusive.In the
event of litigation to recover any such damages, Lessee is held responsible
for all legal fees and costs incurred by Lessor.
Lessor is deemed to be in
“default” if for any reason payment to Lessee is not delivered,
is disputed, or is otherwise interrupted.
Equipment is deemed to be “lost” or
“unreturned” when Lessee has failed to ship rented Equipment to Lessor within seven (7) days of expiration of Term. If Lessee returns Equipment, in undamaged
state, to Lessor within thirty (30) days of
expiration of Term, the charge to Lessee’s credit card for the price of
a comparable substitute will be refunded to Lessee by Lessor
and a late fee will be charged to Lessee’s credit card. Late returns
are subject to a fee of one-fourth of the one-week rental price at time of
rental, for each day the Equipment is late. Returning an item late without notifying us first may cause
Loss of Use fees to be applied in addition to the late fees.
The amount of the Loss of Use fees will be calculated on a case-by-case basis.
After thirty (30) days, all sales are final.
The Lessor will not be held liable for any damage to the Lessee’s own or personal equipment used in conjunction with the Lessor’s Equipment
12. Out-of-Stock Products and Multiple Product Orders.
Lessor will ship product as it becomes
available. There may be times when the product 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 BorrowLenses.com customer returns
Equipment within the prescribed term period. Lessor
will keep Lessee informed of any products 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 ship all products contained in the order at the same
time. Products that are unavailable at the time of shipping will be
shipped as they become available, unless Lessee notifies Lessor
of their alternate wishes to this end. Lessee will only be charged for
products contained in a given shipment, plus any applicable shipping
charges. Lessee will only be charged for shipping at the rate quoted on
Lessee’s purchase receipt. The entirety of this shipping charge
may be applied to the first product(s) shipped on an order requiring multiple shipments.
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
alone excepted, by delivering the Equipment at Lessee's cost and expense via
the shipping method of Lessor's choice.
Ordinary wear and tear is to be determined at the discretion of the Lessor within the confines of the reasonably common and
ordinary meanings of those terms. Lessee will be responsible for proper
packaging of the return shipment using shipping and packaging materials as
provided by Lessor in the order shipment.
Lessor’s acceptance of the Equipment upon
return by Lessee shall not represent Lessor’s
determination as to condition of Equipment upon return. Lessor reserves the right to accept Equipment upon return
by Lessee and make determinations regarding the condition of the Equipment
within a reasonable amount of time. Lessor’s
determination as to the condition of the Equipment upon return by Lessee is
binding under this Section and Section 11 (“Lost, Damaged, or
If Lessee surrenders Equipment with at least 7 days remaining on the Rental Period,
Lessor will issue Lessee store credit-known as "Early Return Credit"-for the time
remaining. Early Return Credit is a discount code which can be used towards a
future rental. Early Return Credit is NOT a cash refund. If Lessee surrenders
Equipment with less than 7 days remaining on the Rental Period, Lessor will not
issue Lessee a credit. As an example, if Lessee has a 3-week order (i.e., 21 days),
and surrenders Equipment on the 12th day after Lessee rented it, Lessee is due an
Early Return Credit for 9 days. Equipment that is returned within one week of the
due date is not eligible for Early Return Credit. Orders for a Rental Period between
three and seven days are also not eligible for Early Return Credit.
14. Damage Waiver.
BorrowLenses.com offers Lessee the option to purchase a damage waiver for unintentional
damage to the Equipment during the Rental Period. The determination of whether
damage is unintentional and not abuse is at the sole discretion of BorrowLenses.com.
In the event of damage covered by a damage waiver, the insured Lessee will pay
BorrowLenses.com a deductible amounting to 12% of the value of an item in similar
condition to the Equipment rented to Lessee. Valuation of the Equipment is within
the sole discretion of BorrowLenses.com. A damage waiver does not cover lost or stolen
items. A damage waiver does not cover water damage as that is considered to fall under
the category of Lessee negligence. Also, any peripheral items in Lessee's rental
are not covered including lens hoods, battery chargers, front and rear caps,
cables, etc. If Lessee loses and/or damages these items, Lessee will need to
pay for them to be replaced even if Lessee purchases a damage waiver.
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, and other taxes, fees and governmental charges similar or
dissimilar to the foregoing, together with any penalties or interest thereon,
imposed by any state, federal or local government or any agency, or
department thereof, upon the Equipment or the purchase, use, operation or
leasing of the Equipment or otherwise in any manner with respect thereto and
whether or not the same shall be assessed against or in the name of Lessor or Lessee. However, Lessee shall not be required
to pay or discharge any such tax or assessment so long as it shall, in good
faith and by appropriate legal proceedings, contest the validity thereof in
any reasonable manner which will not affect or endanger the title and
interest of Lessor to the Equipment; provided,
Lessee shall reimburse Lessor for any damages or
expenses resulting from such failure to pay or discharge.
