THIS EQUIPMENT LEASE AGREEMENT ("Lease") is made and effective by
clicking on the “Confirm Order” button, by and between BMP Photo LLC, ("Lessor")
and current user ("Lessee"). By clicking on the “Confirm
Order” button, Lessee agrees to be bound by these Terms and Conditions,
whether or not Lessee has read them. Lessor 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 “Confirm Order” 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:
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor,
the following described equipment (the "Equipment"): shown in the
order preview above.
The term of this Lease shall commence on the day of the first attempt by the
parcel carrier to deliver the item, and expire on the last day of the
rental. The equipment must be return shipped to BMP Photo LLC during
business hours on the last day of the rental. In the event the last day
is a Saturday, Sunday or postal holiday, a shipping extension to the next
FedEx working day is granted.
Lessee is responsible for the payment for the shipping of the Equipment to
Lessee’s premises and back to BMP Photo LLC. Lessor does not ship
on federal holidays. Lessor will send Lessee an email at the
email address Lessee has provided when Equipment is shipped. Lessor will
send Lessee an email at the email address Lessee has provided when Equipment
rented by Lessee is returned.
Lessor cannot guarantee when an order will arrive. Consider any
shipping or transit time offered by BMP Photo LLC 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 Lessor to Lessee’s premises) and inbound
(from Lessee back to Lessor) shipping charges for the order will be paid
in advance and in full. Use of shipping or delivery methods other than those
arranged for or specified by the Lessor constitutes a violation of these
terms. Said violation may result in the application of penalties/late fees as
The Lessee is responsible for bringing the package(s) to an authorized FedEx
location and having the package scanned by a FedEx employee. Furthermore the
Lessee agrees to obtain a receipt for the transaction which
shall be retained until Lessor notifies the Lessee that their rental is
complete. Dropping the package(s) off in a drop-box, an un-staffed facility,
3rd party shipper, mailroom facility, USPS, UPS or any other non-FedEx
facility DOES NOT constitute a safe return of BMP Photo LLC property and
constitutes a violation of the terms of the Lease. Any loss occurred at the
above listed unauthorized facilities will be entirely the responsibility of
the Lessee. Any loss will be calculated at full retail value plus any
resulting loss of use charges.
The rent for the Equipment shall be paid in advance in full.
Cancellations are made by contacting us via phone or e-mail and are subject
to the following terms:
by Lessee of 24 hours or more before rental period is about to commence will
result in no charge
Cancellation by Lessee of 24 hours or less before rental period is about to
commence will result in 1 Day charge prorated from
the 3 day rate.
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. Lessor is in no way responsible for Lessee's
use of the Equipment and shall be indemnified by Lessee for any legal action
resulting from Lessee's use of the Equipment, as explained in Sections 16 and
7. Right to Lease.
Lessor warrants that Lessor has the right to lease the
Equipment, as provided in this Lease.
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. BMP Photo
LLC 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.
The Equipment is, and shall at all times be and remain, the sole and
exclusive property of Lessor; and the Lessee shall have no right, title
or interest therein or thereto except as expressly set forth in this Lease.
Lessor 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.
If Lessee does not comply with the above mentioned, and insurance is
purchased on the rental item, insurance becomes void.
11. Lost, Damaged, or Unreturned
Lessee hereby assumes and shall bear the entire risk of loss and damage to
the Equipment from any and every cause.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 to the Equipment, Lessee agrees to allow Lessor to
charge Lessee’s credit card for the full cost of repair of
said damaged Equipment. Lessor expressly reserves the right
to choose the repair method and venue, within reasonable market value
terms. Lessee and Lessor agree to be bound, legally and
otherwise, by the report of Lessor’s chosen repair venue as to the
cause of the damage to the Equipment.
In the event of Equipment becoming damaged beyond repair, Lessees shall pay
for a full replacement and shall not be entitled to ownership of the damaged
In the unlikely event that the Equipment appears damaged when Lessee receives
Equipment via shipment contractor, Lessee must notify Lessor immediately
within three hours of receiving the shipment. Upon notification of
suspected damage resulting from shipping of the Equipment, Lessor will
send Equipment to the manufacturer for inspection and repair. Lessee
and Lessor agree to be bound, legally and otherwise, by the report
In the event of default, or a lost or unreturned item, Lessor reserves
the right to pursue civil and criminal remedies against Lessee, including,
but not limited to, taking immediate possession of the Equipment; obtaining,
by Lessee’s credit card or otherwise, from Lessee the cost of the full retail
price of a comparable substitute of Equipment and late fees assessed prior to
deeming the Lessee in default or the Equipment lost or unreturned; notifying
a collections agency, which immediately results in additional attorneys’ and
collection fees being charged to Lessor; filing of criminal charges;
employing “skip tracer,” private investigator, or repossession agency to
collect the Equipment or goods sufficient to repay the value of the
Equipment; and/or pursue any and all legal remedies against Lessee.Lessee will also forefeit
exclusive.In the event of
litigation to recover any such damages, Lessee is held responsible for all
legal fees and costs incurred by Lessor.
