Rental Agreement

The Aperturent.com web site and this Rental and Use Agreement are offered to You ("Customer" or "You") conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein.

This Rental and Use Agreement is accepted and made effective by your use of the Aperturent.com web site. Additionally, by clicking on the "Place Order" button during the checkout process, You are expressly accepting, acknowledging and consenting to all terms and conditions contained herein, including but not limited to all provisions relating directly to Aperturent.com services and the rental or lease of items from Aperturent.com. By clicking the "Place Order" button, You are also attesting that You understand and agree to the terms and conditions contained herein.

  1. Disclaimer: Every effort is made to assure descriptions and prices are correct. Aperturent.com reserves the right to correct errors and make other necessary changes as needed. All prices and availability are subject to change without notice. Aperturent.com does not guarantee that any content is accurate or complete, including price information and product specifications.
  2. Rental Period: Commensurate with the rental of the items delivered or shipped ("Equipment") to the Customer, Aperturent.com shall deliver to the Customer a receipt bearing a description of the Equipment, the Customer name, the number of days rental, the date of the order and an order number (hereinafter referred to as the "Order Invoice"). The term of Rental Period shall be for the number of days indicated on the Order Invoice. The initial day of the Rental Period shall be the day the Equipment is picked up from Aperturent.com or the day the first attempt is made by the parcel carrier to deliver the Equipment to the Customer. The last day of the Rental Period shall be the calendar day derived by adding the number of days rental (as indicated on the Order Invoice) to the date of the Order Invoice. To avoid late charges the Equipment must be returned to or shipped back to Aperturent.com on or before the last day of the Rental Period. In the event the last day of the Rental Period, as derived herein, is a Sunday or a holiday recognized by the United States Postal Service ("Holiday"), the last day of the Rental Period shall be the business day following such Sunday or Holiday. All Equipment being returned to Aperturent.com must be delivered during office operating hours; returns of Equipment outside of Aperturent.com office operating hours will not be accepted and, depending on the date of the subsequent return during Aperturent.com office operating hours, may incur late fees in accordance with Section 6 "Late Returns." The Customer hereby consents and agrees that any and all damaged or lost Equipment resulting from returns attempted outside of Aperturent.com office operating hours will be the sole responsibility of the Customer.
  3. Rental Fees: "Rental Fees" are the charges for renting the Equipment, shipping costs and security deposits, if applicable. All Rental Fees must be paid in full and in advance before the Equipment will be released or shipped.
  4. Shipping: Both outgoing and return shipping to Aperturent.com will be charged to the Customer at the time of the initial transaction. Equipment will be shipped via insured FedEx with signature required upon receipt, unless both parties have agreed to other shipping methods prior to the transaction. Aperturent.com reserves the right to select alternate shipping arrangements (including alternate carriers, services and transit times) if necessary to complete delivery. Additional shipping charges may apply for package rerouting or upgrades to shipping selected by the Customer.

    Aperturent.com ships Equipment only during Aperturent.com office operating hours and does not ship on Holidays as recognized by the United States Postal Service. Aperturent.com makes no guarantee relating to the transit time or delivery date of rented Equipment, and any transit time or delivery date provided by Aperturent.com is provided only as an estimate and as a courtesy to the Customer. The Customer consents and agrees that Aperturent.com is not liable for any loss or damage incurred by the Customer as a result of unavailability of Equipment, delay in shipping, transit time, or delivery.

