Lease Agreement
By leasing one of our products you are agreeing to the following.
LEASE TERM:
1 month beginning on delivery date
LEASE PAYMENTS:
$500 per month paid in advance
LATE CHARGES:
If any amount under this Agreement is more than 5 days late, Lessee agrees to pay a late fee of $150.
DELIVERY:
Therapeutic Articulations will ship the equipment to the Lessee and provide a return shipping label if the lease is terminated.
DEFAULTS:
If Lessee fails to make a monthly payment, the equipment must be returned within 5 business days or be liable for a full month lease payment. Subsequent monthly payments will be required until the equipment is returned.
POSSESSION AND SURRENDER OF EQUIPMENT:
Lessee shall be entitled to possession of the equipment on the first day of the Lease Term. At the expiration of the Lease Term, Lessee shall surrender the equipment to Lessor by delivering the equipment to Lessor or Lessor’s agent in good condition and working order, ordinary wear and tear excepted, as it was at the commencement of the Agreement.
USE OF EQUIPMENT:
Lessee shall only use the equipment in a careful and proper manner and will comply with all laws, rules, ordinances, statutes and orders regarding the use, maintenance of storage of the Equipment.
MAINTENANCE, DAMAGE AND LOSS:
Lessee will, at Lessee's sole expense, keep and maintain the Equipment clean and in good working order and repair during the Lease Term. In the event the Equipment is lost or damaged beyond repair, Lessee shall pay to Lessor the replacement cost of the Equipment.
OWNERSHIP:
The Equipment is and shall remain the exclusive property of Lessor.
SEVERABILITY:
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
ASSIGNMENT:
Neither this Agreement nor Lessee’s rights hereunder are assignable except with Lessor’s prior, written consent.
BINDING EFFECT:
The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania.
NOTICE:
Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service. Either party may change such addresses from time to time by providing notice as set forth above.
ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Lessor and Lessee.
CUMULATIVE RIGHTS:
Lessor’s and Lessee’s rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
WAIVER:
The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
INDEMNIFICATION:
Lessee will indemnify and hold Lessor and Lessor’s property, free and harmless from any liability for losses, claims, injury to or death of any person, including Lessee, or for damage to property arising from Lessee using and possessing the Equipment or from the acts or omissions of any person or persons, including Lessee, using or possessing the Equipment with Lessee’s express or implied consent.