Deck Hand Rental Agreement
THIS EQUIPMENT LEASE AGREEMENT (“Lease) is made and effective by clicking on the “Confirm Order” button, by and between Deck Hand, Inc, (“Lessor”) and current user (“Lessee”). By clicking on the “Confirm Order” button, Lessee agrees to be bound by this Equipment Lease Agreement and all the Terms and Conditions therein, whether or not Lessee has read them. Lessor may at its sole discretion modify this Equipment Lease Agreement and all the Terms and Conditions therein at any time. By clicking on the “Confirm Order” button, Lessee indicates acceptance of the modified Terms and Conditions. The Lessee and Lessor therefore agree as follows,
DISCLAIMER: Every effort is made to assure descriptions and prices are correct. Lessor reserves the right to correct errors and make necessary changes as needed. All prices and availability are subject to change without notice.
LEASE: Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the described equipment (“Equipment”): shown in the “Contents” area during checkout. Lessor reserves the right to refuse or decline leasing Equipment to potential lessee at Lessor’s sole discretion. Lessor may, at its sole discretion, gather information from third parties regarding potential lessee’s past rental history and credit worthiness.
TERMS OF LEASE: This is a lease of all items on reverse side herein referred to as “equipment”, and is not a sale, conditional or otherwise. Unless otherwise specified, lease is day to day. Lessee acknowledges that he has examined equipment listed herein and that it is in good working condition. Lessor guarantees all equipment to be operational when it leaves Lessor’s premises, and is not responsible for Lessee’s failure to operate equipment properly. Further, Lessee shall be responsible for monitoring and assessing performance of said equipment. Upon the event of an equipment malfunction, Lessee shall contact Lessor to report malfunction.
WARRANTY: Lessee acknowledges and agrees that Lessor makes no warranty, express or implied, regarding the equipment, including but without limitation to any warranty or merchantability or fitness for any purpose. Lessor’s obligation to Lessee shall be, at Lessor’s discretion, limited to the repair or replacement of equipment that is defective when delivered to Lessee, or a refund of any rent paid by Lessee for said defective equipment. Lessee agrees that this shall be its sole and exclusive remedy against Lessor.
ACCEPTANCE: Unless specifically provided to the contrary in a written agreement signed by an authorized representative of Lessor, Lessee hereby agrees that the property will be deemed “delivered” to the Lessee when it leaves Lessor’s place of business in the possession of the Lessee, an agent of the Lessee, or any third party carrier, with the Lessee bearing the entire risk of loss and/or damage to any Property once it is no longer in the physical custody of authorized employees of Lessor. Upon acceptance of equipment, during the term of the rental, the Lessee shall, at its own cost and expense, keep the equipment in its own custody, maintain the equipment in good state of condition and repair, reasonable wear and tear excepted, and shall be responsible for replacement or repair of any equipment damaged, lost, stolen, missing or broken, in accordance with the “loss and damage” paragraph below.
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. Deck Hand Inc. 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.
Out‐of‐Stock Products and Multiple Product Orders: 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 customer returns Equipment within the prescribed Rental Period. Lessor will keep Lessee informed of any Equipment that Lessee has ordered that are out‐of‐stock and unavailable. If Equipment is out‐ of‐stock or unavailable, Lessee may cancel the order at any time.
LOSS AND DAMAGE: Lessee shall be responsible for any loss, damage or destruction to the Equipment from any cause whatsoever occurring after delivery to Lessee and Lessee’s acceptance of the Equipment and before possession of the Equipment is returned to Lessor. In the event of theft, Lessee agrees to immediately report loss to Lessor and file a police report. In the event Equipment is lost, stolen, missing, destroyed, or not returned for any reason, the Lessee shall be responsible for the cost to replace the same item with the closest comparably equipped model, at current retail prices less any discounts available, without deduction for depreciation. If the Equipment is damaged, broken, or returned incomplete, the Lessor will make a determination of the damage and the required repairs. Lessee and/its representative(s) will have a reasonable amount of time to inspect the damage. In determining whether Equipment shall be repaired or replaced, the Lessor’s judgment shall be conclusive upon Lessee. Should the Lessor determine that the Equipment must be replaced, Lessee shall be responsible for the cost to replace the same item with the closest comparably equipped model, at current retail prices less any discounts available, without deduction for depreciation. Lessee shall be responsible and shall pay Renter the repair or replacement cost of any Equipment damaged, lost, stolen, missing, broken or otherwise. Should any damage or loss cause the Equipment not to be rentable, Lessee shall be liable for daily rental costs until Equipment has been repaired or replaced. Lessee must ensure that the Equipment, when returned to Lessor, is clean. Should the Equipment be returned dirty in Lessor’s sole judgement, Lessor reserves the right to charge Lessee a “Cleaning Fee,”
INSURANCE: The Lessee agrees to be fully responsible for the full value of the equipment during the period that the equipment is away from the premises of Lessor for any loss whatsoever, and also agrees to compensate Lessor in rent for any time lost as a result of making the equipment unavailable for rent. Some orders may require that Lessee insure the Equipment for the duration of the Rental Period or provide an authorization hold to be placed on Lessee’s credit card on file in an amount to be determined by Lessor until the Equipment has been returned to Lessor in good working order. Should Lessee chose to insure the Equipment, Lessee shall add Deck Hand, Inc as “Additional Insured” and “Loss Payee” on Lessee’s insurance policy and provide Lessor with a Certificate of Insurance at the time of the order. Equipment coverage shall be provided on replacement cost basis. If actual cash value basis, Lessee shall pay difference between actual cash value and replacement cost. The insurance shall cover loss or damage no matter where it takes place, in transit or otherwise. Lessee must notify Lessor of Lessee’s intention to use the Equipment outside the Continental U.S. and gain their written permission to do so. For rentals outside the U.S. Lessee is responsible for prepayment of all customs duties, excise taxes, brokerage charges, shipping fees, and taxes and/or other charges, which may be imposed by any country. Any additional equipment needed, due to impounds or delays in shipping or customs are the responsibility of the Lessee. Lessee hereby acknowledges that daily rental charges shall accrue for time in transit, including time equipment may be in the hands of customs and are the responsibility of the Lessee. Lessee shall also be liable for any loss or damage sustained by Lesser including but not limited to the daily rental value of the equipment from the pickup date until return, repair, and/or replacement.
