Customer Registration:

  1. It is the customer’s responsibility to provide correct and updated information at registration as well as whenever any changes to this information take place.
  2. We reserve the right to verify the information provided by the customer and use it for this purpose.
  3. In case any customer information is found to be incorrect or an attempt to suppress information is discovered, the customer’s registration is liable to be rejected or cancelled forever. This includes not updating us about changes to the information submitted at registration. Additionally, this shall be treated as an attempt to commit fraud.

Privacy Policy:

  1. Information shared by the customer at registration shall, under normal circumstances, only be used for the purposes of identity and address verification.
  2. Registration information shall not be shared with any other agencies or business partners for any purpose except in cases of default.
  3. In cases of default, this information may be used for the recovery of equipment or dues and may be shared with private investigators and debt collection agencies.

Modification of Reservations:

  1. Reservations will be cancelled / modified only by email from the customer’s registered email ID. No verbal cancellations or modifications will be actioned. The date of receipt of the email shall be treated as the date of intimation of cancellation.
  2. Reservations can be cancelled wholly or partly upto 7 days before the pickup date of the original rental period without any charges. Reservations cancelled within 7 days from the pickup date will be liable for 50% of the total rent as cancellation charges.
  3. In the case of no-shows or cancellations on the day of pickup, the full rent will be charged even if the items are not picked up by the customer.
  4. Rentals can only be extended after our formal confirmation. Such extensions shall be charged at the rate of 15% of the per-day rent for each hour of extension beyond the return time. Extensions without our explicit confirmation shall be treated as unauthorised extensions and penalised accordingly.
  5. It is the customer’s responsibility to inform us immediately of any potential delays in the return. Failure to do so will result in the extension being treated as an unauthorised extension.
  6. Any unauthorised extension shall be treated as a new rental and charged at 1.5 times the normal applicable rental rate. Unauthorised extensions may, at our sole discretion, be treated as default and will be sufficient cause to initiate recovery proceedings.

Renting:

  1. It is the customer’s responsibility to inspect the items at the time of pickup and return them to us in the same condition at the end of the rental period along with all accompanying accessories, packaging, filters, hoods, etc. Failure to return accompanying items will result in 50% rent being charged till the time all pending items are returned.
  2. If accessories, packaging, etc provided with the rented item are missing, the customer shall be liable for the replacement cost of the missing item and / or a fine.

Damages and Loss:

  1. The customer is expected to inform us immediately about the malfunction, loss or damage of any item and follow our instructions thereafter. Only cases where such an incident is voluntarily disclosed to us immediately shall be eligible for calculation of replacement cost on the basis of depreciated value of the asset rather than the purchase price of a new copy of the asset.
  2. Any unreasonable delay in informing us about damage or loss shall render the case ineligible for consideration on the basis of extenuating circumstances and will invite the full extent of damages and penalties.
  3. Damaged items will be submitted to the brand’s authorised service center and the reason for the damage identified by the service center shall be binding on both parties. If the damage is not due to regular usage, the customer shall be liable to pay for the repair, incidental charges and 50% of the rental charges for the duration the item is under repair.
  4. In case of total loss, theft or confiscation by law enforcement authorities, the equipment shall be deemed sold to the customer for the replacement cost of the equipment, payable immediately.
  5. In cases of damage where equipment cannot be repaired or restored to its original condition or where the brand does not have an authorised service center in Pune or Mumbai, the customer is liable to pay the replacement cost of the equipment and the damaged equipment will be handed over to the customer.
  6. The customer is expected to arrange for insurance cover for equipment against damage, theft, etc if required.

Limitation of Liability:

  1. While we try to ensure that all our equipment is fully functional, we do not accept any responsibility for losses the customer may incur due to the failure or non-availability of equipment during the rental period.
  2. It is the customer’s responsibility to use the equipment in an appropriate manner and comply with all applicable laws, regulations and ordinances pertaining to the possession and use of the equipment. Any liability, loss or encumbrance arising out of violation of these shall be borne entirely by the customer.
  3. Equipment confiscated by law enforcement authorities for any reason during a rental, shall be deemed sold to the customer at replacement cost.

Ownership:

  1. The equipment shall remain at all times, our property and the customer shall have no rights or claim to the equipment.
  2. Any images, videos or sound recordings made by the customer using the equipment shall remain the sole property of the customer.