deemed to be in “default” if for any reason payment to Lessee is not
delivered, is disputed, or is otherwise interrupted.
deemed to be “lost” or “unreturned” when Lessee has failed to ship rented
Equipment to Lessorwithin seven (7) days of
expiration of Term. If Lessee returns Equipment, in undamaged state, to Lessor within
thirty (30) days of expiration of Term, the charge to Lessee’s credit card
for the price of a comparable substitute will be refunded to Lessee by Lessor and
a late fee will be charged to Lessee’s credit card. Late returns are
subject to a fee of one-fourth of the one-week rental price at time of
rental, for each day the Equipment is late. Returning an item late without
notifying us first may cause Loss of Use fees to be applied in addition to
the late fees. The amount of the Loss of Use fees will be calculated on a
case-by-case basis. After thirty (30) days,
all sales are final.
12. Out-of-Stock Products and Multiple
Lessor will ship product as it becomes available. There may be
times when the product 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 BMP Photo LLC customer returns Equipment
within the prescribed term period. Lessor will keep Lessee
informed of any products that Lessee has ordered that are out-of-stock and
unavailable for immediate shipment. If Equipment is out-of-stock or
unavailable, Lessee may cancel the order at any time prior to shipping.
For a multiple product order, Lessor will make every attempt to
ship all products contained in the order at the same time. Products
that are unavailable at the time of shipping will be shipped as they become
available, unless Lessee notifies Lessor of their alternate wishes
to this end. Lessee will only be charged for products contained in a
given shipment, plus any applicable shipping charges. Lessee will only
be charged for shipping at the rate quoted on Lessee’s purchase
receipt. The entirety of this shipping charge may be applied to the
first product(s) shipped on an order requiring multiple shipments.
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 alone
excepted, by delivering the Equipment at Lessee's cost and expense via the
shipping method of Lessor's choice. Ordinary wear and tear is
to be determined at the discretion of the Lessor 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 Lessor in the order
Lessor’s acceptance of the Equipment upon return by Lessee shall not
represent Lessor’s determination as to condition of Equipment upon
return. Lessor 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. Lessor’sdetermination
as to the condition of the Equipment upon return by Lessee is binding under
this Section and Section 11 (“Lost, Damaged, or Unreturned Equipment.”).
If Lessee surrenders Equipment with at least 7 days remaining on the Rental
Period, Lessor will issue Lessee store credit-known as "Early Return
Credit"-for the time remaining. Early Return Credit is a discount code which can be used towards a future rental. Early
Return Credit is NOT a cash refund. If Lessee surrenders Equipment with less
than 7 days remaining on the Rental Period, Lessor will not issue Lessee a
credit. As an example, if Lessee has a 3-week order (i.e., 21 days), and
surrenders Equipment on the 12th day after Lessee rented it, Lessee is due an
Early Return Credit for 9 days. Equipment that is returned within one week of
the due date is not eligible for Early Return Credit. Orders for a Rental
Period between three and seven days are also not eligible for Early Return
BMP Photo LLC offers Lessee the option to purchase insurance for
unintentional damage to the Equipment during the Rental Period. The
determination of whether damage is unintentional and not abuse is at the sole
discretion of BMP Photo LLC. In the event of damage covered by this
insurance, the insured Lessee will pay BMP Photo LLC a deductible amounting
to 12% of the value of an item in similar condition to the Equipment rented
to Lessee. Valuation of the Equipment is within the sole discretion of BMP
Photo LLC. Insurance does not cover lost or stolen items. Insurance does not
cover water damage as that is considered to fall under the category of Lessee
negligence. Also, any peripheral items in Lessee's rental are not covered
including lens hoods, battery chargers, front and rear caps, cables, etc. If
Lessee loses and/or damages these items, Lessee will need to pay for them to
be replaced even if Lessee purchases insurance.