DAMAGE WAIVER: Lessor may offer Lessee the option to purchase a damage and theft waiver (“Damage and Theft Waiver”) for unintentional damage and theft to the Equipment during the Rental Period. The determination of whether damage is unintentional and not abuse is at the sole discretion of Lessor. In the event of damage covered by a Damage and Theft Waiver, the Lessee, who has purchased the Damage and Theft Waiver will pay Lessor a deductible amounting to 12% of the new replacement value of a same or similar item as the damaged or stolen item of the Equipment rented to Lessee. Valuation of the Equipment is within the sole discretion of Lessor. A damage and theft waiver does not cover liquid damage as that is considered to fall under the category of Lessee negligence. The following is not covered by the Damage and Theft Waiver: dampness, dryness or extreme temperature, dishonesty, false pretense, negligent work, rust, oxidation or corrosion, unauthorized transfer, equipment outside the continental United States, employee theft, theft by associate of Lessee, theft by service provider or contractor hired by Lessee, equipment that goes above or below water, aircraft (including drones and unmanned aircraft), theft from and unlocked vehicle (there must be physical signs of break-in for coverage to apply), voluntary parting or false pretense. All claims of theft require the Lessee to file a police report and for Lessor to receive a copy of the filed police report. Also, any peripheral items in Lessee’s rental are not covered including lens hoods, battery chargers, front and rear caps, cables, etc. (“Peripheral Items”).
MISSING ACCESSORIES: In the event of any missing or damaged accessories (caps, hoods, tripod rings, bags, etc.), Lessee is fully liable to Lessor for the replacement cost of the missing items. If Lessee has purchased an optional Damage and Theft Waiver from Lessor, accessories are not covered and Lessee is responsible for the cost of replacement.
USE OF PROPERTY: The Lessee shall operate the Property in accordance with the manufacturer’s instructions and contemplated use and shall not use the Property in any manner which will subject it to hazardous or abnormal conditions, including, but not limited to: not using the Property in accordance with manufacturer’s instructions and contemplated use, negligence (defined as, but not limited to, failure to provide prudent security measures to prevent theft or carelessness in maintaining the Equipment properly), or misuse (defined as, but not limited to improper use of the Equipment causing damage due to utilization of the Equipment in a manner for which it was not designed). Lessee shall not make any alterations, additions, improvements, or repairs to the equipment without the express written consent of Lessor. All Property shall be operated in accordance with applicable Federal, State and local law.
PROTECTION OF OTHERS: Lessee will take reasonable precautions in regard to the use of the Equipment to protect all persons and property from injury or damage. The Equipment shall be used only by Lessee’s employees or agents qualified to use the Equipment.
LIENS: Lessee specifically acknowledges Lessor’s superior title and ownership of said equipment and shall keep the equipment free of all liens, levies, and encumbrances, and shall be responsible for all taxes, transportation charges, duties, broker fees, bond, and all other costs imposed upon the renting or use of said equipment. Upon termination of the rental period or upon the breach of any provision hereof, or in the event of a proceeding in bankruptcy with regard to the Lessee or the levying of derogation or violation of Lessor’s superior title and ownership, Lessor and its agent shall be at liberty at any time thereafter to remove all of said equipment without any liability for such purpose and without prejudice to Lessor’s rights to receive rent due or accrued to and including date of removal of said equipment.
RENT AND DEPOSIT: All rent and deposit will be paid in full at the time of check out.
INDEMNIFICATION: Lessee agrees to defend, indemnify and hold Lessor harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney’s fees, arising out of, connected with, or resulting from the equipment, including motor vehicles, or the personnel hereunder, including without limitation the manufacture, alteration or modification by Lessor, selection, delivery, possession, use, operation, conduct, or return of said equipment, except as a result of Lessor’s sole negligence or willful act.
MISCELLANEOUS: This agreement shall be governed by the laws of the state of California and should any legal proceedings arise out of this agreement, the prevailing party, in addition to any recovery, shall be entitled to recover all reasonable expenses including attorney’s fees. This agreement expresses the entire agreement between the parties and any change thereto must be in writing. The acceptance of the return of the rented equipment is not a waiver by Lessor of claims it may have against Lessee, nor a waiver of claims for latent or patent damage to the equipment. The person signing this Agreement on behalf of the Lessee warrants that such individual has been duly authorized to execute this Agreement and to bind the Lessee to its terms. In the event that any provision of this Agreement is held to be unenforceable, such provision shall be severed from this Agreement and the remainder shall be deemed fully enforceable.