Personal Property Lease Consumer Electronics, Home Appliances
and Accessories with Option to Purchase
Lease agreement made on the _____________________ (date) , between
_____________________________ (Name of Lessee) of _____________________________
_____________________________________ (street address, city, county, state, zip code) ,
referred to herein as Lessee , and __________________________ (Name of Lessor) , a
corporation organized and existing under the laws of the state of _________________, with its
principal office located at ________________________________________________________
______________ (street address, city, county, state, zip code) , referred to herein as Lessor .
1. Property Leased
Lessor Leases to Lessee , and Lessee hires from Lessor , the following described
Property (hereinafter called Property ):
(Describe Consumer Electronics, Home Appliances and/or
Accessories being Lease d)
____________________________________________________________________________
____________________________________________________________________________
2. Term
The term of this Lease shall be for a period beginning ___________________ (date) ,
and ____________________ (date) .
3. Rent
In consideration for the leasing of the above-described Property , Lessee agrees to pay
to Lessor , as rent for such Property , the total sum of $_____________, payable in monthly
installments as follows: $_____________ on the ______ day of each month during the term of
this Lease, with the first payment being due on ____________________ (date) . Any past due
payment of rent will bear interest at the rate of ______% per year. All payments will be made at
the principal place of business of Lessor at __________________________________________
___________________________ (street address, city, county, state, zip code) , or such
other place as shall be designated by written notice from Lessor to Lessee , unless Lessor shall
assign this Lease or the right to receive the rentals under the Lease, in which case rentals shall
be paid to Lessor 's assignee, if any, after written notice of such assignment has been given to
Lessee by Lessor .
4. Use
Lessee shall use the Property leased in a careful and proper manner and shall comply
with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the
Property . If at any time during the term of this Lease Lessor supplies Lessee with labels, plates,
or other markings stating that the Property is owned by Lessor , Lessee shall affix and keep
them in a prominent place on the Property .
5. Inspection by Lessee
Lessee shall inspect the Property within ______hours after receipt of such Property .
Unless Lessee within such period of time gives written notice to Lessor specifying any defect in
or other proper objection to the Property , Lessee agrees that it shall be conclusively presumed,
as between Lessor and Lessee , that Lessee has fully inspected and acknowledged that the
Property is in good condition and repair, and that Lessee is satisfied with and has accepted the
Property in such good condition and repair.
6. Inspection by Lessor
Lessor shall at all times during business hours have the right to enter on the premises
where the Property may be located for the purpose of inspecting it or observing its use. Lessee
shall give Lessor immediate notice of any attachment or other judicial process affecting any
item(s) leased and shall, whenever requested by Lessor , advise Lessor of the exact location of
the item(s).
7. Alterations
Lessee agrees that it will make no alterations in the Property without obtaining prior
written permission from Lessor . Any additions to, and improvements of, the Property of any kind
shall immediately become the Property of the Lessor and subject to the terms of this Lease.
8. Maintenance and Repair
Lessee , at its own cost and expense, shall keep the Property in good repair, condition,
and working order, and shall furnish all parts required to keep it in good working order. Lessee
shall not remove, alter, disfigure, or cover up any numbering, lettering, or insignia displayed
upon the Property , and shall see that the Property is not subjected to careless or needlessly
rough usage.
9. Loss and Damage
Lessee assumes all risk of loss of and damage to the Property from any cause. No loss
or damage to the Property shall impair any obligation of Lessee under this Lease, which shall
continue in full force and effect. In the event of loss of or damage to the Property , Lessee at the
option of Lessor shall:
A. Place the Property in good repair;
B. Replace the Property with like Property in good repair, which Property shall then
become subject to this Lease; or
C. Pay Lessor in cash the Stipulated Loss Value as set forth in Exhibit A or as in
any subsequent schedules which may be made a part of this Lease. Upon such payment
this Lease shall terminate with respect to the Property so paid for and Lessee then shall
become entitled to the Property , as the owner of such Property .
10. Return of Leased Property
On expiration or earlier termination of this Lease, with respect to the Property , Lessee
shall (unless Lessee has paid Lessor in cash the Stipulated Loss Value of the Property pursuant
to Section 9 above) return the Property to Lessor in good repair, ordinary wear and tear
resulting from proper use of such Property alone excepted, in the following manner as may be
specified by Lessor :
A. By delivering Property at Lessee 's expense to such place as Lessor shall specify
within the county in which the Property was delivered to Lessee or to which the Property
was removed with the written consent of Lessor ; or
B. By loading Property at Lessee 's cost on board such carrier as Lessor shall
specify and shipping the Property , freight collect, to the destination designated by
Lessor .
Such conditions for return of the Property are subject to Lessee 's option to purchase it as set
out in this Agreement.