Default:

  1. If the rented items are not returned within 2 days from the end of the rental period and no extension has been authorised, the customer shall be considered to be in default.
  2. If it is found that any of the customer’s information is incorrect, the customer shall be considered to be in default.
  3. Non-payment of dues by the customer within the stipulated time period shall be considered as default. Late payments shall be charged a finance charge of 5% per month or part thereof.
  4. In the case of default, we reserve the right to pursue all available civil and criminal remedies against the customer, including but not limited to: recovering possession of the equipment, obtaining from the customer’s form of payment any amounts owed, hiring debt collection firms or private investigators, filing of criminal charges, and any civil remedies available.

Other Terms

This Equipment Lease Agreement is effective as of the date of order, and is made between Primes & Zooms (the "Lessor"), with offices at 1117, A/1, Ashish, Lakaki Road, Pune 411016, and {{var customerfirst}} {{var customerlast}} (the "Lessee").
WITNESSETH that in consideration of the mutual covenants and agreements to be performed and kept during the terms hereof and of any renewal, the Lessor and the Lessee covenant and agree as follows:

1. LEASE
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the equipment shown in the Rental Order # {{var order.increment_id}} (the "Rental Order") executed online or any other means (“Equipment”).

2. TERM
The term of this Lease shall commence on the day Lessee picks up the item from Lessor or the first attempt by the parcel carrier to deliver the item, and expire on the last day of the rental period listed as “End Date” as shown on the checkout page, order confirmation, and invoice (“Rental Period”). The Equipment must be returned shipped, picked up by Lessor if agreed by both parties to do so, or delivered by Lessee to Lessor during business hours before the end of the expected return date and time. Should Lessee return the Equipment using a shipping mechanism not provided or approved by Lessor, and the Equipment is not returned on or before the expected return date adn time, Lessor reserves the right to charge the Lessee additional Rent for the extra time the Equipment was in transit.

3. RENT AND DEPOSIT
All rent will be paid in full at the time of check out. Any deposits requried by the Lessor shall be paid before the equipment is shipped or handed over to the Lessee.

4. USE
Lessee shall use the Equipment in a careful, safe and appropriate manner and shall comply with and conform to all national, state, municipal, and other laws, and regulations in any way relating to the possession, use or maintenance of the Equipment including any manufacturer’s recommendations as to the safe use of the Equipment.

5. REPRESENTATIONS, WARRANTIES, AND AGREEMENTS
Lessee has selected the Equipment without relying upon any suggestion or recommendations of Lessor or its employees and Lessee understands and agrees that Lessor assumes no responsibility for the Equipment as being fit for any particular purpose. Lessor represents and warrants as follows:
(1) The Equipment is free from known defects and, although used, is in good working order to the best of its knowledge at the inception of the rental;
(2) Lessor is responsible for routine repair and maintenance of the Equipment prior to rental;
(3) Lessor has a right to enter into the rental of the equipment.
Lessee aggrees as follows:
(1) Except as set forth in Lessor’s representations and warranties above, the equipment is rented to Lessee without any warranty or guaranty of any kind, express or implied, and specifically, there is no warranty of merchantability or fitness for a particular purpose;
(2) Lessor shall not be held responsible with respect to production downtime, loss of profits, extra expense, indirect, consequential, or punitive damages, production delays; and
(3) Except as set forth in Lessor’s representations and warranties above, Lessee is responsible for all costs associated with any repair or replacement (without deduction for depreciation) of the equipment necessitated as a result of lessee’s usage, possession, transportation or failure to return the equipment for any reason, including, without limitation, as a result of the negligence or willful misconduct of Lessee, its employees, agents, or contractors. Lessee represents warrants and agrees that Lessee has complied and will continue to comply with all manufacturer’s specifications as to the safe use of the equipment.

6. USED EQUIPMENT
Lessee acknowledges that the Equipment may be used gear and may be cosmetically flawed. However, Lessor warrants that the Equipment, whether new or used, will be in proper working condition when leased to Lessee. Should Lessee discover that the Equipment, as received, is not working properly, Lessee agrees to notify Lessor pursuant to Section 18 of this Agreement.

7. TYPOGRAPHICAL ERRORS
In the event a product rental rate is listed incorrectly due to errors in pricing information received from Lessor’s suppliers, Lessor has the right to refuse or cancel any orders placed for products listed at the incorrect rate whether or not Lessee’s credit card has been charged. Should Lessor cancel Lessee’s order, Lessor will immediately credit Lessee’s account for the incorrect amount paid.

8. ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify Lessor’s acceptance of Lessee’s order, nor does it constitute confirmation of Lessor’s offer to rent. Primes & Zooms reserves the right at any time after receipt of Lessee’s order to accept or decline Lessee’s order or to supply less than the quantity Lessee ordered of any item for any reason.