    The Customer is responsible for delivering the packaged Equipment to a staffed FedEx shipping facility, or other shipping carrier that has been agreed to by Aperturent.com, for return to Aperturent.com. The Customer further agrees to obtain a receipt for the return shipping transaction, which Customer agrees to retain, and make available to Aperturent.com if requested, until Aperturent.com has confirmed receipt of the Equipment and the completion of the order. The Customer consents and agrees that any delay, loss, or damage resulting from shipments or attempted shipments involving a drop-box, unstaffed facility, non-FedEx, or otherwise agreed to by Aperturent.com, third party shipping carrier, mailroom facility or the United States Postal Service facility, is the sole responsibility of the Customer.
  5. Cancellations: Aperturent.com reserves the right to cancel any order, for any reason, at any time before delivery occurs. Customer may cancel an order at any time, for any reason prior to such time as Aperturent.com delivers the Equipment to the Customer or the shipper.
  6. Late Returns: If any Equipment rented under this Rental and Use Agreement is more than one (1) day late, the Customer agrees to pay an additional late fee equal to the three (3) day rental rate amount for each piece of Equipment not returned within the Rental Period. Customer authorizes and agrees that this late fee will be charged to the same credit card used for payment of the Rental Fee. In the event the Equipment is not returned within three (3) days following the last day of the Rental Period, Customer hereby authorizes, consents and agrees that the total replacement cost of the Equipment will be charged to the same credit card used for payment of the Rental Fee.
  7. Maintenance of Equipment: The Customer consents and agrees to maintain the Equipment in good repair, condition and working order and shall furnish any and all parts, mechanisms, accessories and devices required to keep the Equipment in good repair, condition and working order during the Rental Period, including but not limited to cleaning supplies and cases. With the exception of any parts, mechanisms, accessories and devices provided by Aperturent.com with the Equipment, it is the obligation of the Customer to obtain and use all items necessary to maintain the Equipment in good repair, condition and working order.
  8. Damage or Loss: Damage or loss of the Equipment during the Rental Period is the sole responsibility of the Customer. Aperturent.com strongly encourages Customers to obtain insurance covering the Equipment for the duration of the Rental Period. If the Customer has not notified Aperturent.com of damage within three (3) hours of receipt of the Equipment, Customer hereby attests, understands and agrees that the Equipment was received in good and fully functioning order. Notice relating to damages to Equipment must be made pursuant to Section 10 "Form of Notice Required by Customer."
    1. In the event of loss of the Equipment, the Customer agrees to pay the total replacement cost of the Equipment to Aperturent.com.
    2. In the event of damage to the Equipment, the Customer agrees to pay actual repair costs at the appropriate factory service center as selected by Aperturent.com. Aperturent.com reserves the right to select the means and method of repair for the Equipment. The Customer shall not make, or allow to be made, any repairs to, or attempt(s) to repair, the Equipment without prior, written authorization of Aperturent.com. The Customer agrees to pay the total replacement cost of the Equipment to Aperturent.com if any unauthorized repair or alteration is done to the Equipment. If the optional damage insurance is purchased from Aperturent.com, the Customer agrees to pay a deductible of 10% of the total retail cost of the Equipment. The optional damage insurance does not cover water damage.
    3. In the event that the Customer alleges that the Equipment failed, was defective, or otherwise did not function properly, and denies or disputes that the Equipment was damaged while in Customer’s possession, the determination of the factory service center, as selected by Aperturent.com, will be considered binding concerning Equipment failure or damage, including the causation of same. Customer hereby consents to be so bound by the factory service center determination.
    4. Aperturent.com’s acceptance of Equipment returned is not a waiver by Aperturent.com of any claims against Customer for damage to the Equipment.
    5. The Customer is responsible for any and all damage to the Equipment resulting from improper packaging of the Equipment being returned to Aperturent.com.
