Shopping cart is empty
42nd Street Photo – Rental Terms & Conditions
- Rental Period
- Equipment is rented on a daily, weekly, or monthly basis.
- The rental period begins when the equipment is picked up and ends when it is returned to 42nd Street Photo.
- Any anticipated rental period provided by the customer is for reference only; actual rental charges are based on the time equipment remains in the customer’s possession.
- Rental Fees & Payment
- Customers must pre‑pay the full rental amount at the start of the rental period.
- Fees are listed on the rental form for each item and are subject to applicable sales and use taxes.
- Extended rentals are billed in weekly increments unless otherwise agreed.
- Payment is due upon receipt of invoice.
- Late Payments & Default
- A service charge of 5% (minimum $5, maximum $100) may be applied to late payments for each month or portion thereof.
- Additional late charges may accrue at 1.75% per month (21% annually) or the maximum rate permitted by law.
- In the event of default, 42nd Street Photo may terminate the agreement, repossess the equipment, and recover all outstanding amounts, including collection costs and attorney’s fees.
- Delivery & Return
- Equipment must be returned in person to 42nd Street Photo.
- All equipment must be returned in good operating condition, with normal wear and tear accepted.
- Warranty & Liability
- 42nd Street Photo warrants that all equipment is provided in good working order.
- Liability for breach of warranty is limited to direct damages not reasonably discoverable upon receipt, and shall not exceed the rental fees paid for the item.
- No other warranties, express or implied, apply.
- Ownership & Use
- All equipment remains the property of 42nd Street Photo.
- Equipment may not be subleased, transferred, sold, altered, or encumbered without prior written consent.
- Rental does not include purchase rights unless explicitly agreed in writing.
- Service & Maintenance
- Routine maintenance and calibration are provided by 42nd Street Photo.
- Customers must notify 42nd Street Photo immediately if equipment malfunctions and await instructions before attempting repairs.
- Safekeeping & Responsibility
- Customers are responsible for safekeeping and assume all risk of loss, theft, damage, or destruction.
- Equipment must be insured for at least its replacement value.
- Customers are liable for repair or replacement costs due to misuse, negligence, or unauthorized tampering.
- Rental fees continue until equipment is repaired, replaced, or reimbursed.
- Non‑returned items will be charged at full replacement cost (minimum $10).
- Objections to Agreement
- Customers must submit written objections within 72 hours of receiving this agreement.
- Objections are binding only if accepted in writing by 42nd Street Photo.
- If rejected, the agreement may be terminated and equipment must be returned immediately.
- Indemnification
- Customers agree to indemnify and hold harmless 42nd Street Photo against all claims, damages, and expenses (including attorney’s fees) arising from the use, possession, or return of equipment.
- This obligation survives termination of the agreement.
- Miscellaneous
- This document constitutes the entire agreement between 42nd Street Photo and the customer.
- If multiple customers are named, liability is joint and several.
- Additional documentation (e.g., financial statements, U.C.C. filings) may be required at 42nd Street Photo’s discretion.
- Rental Conversion to Purchase
- Customers in good standing may request to convert a rental into a purchase during an active rental period.
- Written notification is required to exercise this option.
- Purchase Price:
- New equipment: current published list price.
- Used equipment: fair market value determined by 42nd Street Photo.
- Up to two months of rental fees may be applied toward the purchase price if conversion occurs during the rental period.
- Customers may return rented equipment and purchase equivalent new merchandise at current prices, or apply eligible rental fees toward other equipment at 42nd Street Photo’s discretion.