Rental Agreement
THIS EQUIPMENT RENTAL AGREEMENT (“Agreement”) is made and effective by clicking on the “I agree” button, by and between Onestop, business registration 55973743,(“Company”) and current user (“Hirer”). By clicking on the “I agree” button, the Hirer agrees to be bound by this Equipment Rental Agreement and all the Terms and Conditions therein, whether or not the Hirer has read them. The Company may at its sole discretion modify this Equipment Rental Agreement and all the Terms and Conditions therein at any time. By clicking on the “I agree” button, the Hirer indicates acceptance of the modified Terms and Conditions. Now, therefore, in consideration of the mutual covenants and promises herein after set forth, the parties hereto agree as follows:
- Disclaimer
- Every effort is made to assure descriptions and prices are correct. The Company reserves the right to correct errors as needed. All prices and availability are subject to change without notice.
- Lease
- The Company hereby leases to the Hirer, and the Hirer hereby leases from the Company, the following described equipment shown in the order (“Equipment”).
- Shipping
- The Hirer agrees to pay the outgoing and return delivery charge at the time of the initial transaction, unless parties otherwise agree. The Company cannot guarantee a specific time or date for delivery. Any shipping time given by the Company is only an estimate.
- Risk
- When Equipment is delivered to the Hirer or sent to the Company, such delivery or sending is at the Hirer’s risk and expense and the Hirer shall be liable for any loss or damage to the Equipment from the time the Equipment leaves the Company’s premises until it is returned to the Company’s premises.
- Term
- The term of this lease shall commence at the later of the date the Shipper shows the first attempted delivery or the first day of the rental period shown on order receipt. The term of this lease shall expire on the expiration of the term of days shown on the order receipt. The Equipment must be returned to the Company by the end of business (5pm) on the last day of the term of the lease.
- In the event that the Hirer receives the shipped Equipment after 5pm on the first day of the term of the lease, the Hirer must notify the Company by the end of business (7pm) on the first day of the term of the lease. The Company will refund 1 day’s rental fees, based on the daily average rate in the Agreement, to the Hirer upon satisfaction that the first attempted delivery was after 5pm on the first day of the term of the lease.
- Rent and Deposit
- Rent and deposit must be paid in advance, in full, at time of checkout.
- The deposit amount is equivalent to the aggregate full retail value (such retail value being the Company’s prevailing recommended retail price or the prevailing retail price in the Hong Kong market) of all the Equipment on hire.
- The deposit paid will be refunded when the Equipment is returned to the Company upon satisfaction of the Company that the Equipment is returned in good and sound condition and in the condition before hire. In the event of:
- damage or modification to the Equipment, an amount necessary to repair and/or restore the Equipment to the condition before it was hired to the Hirer shall be deducted from the deposit; or
- damage beyond repair or loss of the Equipment, an amount equivalent to the full deposit amount, shall be paid by the Hirer to the Company to replace the same equipment.
- If a “Late Return Penalty”, “Cleaning Fee”or “Loss of Use Fee” applies, in accordance with Clause 8 and 13, the applicable amount will be deducted from the deposit .
- Returning Equipment
- For shipped Equipment, all Equipment must be packaged in the original packaging sent by the Company to the Hirer and returned to the Company’s office using the returns envelope included on dispatch. If the Hirer does not use the original packaging, the Equipment must be suitably protected to ensure no damage occurs to the Equipment whilst in transit.
- The Hirer shall return the Equipment to the chosen shipper by the end of business (5pm) on the last day of the term of the lease.
- The Hirer agrees to obtain and retain the shipping receipt for all return shipping until the Company has received the returned Equipment.
- Late Return Penalty
- Late returns are penalized and a “Late Return Penalty” will be deducted from the deposit. A maximum daily penalty equivalent to 50% of the 3 day rental rate for the Equipment is due for each day after the due date.
- In the event the Equipment is not returned 7 days after the due date, the equipment will be considered stolen and the full deposit will be used as the full replacement value of the equipment.
- The Company reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.
- Late returns are penalized and a “Late Return Penalty” will be deducted from the deposit. A maximum daily penalty equivalent to 50% of the 3 day rental rate for the Equipment is due for each day after the due date.
- Use
- The Hirer shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinance, and regulations in any way relating to the use or possession of the Equipment.
- Cancellation by The Company
- The Company reserves the right to cancel any order, for any reason, at any time before delivery occurs.
- Cancellation by the Hirer
- The Hirer may cancel an order at any time, for any reason until the Company transfers possession of the Equipment to the Shipper.
- Ownership
- The Equipment remains at all times the sole and exclusive property of the Company. The Hirer has no rights or claims to the Equipment. The Company makes no claims to images, video, or sound recordings made by the Hirer while using the Equipment.
- Damaged or Modified Equipment
- In the event of pre-existing damage to the Equipment, such damage shall be described in writing to the Hirer upon receiving the Equipment. If the Hirer notices damage or defect not described by the Company, the Hirer shall notify the Company within 5 hours after the Hirer takes possession of the Equipment . If the Hirer does not notify the Company of pre-existing damage, the Company shall charge (deducted from the deposit) the Hirer for such damage upon return of the Equipment at the end of the term of the lease.
- The Hirer shall keep the Equipment in good repair and condition during the term of the Agreement (and any extensions thereof).
- The Hirer shall not materially modify or alter the Equipment.
- In the event of any material modifications, the Hirer will be responsible for all costs of the Company in restoring the Equipment to the condition before it was hired by the Hirer.
- The Hirer assumes and shall bear the entire risk of damage to the Equipment from any cause during the term of the Lease.
