This Damage & Repair Policy ("Damage Policy") is a part of the Rental and Terms & Conditions Agreement between Lessor and the Lessee. This Damage Policy outlines the procedures, liabilities, and obligations concerning any damage or malfunction that occurs to the rented equipment during the Rental Period.
1. GENERAL RESPONSIBILITY
1.1 Lessee’s Responsibility for Equipment
The Lessee assumes full responsibility for the care, custody, and operation of the rented equipment during the entire Rental Period. Any damage, loss, or malfunction resulting from improper use, negligence, or theft shall be the sole responsibility of the Lessee.
1.2 Inspection at Delivery
The Lessor will inspect and test the equipment prior to delivery to ensure it is in full working order. Upon receipt, the Lessee must inspect the equipment and report any visible damage or malfunction to the Lessor immediately before signing the Delivery Form. Failure to notify the Lessor of such issues shall result in the assumption that the equipment was received in good working condition.
1.3 Responsibility for Accessories
The Lessee is fully responsible for all accessories provided with the rented equipment, including but not limited to lens caps, hoods, chargers, cables, and cases. Any loss, damage, or malfunction of accessories shall be treated as follows: Minor Damage or Loss: The Lessee shall bear the cost of repair or replacement for the specific accessory. Major Damage or Missing Accessories: The Lessee will be liable for the full Replacement Value of the accessory based on current market rates, including any shipping or associated costs. Notification: Any issues with accessories must be reported to the Lessor at the time of receipt. Failure to do so implies acceptance of accessories in good condition.
2. DAMAGE DURING THE RENTAL PERIOD
2.1 Notification of Damage
In the event of damage or malfunction during the Rental Period, the Lessee must notify the Lessor immediately. Any delay in notification that exacerbates the damage will result in additional liability for the Lessee.
2.2 Extent of Liability
Minor Damage: If the damage is minor and can be repaired, the Lessee will be responsible for the cost of the repair and any associated downtime or rental fees during the repair period. Major Damage: If the damage is significant and requires extensive repair, the Lessee is responsible for the repair costs as well as the daily rental charges until the equipment is restored to working order or replaced. Irreparable Damage: In cases where the equipment is damaged beyond repair, the Lessee will be liable for the Replacement Value of the equipment as determined by the current market value. This shall include any shipping, taxes, and associated costs to acquire a replacement unit.
3. REPAIR PROCESS
3.1 Evaluation and Repair
Upon receiving notification of damage, the Lessor will assess the extent of the damage and provide the Lessee with an estimate for repair. All repairs will be carried out by an authorized service provider selected by the Lessor.
3.2 Repair Charges
The Lessee is fully responsible for all repair charges, including labor, parts, and shipping costs incurred during the repair process. In addition, the Lessee will continue to be charged rental fees for each day the equipment is out of service due to the repair.
3.3 Repair Timeframe
The repair timeframe will vary depending on the extent of the damage. The Lessor will make reasonable efforts to expedite repairs, but delays caused by third-party repair centers will not limit the Lessee's responsibility for ongoing rental charges.
4. DAMAGE BEYOND REPAIR
4.1 Replacement Value
If the equipment is deemed irreparable, the Lessee shall be responsible for reimbursing the Lessor for the full Replacement Value of the equipment. The Replacement Value shall be determined based on the market price of a similar unit, including applicable shipping and taxes.
4.2 Non-Return of Equipment
In cases where the equipment is not returned due to theft, loss, or any other reason, the Lessee will be responsible for the Replacement Value. Failure to pay for the replacement shall result in legal action by the Lessor, and the Lessee’s account will be terminated.
5. INSURANCE
5.1 Lessee’s Insurance
It is recommended that the Lessee may obtain insurance coverage for high-value equipment to cover the cost of repair or replacement in the event of damage, loss, or theft. Any claims for insurance reimbursement must be processed by the Lessee.
5.2 Lessor’s Liability
The Lessor is not liable for any indirect or consequential damages caused by the failure of the equipment, including but not limited to data loss, lost profits, or missed deadlines.
6. EXCLUDED DAMAGES
6.1 Normal Wear and Tear
The Lessee will not be responsible for damage caused by normal wear and tear or inherent defects in the equipment. The Lessor will bear the cost of repairs related to such issues.
6.2 Unforeseen Circumstances (Force Majeure)
The Lessee is not responsible for damages caused by unforeseen circumstances such as natural disasters, war, or other Force Majeure events, unless such damage could have been reasonably prevented.
7. RENTAL EXTENSION DUE TO REPAIRS
7.1 Rental Charges During Repair
If the equipment is damaged during the Rental Period, the Lessee will be charged for the entire duration of the repair, including any extended rental days required due to the repair process. The Lessee will also bear responsibility for any additional costs associated with substitute equipment rentals if applicable.
8. RETURN OF REPAIRED EQUIPMENT
8.1 Post-Repair Inspection
After the equipment has been repaired, the Lessor will notify the Lessee and schedule its return. The Lessee is entitled to inspect the repaired equipment upon its return to ensure it is in proper working condition.
8.2 Return Policy After Repair
If the Lessee finds any issues with the repaired equipment, they must notify the Lessor within 24 hours of receiving the equipment. Failure to report issues within this timeframe will imply acceptance of the repaired equipment in good working order.
9. DISPUTE RESOLUTION
9.1 Governing Law
This Damage & Repair Policy is governed by the laws of India, and any disputes arising from this Damage & Repair Policy shall be subject to the exclusive jurisdiction of the courts of Bangalore, India.
9.2 Dispute Resolution Process
In the event of a dispute over the extent of damage or repair charges, both parties agree to first seek resolution through informal negotiation. If no resolution is achieved, the dispute shall be resolved through arbitration or mediation in accordance with the laws of India.