9. OUT-OF-STOCK PRODUCTS AND MULTIPLE PRODUCT ORDERS
Lessor will ship, locally deliver, or allow for pick up by Lessee, Equipment as it becomes available. There may be times when the Equipment Lessee ordered is out-of-stock which will delay fulfilling Lessee’s order. Lessor makes no guarantees as to availability of Equipment. Any estimate of availability provided by Lessor is based on the assumption that each of Lessor’s customers return Equipment within the prescribed Rental Period and/or new equipment will arrive to lessor at the estimated time quoted by Lessor’s vendor. Lessor will keep Lessee informed of any Equipment that Lessee has ordered that is out-of-stock and unavailable for immediate shipment, local delivery by Lessor, or for pick up by Lessee. If Equipment is out-of-stock or unavailable, Lessee may cancel the order at any time prior to shipment, local delivery by Lessor, or pick up by Lessee. For a multiple product order, Lessor will make every attempt to ship, perform local delivery, or allow for pick by Lessee, all products contained in the order at the same time. Equipment that is unavailable at the time of shipment, local delivery by Lessor, or pick up by Lessee, will be shipped, locally delivered by Lessor, or picked up by Lessee as it become available unless Lessee notifies Lessor of their alternate wishes to this end. Lessee will only be charged for shipping or local delivery by Lessor at the rate quoted on Lessee’s purchase receipt. The entirety of this shipping or local delivery by Lessor charge may be applied to the first Equipment shipment or local delivery by Lessor on an order requiring multiple shipments.

10. SHIPPING, LOCAL DELIVERY, OR PICK UP
All shipping or local delivery costs (including returns) are the sole responsibility of the Lessee. Lessor does not ship on national holidays. Lessor may locally deliver on national holidays on a case by case basis. Lessor cannot guarantee the arrival date of the order as that is outside the control of Lessor. Any shipping or transit time estimates provided by Lessor are estimates only. Lessee is encouraged to order in a timely fashion to avoid delays caused by product unavailability, shipping, or local delivery by Lessor.

11. CANCELLATIONS
Lessee may cancel a pending reservation up to 24 hours prior to order shipment, local delivery by Lessor, or pick up by Lessee, in line with the cancellation terms outlined in Lesssor's Terms of Service. Cancellation charges will be calculated on the basis of the time period between intimation of cancellation and the date of delivery by Lessor or pickup by Lessee. Cancelling a shipped, locally delivered by Lessor, or picked up by Lessee, order will result in extra fees. Lessor reserves the right to cancel any order at any time before delivery occurs at its sole discretion.

12. INSURANCE
Lessee shall at its expense, and at all times during the rental, maintain in full force and effect a limit of insurance covering all Equipment rented hereunder, from all sources, as herein provided. All Equipment shall be insured for the full replacement cost without deduction for depreciation. In addition, all Equipment shall be insured for actual verifiable loss of use of the Equipment (i.e. rental charges based on the greater of either the actual verifiable loss of business or the average rental history of the Equipment, as computed for the period of time the Equipment is being repaired and/ or replaced not to exceed 90 days).

13. TECHNICIAN/OPERATION
Lessee shall only allow the Equipment to be used by qualified technicians and/or, if licensing is required by law for the use of any Equipment, duly licensed personnel, and only in strict accordance with the instructions of the Equipment manufacturer. Such qualified or licensed technicians and personnel should know all the proper protocols to safeguard the public, data and Equipment, and should be competent with regard to the normal operation of the Equipment. Lessee shall keep the Equipment in their sole custody at all times and shall not permit the Equipment to be used in violation of law. Lessee shall process and or view their footage and back-up their content or data in a timely manner.

14. CLEARING OF DATA
Lessee is responsible for clearing any and all images (in any form) prior to the return of the Equipment to Lessor, and Lessee authorizes Lessor to clear the Equipment of any and all images, content or data immediately upon return of the Equipment to Lessor. It shall be the sole responsibility and obligation of Lessee to arrange for the safeguarding and storage of Lessee’s images, content or data prior to the return of the Equipment to Lessor.

15. STORAGE
Lessee bears the risk of loss for all property not provided by Lessor (including but not limited to camera(s), props, sets, and wardrobe) stored and/or transported by Lessor for Lessee’s ultimate use. Lessor shall be acting as the agent of Lessee in storing and/or transporting property, which belongs to third parties.

16. AGE
Due to the value of the Equipment Lessor will not rent Equipment to persons under the age of 18. Lessee agrees not to allow any person to operate, pick up, or return the Equipment who is under the age of 18.

17. REPAIRS
Lessee agrees not to attempt to repair or materially alter the physical or other makeup of the Equipment under any circumstances regardless of fault.