    6. The Customer hereby consents that upon notifying Aperturent.com that the Equipment has been lost or damaged, or upon Aperturent.com’s determination that the Equipment has been lost or damaged while in the Customer’s possession, Aperturent.com will determine the total replacement cost or repair cost of the lost or damaged Equipment and notify the Customer of the amount owed. Upon receiving notice of the total replacement cost or repair cost of the lost or damaged Equipment, the Customer hereby consents to make payment for the total replacement cost or repair cost of the lost or damaged Equipment within three (3) calendar days. If payment is not received by Aperturent.com within three (3) calendar days of notice to the Customer of the total replacement cost or repair cost, the Customer hereby authorizes, consents and agrees that the total replacement cost or repair cost may be charged to the credit card used for payment of the Rental Fee.
    7. If Customer does not provide notice of the loss of Equipment to Aperturent.com, Customer hereby acknowledges and consents that following the expiration of the Rental Period, Aperturent.com may proceed with the actions described in Section 6 "Late Returns" and upon default, may proceed with the actions described in Section 9 "Default by Customer and Delinquent Accounts."
  9. Default by Customer and Delinquent Accounts: If Customer fails to meet or satisfy any term, condition, notice or other obligation under this Rental and Use Agreement, including but not limited to the situations where the charges described in Section 6 "Late Returns" and/or Section 8 "Damage or Loss" remain unpaid following Aperturent.com’s effort to charge the credit card used for payment of the Rental Fee, Customer shall be in default and hereby acknowledges and consents to the following actions that may be taken:
    1. Aperturent.com may, at any time, institute a civil lawsuit seeking the recovery of the Equipment, or value of the same, any and all other available damages, and all attorney’s fees, costs and expenses. IN THE EVENT WHERE Aperturent.com COMMENCES ANY SUCH LITIGATION AGAINST CUSTOMER, CUSTOMER HEREBY CONSENTS AND AGREES TO BE HELD RESPONSIBLE FOR AND SHALL PAY FOR ALL COURT COSTS, ATTORNEY’S FEES AND OTHER LITIGATION EXPENSES INCURRED BY Aperturent.com.
    2. The account may be turned over to a collections agency. Additional attorney's fees and collection fees incurred by Aperturent.com will be the sole responsibility of the Customer, and the Customer consent and agrees to pay same. These fees are not waivable and the collection process will continue until these fees are collected, even if the Equipment is returned.
    3. Aperturent.com reserves the right to seek a criminal indictment and obtain a bench warrant in the appropriate jurisdiction once the account is thirty (30) days old. Our collection agency may employ "skip tracers" or repossession agencies to collect the Equipment or goods sufficient to repay the value of Equipment. Customer hereby consents and agrees to his or her responsibility for the cost(s) of any "skip tracer" or repossession efforts of Aperturent.com.
  10. Form of Notice Required by Customer: Customer hereby acknowledges and consents that any notice required to be provided to Aperturent.com pursuant to this Rental and Use Agreement must be submitted using one of the following forms:
    1. Email: info@aperturent.com
    2. Certified Mail to: 6065 Roswell Road NE #515, Atlanta, GA, 30328.
  11. Indemnification and Exclusion of Liability: Customer hereby consents to indemnify and hold harmless Aperturent.com against any claim or liability arising out of, relating to, or otherwise concerning this Rental and Use Agreement, Aperturent.com, use of Aperturent.com services or Equipment, or use of the Aperturent.com web site, whether brought by Customer or any third party, including but not limited to any claim or liability arising from any use, malfunction or possession of the Equipment, or any claim or liability arising from images generated by the Equipment. Aperturent.com disclaims any claim or liability arising out of, relating to, or otherwise concerning this Rental and Use Agreement, Aperturent.com, use of Aperturent.com services or Equipment, or use of the Aperturent.com web site, whether brought by Customer or any third party, including but not limited to any claim or liability arising from any use, malfunction or possession of the Equipment, or any claim or liability arising from images generated by the Equipment. Customer hereby assumes all liability that may arise from any use, malfunction or possession of the Equipment.

