Terms and Conditions

Lease Terms:

THIS IS A LEASE AGREEMENT ONLY.

LESSEE acquires no title or other ownership interest in the personal property LEASED under this LEASE Agreement.

Payment Due Date: The Lessee’s full monthly payment is due in advance on the 1st of each month and is made up of base rent, taxes, and other charges. Lessee understands that Owner will not refund or credit any payment based on use of the leased property and Lessee is obligated for the entire month, should the Lessee terminate after the 1^st of the month. A Late payment fee of $15.00 will be applied when a full monthly payment is not received within 10 days of its due date.  Additionally, the Lessee will be subject to a monthly interest charge of 1.5% (unless restricted by law) on all balances over 30 days past due. These fees and charges shall be in addition to all other remedies available to Owner in the event you fail to keep your account current.  Furthermore, checks returned for any reason are subject to a $30.00 returned check charge.  You agree to pay any and all sales and use tax on the property. 

Additional transportation charge: If, through no fault of the Owner, any additional pick-ups or deliveries trips must be made to complete this transaction, Lessee agrees to pay additional transportation charges of $275.00 plus $5.00 per mile for each additional trip. All additional transportation charges are at the discretion of the Owner.

OTHER CHARGES: Lessee shall be responsible for all charges billed to Lessee by Owner for any requested swapping of furniture, rescheduling, moves, cable waits, lock boxes, maid service or any other Lessee request.                  

TITLE AND TERM: Title and ownership remains at all times with the Owner. This Lease Agreement is not a conditional sale or financing agreement.  The Lessee receives use and possession of the property for the initial term and for additional monthly terms so long as all rental payments are made on or before the date due and Lessee complies fully with all agreements and conditions hereof and unless this agreement is terminated as provided herein.  Owner will not refund any rental payments or other charges paid in advance or for any unused term or portion of a lease term.  This is a lease agreement only and has no ownership option.  By signing this rental agreement, Lessee is obligated for payment of rents during the initial term of this lease agreement.  At the expiration of the initial term, Lessee may elect to renew on a month-to-month basis on any monthly an­niversary of the initial due date stated in Paragraph 2 above by making the Total Monthly Lease Payment stated in paragraph 3 above. 

Condition of Property: Lessee acknowledges receipt of said property in satisfactory operating condition. The property is not represented to be new property.

Early Termination by LESSEE: This lease does not allow for any early termination. Lessee shall be responsible for the entire initial lease term.   

TERMINATION BY LESSEE After initial Term: At any time after the initial term, Lessee at his/her/its option may terminate this agreement by return of property to Owner in its present condition, normal wear and tear excepted, and by payment of all rental payments due through the date of return. In order to arrange for an orderly close out of this lease and pick up of the property, Lessee must give Owner at least fifteen (15) days written notice prior to any termination of this lease.  Failure to provide such notice will result in an additional charge equal to one month’s rent and forfeiture of security deposit.

TERMINATION BY OWNER: This agreement may be terminated by Owner upon 5 days notice to Lessee.

LOCATION OF PROPERTY: Lessee represents and agrees that he will keep said property in her/his/its possession at the residence address above and will not remove said property from said address without agreement in writing executed by the Owner.

RISK OF LOSS: Lessee hereby assumes and agrees to bear the entire risk of loss and damage to the Property from any cause whatsoever. No loss or damage to the Property or any part thereof shall impair or lessen any of Lessee’s obligations under this Lease Agreement, which shall continue in full force and effect.

In the event of loss or damage of any kind whatever to the Property, the Lessee shall pay the Owner in cash the replacement value of the property as liquidated damages. Additionally, If the Property is stolen, destroyed, has bed bugs or damaged beyond repair, pay the Owner in cash the Replacement Value of the Property as liquidated damages. Replacement Value of Property is 10 (ten) times the monthly rental fee per item leased.  In the event of complete loss, the Replacement Value of Property is 10 (ten) times the Total Monthly Rental Payment stated on the Lease Agreement.

INSURANCE: Owner carries no insurance on the above Property. Lessee agrees that she/he/it has been informed of her/his/its obligation to obtain casualty and liability insurance for the Property or the Lessee will be fully responsible for all damages to Property.  

