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TERMS AND CONDITIONS



OWNERSHIP

The Equipment remains at all times the sole and exclusive property of QwikGear. The borrower holds no rights or claims to the Equipment. QwikGear will not and shall not at any point in time make any claims to images, video or sound recordings made by the borrower while renting the Equipment.


EQUIPMENT

The borrower assumes full responsibility to return the rented items in the same condition as found on the day the rental period commences. Damage or loss of equipment during the rental period is entirely the borrower's responsibility once the equipment is received from QwikGear. All Equipment are rigourously tested and scrutinized before the commencement of the rental period. It is the borrower’s responsibility to check that the Equipment is in good working condition at the time of receiving the Equipment. QwikGear shall not be held responsible for any defects or deficiencies in the equipment unless immediately notified about it. QwikGear will not bear responsibility for any loss incurred by the borrower as a result of such defects and deficiencies. At the time the Equipment is handed over to the borrower, sufficient time will be provided to him/her so as to check the equipment for minor and major issues. Minor issues include the likes of scratches on the lens and body, missing hoods and caps, etc. A note of such minor issues will be made on the delivery receipt prior to handing over the Equipment to the borrower. Major issues include non-functioning of critical components of the Equipment. In the eventuality that such a major issue is discovered at the time of receiving the equipment, the borrower can return the lens to the delivery person or the Qwikgear counter immediately. All items listed in the delivery receipt are for normal use only. Usage under extreme conditions is prohibited! Rehire of our equipment to third parties or cross hires of any kind is completely disallowed.


REGISTRATION OF QWIKGEAR ACCOUNTS

QwikGear does not collect any form of advance or deposit for renting out Equipment to the borrower. To protect QwikGear’s Equipment in the event of fraud and/or malice, QwikGear requires the cooperation of the borrower. The borrower is required to furnish Proof of Identity, Address and also a recent passport sized photograph during the process of registering his/her account with QwikGear. The account is only deemed approved after QwikGear has scrutinized these documents. The borrower must bear in mind that these documents will be used against him/her in the eventuality of fraud as described under the “EQUIPMENT LOSS, THEFT OR DAMAGE” section below. QwikGear reserves the right to store data about the online activity of the borrower and will use this data for reports to cyber crime in the eventuality of fraud as described under the “EQUIPMENT LOSS, THEFT OR DAMAGE” section below.


PAYMENT

If the Equipment is booked more than 3 days in advance of the rental commencement date, the borrower is required to make a payment at least three days post the booking process. The payment needs to be made either by online transfer or by process of cash pick up by one of QwikGear’s delivery associates (chargeable). If however, the booking process is made within three days of the rental commencement date, then the payment is collected at the time the equipment is handed over to the borrower or can be paid online transfer before the rental period commences.


CANCELLATION

If the borrower cancels an order less than 5 working days before the rental commencement date, the borrower will be liable to pay QwikGear a cancellation charge amounting to one day of the rental fee for the set of Equipments.


EQUIPMENT LOSS, THEFT OR DAMAGE

In the event of loss of Equipment, the borrower agrees to pay the replacement cost of the Equipment to QwikGear. Alternatively, the borrower could choose to replace the item on his/her own. If the item is out of stock or unavailable, QwikGear reserves the right to levy an appropriate charge upon the borrower. In the event of damage to the Equipment, the borrower agrees to pay actual repair costs as incurred at a service center. Bills for the repair will be furnished to the borrower post the service. In the event that borrower claims the equipment failed on its own rather than by virtue of damage, the report of the service center will be considered binding concerning Equipment failure. If the service center cites wear and tear due to regular usage as the reason for failure, QwikGear will bear the expense. In any other case, the borrower will bear the expense for the repair. Water, Sand, Fire induced damages and those arising out of negligence on the part of the borrower are ALWAYS borne by borrower. If the item is damaged beyond repair, the item will have to be replaced. Alternatively, a replacement value as assessed by QwikGear will be charged. Loss of rental remuneration for the repair period will be charged at rates mentioned for regular rentals on the QwikGear website. The borrower shall not materially modify or alter the Equipment. In the event of any material modifications, the borrower will be responsible for all reasonable costs to restore the Equipment to its normal condition. The borrower shall notify QwikGear about any loss or damage to the equipment on rent immediately if such loss or damage is sustained. Borrower shall pay to QwikGear all costs for repairs along with the daily rental charge until the equipment can be repaired or replaced. If the Equipment on rent are not returned after the rental tenure in time and if the borrower is not reachable via email/phone, the borrower will be charged twice the daily rental rate irrespective of reasons (except highly critical emergencies of a medical nature). If the rented Equipment is not returned to QwikGear even 72 hours after rental period has ended and the borrower is not reachable and/or if it comes to QwikGear’s notice that any of the details submitted as proof during the registration process are fabricated, QwikGear will be forced to initiate recovery proceedings including handing over the case to QwikGear’s legal & recovery advisors. A FIR will be filed and the case will be handed over to cyber crime. A case under section 420 of the Indian Penal Code will be booked.


USAGE OF EQUIPMENT OUTSIDE INDIA

The borrower must notify QwikGear of his/her intention to take the equipment outside India and gain the permission to do so at the time of receiving the Equipment. The borrower must also declare the equipment with the customs prior to leaving India and attain the clearance form from the custom’s officer. It is solely the borrower’s responsibility to bear any custom fee imposed on the equipment, if he/she failed to declare the Equipment with the customs.