THIS AGREEMENT TO LEASE EQUIPMENT (“Lease”) is made and effective by signing the
following Rental Agreement with PERFECT IMAGE SERVICE CENTER, INC (“Lessor”) and
current user (“Lessee”). By signing this agreement, 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 signing this agreement, 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
The term of this Lease shall commence at the date and time the Equipment is released to the
Lessee and shall expire on the last day of the rental as shown on order receipt. The equipment
must be returned to Perfect Image Service Center Inc. during their local business hours on the
last day of the rental. In the event the last day is a postal holiday, one day’s extension is
The rent for the Equipment shall be paid in advance in full.
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.
5. Right to Lease.
Lessor warrants that Lessor has the right to lease the Equipment, as provided in this Lease.
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
Lessee shall not in any way repair or materially alter the physical or otherwise makeup of the
8. Late Return.
Lessee shall return the Equipment in accordance with Section 2 (“Term”). In the event Lessee
does not return the Equipment in accordance with the Lease Term, Lessee agrees to allow Lessor
to charge Lessee’s credit card or otherwise garnish, collect or obligate Lessee at Lessor’s sole
discretion treble (three times) the one-day rental price per day that the Equipment is late.
9. 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 Lessor
to charge Lessee’s credit card, or otherwise garnish, collect or obligate Lessee at Lessor’s sole
discretion 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
agrees 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 and the costs associated with said repair.
In the unlikely event that the Equipment appears damaged when Lessee receives Equipment,
Lessee must notify Lessor immediately upon first inspection of the Equipment. Upon notifying
Lessor of suspected damage resulting from shipping of the Equipment, Lessor will negotiate a
mutually agreeable solution with Lessee.
In the event of loss or default, Lessee agrees to allow Lessor to charge Lessee’s credit card or
otherwise garnish, collect or obligate Lessee at Lessor’s sole discretion for the full retail price of
the Equipment. Full retail price is to be solely determined by Lessor, and will generally, but is
not guaranteed to be, the Manufacturer’s Suggested Retail Price of the equipment at time of
rental, as specified by the equipment’s manufacturer. The full retail price of the Equipment will
be charged in addition to the late fees assessed prior to deeming the Equipment “lost” or
Lessee will also be required to pay the lost rental income due to equipment being in a nonrentable
state, and shall continue to pay same until equipment is fully repaired and able to be
Equipment is deemed to be “lost” or “unreturned” when Lessee has failed to return rented
Equipment to Lessor within 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 full retail price of the Equipment will be refunded to Lessee by
Lessor and a late fee will be charged to Lessee’s credit card in accordance with Section 11 (“Late
Return”). After thirty (30) days, all sales are final.
10. Damage Waiver
Lessor offers Lessee the option to purchase a damage liability waiver for accidental damage
caused to the Equipment during the lease Term. If liability waiver is purchased and accidental
damage occurs to the Equipment during the Term, Lessee’s liability shall be to pay Perfect
Image Service Center, Inc. the lesser of a) the actual costs for the repair or b) 12% of the
Equipment’s replacement value. The premium paid for the Damage Waiver will be applied
toward Lessee’s liability in either case. Lessor reserves the right to define “Replacement value”
for each piece of Equipment, but in no case shall it exceed the MSRP of the Equipment at the
time of rental.
Lessee must provide an identifiable piece of the equipment (including serial number) for claim
verification. Damage waiver specifically excludes complete loss or theft.
Damage waiver only covers accidental damage, not abuse or intentional damage. Lessor
reserves the sole right to determine whether or not damage is accidental.
Damage caused by water immersion is specifically not covered by Damage Waiver.
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. Ordinary wear and tear is to be determined at the sole 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 shipment.
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’s determination as to the condition of the
Equipment upon return by Lessee is binding under this Section and Section 12 (“Lost, Damaged,
or Unreturned Equipment.”).
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.
13. Limitation of Liability.
THE CONTENTS OF THE PERFECT IMAGE SERVICE CENTER, INC. 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 PERFECT IMAGE SERVICE CENTER, INC. WEBSITE, FOR ANY
FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT
CONTAINED ON THE PERFECT IMAGE SERVICE CENTER, INC. WEBSITE, FOR ANY
LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON
THE PERFECT IMAGE SERVICE CENTER, INC. WEB SITE, OR FOR ANY CONDUCT
BY USERS OF THE PERFECT IMAGE SERVICE CENTER, INC. 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 PERFECT IMAGE SERVICE CENTER, INC. WEBSITE IS
ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION
IS SUBJECT TO CHANGE WITHOUT NOTICE.
IN NO EVENT SHALL PERFECT IMAGE SERVICE CENTER, INC. 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 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. 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 Lessor 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 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 to Lessee.
• C. To sue for and recover all rents, and other payments, then accrued or thereafter
• D. To terminate this Lease.
• E. To pursue any other remedy at law or in equity.
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, and all costs incurred by Lessor relative to said default
shall be paid by Lessee, including but not limited to Collection Agents’ fees, Process Server fees,
Court costs, and Attorneys’ fees. All of Lessor’s remedies are cumulative, and may be exercised
concurrently or separately.
16. Attorneys’ Fees.
In any action or proceeding to enforce, preserve, or protect any right or benefit under this
Agreement, the prevailing party in each such action or proceeding shall be entitled, in addition to
any and all other relief granted by a court or arbitrator, to an award in such action or proceeding
of the amount of its attorneys’ fees, costs and expenses reasonably incurred therein.
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 14
(“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
18. 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.
19. 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 issue a credit to Lessee’s credit card account in the amount of the incorrect
20. 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 Lessor.
Headings used in this Lease are provided for convenience only and shall not be used to construe
meaning or intent.
Perfect Image Service Center, Inc. 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 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.