1. The parties do herein bind themselves to the terms of this Agreement in regard to all equipment rented by Customer from the Company from the date of this Agreement until terminated, modified, or replaced. Company hereby rents to Customer the Equipment selected in Paragraph (6) below.

2. The equipment once rented shall be deemed to have been rented only after scrutiny by the Customer. The Customer shall provide valid identity proof and the company can take assistance or the opinion of the Background Verification agency in this regard when the equipment is of a higher value.   

3. Customer shall pay Company the agreed rent for the selected equipment. This sum is payable prior to equipment rental using a valid and approved credit card or approved credit.  The customer shall have the option of on-line transfer of funds towards the Rent payable by him for hiring the Equipment.  The Equipment shall be handed over to the customer only after receiving the payment either by cash or through approved Credit Card or Debit Card or On-line transfer of funds to the account of the Company. 

4. Customer shall provide a security deposit as and when desired by the company equal to the retail value of the Equipment rented. The security deposit is in addition to the rental payment agreed between the parties.  Security deposits shall be guaranteed by credit card authorization or approved credit or a valid debit/credit card or bank account details. Company reserves the right to refuse rental to the Customer if the Customer fails to guarantee payment by a valid credit / debit card. The credit card authorization will be released by Company only after all equipment has been returned to Company and found to the satisfaction of the Company to be in good condition and repair. Customer agrees to pay the present full retail value of any equipment that is not returned or is returned damaged. Company may at its discretion also insist on valid payment credentials through credit / debit card or valid bank account details or any other means, with or without security deposit, before agreeing to rent the Equipment to the Customer. 

5. Customer shall, during the rental term, keep and maintain the Equipment in good condition and shall be responsible for any loss, casualty, damage or destruction to said Equipment notwithstanding how such damage was caused.

6. Customer agrees to inspect and verify the functionality of the equipment upon receipt and to notify Company of any damage, malfunction, or missing components before rental, so that appropriate measures can be taken. In the event equipment is shipped to Customer, and Customer fails to notify the Company of any defects or problems with equipment immediately on receipt shall be conclusively deemed as acknowledgment that all equipment has passed customer approval and is in good working order.  

7. Exclusion of Warranties. Customer herein acknowledges that all equipment to be rented from the Company will be as a result of customer’s sole selection, discretion and opinion as to equipment which it requires. All equipment is accepted by customer “as is”. No warranties or representations are made by the Company of any type or nature whatsoever, expressed or implied, regarding the performance of Equipment, services, supplies, film or other equipment rented. The Company herein expressly excludes any and all warranties, guarantees expressed or implied, statutory, by operation of law, or otherwise, including any implied warranties of merchantability or fitness for a particular purpose. in no event, under no circumstances, the Company shall be responsible or liable to customer or anyone else for any damages, including lost profits, lost savings or other direct or indirect incidental or on sequential damages arising out of the use or inability to use any equipment rented or the alleged breach of any agreement described herein, even in the event that the Company’s agents have been advised of the possibility of such damages.

8. Exclusive Possession/Non-Assignability of Lease. The Customer here by agrees that the equipment will be used within the framework of law and shall not sublease or loan the equipment or assign this Agreement to any other persons, firms or corporation and said equipment shall at all times remain under the immediate, exclusive control and direction of the Customer.

9. The Customer assumes all risk of loss of and damage to the equipment from every cause whatsoever, while the equipment is in the Customer’s possession. The Customer shall be deemed to be in possession of the equipment as soon as the equipment is handed over to the Customer. Any peripheral items associated with the equipment and included in the shipping list enclosed with the Equipment must be returned with the equipment not later than the designated return date. The Customer agrees to pay list price for any items which are not returned. These charges may be deducted from the security deposit.

10. Indemnification and Hold Harmless: The customer agree to assume full responsibility and liability for the safekeeping and return of all rented equipment accepted by Customer. Customer agrees to indemnify and hold harmless the Company and any other people to which the Company itself may be responsible to indemnify and hold harmless, from any and all liability, claims, damages, costs and expenses arising from Customer’s use, misuse and/or possession of the rented equipment.

11. Loss due to failure of equipment: Despite best efforts to maintain the equipment in good condition, it is entirely possible that rented equipment could fail. In such situations, the Company accepts no responsibility whatsoever for any loss the customer may incur. Failure of equipment also does not absolve the Customer of liability to pay rents or make good losses for damage to the equipment in terms of this Agreement. 

12. Regardless of the cause, the Customer and its employees or agents waive the right to make any claim against the Company for loss of anticipatory profits, or any other indirect, special, or consequential damages. Additionally, Customer and its employees or agents waive any right to make any claim against Company for damages resulting from misuse of the equipment or for personal injury resulting from use of the equipment.

13. The equipment rented shall remain, at all times, the property of Company unless a sales agreement is negotiated for purchase of the equipment separate from this agreement.

14. The rental charges are calculated on a 24 hour day basis from the time of the pickup / delivery of the equipment to the Customer. Customer shall return the equipment on the date and time specified in the rental invoice / delivery challan. If the Customer fails to return the equipment as per the rental period specified in the rental invoice / delivery challan, the equipment will attract rental charges as per the listed rates by the Company. In case of damage to the equipment the rental period shall be automatically extended until the equipment is repaired or replaced.

15. Miscellaneous Provision for Liens, Charges, etc. The Customer specifically acknowledges the Company’s ownership of the equipment and agrees to keep the equipment free of all liens and encumbrances. The Customer agrees that he shall be liable for all taxes, transportation charges, duties, broker fees and any and all other costs imposed upon the equipment.

16. This Contract shall be construed in accordance with and governed by the laws of India, without regard to its conflict of laws provision. The prevailing party in any legal proceeding concerning this rental agreement shall be entitled to recover reasonable attorney’s fees and cost of collection. All disputes arising out of this Agreement shall be adjudicated before the Courts in Bangalore, Karnataka. 

17. This Agreement sets for the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior oral or written agreement between the parties with respect to the subject matter. No alterations, additions, amendments or modifications to this Agreement shall be binding unless made in writing and executed by an authorized agent of the Company.

18. It is agreed between the parties that the rent payable for the equipment will depend upon the nature and the type of the equipment and the period for which the equipment is hired by the customer and rent payable shall be agreed and accepted by the parties at the time of hiring of the equipment.  The receipt issued by the company in this behalf shall be treated as part and parcel of this Agreement and shall be read together for all intent and purpose.

19. The customer shall not take the equipment outside India without the specific permission in writing of the Company.  The customer shall be responsible and liable for completion of all the legal formalities including any charges payable to the Custom or other Government Authorities.

20. The Agreement shall be valid for the period of rent agreed to between the parties and until the rented equipment is returned to the Company. Clauses pertaining to the rights of parties and dispute resolution shall survive termination of the Agreement.  Before termination of the Agreement, the customer shall clear all outstanding dues, if any, to the Company and have his accounts settled fully and finally.

21. In the event any part of this Agreement is found to be void, the remaining provisions of this Agreement shall be binding with the same effect as if the void parts were not included.