edelkrone® RentBUY Agreement
By accessing this website and renting equipment from edelkrone®, you agree and acknowledge that you have read, understand, accept full responsibility for and are bound by the terms and conditions contained in this Rental Agreement (as defined below), which also consists of any product you purchase in connection with this rental, as shown in the Reservation Details (as defined below). If you do not agree with any of these terms, do not rent equipment from edelkrone®. edelkrone® may revise these terms at any time without notice. The materials contained on this website are protected by applicable copyright and trademark laws.
“Rental Agreement” means this Online Rental Agreement, including the Reservation Details.
“edelkrone®” means edelkrone USA Inc.
“Equipment” means any one or more of the items identified in the Reservation Details and any associated accessories, attachments or other similar items delivered to you.
“Reservation Details” means the Equipment, Rental Period, Delivery Information, Payment Information and other information set forth on the Confirmation/Order Summary Screen.
“Rental Period” means the period of time between the date “From” and date “To,” set forth in the Reservation Details, except that the Rental Period may extend as provided in Section 10 hereof.
2. AUTHORITY TO SIGN
Any individual agreeing to this Rental Agreement represents and warrants that he or she is of legal age and has the authority and power to sign this Rental Agreement.
Each Rental Period will be for a term of one hundred and eighty (180) days. The term will begin the date edelkrone® ships the Equipment to you. edelkrone® will pay all shipping costs.
4. LIMITATION OF LIABILITY
In no event shall edelkrone® be liable or responsible to you or any other party for: (i) any loss, damage or injury caused by, resulting from or in any way connected with the Equipment, its operation or its use; (ii) edelkrone®’s failure to deliver the Equipment as required hereunder, or edelkrone®’s failure to repair or replace non-working Equipment; (iii) or any incidental, consequential, punitive or special damages. You acknowledge and assume all risks inherent in the operation, use and possession of the Equipment from the time the Equipment is delivered to you until the Equipment is returned to edelkrone®, and you agree to take all necessary precautions to protect all persons and property from injury or damage from the Equipment.
5. USE OF EQUIPMENT
You will not use or allow anyone to use the Equipment: (i) for an illegal purpose or in an illegal manner; or (ii) without a license, if required under any applicable law. You agree, at your sole expense, to comply with all applicable municipal, state, and federal laws, ordinances and regulations (including O.S.H.A. and the Internal Revenue Code) which may apply to the use of the Equipment. You acknowledge that edelkrone® has no responsibility to inspect the Equipment while it is in your possession. edelkrone® shall have the right to replace the Equipment with other reasonably similar equipment at any time and for any reason.
6. DISCLAIMER OF WARRANTIES
edelkrone® makes no warranties, express or implied, as to the merchantability of the Equipment or its fitness for any particular purpose. There is no warranty that the Equipment is suited for your intended use or that it is free from defects. Except as may be specifically set forth in this Rental Agreement, edelkrone® disclaims all warranties, either express or implied, made in connection with this rental transaction.
7. MALFUNCTIONING EQUIPMENT
Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, you shall immediately cease using the Equipment and immediately notify edelkrone®. If such condition is the result of normal operation, edelkrone® will repair or replace the Equipment with reasonably similar Equipment in working order. edelkrone® has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Your sole remedy for any failure or defect in Equipment shall be the replacement of the Equipment with reasonably similar Equipment in working order, in which case the term of the Rental Agreement will be extended by the number of days needed to provide you with replacement Equipment.
8. RETURN OF EQUIPMENT / DAMAGED & LOST EQUIPMENT
At the expiration of the Rental Period, you will return the Equipment to edelkrone® using the pre-paid shipping container edelkrone® provided in connection with delivery of the Equipment. The Equipment is to be returned in the same condition as when delivered to you, subject to reasonable wear and tear, as defined below. You will be liable for all damages to or loss of the Equipment from the time the Equipment leaves edelkrone®’s possession until the Equipment is returned to edelkrone®, including any damage during transit from you to edelkrone®. In the case of the loss or destruction of any Equipment, or inability or failure to return same to edelkrone® for any reason whatsoever, you will pay edelkrone® the balance of the then full replacement list value of the Equipment. If the Equipment is returned in a damaged or excessively worn condition, you will pay edelkrone® the reasonable cost of repair and you will pay rental on the Equipment at the regular rental rate until all repairs have been completed. edelkrone® shall be under no obligation to commence repair work until you have paid to edelkrone® the estimated cost therefor. You agree that edelkrone® reserves the right to charge the credit card you used to rent the Equipment and/or your account for any amount you owe pursuant to this section due to damaged or lost Equipment.
9. REASONABLE WEAR AND TEAR
Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use. Reasonable wear and tear shall not include any damage to the Equipment which is not considered ordinary and reasonable for camera-related equipment.
10. LATE RETURN
You agree that if the Equipment is not returned by the end of the Rental Period, edelkrone® may, in its sole discretion, require you to do any of the following: (i) continue to pay the rental rate(s) applicable to the Equipment as specified in the Reservation Details; or (ii) for Equipment that is not returned more than seven (7) days after the end of the Rental Period, require you to pay the balance of the then full replacement list value of the Equipment, in which case you will own the Equipment. You agree that edelkrone® reserves the right to charge your credit card and/or your account for any amount owed by you pursuant to this section due to late return of Equipment.
