Please read the rental agreement in full. By ticking the confirmation but upon purchasing you are agreeing the the agreement.
EQUIPMENT HIRE AGREEMENT
This Equipment Hire Agreement (the “Agreement”) is made and entered into by and between Moment Cams Ltd (Engagement Cam), a Company incorporated under the Laws of England & Wales with its head office located at Engagement Cam, PO Box 3363, Bristol, BS3 9HT (hereinafter referred to as “the Company”) and ….[YOUR NAME]…, (hereinafter referred to as (“the customer/client”), and collectively referred to as, (“the Parties”). The Equipment hereinafter will be referred to as “Engagement Cam”.
This Agreement is effective as from……Date of purchase……for 7 days or incremental periods of 10 days if purchased (“Effective Date”) upon signing through the use of our e-signature software as the prescribed mode.
In consideration of the services being rendered and of the mutual covenants, terms and conditions herein set forth and contemplated;
The Parties hereby agree as follows:
The rental term shall be for a standard seven (7) days with an option for time to be purchased in blocks of seven (10) days which can be exercised when necessary.
- Purpose and Scope
The sole purpose of this agreement shall be to provide the client/customer with the equipment (Engagement cam) necessary to record their proposal or giving of a gift held within the equipment. For the purchased time period.
Fee/ costs and Security Deposit
3.1 The Cost’s for rental shall be £200 for the standard option and £16 for the additional 10 days.
3.2 The customer understands that a charge of £200 as Security Deposit will be held against their card, which is not charged should there be no damages to the “Engagement cam unit or other products” and the unit is returned on time. Any such charges you would be informed within 10 days from when the product is returned.
3.3 If the customer/client decides at the end of the rental period they wish to purchase the Engagement Cam they can do so by contacting us and pay a fee of £150.
- The customer shall be liable for all the visual marks such as scratches which are visible on the product. However, the customer is obliged to take reasonable care of the product to avoid liability.
- If the extent of the damage is sufficient the Company may have to remove the electronics and replace into a new containment. This is at a cost of which is chargeable to the customer at £48 including VAT or the market value in case of variations.
- Damage resulting in the electronics and/or containment box being damaged upon repair would be covered by the security deposit being taken come the customer/client.
Since this agreement and the services herein are rendered online, Additional time would be allowed for the postage delay of the product which will be sent via a tracked service and customers will be provided with a free return label to return the product within the same box it arrived in. This is covered again by a tracked service, but we do advise asking for “Proof of postage”.
- Use of the Services
The Customer promises the Equipment “Engagement Cam” will be used:
(a) [in a skillful and proper manner,]
(b) [in accordance with any operating instructions issued for it], and
(c) [in accordance with any relevant legislation]; and
(d) [Not to be used for commercial purposes]; without prior consent
6.1 Moment Cams shall not be responsible/liable if the customer fails to “capture the moment” for reasons such as Camera angle off, not charged or they have filled up the memory card.
6.2 If the product is lost, missing or stolen, the customer shall be liable to pay the full value of the equipment to the Company in order to replace it as per the market value.
6.3 The customer shall also be liable for engaging in illegal acts or harm to others contrary to the purpose of this agreement and the governing laws and regulations of England and Wales or the country that they reside within.
6.4 Limitation of Liability
Moment Cams total liability shall not exceed the sum of £800.
Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation;
- any other losses which cannot be excluded or limited by applicable law;
The Company shall respect the Customer’s/Client’s right to privacy and will not share any confidential information from the Customer to others who are not contracted with the Company unless it is essential to providing the Services. Without limiting the foregoing, the Company may disclose confidential information when appropriate with the consent from the Customer.
- Force Majeure
Neither party shall be liable for any delay or failure in performance, resulting from acts beyond the control of such party, including, but not limited to Acts of God, acts of war, fire, flood, or other disaster, act of government, strike, lockout, communication line or power failures.
Any notice, demand, or request with respect to this agreement shall be in writing and shall be effective only if it is delivered. Any party may change its address for such communications by giving notice to the other party in conformity with this section.
Either party can opt to terminate the contract by issuing a written notice before the package is posted or has arrived via the tracked postage service. However once this has happened the customer/client will be charged.
- Continuing Obligations
Parties agree that the provisions outlined herein shall survive the termination of this relationship however it may arise.
- Dispute Resolution
The Parties herein agree that in case a dispute arises between them, it shall be subjected to the jurisdiction of the Courts within the England and Wales.
- Governing Law
This Agreement shall be governed and its terms interpreted by and in accordance with the laws of the England and Wales without regard to conflict of law’s provisions, for any claim arising out of this Agreement.
No amendment, alteration, change, or modification of this Agreement shall be valid unless it done in writing and signed by each Party hereto and any such amendment, alteration, change, or modification shall be adhered to and have the same effect as if they had been originally embodied in and formed a part of this Agreement.
- Entire Agreement
This document contains the entire Agreement of the Parties and there are no oral Agreements, understandings or representations relied upon by the Parties.
If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the Parties that all other provisions be construed to remain fully valid, enforceable and binding on the Parties.
- Electronic Signature Acknowledgment
By signing this Agreement, both Parties agree that their electronic signatures are the legally binding equivalent to their handwritten signatures. Either Party will not, at any time in the future, repudiate the meaning of their electronic signature or claim that their electronic signature is not legally binding.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement on the date and year indicated first above:
Moment Cams Ltd ………………………………….
[Your Name -INSERT] …………………………………..