Responsibilities for maintaining the property; DAMAGES: Lessee is responsible for maintaining the property in good condition, subject to ordinary wear, and for any damage, loss or destruction not covered by your insurance policy. In the event of damage or loss not covered by your insurance policy, Owner will charge Lessee its costs of replacing or repairing the Property, including materials, parts and labor. IF LESSEE FAILS TO RETURN THE PROPERTY AS REQUIRED, LESSEE WILL BE LIABLE TO OWNER FOR AN AMOUNT UP TO THE REPLACEMENT COST OF THE PROPERTY PLUS HANDLING FEES IN ADDITION TO ALL OTHER PAYMENTS AND CHARGES DUE UNDER THIS LEASE AGREMENT

Security Deposit: Owner may require Lessee to deposit with Owner a security deposit for the full execution of this Lease Agreement. If a security deposit was required, security deposit will be refunded to Lessee upon return of the property minus: an amount equal to any damage or loss to the property not covered by Lessee’s insurance; any outstanding balance on the account; and any other charges due and owing from any failure by Lessee to meet the provisions of this Lease Agreement.  Lessee shall remain liable for any amounts Lessee owes in excess of the security deposit.  Lessee may not apply the security deposit to any payment owed under the Lease Agreement. Upon termination of the Lease Agreement, it is Lessee’s obligation to provide Owner with a forwarding address so that any funds due to Lessee may be properly refunded.  Owner shall have up to forty-five (45) days to refund any monies owed to Lessee after termination of this Lease Agreement.  Funds will be paid by check to the address provided under this paragraph.

TRANSFER: This Lease Agreement may be sold, transferred and assigned, including without limitation, the creation of a security interest, by Owner without restriction.

Lessee has no rights to sell, assign, sublease, create a security interest IN or otherwise transfer, including, without limitation, ANY involuntary transfer by enforcement of a security interest, attachment, levy or other judicial process his/her/ITS rights herein without the written consent of Owner.  In the event of any such voluntary or involuntary transfer, OWNER, in addition to its other rights and remedies for such default, shall have the right to cancel this Lease Agreement.  Subject to the foregoing, this Lease Agreement inures to the benefit of, and is binding upon the heirs, representatives, successors and assigns of the parties hereto.

MAINTENANCE: Owner will maintain or service leased property while Lessee is renting the property except Owner will not maintain or service the leased property if Lessee has neglected the property or there is damage to the property other than normal wear and tear. Owner will not be responsible for any costs of any repairs done at the request of the Lessee performed by others.

DAMAGE TO PERSON OR PROPERTY/INDEMNITY: Lessee understands that Owner will not be responsible for any loss or damage to any person or other property arising out of the use of the Property. Lessee shall indemnify Owner against, and hold Owner harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including reasonable attorneys’ fees, arising out of, connected with, or resulting from the Property, including, without limitation, the manufacture, selection, delivery, possession, use, operation, or return of the Property.

TAXES: Lessee shall keep the Property free and clear of all levies, liens, and encumbrances and shall pay all license fees, registration fees, assessments, charges, and taxes (municipal, state and federal) that may now or hereafter be imposed upon the ownership, leasing, renting, sale, possession, or use of the Property, excluding, however, all taxes on or measured by Owner’s income.

LESSOR’S PAYMENT:  In the event of the Lessee’s failure to procure or maintain insurance as aforesaid, or to pay said fees, assessments, charges, and taxes as aforesaid, Owner shall have the right, but not the duty, to obtain such insurance, or pay such

fees, assessments, charges, and taxes, as the case may be.  In any such event, the cost thereof, including reasonable attorneys’ fees, shall be repayable to Owner with the next installment of rent, and failure to repay the same shall carry with it the same consequence, including interest at ten percent (10%) per annum, as failure to pay any installment of rent.

LESSEE HAS NO RIGHT TO SELL, MORTGAGE, PAWN, PLEDGE, ENCUMBER OR DISPOSE OF THE PROPERTY OR TO MOVE SAID PROPERTY FROM THE ADDRESS LISTED ABOVE. TO DO SO IS A BREACH OF THIS LEASE AGREEMENT.