- Unless pre-existing damage is reported to the Company within 5 hours after the Hirer takes possession of the Equipment, it is assumed any damage to the equipment occurred during the term of the Lease.
- If there is a dispute between the Company and the Hirer as to whether damage occurred in possession of the Shipper, the equipment shall be sent to an external repair facility. The opinion of the repair facility, as to the cause of the damage, shall be binding on the parties.
- In the event of damage, the Company shall choose the repair method and venue, within reason.
- If the Company chooses an external venue for repair, the Hirer is responsible for the total cost of repair, if commercially reasonable.
- The Company may elect to repair the Equipment in-house. In these cases, the Hirer shall be responsible for the Company’s reasonable expenses for parts and labour.
- The amount of repair expenses owed to the Company shall be deducted from the deposit.
- The Hirer must ensure that the Equipment, when returned to the Company, is clean.
- At the Company’s discretion, a “Cleaning Fee” may be deducted from the deposit if any of the following must be removed from the Equipment upon return:
- Smoke
- Mud or dirt
- Hair
- Chalk or powder
- Sand
- Any other matter that must be removed from the Equipment before it is placed back in the Company’s inventory
- In addition to repair or replacement fees, the Company may deduct a “Loss of Use Fee” from the deposit in the event the Hirer did not purchase a Damage Cover at the time of the initial rental order. The “Loss of Use Fee” is equal to the 7 day’s rental fees of the same equipment.
- In the event the Equipment becomes damaged beyond repair, the Hirer shall pay the Company the full replacement value of the Equipment, i.e., the full deposit amount.
- Non-Working Equipment
- The Hirer shall notify the Company within 5 hours of receipt of Equipment any malfunction and/or alleged damage of such Equipment. In the event Equipment is not functioning and/or damaged other than as a result of the Hirer’s negligence or willful acts, the Hirer must not attempt to repair or modify the equipment himself/herself. The Hirer must return such non‐working Equipment to the Company and the Company will either replace the non‐working Equipment with a functioning equivalent (“Replacement Equipment”) or issue the Hirer a credit or full refund of all rental charges paid by the Hirer at the Hirer’s option.
- Loss of Equipment
- The Hirer assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease. The Hirer should safeguard the Equipment from unauthorised access.
- Lost or Stolen Equipment – In the event that the Equipment is reported by the Hirer to be lost or stolen during the term of the Lease, the Hirer is liable to the Company for the replacement value of the Equipment, i.e., the full deposit amount.
- The Company shall deduct the full deposit amount from the deposit for replacement of the lost or stolen Equipment.
- If the Equipment is not returned within seven days of expiration of the term of the Lease, the Hirer shall be liable for the replacement value of the Equipment, i.e., the full deposit amount.
- If the tracking information for the return shipping label provided by the Company does not show that the Equipment has been picked up by Shipper and the Hirer has no drop-off receipt, the Equipment is considered unreturned.
- The Hirer assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease. The Hirer should safeguard the Equipment from unauthorised access.
- Default
- In the event of default, all amounts owed by the Hirer to the Company are immediately due.
- In the event of default, the Hirer shall be responsible for any reasonable expenses of the Company in attempting to recover the amount owed from the Hirer including collection fees and attorney’s fees.
- The Company reserves the right to pursue all available civil and criminal remedies against the Hirer, including but not limited to: recovering possession of the equipment, obtaining from the Hirer’s form of payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any civil remedies available. These remedies are not exclusive.
- In the event of default, all amounts owed by the Hirer to the Company are immediately due.
- Damage Cover
- The Hirer, may elect, on certain items, to pay an additional sum to the Company for a limitation of liability for damaged equipment. When purchased, the Damage Cover limits the Hirer’s liability in the case of damage on covered equipment.
- Damaged equipment must be returned to the Company at the expiration of the rental period.
- On equipment covered by the optional Damage Cover, the Hirer’s maximum liability of damage is 25% of the replacement cost of the equipment or 25% of the actual cost of repair. “Loss of Use Fee” (described in term 13 above) would be waived.
- The Damage Cover only limits liability for damage caused by the ordinary negligence of the Hirer and does not cover any of the following types of damage:
- Water damage;
- Intentional damage;
- Damage arising from reckless or grossly negligent use of the equipment;
- Damage caused by abnormal or abusive use of the equipment;
- The Damage Cover plan does not limit the liability of the Hirer in regards to: 1. Equipment not returned to the Company due to theft, loss, or any other casualty; and 2. Lost accessories.
- Missing Accessories
- In the event of any missing accessories (e.g. batteries, chargers, caps, hoods, tripod rings, bags, etc.), the Hirer is fully liable to the Company for the replacement cost of the missing items.
- Waterproof Equipment
- Because of possible user error, the Hirer is fully responsible for water damage to waterproof equipment.
- Liability
- The Company does not assume, and the Hirer indemnifies the Company against any liability or claims resulting from use or malfunction of the Equipment. The Hirer assumes all liability that may arise from use or failure of the Equipment.
- Shipping Delays & Malfunctioning Equipment
- In the case of a shipping delay or malfunctioning Equipment, the Company’s only liability to the Hirer is for the portion of Rent applicable to the time period that the Equipment was non-functioning or delayed in transit. The Company shall not be responsible for any consequential or incidental damages resulting from malfunctions or shipping delays.
- Indemnity
- The Hirer shall indemnify the Company against, and hold The Company harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs, arising out of, connected with, or resulting from the Hirer's use of the Equipment, including without limitation the selection, possession, use, operation, or return of the Equipment.
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