Terms & Conditions

TERMS AND CONDITIONS OF EQUIPMENT LEASE

I: Lessee leases the personal property described above in accordance with the terms and conditions set forth in this agreement. Lessee understands that the ownership of the equipment will remain vested in the Lessor, subject to the sole exception set forth in Paragraph V below. This lease is non-cancelable by the Lessee, except as provided by the express terms and conditions set forth below.

II: Lessee agrees to pay during the term of this lease rent as provided in the Lease Schedule and all applicable sales taxes. The first rent payment and installation fee shall be payable when delivery of the equipment is scheduled and each subsequent rent payment and applicable sales taxes on the first day of the subsequent months. If Lessor notifies Lessee of a rent increase, Lessee agrees to pay the increased Monthly Rate beginning with the next Monthly Payment date. All payments shall be made to the Lessor’s office or as set forth above.

III: The term of this Lease shall be for 2 months. The covenants and conditions contained in this Lease Agreement shall apply to every renewal period. This Lease shall automatically renew itself unless Lessee gives Lessor written notice of cancellation at least 15 days before the expiration of the preceding term. Each renewal period shall be one month in length. It is Lessee’s responsibility to ensure that Lessor has obtained the appropriate key release to retrieve the Equipment. Lessor will not charge a pick up fee if Lessee cancels the lease, Lessee is not in default, and Lessor picks up the Equipment in Lessee presence or with a key release approved by Lessee’s apartment manager. A pick up fee covering Lessor’s costs will be charged if Lessee is in default at the time the Equipment is repossessed or if an attempted pick up fails because Lessee did not arrange for a key release from the apartment manager. If the Equipment is lost or stolen, Lessee agrees to pay, in addition to all other amounts required by this agreement, the replacement value of the Equipment and all reasonable costs incurred by Lessor in collecting this amount.

IV: Lessee shall use the equipment in a careful and proper manner and shall comply with all applicable and regulations. Lessee agrees not to leave equipment unattended while in operation. Lessee agrees that the equipment will be returned to Lessor in the same appearance and condition as when received, ordinary wear and tear excepted. Lessee agrees to be liable for any damage to the equipment resulting from neglect. Lessor agrees to service the equipment during normal business hours at Lessor’s expense. Lessor reserves the right to remove and replace equipment.

V: If Lessee fails to perform any of the conditions or covenants of this lease, or removes or attempts to remove the equipment from the location designated in this lease, Lessor may terminate this lease and Lessee’s right to possession of the equipment, and immediately take possession of the equipment without demand on or notice to lessee. If Lessee does not respond to the Lessor’s demand to take possession of the equipment after termination of the lease by default, Lessee agrees to purchase the equipment at a replacement value determined by the Lessor including all applicable taxes and fees. Lessee is not purchasing the equipment no matter how long it is leased. Equipment must be returned to Lessor if lease is cancelled or in default. Lessee also agrees not to remove the Lessor sticker on the equipment showing that Lessor owns the equipment.

VI: During normal business hours, Lessor shall have the right to enter the premises where the equipment is located for the purpose of installing, inspecting, repairing or taking possession of the equipment. If Lessee is not home at the time of service, Lessee authorizes the management office or Landlord of the apartment community, home or dwelling where the equipment is located to provide keys to a representative of Lessor for the purpose of fulfilling the terms of this Lease.

VII: Lessee agrees that Lessee will not assign, mortgage, or pledge this Lease or any interest in it or subject the equipment, or make any alterations of or additions or improvements to the equipment, or permit its use by any person other than the Lessee without the prior written consent of the Lessor. Lessor may assign this Lease to any party without notice to Lessee.

VIII: Lessee agrees that the Lessor will not provide cash refunds for an account balance with a credit due of less than thirty-five dollars after the equipment has been returned to the Lessor. If the Lessee’s account has a credit balance when the account is closed by the Lessor, the Lessee may apply the balance to a new lease if the new lease is signed within 30 days of the account closure. If not applied to a new equipment lease for the Lessee within 30 days, the credit balance will be assigned to the Lessor.

IX: Lessee acknowledges that the equipment is of a size and capacity acceptable to the Lessee. Lessor has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the condition of the equipment, including express or implied warranty of merchantability, or it’s fitness for any particular purpose, or profitability of use or operation. Lessor shall not be liable to Lessee for any liability, loss, or damage caused directly or indirectly by the equipment, or the use thereof, by any inadequacy or defect, or by any incident in connection with the equipment, including but not limited to consequential damages.

X: Lessee may make Lessees payments by check, electronically on the Internet, or by automatic recurring debit or credit card transaction. If Lessee pays by check, to avoid a Late Fee, Lessees check must be received by Lessor at its home office no later than the due date. In addition to the Monthly Rate payment, Lessee agrees to pay the following fees: (a) a Delivery Fee for delivering and installing Lessees Equipment; (b) a Late Fee of $7.50 each month when a monthly rental payment has not been paid by the due date for each piece of Equipment rented (or $15 each month if Lessee has rented two pieces of Equipment or a stackable washer/dryer unit); (c) a Move Fee of $15 if Lessee moves to another unit in the same apartment community and Lessee want to continue renting the same Equipment, or $29 if Lessee moves to another apartment community served by Lessor and Lessee wants to continue renting the same Equipment; and (d) a Returned Check Fee of $25 if Lessee sends Lessor a check that is dishonored by the bank for any reason. All of the above fees are subject to applicable state law limitations, if any, and may be changed upon notice to Lessee. Lessee authorizes Lessor to collect the account balance from any prior method of payment if lease is past due including credit cards and ACH with Lessors from checking accounts used.

