{date}

This equipment rental agreement is between Denver Mac Repair, (the "Owner") and {clientName}, (the "Renter").

The Owner is the exclusive owner of {laptop}, (the "Equipment").

The Renter wishes to lease the Equipment from the Owner.

The parties agree as follows:

1. LEASE OF EQUIPMENT.

Effective as of the effective date {rentalStart}, the Owner shall lease and deliver to the Renter, and the Renter shall lease and accept delivery from the Owner, all of its interest in the Equipment.  This exhibit shall list such additional items of equipment, and shall be initialed or signed by both parties. That equipment will then be subject to the terms of this lease and considered "Equipment" for all purposes.

2. DELIVERY OF EQUIPMENT; SITE.

(a) Delivery. The Owner shall coordinate with the Renter to have the Equipment availible at 820 West 8th Avenue, Denver, Colorado 80204 (the "Site") on {rentalStart}.

3. RENT; SECURITY DEPOSIT.

(a) Timing. The Renter shall pay to the Owner, in advance, ${dailyRental} per day of rental term (the "Rent") to rent the Equipment, starting on {rentalStart}.  The agreed rental term as of this agreement is {rentalDays} days for a total of ${totalRental}, the rental term can be modified if mutually agreed to by the Owner and Renter.

(b) Security Deposit. Before taking possession of the Equipment, the Renter shall pay a security deposit to the Owner in the amount of ${deposit}, which shall be returned to the Renter at the end of the Term.
The Owner may deduct any amounts from this deposit required to repair or replace the Equipment, ordinary wear and tear excepted.

4. OWNERSHIP.

Except for the Renter's rights of use under this Lease, the Equipment is and will remain the exclusive personal property of the Owner, even if installed in or attached to real property by the Renter. Payment of the Rent does not give the Renter any equity interest in the Equipment. The Renter has no interest in the Equipment except as expressly set forth in this Lease.

5. CARE, USE, AND MAINTENANCE OF EQUIPMENT.

(a) The Renter shall keep the Equipment in good condition.

(b) The Renter and its employees shall use the Equipment carefully and properly, and in compliance with all federal, state, and local laws. Each item of Equipment is being leased for use in the conduct of the Renter's business.

(c) The Renter shall keep and use the Equipment in the ordinary course of its business.

(d) The Renter shall maintain in full force a service agreement with the Owner to satisfy its obligation to repair and maintain the Equipment.

(e) The Renter may not make any alterations or additions to the Equipment without the Owner's prior written consent excluding authorized software installation per this agreement.

(f) The Renter may not assign, sublease, or transfer the Equipment without the Owner's prior written consent.

6. EQUIPMENT WARRANTIES.

(a) THE OWNER HAS THE RIGHT TO LEASE THE EQUIPMENT, AS PROVIDED IN THIS LEASE, AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING TO THE DESIGN OR CONDITION OF THE EQUIPMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

(b) The Owner assigns to the Renter any assignable warranty, whether express or implied, affecting the Equipment.

7. LIABILITY FOR LOSS AND DAMAGE.

(a) Liability for Damage. If the Equipment is damaged, the Renter shall immediately notify the Owner of the damage, and pay for any repairs the Owner coordinates to get the Equipment to a state of good working order.

(b) Liability for Loss or Destruction. If the Equipment is lost, stolen, destroyed, or damaged beyond repair, the Renter shall notify the Owner promptly of that loss, theft, or destruction of the Equipment, or of any damage beyond repair to the Equipment and, at the Owner's option:

(i) replace the Equipment with like equipment in good working order; or

(ii) pay the Owner in cash all of the following:

A. all amounts owed by the Renter to the Owner under this lease on the date of the loss, theft, damage, or

destruction;

B. 100% of the actual cost of that Equipment

C. the unpaid balance of the total Rent for the Term attributable to that Equipment.

(c)Assignment of Interest. On receipt of this payment, the Owner shall assign to the Renter whatever interest the Owner has in the Equipment, without warranty, express or implied. For purposes of calculating amounts under subsection (b)(ii)(B), the actual cost of an item is its fair market value on the date of its loss, theft, damage, or destruction.

