Equipment Replacement Costs, including hoods,cases, filters and accessories when applicable:
|16-35mm f2.8 L Series II||$1,670.70||24-70mm f2.8 L Series||$1,356.59|
|24-105mm f4.0 L Series IS||$1,241.85||28mm f2.8||$280.20|
|70-200mm f2.8 L Series IS||$2,090.95||85mm f1.2 L Series II||$2,083.00|
|85mm f1.8||$441.35||100mm f2.8 Macro||$576.00|
|100-400mm f4.0 L Series IS||$1,646.85||135mm f2.0 L Series||$1,107.60|
|Canon 5D Mark II Camera Body||$2,737.45||200mm f2.8 L Series II||$812.75|
|300mm f2.8 L Series IS||$4,221.92||580 EX SeriesII Flash||$465.55|
|RS80 N3 Remote Switch||$54.90||Lexar 300x 8 GB Card||$29.90|
|1.4 II and 2.0 II Extender||$657.35||RS60 E3 Remote Switch||$30.90|
|Canon 5D Camera Body||$2,154.30||Canon 7D Camera Body||$1,734.83|
|Canon BG-E7 grip for 7D||$189.95||Canon 15mm Fisheye lens||$683.83|
|Canon 35mm f/1.4L||$1592.79||Canon 70-200mm f/2.8L IS II||$2,639.40|
|Canon EF-S 17-55mm f/2.8 IS||$1302.49|
|Canon EF-S 10-22mm f/3.5-4.5||$1004.83|
|Canon 5D mark III||$3562.38|
This agreement to lease equipment (Lease) is made and effective by clicking on the Check Out button, by and between webelenses.com, (Lessor) and current user (Lessee). By clicking on the Check Out button, Lessee agrees to be bound by these Terms and Conditions, whether or not Lessee has read them. Webelenses.com may at its sole discretion modify these Terms and Conditions at any time and any modifications shall become effective immediately as posted on this site. By clicking on the Check Out button, Lessee indicates acceptance of the modified Terms and Conditions.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:
Webelenses.com hereby leases to Lessee, and Lessee hereby leases from Webelenses.com, the following described equipment (the "Equipment"): shown in the order preview above.
The term of this Lease shall commence on the date shipper shows delivery of Equipment and shall expire in the amount of time shown in the order preview as the rental duration thereafter.
Webelenses.com shall be responsible for shipping the Equipment to Lessee's premises, as designated by Lessee in Shipping Information, via shipping mode of webelenses.coms choice. Webelenses.com currently ships six days a week (Monday through Saturday) via United States Postal Service (USPS) mail. Webelenses.com does not ship on USPS holidays. Webelenses.com will send Lessee an email at the email address Lessee has provided when Equipment is shipped. Webelenses.com will send Lessee an email at the email address Lessee has provided when Equipment rented by Lessee is returned.
Shipping Time: Most orders are shipped within 24 hours, except Sunday.
Webelenses.com cannot guarantee when an order will arrive. Consider any shipping or transit time offered by webelenses.com or other parties only as an estimate. Lessee is encouraged to order in a timely fashion to avoid delays caused by shipping or product availability.
Both the outbound (from webelenses.com to Lessees premises) and inbound (from Lessee back to webelenses.com) shipping charges for the order will be paid in advance and in full.
The rent for the Equipment shall be paid in advance in full. WE DO NOT ACCEPT PRE-PAID CREDIT CARDS!
Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, state, municipal, police and other laws, ordinances and regulations in any way relating to the possession, use, or maintenance of the Equipment.
6. Right to Lease.
Webelenses.com warrants that webelenses.com has the right to lease the Equipment, as provided in this Lease.
7. Order Acceptance Policy.
Your receipt of an electronic or other form of order confirmation does not signify webelenses.coms acceptance of Lessees order, nor does it constitute confirmation of webelenses.coms offer to rent. Webelenses.com reserves the right at any time after receipt of Lessees order to accept or decline Lessees order or to supply less than the quantity Lessee ordered of any item for any reason.
The Equipment is, and shall at all times be and remain, the sole and exclusive property of webelenses.com; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.
Webelenses.com shall keep the Equipment in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the Equipment in good mechanical working order.
Lessee shall not in any way repair or materially alter the physical or otherwise makeup of the Equipment.
10. Lost, Damaged, or Unreturned Equipment.
Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease which shall continue in full force and effect through the term of the Lease.
In the event of damage of any kind whatsoever to the Equipment, Lessee agrees to allow webelenses.com to charge Lessees credit card for the full cost of repair of said damaged Equipment. Webelenses.com expressly reserves the right to choose the repair method and venue, within reasonable market value terms. Lessee agrees to be bound, legally and otherwise, by the report of webelenses.coms chosen repair venue as to the cause of the damage to the Equipment. In the unlikely event that the Equipment appears damaged when Lessee receives Equipment via USPS, Lessee must notify Webelenses.com immediately upon first inspection of the Equipment. Upon notifying webelenses.com of suspected damage resulting from shipping of the Equipment, webelenses.com will negotiate a mutually agreeable solution with Lessee. In the event of loss or default, Lessee agrees to allow webelenses.com to charge Lessees credit card for the full retail price of the Equipment. The full retail price of the Equipment will be charged in addition to the late fees assessed prior to deeming the Equipment lost or unreturned. Equipment is deemed to be lost or unreturned when Lessee has failed to ship rented Equipment to webelenses.com within seven (7) days of expiration of Term. If Lessee returns Equipment, in undamaged state, to webelenses.com within fifteen (15) days of expiration of Term, the charge to Lessees credit card for the full retail price of the Equipment will be refunded to Lessee by webelenses.com and a late fee will be charged to Lessees credit card. Late returns are subject to a fee of one third of the one week rental price at time of purchase per day. After fifteen (15) days, all sales are final. See Equipment Replacement Costs at the top of this Lease Agreement.
Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to webelenses.com in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering the Equipment at Lessee's cost and expense via the shipping method of webelenses.com's choice. Ordinary wear and tear is to be determined at the discretion of webelenses.com within the confines of the reasonably common and ordinary meanings of those terms. Lessee will be responsible for proper packaging of the return shipment using shipping and packaging materials as provided by webelenses.com in the order shipment. Webelenses.coms acceptance of the Equipment upon return by Lessee shall not represent webelenses.coms determination as to condition of Equipment upon return. Webelenses.com reserves the right to accept Equipment upon return by Lessee and make determinations regarding the condition of the Equipment within a reasonable amount of time. Webelenses.coms determination as to the condition of the Equipment upon return by Lessee is binding under this Section and Section 10 (Lost, Damaged, or Unreturned Equipment.).
Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee, or webelenses.com 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, and other taxes, fees and governmental charges similar or dissimilar to the foregoing, together with any penalties or interest thereon, imposed by any state, federal or local government or any agency, or department thereof, upon the Equipment or the purchase, use, operation or leasing of the Equipment or otherwise in any manner with respect thereto and whether or not the same shall be assessed against or in the name of webelenses.com or Lessee. However, Lessee shall not be required to pay or discharge any such tax or assessment so long as it shall, in good faith and by appropriate legal proceedings, contest the validity thereof in any reasonable manner which will not affect or endanger the title and interest of webelenses.com to the Equipment; provided, Lessee shall reimburse webelenses.com for any damages or expenses resulting from such failure to pay or discharge.
13. Limitation of Liability.
THE CONTENTS OF THE WEBELENSES.COM WEBSITE, AND THE EQUIPMENT WEBELENSES.COM DELIVERS ARE PROVIDED "AS IS." WEBELENSES.COM MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT EQUIPMENTS ACCURACY OR FUNCTIONALITY. WEBELENSES.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBELENSES.COM WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBELENSES.COM WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBELENSES.COM WEB SITE, OR FOR ANY CONDUCT BY USERS OF THE WEBELENSES.COM WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, WEBELENSES.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE EQUIPMENT WEBELENSES.COM DELIVERS, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WEBELENSES.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBELENSES.COM WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
IN NO EVENT SHALL WEBELENSES.COM BE LIABLE TO LESSEE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY EQUIPMENT OR THE INFORMATION ON WEBELENSES.COMS WEBSITE. WHILE WEBELENSES.COM WILL MAKE A REASONABLE EFFORT TO RETURN ANY NON-WEBELENSES.COM PROPERTY IT RECEIVES, WEBELENSES.COM WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Lessee shall indemnify and save harmless webelenses.com against all loss, damage, expense and penalty arising from, related to, or connected with any action on account of any injury to person or property of any character occasioned by the operation, handling or transportation of the leased Equipment during the Term or while the Equipment is in the possession or control of Lessee.
If the lessee fails to meet any obligation under this agreement, Webelenses.com has full right to take immediate possession of the equipment; to make a charge to the lessee'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, lessee is held responsible for all court costs and legal fees incurred by Webelenses.com.
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 webelenses.com's remedies are cumulative, and may be exercised concurrently or separately.
Neither this Lease nor any interest therein is assignable or transferable by operation of law. If any proceeding under the Bankruptcy Act, as amended, 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, webelenses.com shall have and may exercise any one or more of the remedies set forth in Section 12 (Surrender.) above; and this Lease shall, at the option of the webelenses.com, without notice, immediately terminate and shall not be treated as an asset of Lessee after the exercise of said option.
17. Additional Documents.
If webelenses.com shall so request, Lessee shall execute and deliver to webelenses.com such documents as webelenses.com shall deem necessary or desirable for purposes of recording or filing to protect the interest of webelenses.com in the Equipment including, but not limited to a UCC financing statement.
18. Typographical Errors.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, webelenses.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Webelenses.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Lessees credit card charged. If Lessees credit card has already been charged for the purchase and Lessees order is canceled, webelenses.com shall immediately issue a credit to Lessees credit card account in the amount of the incorrect price.
19. 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.
Lessee shall not assign this Lease or its interest in the Equipment without the prior written consent of webelenses.com.
Headings used in this Lease are provided for convenience only and shall not be used to construe meaning or intent.
22. Governing Law.
This Lease shall be construed and enforced according to laws of the State of Tennessee, County of Wilson.
Webelenses.com reserves the right to cancel any order for any reason, including price mistakes.
These Terms and Conditions will supersede any terms and/or conditions Lessee includes with any purchase order, regardless of whether webelenses.com signs the purchase order or not. Webelenses.com reserves the right to make changes to this site and these Terms and Conditions at any time.