XI: If an event of default occurs, Lessor may exercise one or more of the following remedies: (a) cancel Lessees lease; (b) take possession of the Equipment with or without judicial process, but any non-judicial repossession in Lessees absence from Lessees apartment may only be pursued without breach of the peace in accordance with Paragraph 9 above; (c) recover any unpaid Monthly Rate payments owed through the date the Equipment is picked up by Lessor; (d) cancel the lease and collect unpaid Monthly Rate payments through the date of cancellation plus an amount equal to the original cost of the Equipment plus 10% of that amount if the Equipment has been lost, stolen, or cannot be picked up by Lessor; (d) recover all reasonable collection costs incurred by Lessor including reasonable fees paid to third party collectors and/or attorneys to the extent allowed by applicable Lessor; and/or (e) pursue any other rights or remedies allowed by applicable law. Lessee agree to pay all of Lessor’s expenses and costs of enforcing these Terms and Conditions, including reasonable attorney’s fees and expenses, as allowed by applicable law, whether or not a lawsuit is filed. Lessor reserves right to report Lessee to credit bureaus if Lessee do not pay all amounts owed by Lessee under these Terms and Conditions and Lessee hereby authorize Lessor to file such reports.

XII: Lessee and Lessor agree that any disputes between us, at the request of either party made at any time, including without limitation any claims, controversies or disputes that have already been initiated in any court or that could or would otherwise be subject to class actions (the “Dispute”), shall be subject to binding arbitration subject to the Federal Arbitration Act, common Lessor principles, the due process standards of the Consumer Due Process Protocol of the American Arbitration Association (“AAA”), and the terms of this section, unless otherwise agreed. Each Dispute shall be decided as an individual case, on its own merits, and no claims may be consolidated. Judgment upon any Lessor rendered in arbitration may be entered in any court having jurisdiction. Arbitration shall utilize only one arbitrator selected by the parties who shall be a licensed, practicing attorney who is knowledgeable in the subject matter of the Dispute. Each party agrees to pay half the arbitrator’s fee, but if Lessee can demonstrate that Lessee cannot afford the arbitrator’s fee, Lessor will pay the entire fee. ARBITRATION OF A DISPUTE SHALL BE MANDATORY FOR BOTH PARTIES UPON THE ELECTION BY EITHER PARTY TO ARBITRATE, REGARDLESS OF WHEN SUCH ELECTION IS MADE (INCLUDING ELECTIONS MADE AFTER THE INITIATION OF A LAW SUIT OR COUNTER-SUIT IN ANY COURT OR TRIBUNAL OF COMPETENT JURISDICTION). IF ARBITRATION IS SELECTED BY EITHER PARTY AT ANY TIME, THEN LESSEE AND Lessor AGREE THAT SUCH ELECTION WILL PRECLUDE EITHER PARTY FROM HAVING THE DISPUTE HEARD OR DECIDED BEFORE A JURY OR COURT OF LAW. Lessee may obtain information regarding the arbitration process, including basic distinctions.

XIII: KEY RELEASE AUTHORIZATION TO ENTER LESSEES LEASED APARTMENT, HOME, DWELLING OR BUSINESS. LESSEE AGREE TO ALLOW LESSOR, OR ITS AUTHORIZED AGENTS OR INDEPENDENT CONTRACTORS, ACCESS TO THE EQUIPMENT IN LESSEES LEASED APARTMENT, HOME, DWELLING OR BUSINESS FOR THE PURPOSE MAKING DELIVERY, REPAIR, MAINTENANCE, REPLACEMENT OR REMOVAL OF THE EQUIPMENT IN THE EVENT LESSEE IS NOT PHYSICALLY PRESENT IN LESSEES LEASED APARTMENT, HOME, DWELLING OR BUSINESS AT THE TIME OF DELIVERY, REPAIR, MAINTENANCE, REPLACEMENT OR REMOVAL OF THE EQUIPMENT. IN THE EVENT OF LESSEES DEFAULT, AND IF LESSEE FAIL TO CURE LESSEES DEFAULT AFTER TEN (10) DAYS WRITTEN NOTICE FROM LESSOR, LESSEE HEREBY AUTHORIZE AND DIRECT THE MANAGEMENT OF LESSEES  APARTMENT, HOME, DWELLING OR BUSINESS, ON LESSORS REQUEST, TO PROVIDE LESSOR OR ITS AGENTS OR INDEPENDENT CONTRACTORS WITH A KEY TO LESSEES APARTMENT, HOME, DWELLING OR BUSINESS, SO THAT LESSOR OR ITS AGENTS OR INDEPENDENT CONTRACTORS MAY, WITHOUT BREACH OF THE PEACE, ENTER LESSEES  APARTMENT, HOME, DWELLING OR BUSINESS, HOME, DWELLING OR BUSINESS IN LESSEES ABSENCE AND RETRIEVE THE EQUIPMENT. LESSEE AGREE TO INDEMNIFY AND HOLD LESSOR, ITS AGENTS AND INDEPENDENT CONTRACTORS, AND THE MANAGEMENT AND OWNERS OF LESSEES APARTMENT COMMUNITY, HARMLESS FROM ANY LIABILITY REGARDING ENTRY AND ACCESS TO LESSEES  APARTMENT, HOME, DWELLING OR BUSINESS IN RELIANCE ON THIS KEY RELEASE AUTHORIZATION FOR THE PURPOSE OF REMOVING THE EQUIPMENT AFTER LESSEES DEFAULT. LESSOR AGREES TO RETURN THE KEY TO LESSEES APARTMENT, HOME, DWELLING OR BUSINESS MANAGER OR LANLORD AFTER REMOVING THE EQUIPMENT.