11. Insurance
Lessee , at its own expense, will maintain the Property insured for such risks and in such
amounts as Lessor may require with carriers acceptable to Lessor , will maintain a loss payable
endorsement in favor of Lessor affording to Lessor such additional protection as Lessor may
require, and will maintain liability insurance satisfactory to Lessor . All such insurance will name
Lessor and Lessee as insureds. The policies will provide that they may not be cancelled or
altered without at least ______days' prior written notice to Lessor , and the loss payable
endorsement will provide that all amounts payable by reason of loss of or damage to the
Property will be payable only to Lessor . Lessee will deliver to Lessor evidence satisfactory to
Lessor of all such insurance. If loss or damage occurs under circumstances in which Lessee is
not in violation of the terms of any such policies, and if Lessee has fulfilled its obligations under
Section 9 of this Lease, and is not otherwise in default under this Lease, then Lessor will pay
Lessee so much of any insurance proceeds received by Lessor as the result of such loss as will
fully reimburse Lessee for the net expense it incurs in fulfilling its obligations under Section 9 .
12. Taxes and Fees
Lessee will pay all license fees, assessments, and sales, use, Property , and other taxes
now or in the future imposed on the Property by reason of ownership, leasing, renting, sale,
possession, or use, whether they be assessed to Lessor or Lessee , together with any penalties
or interest in connection with such charges, excepting federal, state, or local governmental
taxes, or payments in lieu of such taxes, imposed on or measured by income of the Lessor . If
any tax is, by law, to be assessed or billed to Lessor , Lessee at its expense will do anything
required to be done by Lessor in connection with the levy, assessment, billing, or payment of
such tax, and is authorized by Lessor to act on Lessor 's behalf in such respects; Lessee will
cause all billings of such taxes to Lessor to be made to Lessor in care of Lessee and will from
time to time, on request of Lessor , submit written evidence of the payment of all of the
governmental obligations mentioned in this section. Lessee will, on any property tax returns
required to be filed by it, include the Property covered by this Lease or any substitutions or
additions to this Lease as Property owned by the Lessee for purposes of tax assessments. It is
agreed that Lessee will not, without obtaining prior written permission of Lessor , assert on its
behalf, or on behalf of Lessor , any immunity from taxation based on the tax-exempt status, if
any, of the Lessor .
13. Lessee’s Failure to Maintain Insurance of Pay Taxes
Should Lessee fail to make any payment or do any act as provided in Sections 11 or 12
of this Lease, then Lessor will have the right, but not the obligation, without notice to or demand
on Lessee , and without releasing Lessee from any obligation under this Lease, to make or do
the same, and to pay, purchase, contest, or compromise any encumbrance, charge, or lien that
in the judgment of Lessor appears to affect the Property , and in exercising any such rights, incur
any liability and expend whatever amounts in its discretion it may deem necessary. All expenses
so incurred by Lessor will be without demand immediately due and payable by Lessee and will
bear interest at the rate of ______% per year until paid.
14. Warranties
Lessee acknowledges that the Property is of a size, design, capacity, and manufacture
selected by Lessee . Lessor is not a manufacturer of the property and has
not and does not make any representation, warranty, or covenant,
expressed or implied with respect to the condition, quality, durability,
suitability, or merchantability of the Property. Lessor will, however, take any
steps reasonably within its power to make available to Lessee any manufacturers or similar
warranty applicable to the Property . Lessor shall not be liable to Lessee for any liability, loss, or
damage caused or alleged to be caused directly or indirectly by the Property by any inadequacy
of or defect in such Property or by any incident in connection with the same. Lessor
undertakes no responsibility for the quality of the Property except as
otherwise provided in this Agreement.
15. Indemnity
Lessee will indemnify Lessor against, and hold Lessor harmless from, all claims, actions,
proceedings, costs, damages, and liabilities, including attorney's fees, arising out of, connected
with, or resulting from the Property , including but not limited to the manufacture, selection,
delivery, possession, use, operation, or return of such Property .
16. Deposit of Security
Lessor acknowledges that Lessee has deposited with Lessor as security $___________
and agrees that such deposit shall be security for performance of Lessee 's obligations under
this Lease. Such sum may, at Lessor 's option, be applied to satisfy any such obligation which
may be in default, but the making of such deposit will not excuse Lessee from performance of
any such obligation. Any portion of such sum which has not been so applied by Lessor will be
returned to Lessee at the termination of this Lease.
17. Default
The occurrence of any of the following events will, at the option of the Lessor , terminate
this Lease and Lessee 's right to possession of the Property :
A. The nonpayment by Lessee for a period of ______ (number) days of any sum
required under this Lease to be paid by Lessee .
B. The default by Lessee under any other term, covenant, or condition of this Lease
which is not cured within ______ (number) days after notice from Lessor .