All amounts due hereunder shall be payable in full at checkout on the web store or upon your receipt of our invoice. You acknowledge that timely payment of rental charges is essential to edelkrone®’s business operations and that it would be impractical and extremely difficult to fix the actual damages caused by late payment. You agree that there shall be added to all past due rental charges a late payment fee equal to the lesser of 1.5% per month (18% per annum) on any such payments outstanding after 30 days, or the maximum amount allowed by applicable law. You agree that edelkrone® reserves the right to charge your credit card and/or your account for any amount owed by you pursuant to this section due to late or past due payment(s) or rental charges.
You shall be deemed in default should you: (i) in any way fail to pay any amount when due hereunder, or to perform any provision of this Rental Agreement; (ii) become “Insolvent” (as defined herein), or should edelkrone® reasonably anticipate that you may become Insolvent; or (iii) otherwise be in default of your obligations herein. If you are in default, edelkrone® may do any one or more of the following: (i) terminate the Rental Agreement; (ii) declare the entire amounts due hereunder immediately due and payable and commence legal action therefor; or (iii) pursue any other remedies available by law. You shall be considered “Insolvent” if you shall: (i) generally not pay, or be unable to pay, or admit your inability or anticipated inability to pay your debts as such debts become due; (ii) make an assignment for the benefit of creditors, or petition or apply to any tribunal for the appointment of a custodian, receiver, or trustee for you or a substantial part of your assets; (iii) commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or hereafter in effect; (iv) have had any such petition or application filed or any such proceeding commenced against you in which an order for relief is entered or an adjudication or appointment is made; (v) or take any action indicating your consent to, approval of, or acquiescence in any such petition, application, proceeding, or order for relief or the appointment of a custodian, receiver, or trustee for all or any substantial part of your properties.
13. NO ASSIGNMENT, LENDING OR SUBLETTING
You shall not sublease, assign your interest in, or loan the Equipment to any third party. Any such action shall be void and will entitle edelkrone® to immediately collect from you the balance of the then full replacement list value of the Equipment. You agree that edelkrone® reserves the right to charge your credit card and/or your account for any amount owed by you pursuant to this section due to the improper disposition of Equipment.
edelkrone® may at any time, without notice to you, transfer or assign this Rental Agreement or any Equipment or any moneys or other benefits due or to become due hereunder.
14. OPTIONAL PROTECTION PLAN
A. The Protection Plan (“PP”) is an optional product that modifies certain terms of this Rental Agreement. This section is only applicable if you have elected to accept the PP.
PP IS NOT INSURANCE. PP IS AVAILABLE TO CUSTOMERS ONLY IN CONNECTION WITH THE RENTAL OR PURCHASE OF EQUIPMENT FROM edelkrone®.
FOR AN ADDITIONAL CHARGE, PP OFFERS A DAMAGE WAIVER TO LIMIT YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE TO, OR THEFT OF, THE RENTAL EQUIPMENT. PP ON RENTAL EQUIPMENT DOES NOT EXTEND A REFUND PERIOD OR MONEY-BACK GUARANTEE. BEFORE DECIDING WHETHER TO PURCHASE THE DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN INSURANCE COVERAGE AFFORDS YOU COVERAGE FOR DAMAGE TO OR THEFT OF THE RENTAL EQUIPMENT AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. READ THIS SECTION CAREFULLY BEFORE AGREEING TO PURCHASE PP.
C. Terms and Conditions. In return for payment of the fee set forth in the Rental Agreement and/or the Reservation Details, edelkrone® agrees to limit its rights under Section 8 hereof as follows:
i. DAMAGE WAIVER. Subject to the conditions set forth herein, edelkrone® waives its right to collect amounts from you exceeding the lesser of 10% of replacement value of the Equipment, 10% of the cost of repairs, or $200, plus applicable state and local taxes, from losses arising from theft of or direct physical damage to the Equipment.
ii. USER. You agree that you, or a permissive user of yours, will be the only user(s) of the Equipment and that you will not use the Equipment in violation of any terms of this Rental Agreement or law.
iii. EXCLUSIONS. edelkrone® will not waive a claim for loss or damage to the Equipment resulting from intentional abuse of the Equipment. Such losses shall remain subject to Section 8 above.
iv. FEE. PP fees are as outlined on the web store and per product.
15. MISCELLANEOUS PROVISIONS.
A. Any failure of edelkrone® to insist upon your strict performance of any terms and conditions of this Rental Agreement shall not be construed as a waiver of edelkrone®’s right to demand strict compliance. You acknowledge that you have carefully reviewed this Rental Agreement, and you waive any principle of law which would construe any provision hereof against edelkrone® as the drafter of this Rental Agreement. Any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Rental Agreement.
B. You agree to pay all reasonable costs of collection, court costs, attorneys’ fees and other expenses incurred by edelkrone® in the collection of any charges due under this Rental Agreement or in connection with the enforcement of its terms.
C. You shall pay the rental charge(s) without any offsets, deductions or claims.
16. GOVERNING LAW & VENUE
Any claim relating to or arising out of this Rental Agreement shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. For purposes of litigating any dispute that arises directly or indirectly from this Rental Agreement, the parties hereby submit to and consent to the exclusive jurisdiction of the State of Florida and agree that such litigation shall be conducted only in the courts of Orange County, Florida, or the federal courts for the United States for the Middle District of Florida.