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FotoCare Rental App

Terms And Conditions

  1. Rental Day: Rentals that are picked up after 3:00PM are due by 10:00AM the morning after the first 24 hours. Returns after 10AM are subject to an additional day's charge. Weekly rentals are 3 times the daily rate.
  2. Weekend Rentals: Friday 3:00PM to Monday 10:00AM are charged for one day.
  3. Equipment: All equipment is examined and tested prior to and directly after each rental. Foto Care has examined and tested the equipment rented, and has found the same to be in good working condition for the use intended. Any problems with the equipment must be reported immediately to Foto Care to be considered for adjustment. Title to the equipment remains with Foto Care. Renter agrees to use the equipment only in the manner that the manufacturer of the equipment designed and/or intended the equipment to be used and to follow all manufacturers’ operating procedures.
  4. Liability: The equipment rented shall be delivered and returned by the Renter at Renter’s own risk and expense.
  5. Credit: Credit accounts may be established if required. It takes ten days to clear applications.
  6. Payment: Invoices are net 30 days from invoice date. Accounts over 30 days are subject to finance charges at prevailing rates.
  7. Billing: Minimum open account billing per rental is $50.00; any lesser amounts must be on a cash basis.
  8. Returned Checks: There will be a minimum fee of $35.00 for any check that is returned from the bank to Foto Care.
  9. Return of Equipment: The acceptance of rental equipment upon return is not a waiver by Foto Care of any claims for latent or patent damage to the equipment. Renter agrees to return the equipment to Foto Care on or before 10:00AM on the date shown for “equipment due” in the same good order, condition and repair. As used herein the rental day shall commence on the day the equipment is provided or delivered to the Renter and shall continue until the equipment is returned. Renter agrees to pay one (1) additional day’s rental if said equipment is not returned before 10:00AM. If the Renter fails to return the said equipment when due or fails to pay the rental fee therefor, Foto Care may declare the Renter in default; whereupon Foto Care shall have the right to repossess the equipment from the Renter.
  10. Loss: The Renter agrees to assume full responsibility for all rented equipment, and also agrees to compensate the owner to the full replacement value should said equipment be lost, stolen or missing. In no event shall Renter have any claim against Foto Care for consequential and/or incidental damages arising out of this Agreement and/or the equipment.
  11. Insurance: The Renter is responsible for loss or damage due to negligence, theft, improper installation and/or operation of all rented equipment. Renters are urged for their own protection to promptly insure equipment and supplies against theft and/or other casualty loss through every phase of the rental in which such equipment and supplies are to be used, from the time the equipment leaves the possession of Foto Care or Foto Care’s agents for the duration of the rental.
  12. Spare Bulbs: Tungsten units have spare lamps. Spare modeling lamps will be provided for strobe heads upon request. A charge will be incurred for missing, or broken lamps and filaments. Burned lamps must be returned.
  13. Air Freight: Minimum billing is one week when equipment is shipped by Foto Care. Foto Care is not responsible for delays caused by the carrier. Air handling is very hard on electronic equipment, glass, etc. and is out of Foto Care’s control. In the event of any malfunctioning equipment or damage, the Renter is responsible for all rental charges and replacement costs.
  14. Deposits: A deposit for the full replacement cost of the equipment is required unless other arrangements are made in advance.
  15. Cancellations: Please call if you have to cancel a reservation. Cancellation of confirmed rentals are subject to a cancellation fee if less than 24 hours in advance.
  16. Purchase of Equipment: Rentals do not apply against the purchase of equipment unless prior arrangements have been made.
  17. Prices subject to change.
  18. Indemnification: Renter indemnifies and holds Foto Care harmless from any and all losses, including reasonable attorney’s fees, that may occur while the Equipment is in the Renter’s possession.
  19. This Agreement: This Agreement represents the entire understanding between Foto Care and the Renter and may not be changed or modified in any manner other than by a writing signed by both Foto Care and the Rent. This Agreement is governed by the Laws of the State of New York without regard to its choice of law rules. Foto Care’s reasonable attorneys’ fees in connection with the enforcement of this Agreement shall be paid by the Renter. Any dispute arising out of this Agreement or the use of the Equipment shall be exclusively adjudicated in a New York State Court of appropriate jurisdiction in the City, County and State of New York [i.e., Manhattan]. This Agreement and the equipment is not assignable by the Renter. The parties agree that Time Is Of The Essence for this Agreement.