C. The subjection of any of Property to any levy, seizure, assignment, application, or
sale for or by any creditor or governmental agency.
On the happening of any of the above events, Lessor may without notice to or demand
on Lessee :
1. Take possession of the Property and lease the Property or any portion of the
Property to such persons, for such period, and at such rental as Lessor shall elect, and
apply the proceeds of any such leasing, after deducting all costs and expenses incurred
in connection with the recovery, repair, storage, and leasing of the Property , in payment
of the rent and other obligations due from Lessee to Lessor under this Lease, Lessee
remaining responsible for any deficiency.
2. Take possession of the Property and sell it or any portion of the Property at
public or private sale and without demand or notice of intention to sell, and apply the
proceeds of any such sale, after deducting all costs and expenses incurred in connection
with the recovery, repair, storage, and sale of the Property and any rentals and other
obligations of Lessee then due under this Lease, against the Stipulated Loss Value of
the Property sold. If the proceeds, after the permitted deduction, are less than the
Stipulated Loss Value , Lessee shall immediately pay Lessor the difference.
18. Offset
Lessee waives any existing and future claims and offsets against rent or other payments
due under this Lease, and agrees to pay such rent and other amounts regardless of any offset
or claim that may be asserted by Lessee or on Lessee 's behalf.
19. Assignment or Sublease
Without the prior written consent of the Lessor , Lessee shall not: (a) assign, transfer,
pledge, or hypothecate this Lease, the Property or any part of such Property , or any interest in
it; (b) sublet or lend the Property or any part of such Property ; or (c) permit the Property or any
part of such Property to be used by anyone other than Lessee or Lessee 's employees. Lessor
may assign its interest, or a part of such interest, in this Lease.
20. Location of Property Leased
Lessee will not, without prior written consent of Lessor , permit the Property to be
removed from ________________________________________________________________
___________ (street address, city, county, state, zip code) .
21. Ownership
The Property is and will at all times remain the sole property of Lessor , and Lessee shall
have no right, title, or interest in the Property except as set forth in this Lease.
22. Personal Property
The Property is, and shall at all times remain, personal property, notwithstanding that it
or any part of it may now be, or may in the future become, in any manner attached to, or
embedded in, or permanently resting on, real property or any building on such real property, or
attached in any manner to what is permanent as by means of cement, plaster, nails, bolts, or
screws.
23. Option to Purchase
Lessor grants to Lessee the option to purchase the Property provided that Lessee gives
notice to Lessor , in writing, of its intention to exercise such option during the period of ______
(number) days immediately preceding the expiration of this Lease, and provided further that
Lessee 's right to so purchase the Property is conditioned upon Lessee 's complete performance
of all the terms and provisions of this Lease on its part to be performed, including full payment of
the rental as specified. Should Lessee exercise the option, (e.g., all sums or [percentage of rent
paid) paid as rent under this Lease shall be applied to the purchase price of the Property , and
on receipt of the balance of the purchase price by Lessor , together with a sum equal to any new
or applicable unpaid sales and use taxes, Lessor will transfer title of such Property to Lessee ,
and will deliver, on Lessee 's written request, written evidence of the transfer of such title.
24. Severability
The invalidity of any portion of this Agreement will not and shall not be deemed to affect
the validity of any other provision. If any provision of this Agreement is held to be invalid, the
parties agree that the remaining provisions shall be deemed to be in full force and effect as if
they had been executed by both parties subsequent to the expungement of the invalid provision.
25. No Waiver
The failure of either party to this Agreement to insist upon the performance of any of the
terms and conditions of this Agreement, or the waiver of any breach of any of the terms and
conditions of this Agreement, shall not be construed as subsequently waiving any such terms
and conditions, but the same shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.
26. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of _______________.
27. Notices
Any notice provided for or concerning this Agreement shall be in writing and shall be
deemed sufficiently given when sent by certified or registered mail if sent to the respective
address of each party as set forth at the beginning of this Agreement.
28 . Mandatory Arbitration
Any dispute under this Agreement shall be required to be resolved by binding arbitration
of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one
arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall
arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration
Association then in force and effect.
29. Entire Agreement
This Agreement shall constitute the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this Agreement shall not be
binding upon either party except to the extent incorporated in this Agreement.
30. Modification of Agreement
Any modification of this Agreement or additional obligation assumed by either party in
connection with this Agreement shall be binding only if placed in writing and signed by each
party or an authorized representative of each party.
31. In this contract, any reference to a party includes that party's heirs, executors,
administrators, successors and assigns, singular includes plural and masculine includes
feminine.
WITNESS our signatures as of the day and date first above stated.
___________________________
(Name of Lessor)
________________________ By:________________________________
(P rinted name) ________________________
________________________ (P rinted name & Office in Corporation)
(Signature of Lessee) ________________________
(Signature of Officer)