16. Limitation of Liability.
THE CONTENTS OF THE BORROWLENSES.COM WEBSITE, AND THE EQUIPMENT LESSOR
DELIVERS ARE PROVIDED "AS IS." LESSOR MAKES NO
REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT
EQUIPMENT’S ACCURACY OR FUNCTIONALITY. LESSOR ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE
BORROWLENSES.COM WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE
DELIVERY OF ANY CONTENT CONTAINED ON THE BORROWLENSES.COM WEBSITE, FOR ANY
LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE
BORROWLENSES.COM WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE BORROWLENSES.COM
WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, LESSOR DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES ABOUT THE EQUIPMENT LESSOR DELIVERS,
INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, LESSOR DOES NOT
REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE BORROWLENSES.COM
WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION
IS SUBJECT TO CHANGE WITHOUT NOTICE.
IN NO EVENT SHALL BORROWLENSES.COM BE LIABLE TO LESSEE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF ANY EQUIPMENT OR THE INFORMATION ON
LESSOR’S WEBSITE. WHILE LESSOR WILL MAKE A REASONABLE EFFORT TO
RETURN ANY NON-LESSOR PROPERTY IT RECEIVES, LESSOR WILL NOT BE LIABLE FOR ANY
LOSSES OF OR DAMAGE TO SUCH PROPERTY.
Lessee shall indemnify and save harmless Lessor
against all loss, damage, expense and penalty, including reasonable attorneys
fees, arising from, related to, or connected with any action on account of
any injury to person or property of any character occasioned by the
operation, handling or transportation of the leased Equipment during the Term
or while the Equipment is in the possession or control of Lessee.
The failure of either party to enforce any provisions of this Agreement shall
not be deemed a waiver or limitation of that party’s right to
subsequently enforce and compel strict compliance with every provision of
this Agreement. The acceptance of rent by Lessor
does not waive Lessor’s right to enforce any
provisions of this Agreement.
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 declare the entire amount of rent hereunder immediately due and
payable without notice or demand to Lessee.
B. To immediately take possession of Equipment without notice or demand
C. To sue for and recover all rents, and other payments, including lost
rental income, then accrued or thereafter accruing.
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
full performance of all obligations to be performed under this Lease.
All of Lessor's remedies are cumulative, and may be
exercised concurrently or separately.
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 any one or more of the remedies set forth in
Section 12 (“Surrender.”) above; and this Lease shall, at the
option of the Lessor, without notice, immediately
terminate and shall not be treated as an asset of Lessee after the exercise
of said option.
21. 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.
22. Claims of Copyright Infringement
It is the policy of BorrowLenses.com to respect the intellectual property
rights of others. BorrowLenses.com does not promote, foster, or condone
the copying of photographs or any other infringing activity.
23. Typographical Errors.
In the event a product is listed at an incorrect price due to typographical
error or error in pricing information received from our suppliers, Lessor shall have the right to refuse or cancel any
orders placed for product listed at the incorrect price. Lessor shall have the right to refuse or cancel any such
orders whether or not the order has been confirmed and Lessee’s credit
card charged. If Lessee’s credit card has already been charged
for the purchase and Lessee’s order is canceled, Lessor
shall immediately issue a credit to Lessee’s credit card account in the
amount of the incorrect price.
24. Entire Agreement.
This instrument constitutes the ENTIRE AGREEMENT between the parties on the
subject matter hereof and it shall not be amended, altered or changed except
by a further writing signed by the parties hereto. If any portion of
the agreement is found unenforceable, it will not affect the remainder of the
agreement, which shall remain valid and enforceable.
Lessee shall not assign this Lease or its interest in the Equipment without
the prior written consent of Lessor.
Headings used in this Lease are provided for convenience only and shall not
be used to construe meaning or intent.
27. Governing Law.
This Lease shall be construed and enforced according to laws of the State
Lessee and Lessor agree that the United States
District Court for the Northern District of California and/or the California
Superior Court for the County
of San Mateo shall have
exclusive jurisdiction over any dispute between you and BorrowLenses.com
relating in any way to the BorrowLenses.com service or website or this
These Terms and Conditions will supersede any terms and/or conditions
Lessee includes with any purchase order, regardless of whether Lessor signs the purchase order or not. Lessor reserves the right to make changes to this site
and these Terms and Conditions at any time.