18. LOSS AND DAMAGE
Lessor shall provide Lessee with a list of missing and damaged Equipment, if any, as soon as possible after the Equipment has been returned to Lessor. Lessor upon receipt of the compilation of the repair or replacement cost estimates will forward these estimates to Lessee. Lessee shall have the option of making arrangements with Lessor to have their crew member(s) verify the Equipment physically returned to Lessor at a time that is mutually agreeable within the first day of return. Lessee assumes all risk of loss whether or not covered by Lessee’s insurance coverage, except to the extent of any loss arising from the negligence or willful misconduct of Lessor, its employees, agents, or contractors. Lessee is deemed to have taken possession of the Equipment the moment Equipment is in Lessee’s custody and control. In addition, if Lessor ships the Equipment at Lessee’s request, Lessee shall be responsible for both the risk of loss in transit and the transportation costs. Lessee’s responsibility shall include, but not be limited to, risks while in transit by any means (other than transit supplied by Lessor), at all locations named and unnamed, at all studios, while on Lessee’s premises, and while in Lessee’s use. Lessee is responsible for picking up and returning the Equipment to/from the rental facility during normal business hours. If Lessor delivers and/or picks up the Equipment, Lessor will be responsible for the risk of loss in transit while the Equipment is in the custody of Lessor and Lessee will be responsible for transportation costs.
In the event of damage of any kind whatever to the Equipment, Lessor may:
(1) charge Lessee’s credit card for the full cost of repair; and
(2) repair the Equipment using a vendor at Lessor’s sole discretion.
In the event the Equipment is damaged beyond repair or is lost, Lessor may:
(3) charge Lessee the full replacement value without deduction for depreciation of the lost or damaged Equipment. In addition to repair or replacement fees, Lessor may charge Lessee’s credit card for a “Loss of Use Fee” in the event Lessee did not purchase a damage waiver at the time of the initial rental order. “Loss of Use Fee” is equal to the daily rental fees Lessor would have been entitled to receive for the Equipment had it not been damaged or lost. In the event the RFID tags / serial number bar code sticker / P&Z branding stickers become lost or stolen during the Rental Period, Lessee will pay an additional tag replacement fee of Rs 100 per tag/sticker per item of Equipment. In the event the Equipment becomes damaged beyond repair, Lessee shall pay Lessor the full replacement value of the Equipment without deduction for depreciation. Lessee must ensure that the Equipment, when returned to Lessor, is clean. Should the returned Equipment be deemed dirty in Lessor’s sole judgment, Lessor reserves the right to charge Lessee a “Cleaning Fee”.

19. NON-WORKING EQUIPMENT
Lessee shall notify Lessor within 3 hours of receipt of Equipment of any malfunction and/or alleged damage to such Equipment. In the event Equipment is not functioning and/or damaged other than as a result of Lessee’s negligence or willful acts, Lessee must not attempt to repair or modify the equipment himself/herself. Lessee must return such non-working Equipment to Lessor and Lessor will either replace the non-working Equipment with a functioning equivalent (“Replacement Equipment”) or issue Lessee a credit or full refund of all rental charges paid by Lessee at Lessee’s option. The rental charges for all such non-working Equipment so returned will commence upon Lessee’s receipt of the replacement Equipment. Once Lessor receives notification of suspected damage of Equipment in transit, Lessor shall send such damaged Equipment to the manufacturer for inspection and repair. Lessee and Lessor hereby agree to be bound by the damage report provided by such manufacturer as to the cause and liability of such damage.

20. SURRENDER
Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof excepted, by delivering the Equipment at Lessee's cost and expense via the shipping method specified by Lessor. Lessee shall be responsible for proper packaging of the returned Equipment using shipping and packaging materials provided by Lessor in the order shipment. Lessor’s acceptance of the Equipment upon return by Lessee shall not represent Lessor’s determination as to the condition of the returned Equipment. Lessor reserves the right to inspect the Equipment within a reasonable time after the return of the Equipment and make a determination as to whether such returned Equipment was damaged during the Rental Period.

21. EARLY SURRENDER
If Lessee surrenders the Equipment with at least 7 days remaining in the Rental Period, Lessor will issue Lessee an “Early Return Credit” for the remaining unused time. Early Return Credit is a discount code that may be applied towards future rentals. No Early Return Credit will be issued for return of Equipment with less than 7 days remaining on the Rental Period. To receive an “Early Return Credit”, Lessee must request such credit at the time of early surrender via email or phone call to Lessor’s Customer Service Department.

