Fireside+Rental+Agreement+-+Kyocera.pdf

This Rental Agreement (“Agreement") has been written in “Plain English." When we use the words Customer, you and your in this Agreement, we mean the Customer indicated below.

When we use the words we, us, our and Fireside, we mean Fireside Office Solutions.

CUSTOMER INFORMATION

Customer Name: Application #:

Billing Street Address/City/State/Zip: Agreement #:

Equipment Location: (If Different from Above): Customer Phone#: Customer#:

State in which customer was organized: State Organizational ID: Tax Id#:

SUPPLIER INFORMATION

Supplier Name: Fireside Office Solutions I Street Address/City/Zip: 1713 E Bismarck Expressway Bismarck, ND 58504 I Phone#: (701)258-8586

EQUIPMENT DESCRIPTION

Make/Model Serial #

Monthly Copy Allowance* Black Color Level 1 Color Level 2&3

Overage Rate Per Copy** Black Color Level 1 Color Level 2&3

TERM AND

PAYMENT

SCHEDULE

Initial Term: [No.] Months Monthly Minimum Payment: $ (Plus Taxes)

**INCLUDED IN MONTHLY MINIMUM PAYMENT - NOT SUBJECT TO ADJUSTMENT FOR OVER OR UNDER USAGE.

**OVERAGE BILLING FREQUENCY MONTHLY ☐ QUARTERLY ☐ SEMI ANNUAL ☐ ANNUAL ☐

1) One-time Documentation Fee $50.00

ADDITIONAL TERMS

TERMS AND CONDITIONS

BY SIGNING THIS AGREEMENT YOU ACKNOWLEDGE AND AGREE THAT: (i) YOU HAVE READ AND UNDERSTAND THE TERMS ON THE FRONT AND SECOND PAGE OF THIS AGREEMENT, (ii) YOU WILL USE THE EQUIPMENT ONLY FOR BUSINESS PURPOSES AND WILL NOT TAKE THE EQUIPMENT OUT OF SERVICE AND HAVE A THIRD PARTY PAY (OR PROVIDE FUNDS TO PAY) THE AMOUNTS DUE HEREUNDER, AND (iii) THE PERSON SIGNING THIS AGREEMENT FOR YOU HAS THE

AUTHORITY TO DO SO.

Fireside Office Solutions Customer: [Enter Customer]

X

Authorized Signature

Print Name & Title:

Date:

X

Authorized Signature

Print Name & Title:

E-mail Address: Date:.

ACCEPTANCE OF DELIVERY

X X

Customer Authorized Signature/ Date Fireside Representative Authorized Signature / Date

Print Name: Print Name:

ND State Contract # 131 NASPO # 189398

RENTAL AGREEMENT

The Fireside Leasing Copy Agreement (the “Agreement”) is subject to NASPO Master Agreement #189398 and North Dakota Participating Addendum #131- Kyocera Terms and Conditions, as further modified by the following additional terms and conditions…”

1. AGREEMENT. You agree to lease the equipment and other property described on the front of this Agreement and any schedule attached hereto (“Equipment") on the terms and conditions of this Agreement. Upon delivery and installation of the Equipment you agree to confirm to us in writing or by telephone verification your unconditional acceptance of the Equipment for purposes of this Agreement. You authorize us to fill in the Commencement Date, Serial Numbers, and other information. The term of this Agreement shall commence on the date the Equipment is delivered to you unless otherwise mutually agreed upon between you and us (“Commencement Date").

The first Monthly Minimum Payment shall be due on the date we specify in the month following the Commencement Date (each, a “Payment Due Date"), as set forth in our invoice and the remaining Monthly Minimum payments will be due on the same day of each subsequent month until paid in full.

“Overage Charges shall be invoiced on frequency specified in the Term and Payment Schedule and shall be due as specified in the invoice. You will make all payments required under this Agreement to us at such address as we may specify in writing. We do not accept credit cards for payment.

Amounts which are not paid within 30 days of the date when due shall accrue interest at the lesser of 1.5% per month or the maximum legal rate from such 30th day until paid in full. You authorize us to adjust the Monthly Minimum payment by not more than 15% if the actual Total Cash Price (which is all amounts we have paid in connection with the purchase, delivery and installation of the Equipment, including any trade-up and buyout amounts) differs from the estimated Total Cash Price. If you are tax- exempt, you agree to furnish us with satisfactory evidence of your exemption.