8. MODIFICATIONS AND SOFTWARE

(a) Renter agress to make no hardware modifications to the Equipment without prior consent of the Owner, including but not limited to compontent upgrades or replacements.

(b) The Owner will provide the most current verison of MacOS supported on {laptop} as stated in the configuartion below.  If client requires an alternate verison of MacOS request must be made to the Owner.  The Owner may grant request baring physical limtiations of Equipment or legal limitiations of MacOS.  Installation time of MacOS changes requested by renter may be considered rental time.  Renter is prohibited from installing an Operating System including but not limited to MacOS on the Equipment without permission of the Owner.

(c) The Owner grants the Renter the right to install legally licensed third party software on the Equipment excluding software that may damage or deminish the Owner's value of the Equipment.  The Renter is responible for installation and support of any software installed by the Renter.  It is the Renter's responsiblity to remove any installed license keys or registrations for third party software before returning Equipment to the Owner.

 

9. RENTERS DATA

(a) Denver Mac Repair is not responsible for the loss of any data. You are responsible for backing up your own data.

(b) Upon return of Equipment, Owner will securely erase the data contents of the Equipment.  Our technicians will not browse through the hard drive looking at your personal data; however, they may inadvertently see data during the course of their work.

(c) Owner is not responsible for the privacy of data stored on Equipment by Renter and strongly recommends that Renter store personal data on an external storage device during the course of the rental term.

10. TERM; TERMINATION.

(a) Term. The rental term (the "Term") shall be for a period of {rentalDays} days, starting on the later of the following:

(i) the Effective Date {rentalStart}; or

(ii) the date the Renter receives the Equipment, as acknowledged in writing by the Renter to the Owner, a copy of which shall be attached to this agreement.

11. TERM; TERMINATION.

(a) Term. The rental term (the "Term") shall be for a period of 1 months, starting on the later of the following:

(i) the Effective Date; or

(ii) the date the Renter receives the Equipment, as acknowledged in writing by the Renter to the Owner, a copy of which shall be attached to this agreement.

12. GOVERNING LAW.

(a) Choice of Law. The laws of the state of Colorado govern this agreement (without giving effect to its conflicts of law principles).

(b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in Denver, Colorado.

13. AMENDMENTS.

No amendment to this agreement will be effective unless it is in writing and signed by a party or its authorized representative.

14. ASSIGNMENT AND DELEGATION.

(a) No Assignment. Neither party may assign any of its rights under this agreement, except with the prior written consent of the other party. All voluntary assignments of rights are limited by this subsection.

(b) No Delegation. Neither party may delegate any performance under this agreement, except with the prior written consent of the other party.

(c) Enforceability of an Assignment or Delegation. If a purported assignment or purported delegation is
made in violation of this section, it is void.

15. COUNTERPARTS; ELECTRONIC SIGNATURES.

(a) Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.

(b) Electronic Signatures. This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

16. SEVERABILITY.

If any one or more of the provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable.

18. NOTICES.

(a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, SMS, or email.

(b) Addresses. A party shall address notices under this section to a party at the following addresses:

If to the Owner:
Denver Mac Repair
820 West 8th Avenue
Denver, Colorado 80204

If to the Renter:

{clientName}

{clientAddress}

 

 (d) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) .

19. WAIVER.

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

20. ENTIRE AGREEMENT.

This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.

21. HEADINGS.

The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement's construction or interpretation.

22. EFFECTIVENESS.

This agreement will become effective when Renter has signed it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.

23. NECESSARY ACTS; FURTHER ASSURANCES.

Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement, including signing any documents for purposes of recording or filing to protect the interest of the Owner in the Equipment.

Renter is signing this agreement on the date stated below that Renter signature.

{clientName}           {date}

 

Rental Term: {rentalStart} until {rentalEnd}, {rentalDays}

Due Today: ${totalAt}.

Refundable upon completion of rental per completion of agreements above: ${deposit}