Equipment Ownership

Equipment identified above is provided in good working order and shall remain the property of the Lessor at all times.

Month-to-Month Agreement

This Agreement is a month-to-month rental agreement and shall continue until terminated in accordance with the terms set forth herein.

Rent and Automatic Billing

The Lessee agrees to lease the equipment for {theMonthly82}, as agreed upon in advance prior to execution of this Agreement.

Rent is charged automatically in advance through Stripe using the payment method provided by the Lessee. The first payment is due on the lease start date, with subsequent payments billed monthly thereafter.

In the event of equipment malfunction not caused by misuse, negligence, or damage by the Lessee, the Lessor will make commercially reasonable efforts to inspect and repair or replace the equipment in a timely manner after being made aware of the issue.

While the Lessor intends to address issues as promptly as reasonably possible, the Lessee acknowledges that repairs or replacement may require scheduling availability, parts procurement, or other logistical considerations. The Lessor shall have up to thirty (30) calendar days from the date the Lessor is made aware of the issue to complete repair or replacement before such delay may be considered a breach of this Agreement.

Delays caused by circumstances beyond the Lessor’s control, including but not limited to parts availability, supply chain issues, illness, travel, or scheduling constraints, shall not constitute a default under this Agreement.

Payment Processing

Payments shall be processed automatically each month through Stripe beginning on the lease start date using the payment method provided by the Lessee.

If a payment fails, the Lessee shall have seven (7) calendar days to provide an alternative payment method and bring the account current.

Late Payment & Fees

If payment is not received within seven (7) days of the due date, a $50.00 late fee will be assessed.

Failure to pay within fourteen (14) days of the due date shall constitute a default under this Agreement.

Billing Communications & SMS Notifications

The Lessor may communicate with the Lessee regarding billing, payments, account status, and lease-related matters through text messages (SMS), phone calls, and email, using the contact information provided by the Lessee.

These communications may include, but are not limited to, payment reminders, failed or upcoming payment notifications, late payment notices, and billing confirmations or account updates.

Message frequency may vary. Standard message and data rates may apply depending on the Lessee’s mobile carrier.

The Lessee understands that SMS messages are used for transactional and service-related purposes only and will not include marketing or promotional content.

The Lessee may opt out of SMS communications at any time by replying STOP to any text message or by contacting the Lessor directly. Opting out of SMS messages does not relieve the Lessee of any payment obligations or responsibilities under this Agreement.

The Lessee agrees to provide and maintain accurate contact information and acknowledges that the Lessor is not responsible for missed notices due to outdated or incorrect contact information.

Delivery, Installation, and Removal

The Lessor shall deliver and install the equipment at the Lessee’s premises. At the end of the lease, the Lessor shall retrieve the equipment.

The Lessee shall provide reasonable access for delivery, maintenance, inspection, and removal of the equipment. Failure to provide reasonable access after reasonable or attempted notice shall constitute a default under this Agreement.

Installation & Property Damage Liability

The Lessor will use reasonable care when delivering, installing, and removing the equipment. However, the Lessee acknowledges that moving and installing large appliances involves inherent risk of damage to floors, walls, plumbing, or electrical systems.

The Lessee agrees that the Lessor shall not be responsible for damage to the Lessee’s property arising out of the delivery, installation, use, or removal of the equipment, except in cases of the Lessor’s gross negligence or willful misconduct.

Use of Equipment

The equipment is for residential use only and shall not be subleased, relocated to another property, or used for commercial purposes without the prior written consent of the Lessor.

The Lessee agrees to use the equipment in a safe and proper manner and in accordance with manufacturer guidelines.

Liability

The Lessee is responsible for ensuring the safe and proper use of the equipment at all times. The Lessor shall not be liable for any damages, injuries, or losses caused by improper use, misuse, or negligence of the Lessee or any third party.

The Lessor shall not be liable for flood, fire, water damage, or any other damages resulting from the use, malfunction, or failure of the equipment, except in cases of the Lessor’s gross negligence or willful misconduct.

Risk of Loss

The Lessee assumes all risk of loss, theft, or damage to the equipment while it is in the Lessee’s possession, custody, or control, except for damage caused by normal wear and tear.

In the event of loss, theft, or destruction of the equipment, the Lessee shall be responsible for the full replacement cost of the equipment. This provision does not relieve the Lessee of responsibility for damage caused to the premises by the equipment or its use.

Termination – Notice of Termination

Either party may terminate this Agreement with a minimum of three (3) weeks’ written notice.

Written notice under this Agreement shall mean notice provided in writing by text message or email only, sent to the contact information provided by the receiving party. Verbal notice, voicemail, or notice given to third parties shall not constitute written notice.

If the Lessee fails to provide the required three (3) weeks’ notice prior to termination, a cancellation fee equal to one (1) month’s rental charge will be assessed and charged to the payment method on file.

Early Termination by Lessor

The Lessor reserves the right to terminate this Agreement and retrieve the equipment at any time for business or operational reasons, provided such termination is not due to a default by the Lessee.

If the Lessor retrieves the equipment without cause for default, any unused prepaid rent shall be prorated and refunded based on the effective termination date.

If termination or retrieval occurs due to Lessee default, no refund or proration of rent shall be owed.

Default & Remedies

In the event of default, including but not limited to failure to pay rent when due, failure to provide required notice, misuse of the equipment, or failure to provide reasonable access, the Lessor may terminate this Agreement immediately, schedule reasonable access to the Lessee’s premises, and repossess the equipment without liability, provided such repossession is conducted in a reasonable manner.

Termination for default does not relieve the Lessee of liability for unpaid rent, late fees, cancellation fees, or damages.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona.

Entire Agreement

This Agreement constitutes the entire understanding between the parties and may not be modified except in writing signed by both parties.