2. EQUIPMENT USE AND RETURN. You will keep and use the Equipment at the Equipment Location shown on the first page of this Agreement You may not move the Equipment without our prior written consent. At your own cost and expense, you will keep the Equipment eligible for any manufacturer’s certification, in compliance with all applicable laws and in good condition, except for ordinary wear and tear. You will not make any alterations, additions or replacements to the Equipment without our prior written consent. All alterations, additions and replacements will become part of the Equipment and our property at no cost or expense to us. We may inspect the Equipment at any reasonable time. Unless you notify us in writing at least 90 days (but not more than 150 days) prior to the expiration of the Agreement, of your intention to return the Equipment to us or to exercise the purchase option indicated above. To return the Equipment to us, it must be returned to the location that we designate by the last day of the term. Your obligation to pay rent will continue until the Equipment is returned to our designated return location.

3. RISK OF LOSS AND INSURANCE. From the time the Equipment is ordered until it is returned in the required condition or purchased by you (“Risk Period”), you are responsible for all risk of loss or damage to the Equipment. The Lessee shall pay for any repairs or replacements made necessary by Lessee’s negligent act.

4. TITLE; RECORDING. We are the owner of the Equipment and hold title to the Equipment

(excluding items of Equipment which are licensed software and products).

You will keep the Equipment free of all liens and encumbrances.

5. DEFAULT. If you or any guarantor: (i) do not pay the Monthly Minimum Payment or any other amount payable to us within thirty (30) days of its due date, (ii) breach any of the terms or conditions of this Agreement, any guaranty or license relating to the Equipment (iii) If you default, we may in our sole discretion require you to do any one or combination of the following: (a) immediately pay all amounts then due (b) promptly return all of the Equipment; (c) allow us to peaceably repossess the Equipment; or (d) use any and all remedies available to us under the Uniform Commercial Code or any other applicable law. We may apply any security deposits to your obligations under this Agreement. Upon termination, if you are not in default, any security deposit will be refunded without interest. If we take possession of the Equipment, we may sell or otherwise dispose of it with or without notice, at a public or private sale, and apply the net proceeds (after we have deducted all costs related to the sale or disposition of the Equipment) to the amounts that you owe us. You remain responsible for any amounts that are due after we have applied such net proceeds.

6. SOFTWARE/DATA. Except as provided in this paragraph, references to “Equipment" include any software referenced above or installed on the Equipment. Lessor does not own the software and cannot transfer any interest in it to Lessee. Lessor is not responsible for the software or the obligations of Lessee or the licensor under any license agreement. Lessee is solely responsible for protecting and removing any confidential data/images stored on the Equipment prior to its return for any reason.

7. ASSIGNMENT. YOU MAY NOT ASSIGN, SELL, TRANSFER OR SUBLEASE THE

EQUIPMENT OR YOUR INTEREST IN THIS AGREEMENT. We may not assign or otherwise transfer or delegate any right or duty without Your express written consent, provides, however, that We may assign its rights and obligations hereunder in the event of a chance of control or sale of all or substantially all of its assets related to this Agreement, whether by merger, reorganization, operation of law or otherwise. Should Assignee be a business or entity with whom You are prohibited from conduction business, You shall have the right to terminate without cause.

8. NO WARRANTIES. Lessor is leasing the Equipment to Lessee in an “AS-IS" CONDITION.

LESSEE ACNOWLEDGES THAT LESSOR DOES NOT MANUFACTURE THE EQUIPMENT,

LESSOR DOES NOT REPRESENT THE MANUFACTURER OR THE SUPPLIER, AND LESSEE

HAS SELECTED THE EQUIPMENT AND SUPPLIER BASED UPON LESSEE’S OWN

JUDGEMENT. LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND LESSOR

HEREBY DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED WARRANTY OF

MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR

PURPOSE. LESSEE AGREES THAT NEITHER SUPPLIER NOR ANY SALESPERSON,

EMPLOYEE OR AGENT OF SUPPLIER IS LESSOR’S AGENT OR HAS ANY AUTHORITY TO

SPEAK FOR LESSOR OR TO BIND LESSOR IN ANY WAY.

9. MISCELLANEOUS. You agree that the terms and conditions contained in this Agreement make up the entire agreement between you and us regarding the lease of the Equipment. This Agreement is not binding on either party until signed. Any change in any of the terms and conditions of this Agreement must be in writing and signed by both parties. You agree, however, that we are authorized, without notice to you, to supply missing information or correct obvious errors in this Agreement. If we delay or fail to enforce any of our rights under this Agreement, we will still be entitled to enforce those rights at a later time. All of our rights and indemnities will survive the termination of this Agreement. It is the express intent of the parties not to violate any applicable usury maturity laws, and any excess interest or payment will be applied to payments in inverse order of maturity, and any remaining excess will be refunded to you. If you do not perform any of your obligations under this Agreement, we have the right, but not the obligation, to take any action or pay any amounts that we believe are necessary to protect our interests. A photocopy, printed electronic image or facsimile of this Agreement and/or any related document that includes copies of the signatures of the parties hereto shall be legally admissible under the “best evidence” or other similar rule of evidence and shall be treated as an original document and proof of the agreement between the parties.