Rental Agreement

This rental agreement is made effective by clicking on the "Place Order" button during the checkout process. Once the "Place Order" button is clicked, you (customer, renter, lessee) understand and agree to enter into the following lease terms with Aperturent, LLC.

1. Disclaimer: Every effort is made to assure descriptions and prices are correct. Aperturent, LLC reserves the right to correct errors as needed. All prices and availability are subject to change without notice.
2. Rental Period: The Rental Period is the duration printed on the invoice (7, 10, 14, 21, 30 days). The first day of the rental period begins when the equipment is picked up from our office or with the first attempt by the parcel carrier to deliver the item. The equipment must be shipped back to Aperturent, LLC during business hours on the last day of the rental. In the event the last rental day is a Sunday or Postal Holiday, a shipping extension is automatically given until the following business day.
3. Rental Fees: Rental fees and security deposit, if applicable, must be paid in advance, in full, before the equipment can be released.
4. Shipping: Both outgoing and return shipping will be charged to the customer at the time of the initial transaction. Shipments are made via insured FedEx with signature required upon receipt, unless both parties have agreed to other shipping methods prior to the transaction. Aperturent, LLC reserves the right to select alternate shipping arrangements (including carrier and service) if necessary to complete delivery. Additional shipping charges may apply for package rerouting or upgrades above the shipping option selected during checkout.
5. Cancellations: Aperturent, LLC 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 until Aperturent, LLC transfers possession of the Equipment to the customer or the Shipper.
6. Late Returns: If any equipment rented under this Agreement is more than 1 day late, the renter agrees to pay an additional 3-day rental fee, calculated at the same rate the item was rented. Renter agrees that said fee will be charged to the same credit card used for rental purchase. In the event the equipment is not returned 3 days after the due date and the renter has not contacted Aperturent, LLC regarding the overdue rental, the equipment will be considered stolen. At this time the customer's credit card will be charged for the full retail amount of the item. If the charges above are denied by the renter's credit card, the renter undestands the following actions may be taken:
   1. The account will be turned over to a collections agency. Additional attorney's and collection fees will be the sole responsibility of the customer. These fees are not waivable and the collection process will continue until these fees are collected, even if the lens is returned.
   2. Interstate theft charges are filed and a bench warrant obtained once the account is 30 days old. For equipment of sufficient value our collection agency may employ "skip tracers" or repossession agencies to collect the original equipment or goods sufficient to repay the value of equipment.
7. Damage or Loss: Damage or loss of the equipment during the rental period is entirely the renter's responsibility. If the renter has not notified Aperturent, LLC of damage within 3 hours of receiving the equipment, both parties agree the equipment was received in good working order.
   1. In the event of loss of the equipment, customer agrees to pay the total replacement cost of the equipment to Aperturent, LLC.
   2. In the event of damage to the equipment, customer agrees to pay actual repair costs at the appropriate factory service center. If the optional damage insurance is purchased from Aperturent, LLC, 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 customer claims the equipment "failed" rather than was damaged, the report of the factory service center will be considered binding concerning equipment failure or damage.
   4. It is strongly suggested that customers obtain loss insurance on the item for the duration of the rental period.
   5. Our acceptance of equipment on return is not a waiver by us of any claims for damage to the equipment.
   6. Return shipments that do not use the provided packaging, or use provided return packaging incorrectly are not insurable and renter is responsible for damage incurred as a result of failure to repackage properly.
8. Liability: Aperturent, LLC does not assume, and the customer indemnifies Aperturent, LLC against any liability or claims resulting from use or malfunction of the equipment. The customer assumes all liability that may arise from use or failure of the equipment.
9. Taxes or Duties: Renter agrees to keep the lens free of any taxes, duties, liens or other encumbrances. In the event such are levied against the equipment, renter agrees to reimburse Aperturent, LLC in full for those charges.
10. Ownership: The equipment remains at all times the sole and exclusive property of Aperturent, LLC. The renter has no rights or claims to the equipment. Aperturent, LLC does not have or make any claim to images made by the renter while using said equipment.
11. Default: If the renter fails to meet any obligation under this agreement, Aperturent, LLC has full right to take immediate possession of the equipment; to make a charge to the renter's credit card for the replacement value of the equipment; to pursue any legal remedies; and to sue to recover any lost equity or income. In the event of litigation to recover any damages, renter is held responsible for all court costs and legal fees incurred by Aperturent, LLC.
12. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Aperturent, LLC and the renter.
13. Severability and Governing Laws: This represents the entire agreement between these two parties. If any portion of this agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable. The agreement shall be enforced according to the laws of Fulton County, the State of Georgia.

Last Modified: 25-May-2009