UAVLance hereby offers to lease to you certain Drone Equipment described below. By clicking on the ''Place Order'' button on the UAVLance.com website, this Equipment Lease Agreement (''Agreement'') is made and is effective by and between UAVLance (''Lessor'') and you (''Lessee''). Lessee agrees to be bound by the Lease, whether Lessee has read the Lease or not. Lessor may at its sole discretion, modify this Equipment Lease Agreement and all the Terms and Conditions therein at any time. By completing an order and submitting payment, 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:
1. Lessor hereby leases to Lessee the following equipment: [Insert description of equipment]
2. The term of this lease shall commence on the date indicated by the Lessee and expire on the date indicated by the Lessee upon submitting the order. The term of this lease shall expire on the expiration of the term of days shown on the order receipt. The Equipment must be return shipped using the agreed upon shipping method on the date indicated as the “To” (end date).
3. The cost of the Equipment rental shall be paid in advance and in full with a secure form of payment.
4. Lessee shall pay a security deposit in the following amount prior to taking possession of the Equipment: $… Lessor shall retain this deposit to be used, in the event of loss of or damage to the Equipment during the term of this Agreement, to defray fully or partially the cost of necessary repairs or replacement. In the absence of damage or loss, said deposit shall be credited toward payment of the rental fee and any excess shall be returned to the Lessee. [Delete if Deposit not required]
5. Lessee shall be responsible for shipping the Equipment to Lessee's premises and for return shipping to Lessor’s address. Method of shipping shall be arranged with the Lessor in advance. Shipping costs for the Equipment are paid for by the Lessee concurrently with the Equipment rental, and include insurance from the shipper. Shipping transit times are estimates, and cannot be guaranteed.
6. If Equipment is not returned on the last day of the Term, Lessee will incur daily late charges in the amount of a prorated 1 week term rental fee. Any penalties or late charges will be charged to the original form of payment on file with Lessor. Rental Equipment not shipped within 7 days of the end date of the lease will be considered stolen and the full replacement value of the Equipment will be charged to Lessee’s form of payment. If Lessee subsequently returns equipment within 14 days of the end date, the Lessor will refund the full replacement value charge less late fees and a 10% processing fee. Lessor reserves the right to refuse returns and refunds after 14 days. Lessor reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.
7. Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs, and will refund all payments made by Lessee.
8. Lessee may cancel an order up to 14 days before the start date for a full refund of payments made by Lessee. Cancellations made within 14 days of the start date and before Lessor has turned over the Equipment to the Shipper, will result in a refund less a 20% cancellation charge. If Lessee cancels an order. Lessee cannot cancel an order once Lessor has turned over the Equipment to the shipper.
9. Lessee assumes the entire risk of loss and damage to the Equipment from any cause. No such event shall reduce Lessee's obligation under this Agreement. In the event of damage to, or loss of, the Equipment, Lessee agrees that Lessor may charge Lessee's credit card for the cost of repair or replacement of the damaged or lost Equipment. Lessor reserves the right to choose the repair method and facility, and Lessor and Lessee agree to be bound by the report of the repair facility as to the cause of the damage and cost of repair for the Equipment.
10. Unless pre-existing damage is reported to Lessor within 24 hours after Lessee takes possession of the Equipment, it is assumed any damage to the equipment occurred during the term of the Lease. Upon notification of suspected damage resulting from shipping of the Equipment, Lessor will direct Lessee to return the Equipment to Lessor. Lessee and Lessor agree to be bound by the report of the manufacturer/repair company as to the cause of the damage and cost of repair.
11. 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.
13. 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 to such place as Lessor shall specify within the city or county in which the same was delivered to Lessee.
14. If the Equipment is not returned within 14 days of expiration of the term of the Lease, the Lessee shall be liable for the replacement value of the Equipment.
15. In case of a dispute over whether the Lessee returned the Equipment: If the tracking information for the return shipping label provided by Lessor does not show that the Equipment has been picked up by Shipper and the Lessee has no drop-off receipt, the Equipment is considered unreturned.
16. 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 makes no claims to images, video, or sound recordings made by the Lessee while using the Equipment, if applicable
17. If Lessee fails to meet any obligation under the Agreement, Lessor has the right to take immediate possession of the Equipment, charge Lessees credit card for replacement cost of the Equipment, to pursue any legal remedies, and to sue to recover any lost equity or income. If litigation is required to recover damages, Lessee is held responsible for all court cost and legal fees incurred by Lessor.
18. 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.
19. In the case of a shipping delay or malfunctioning Equipment, Lessor’s only liability to Lessee is a full refund of the rental fees and shipping costs paid by the Lessee. Shipping delays caused by Lessee providing incorrect or incomplete address information are not eligible for refunds of any kind.
20. including without limitation the manufacture, selection, delivery, possession, use, operation, or return of the Equipment.
21. Lessee shall not assign this Lease or its interest in the Equipment without the prior written consent of Lessor.
22. In the event any article or part thereof of this agreement is held to be unenforceable or invalid, then said article or part shall be struck and all remaining provisions shall remain in full force and effect.
23. The terms of this agreement and any obligations arising out of or in connection with it are governed and shall be interpreted and construed in accordance with the Laws of the State of… The Parties agree to and submit to the exclusive jurisdiction of the courts of that place.
24. Terms listed on a formal proposal between the Lessor and Lessee supersede relevant terms indicated above.