    Aperturent.com MAKES NO REPRESENTATION REGARDING THE SUITABILITY OF THE EQUIPMENT FOR ANY PURPOSE. ALL EQUIPMENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Aperturent.com SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    APERTURENT SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE Aperturent.com WEB SITE, FOR ANY CUSTOMER ACTION OR INACTION WITH REGARD TO THE WEB SITE OR THE Aperturent.com EQUIPMENT, INCLUDING DAMAGE TO YOUR COMPUTER IN CONNECTION WITH THIS WEB SITE OR DAMAGE OR INJURY ARISING FROM YOUR USE OF Aperturent.com EQUIPMENT.

    CUSTOMER HEREBY ASSENTS THAT THEY ARE USING THIS WEB SITE AND THE Aperturent.com EQUIPMENT AT THEIR OWN RISK. IN NO EVENT SHALL Aperturent.com OR ITS AGENTS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM CUSTOMER’S USE OF THIS WEB SITE OR THE Aperturent.com EQUIPMENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

    IN SUCH STATES OR JURISDICTIONS WHERE ANY PROVISION OF THE ABOVE IS NOT APPLICABLE OR ENFORCEABLE, Aperturent.com'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LOCAL LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Aperturent.com WEB SITE, OR WITH ANY TERM, CONDITION, NOTICE OR OBLIGATION DESCRIBED IN THIS RENTAL AND USE AGREEMENT, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Aperturent.com WEB SITE AND THE SERVICES AND Aperturent.com EQUIPMENT.

    Notwithstanding any terms or conditions contained herein, Aperturent.com’s liability for any and all damages shall not exceed the total rental Fee paid by Customer.
  12. Taxes or Duties: Customer hereby consents and agrees to keep the Equipment free of any taxes, duties, liens or other encumbrances. In the event such taxes, duties, liens or other encumbrances are levied against the Equipment, Customer is in default and hereby consents and agrees to reimburse Aperturent.com in full for those encumbrances. Customer further consents and agrees to reimburse Aperturent.com for any costs, fees or expenditures, including attorney’s fees, associated with the removal of any tax, duty, lien or other encumbrance from the Equipment. Nothing herein shall limit Aperturent.com from pursuing other remedies as well.
  13. Ownership: The Equipment remains at all times the sole and exclusive property of Aperturent.com. The Customer has no rights or claims to the Equipment. Aperturent.com does not have or make any claim to images made by the Customer while using the Equipment, and disclaims any liability arising from said images.
  14. Reservation of Rights: Aperturent.com shall retain the right to deny access or services to any user, Customer or other individual, to the extent permissible by law. Aperturent.com further reserves the right to request additional information or documentation from Customers prior to rental of Equipment, and the Customer hereby consents and agrees to provide all information or documentation requested by Aperturent.com. If Customer objects to any request for information or documentation by Aperturent, LLC, his or her sole remedy is to discontinue use of the Aperturent.com web site and rental services.
  15. Out-of-Stock Equipment and Multiple Orders: Despite Aperturent.com’s efforts to ensure Equipment is in-stock and that the Aperturent.com web site accurately reflects Equipment stock, there may be times when the Equipment sought by Customer is unavailable. Equipment unavailability may delay fulfillment of a Customer’s order, and Aperturent.com will ship Equipment as it becomes available. Aperturent.com does not guarantee the availability of any Equipment, even if shown to be in-stock on the Aperturent.com web site. All representations of availability by Aperturent.com or the Aperturent.com web site are estimates provided solely for the courtesy of the Customer. If Customer places an order and subsequently learns that the Equipment is out-of-stock or otherwise unavailable, the Customer may cancel the order prior to such time as Aperturent.com delivers the Equipment to the Customer or the shipper.

