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Old November 26th, 2008, 10:02 AM   #1
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Breach of Contract not Theft

Warning for those who rent out cameras. 3 weeks ago we rented 2 guys an EX3 /DSR350 and a bunch of lighting equipment, etc, etc amounting to $ 80K, they paid the rental cost but never returned the gear. We can't locate them, although we know their address, they have not been seen there for months.

We called the cops but they can't act on it because it is not a criminal case and we handed them the camera so basically they did not steal it. So apart from being vigilant please be aware of this for those in the business of renting cameras.
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Old November 26th, 2008, 10:13 AM   #2
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Sorry to hear that. I imagine that the stuff is still somewhere relatively near you. Would there be any point in posting a pic and serial number of the camera in case any local guys could help? (Is that something we do on dvinfo?)
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Old November 26th, 2008, 10:19 AM   #3
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Ouch. That's a harsh situation. Most of my experience renting hig-end gear requires a credit check before I'm allowed to haul it out the door. Additionally, often I am required to place my credit card or a deposit for the value on 'hold' while it is in my hands.Might be worth ammending your rental agreements to reflect this practice.
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Old November 26th, 2008, 10:29 AM   #4
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I agree with the credit card deposit but they look so legit, and they have the brains not to cut off their phone service (again since we can leave messages, still breach of contract not theft).

Posting serial numbers is a good idea. I'll have it posted shortly.
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Old November 26th, 2008, 10:41 AM   #5
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Ouch, that'll make me think twice.

I'd suggest talking to a collector, they might have some good tips for you. The longer this goes, the less chance there is of seeing your gear back.
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Old November 26th, 2008, 10:56 AM   #6
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Hi Dylan,

We hired a PI for this, we are still pursuing this ( trying to make this criminal instead of civil, I guess it's up to the PI to work his magic). Our rentals manager is pissed off big time.
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Old November 26th, 2008, 10:56 AM   #7
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Not sure what the laws are in Canada, but this just might pass from 'breach of contract' to 'FRAUD' - which IS a form of theft. Might want to chat with your local 'lawyers for the arts' council and get their opinion on how to proceed.
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Old November 26th, 2008, 11:00 AM   #8
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Noel: please post what you CAN and we'll keep an eye out. There's a bunch of EX series running around here now but not many 350s...
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Old November 26th, 2008, 11:05 AM   #9
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I would create a ficticious job and set up a meeting.

On the other hand, if they lied on the contract at all I would suspect you could pursue "theft by deception" charges as well. In Ohio theft by deception can range from misdemeanor to felony depending on the value of that which was stolen.
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Old November 26th, 2008, 11:42 AM   #10
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Quote:
Originally Posted by Richard Alvarez View Post
Not sure what the laws are in Canada, but this just might pass from 'breach of contract' to 'FRAUD' - which IS a form of theft. Might want to chat with your local 'lawyers for the arts' council and get their opinion on how to proceed.
Hi Richard,

We are looking into that angle. I think that's what the PI is working on right now.
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Old November 26th, 2008, 11:47 AM   #11
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Quote:
Originally Posted by Shaun Roemich View Post
Noel: please post what you CAN and we'll keep an eye out. There's a bunch of EX series running around here now but not many 350s...
Here you go Shaun, thanks for the heads-up

EX3- serial number 100513
And actually it was my mistake it was not dsr 350, it was 2 DSR570's serial numbers: 10350 and 10671

Thanks again.
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Old November 26th, 2008, 12:11 PM   #12
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Quote:
Originally Posted by Jeff Harper View Post
I would create a ficticious job and set up a meeting.

On the other hand, if they lied on the contract at all I would suspect you could pursue "theft by deception" charges as well. In Ohio theft by deception can range from misdemeanor to felony depending on the value of that which was stolen.
Hi Jeff,

They are not answering their phones right now. They did their homework. We checked security camera footage, we saw one guy doing the thumbs up to his accomplice after they made a credit card payment.

Anyway I'll keep you guys posted. I hope we nail the 2 thieves.
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Old November 26th, 2008, 12:20 PM   #13
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That gotta be rough, Noel. I hope it all turns out well for you guys. Go get 'em!
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Old March 5th, 2009, 12:28 AM   #14
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Any updates on this story?
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Old March 5th, 2009, 09:34 AM   #15
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Update

The cops have upgraded the charges to fraud. They have located the last known address of Ray Guiterrez and there is a warrant for his arrest. Prior to this he ripped off Rona using the same modus operandi carting away power tools.

It has been slow, the cop handling the case went on a 3 week vacation & the guy is nowhere to be found.

2008 has been a bad year for us in terms of theft, we lost 2 Christie HD 8Ks, Meyer Sound System, etc, etc totalling $ 800K in Montreal early 2008. The theives managed to pull our 5 ton truck & emptied the contents. There was neglince on our technicians side as well, they should have unloaded the gear but decided to just leave the trailer overnight ( but hey who would have thought they can tow a 5 ton truck parked in the hotel). We managed to save the show. Insurance company gave us a check after 6 months.
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