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, 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 Lessor 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 Lessor to the Equipment; provided, Lessee
shall reimburse Lessor for any damages or expenses resulting from
such failure to pay or discharge.
16. Limitation of Liability.
THE CONTENTS OF THE BMP PHOTO LLC WEBSITE, AND THE EQUIPMENT LESSOR DELIVERS
ARE PROVIDED "AS IS." LESSOR MAKES NO REPRESENTATIONS OR
WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT EQUIPMENT’S
ACCURACY OR FUNCTIONALITY. LESSOR ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE BMP PHOTO
LLC WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF
ANY CONTENT CONTAINED ON THE BMP PHOTO LLC WEBSITE, FOR ANY LOSSES OR DAMAGES
ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE BMP PHOTO LLC WEBSITE, OR
FOR ANY CONDUCT BY USERS OF THE BMP PHOTO LLC WEBSITE. TO THE FULL
EXTENT PERMISSIBLE BY LAW, LESSOR DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES ABOUT THE EQUIPMENT LESSOR DELIVERS, INCLUDING, FOR EXAMPLE,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. IN ADDITION, LESSOR DOES NOT REPRESENT OR WARRANT
THAT THE INFORMATION ACCESSIBLE VIA THE BMP PHOTO LLC WEBSITE IS ACCURATE,
COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO
CHANGE WITHOUT NOTICE.
IN NO EVENT SHALL BMP PHOTO LLC BE LIABLE TO LESSEE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
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
LESSOR’S WEBSITE. WHILE LESSOR WILL MAKE A REASONABLE EFFORT TO RETURN
ANY NON-LESSOR PROPERTY IT RECEIVES, LESSOR WILL NOT BE LIABLE FOR ANY LOSSES
OF OR DAMAGE TO SUCH PROPERTY.
Lessee shall indemnify and save harmless Lessor against all loss,
damage, expense and penalty, including reasonable attorneys fees, 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.
The failure of either party to enforce any provisions of this Agreement shall
not be deemed a waiver or limitation of that party’s right to subsequently
enforce and compel strict compliance with every provision of this
Agreement. The acceptance of rent by Lessor does not waive Lessor’s right
to enforce any provisions of this Agreement.
If Lessee fails to observe, keep or perform any other provision of this Lease
required to be observed, kept or performed by Lessee, Lessor shall
have the right to exercise any one or more of the following remedies:
A. To declare the entire amount of rent hereunder immediately due and
payable without notice or demand to Lessee.
B. To immediately take possession of Equipment without notice or demand
C. To sue for and recover all rents, and other payments, including lost
rental income, then accrued or thereafter accruing.
D. To terminate this Lease.
E. 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 full performance of all
obligations to be performed under this Lease. All of Lessor'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,Lessor 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 Lessor, without notice, immediately
terminate and shall not be treated as an asset of Lessee after the exercise
of said option.
21. 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 including, but not limited to a UCC financing statement.
22. Claims of Copyright
It is the policy of BMP Photo LLC to respect the intellectual property rights
of others. BMP Photo LLC does not promote, foster, or condone the
copying of photographs or any other infringing activity.
23. 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, Lessor shall
have the right to refuse or cancel any orders placed for product listed at
the incorrect price. Lessor shall have the right to refuse or
cancel any such orders whether or not the order has been confirmed and
Lessee’s credit card charged. If Lessee’s credit card has already been
charged for the purchase and Lessee’s order is canceled, Lessor shall
immediately issue a credit to Lessee’s credit card account in the amount of
the incorrect price.
24. 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. If any portion of
the agreement is found unenforceable, it will not affect the remainder of the
agreement, which shall remain valid and enforceable.
Lessee shall not assign this Lease or its interest in the Equipment without
the prior written consent of Lessor.
Headings used in this Lease are provided for convenience only and shall not
be used to construe meaning or intent.
27. Governing Law.
This Lease shall be construed and enforced according to laws of the State
of California. Lessee and Lessor agree that the United
States District Court for the Northern District of California and/or the
California Superior Court for the County of San Mateo shall
have exclusive jurisdiction over any dispute between you and BMP Photo LLC
relating in any way to the BMP Photo LLC service or website or this
These Terms and Conditions will
supersede any terms and/or conditions Lessee includes with any purchase
order, regardless of whether Lessor signs the purchase order or
not. Lessor reserves the right to make changes to this site
and these Terms and Conditions at any time.