22. TAXES
Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee, or Lessor at Lessee's expense, shall report, pay and discharge when due all license and registration fees, assessments, sales, use and property taxes, gross receipts, taxes arising out of receipts from use or operation of the Equipment, together with any penalties or interest thereon, imposed by any state, central or local government or any agency, or department thereof, whether or not the same shall be assessed against or in the name of Lessor or Lessee. Lessee shall indemnify and hold Lessor harmless from any taxes, fees, and penalties arising out of Lessee’s lease, use and possession of the Equipment except for those taxes, fees and penalties based upon Lessor’s income.

23. INDEMNITY
Lessee agrees to indemnify, defend and hold harmless Lessor and its officers, employees, agents and licensees against any and all claims, actions, damages, liabilities and expenses arising from the use, possession or operation of the Equipment and by whomsoever operated at the direction of the Lessee, Lessee’s breach of any representations or warranties made herein, or from the negligence or willful conduct of Lessee, its employees, agents or contractors. This indemnification shall survive the term of the rental agreement. Lessor agrees to indemnify, defend and hold harmless Lessee and its officers, employees, agents and licensees solely as respects bodily injury and property damage claims, actions, damages, liabilities and expenses arising from Lessor’s negligence or willful misconduct of Lessor, or that of Lessor’s employees, agents, or contractors. This indemnification shall survive the term of this Equipment Lease.

24. DEFAULT
In the event that Lessee
(1) fails to pay any rent or other amount herein provided within ten (10) days after the same is due and payable,
(2) becomes insolvent, files a petition in bankruptcy, seeks the appointment of a receiver (or has a receiver appointed) for all or a substantial portion of its property, or has an involuntary petition in bankruptcy filed against it, Lessee shall be in default hereunder. Upon such default, Lessor shall, in its sole discretion, and to the extent permitted by law, have the right to exercise any one or more of the following remedies:
To charge Lessee’s credit card on file for all amounts due (including any late fees) and owing.
To sue for and recover all rents, and other payments, then accrued or thereafter accruing.
To take possession of the Equipment, without any prior notice to Lessee, the receiver, bankruptcy trustee, assignee for the benefit of the creditors, or levying officer. Lessee hereby grants to Lessor the right and permission to lawfully enter the Lessee’s premises where the Equipment is kept following any such default for the purpose of repossessing the Equipment without liability of trespass or any liability for any damage that might occur as a result of such entry.
To terminate this Lease.
To pursue any other remedy at law or in equity.
Notwithstanding any repossession or any other action which Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of the Lessee to be performed under this Lease. All of Lessor's remedies are cumulative, and may be exercised concurrently or separately.

25. BANKRUPTCY
Neither this Lease nor any interest therein is assignable or transferable by operation of law. If any proceeding under any bankruptcy act, is commenced by or against the Lessee, or if the Lessee is adjudged insolvent, or if Lessee makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on the Equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Lessee is a party with authority to take possession or control of the Equipment, Lessor shall have and may exercise the option to, without notice, immediately terminate the Lease. The Lease shall not be treated as an asset of Lessee after the exercise of said option.

26. TITLE
Lessee specifically acknowledges Lessor’s superior title and ownership of the Equipment and must keep the Equipment free of all liens, levies and encumbrances except those caused by or resulting from Lessor's acts. Lessee may not assign or pledge the Equipment.

27. ADDITIONAL DOCUMENTS
If Lessor shall so request, Lessee shall execute and deliver to Lessor such documents as Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of Lessor in the Equipment.

28. ENTIRE AGREEMENT
This instrument constitutes the entire agreement between the parties on the subject matter hereof and it shall not be amended, altered or changed except by a further writing signed by the parties hereto.

29. NOTICES
Service of all notices under this Agreement shall be sufficient if given personally or by certified mail, return receipt requested, postage prepaid, at the address hereinafter set forth, or to such address as such party may provide in writing from time to time.

30. GOVERNING LAW
This Equipment Lease has been entered into in the city of Pune, Maharashtra and shall be governed by local laws, without reference to any conflicts of law principles. Lessee and Lessor agree to all disputes arising between Lessee and Lessor as respects the consignment of Equipment to be subject to Pune jurisdiction. If any portion of this agreement is found to be invalid, unenforceable, waived or otherwise deficient, it shall be severable from the remaining provisions and all other provisions shall remain in full force and effect.

31. DEFINITIONS
As used in the Rental Order and these Terms and Conditions, the following terms have the following meanings: “Lessee” shall mean the entities and/or individuals so identified on the Rental Order; “Equipment” shall mean all equipment so listed in the Rental Order;

Your continued use of our services implies your acceptance of these terms.