DEFAULT: Lessee shall be in default of this Lease Agreement upon: the failure of Lessee to make each and every rental payment required herein on or before the date due; moving said property to another address without securing prior agreement in writing from Owner; after the initial term of this Lease Agreement by retaining possession of the Property and failing to make the total monthly rental payment required under the month-to-month provisions of paragraph 7; or by breach of any other term or condition of this Lease Agreement.  In the event of default, Owner shall have the right to immediate possession of the Property.  Lessee shall immediately return the Property to owner in its present condition.  Lessee shall remain liable for all rental payments hereunder to the date of return of the Property and for any damage to the Property beyond normal wear and tear.  In addition to the foregoing, Owner may pursue any other remedy at law or equity, including, without limitation, those provided for in the Uniform Commercial Code, as adopted in the State of Colorado.  All such remedies are cumulative and may be exercised concurrently or separately.  Lessee shall pay Owner all costs and expenses, reasonable attorney’s fees and court costs incurred by Owner in enforcing any provision of this Lease Agreement or in exercising any of Owner’s rights and remedies hereunder.

Entire Agreement: This Lease Agreement contains the entire, final, complete and exclusive agreement between Lessee and Owner. There are no oral agreements, warranties or other terms or conditions of this Lease Agreement that are not contained herein. Lessee acknowledges that, in entering into this Lease Agreement, she/he/it has not relied on any statement or promise concerning the Property or the Lease Agreement that is not set forth in this Lease Agreement and that no other statement or promise concerning the Property, and no description of same, or models of the Property, has been made a part of the basis for this Lease Agreement.  Lessee acknowledges that, prior to its execution of this Lease Agreement by Lessee, she/he/it has read this Lease Agreement completely and understands and agrees to its terms.  This Lease Agreement may be modified, altered, or amended only by agreement in writing executed by the Owner and Lessee. Furthermore, Lessee acknowledges that she/he/it has received a copy of this Lease Agreement and will refer to it as necessary in her/his use of the Property. This Lease Agreement shall become effective upon the satisfactory approval of the lease application and the signature by Owner’s authorized representative.

Joint and Several: In the event more than one person is the Lessee under the terms of this agreement, then each person shall be jointly and severally liable for Lessee’s obligations under this Lease Agreement.

NON-Waiver: Any failure by Owner to require full performance by Lessee of the Lease Agreement or any term or condition of the Lease Agreement shall not affect the right of Owner to demand such performance in the future.

Warranties: It is understood that Owner is not the manufacturer of the property rented under this lease AGREEMENT. Owner specifically disclaims any and all implied warranties. The Property is leased as is.  Owner disclaims any implied warranty that the Property will be fit for a particular purpose and disclaims any implied warranty of merchantability.   

TIME IS OF THE ESSENCE IN THIS AGREEMENT

Governing Law/Venue. This Lease Agreement shall be governed and controlled as to interpretation, enforcement, validity, construction, effect and in all other respects by the internal laws, statutes and decisions, and not the laws of conflicts, of the State of Colorado. All actions or proceedings arising directly, indirectly or otherwise in connection with this Lease Agreement shall be litigated, at Owner’s sole election, only in El Paso County, Colorado, or in courts having a situs within the county and state where the Property is located, in any jurisdiction in which the Lessee (or any individual or entity comprising the Lessee) or any guarantor may reside or hold assets, or in any one or more of the foregoing jurisdictions.  The undersigned hereby consents and submits to the jurisdiction of any such state or federal court selected by Owner, and hereby waives any right to transfer or change the venue of any litigation brought hereunder.

EXECUTION AND DELIVERY: This Lease Agreement may be executed in any number of counterparts and by different parties in separate counterparts, each of which when executed and delivered will be deemed to be an original, and all counterparts taken together will constitute one and the same document.  As an alternative to physical delivery, this Lease Agreement, including counterparts of this Lease Agreement, may be delivered in electronic form, including facsimile and e-mail delivery.