    For orders of multiple Equipment items, Aperturent.com will attempt to ship all Equipment items contained in the order at the same time, when possible. Equipment that is unavailable at the time that available Equipment items in the order are shipped will be shipped as it/they become available. The Customer will be charged only for Equipment items shipped. The Customer consents and agrees that Aperturent.com has the right to adjust the rate quoted, and/or charged, for shipping due to the value and size of the Equipment for multiple orders, or in light of the multiple Equipment items being shipped separately.
  16. Failure by Customer to Meet Terms, Obligations, Conditions or Notices: In the event Customer fails to meet or satisfy any term, condition, notice or other obligation under this Rental and Use Agreement, Customer shall be in default and Aperturent.com shall have, among other remedies, the full right to take immediate possession of the Equipment; to make a charge to the Customer’s credit card for the replacement value of the Equipment; and to pursue any and all legal remedies, including claims for any lost income. IN THE EVENT OF LITIGATION TO RECOVER ANY DAMAGES, CUSTOMER HEREBY CONSENTS AND AGREES TO BE HELD RESPONSIBLE FOR AND SHALL PAY FOR ALL COURT COSTS, ATTORNEY’S FEES AND OTHER LITIGATION EXPENSES INCURRED BY Aperturent.com.
  17. Entire Agreement: This Rental and Use Agreement constitutes the entire agreement between the Customer and Aperturent.com and supersedes any prior agreement, understanding or representation of any kind, whether express or implied, preceding the last modified date of this Rental and Use Agreement, as shown below. Customer hereby consents and agrees that there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Rental and Use Agreement. This Rental and Use Agreement may only be modified in writing and must be signed by Aperturent.com and the Customer.
  18. Headings: Customer hereby acknowledges and consents that headings or titles used in this Rental and Use Agreement are provided for ease of use only and shall not provide meaning or intent relating to the content of this Rental and Use Agreement.
  19. Time is of the Essence: The performance of all obligations on the precise times contained in this Rental and Use Agreement are of absolute importance and failure to perform any of obligation on time is a default, time being of the essence.
  20. Assignment: You may not assign (voluntarily, by operation of law, or otherwise) this Rental and Use Agreement (or any rights or obligations contained herein) without the prior written consent of Aperturent.com, which consent shall not be unreasonably withheld. Any purported assignment or transfer in violation of this section shall be void and constitute a default of the agreement. Aperturent.com may assign all or any portion of their rights under this Rental and Use Agreement to any affiliate or successor in interest upon notice to you.
  21. No Agency: The terms of this Rental and Use Agreement do not create any agency, partnership, joint venture or franchise relationship. Neither party shall assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
  22. Use of Equipment: Customer agrees not to use the Equipment for any purpose that is or may be deemed illegal, or immoral. Use of the Equipment in any such manner shall be deemed a default on the part of the Customer.
  23. Waiver of Terms: Customer hereby consents and understands that any actual or alleged waiver by Aperturent, LLC of any obligation, duty or condition owed by Customer to Aperturent.com, as contained in this Rental and Use Agreement, does not result in a waiver of any other obligation, duty or condition herein, nor does any such waiver constitute an ongoing waiver with respect to any obligation, duty, or condition being waived. Customer hereby understands and agrees that the obligation(s), duty/ies or condition(s) arising under the Rental and Use Agreement remain valid and enforceable despite any actual or alleged waiver of any obligation(s), duty/ies or condition(s).
  24. Severability and Governing Laws: This represents the entire agreement between Customer and Aperturent.com. If any portion of this agreement is found unenforceable, it will not affect the remainder of the Rental and Use Agreement, which shall remain valid and enforceable. The agreement shall be governed according to the laws of the State of Georgia.
  25. Governing Law and Dispute Forum: Customer hereby consents and agrees to the exclusive jurisdiction and venue of the courts of Cobb County, Georgia for any and all disputes between Customer and Aperturent.com, including but not limited to disputes:
    1. Arising out of, relating to, or otherwise concerning this Rental and Use Agreement, Aperturent.com, use of Aperturent.com services or Equipment, or use of the Aperturent.com web site;
    2. In which this Rental and Use Agreement, Aperturent.com, use of Aperturent.com services or Equipment, or use of the Aperturent.com web site is an issue or a material fact.

    CUSTOMER FURTHER HEREBY EXPRESSLY CONSENTS TO THE VENUE, PERSONAL JURISDICTION AND SUBJECT MATTER JURISDICTION OF THE COURTS OF COBB COUNTY, GEORGIA, AND HEREBY WAIVES ANY AND ALL DEFENSES RELATING TO SAME. USE OF THE APERTURENT, LLC WEB SITE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE FULL EFFECT TO ALL TERMS, CONDITIONS, NOTICES AND OBLIGATIONS CONTAINED IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THIS SECTION.

Last Modified: 31-Mar-2014