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Summary All manner of equipment may be leased to a customer for various periods of time. This summary discusses longer-term rental periods. Often, long-term rentals relate to business equipment. For tax purposes, a business may find the lower price available through a lease beats the amount of taxes that can be saved through deductions of depreciation. An individual financial examination should be conducted in each case - preferably with the assistance of a good accountant and/or attorney. Federal Consumer Leasing Act The Federal Consumer Leasing Act applies to any lease of consumer goods for more than four months in which the total rental price exceeds $25,000.00. (It does not apply to leases of real estate.) This law requires the owner to disclose information before the customer signs the lease. The customer has the right to sue for violations. The Federal Trade Commission helps enforce the CLA, and will take action if there is evidence of a pattern of federal law violations. Equipment Description Depending on equipment, this can be described in the provision or pursuant to an attachment. Rental Period This should also indicate that late fees shall apply and that early return will not entitle the customer to a refund of any kind. Extensions should be provided for. Rental Rate This should also indicate that this rental fee shall be charged in advance and for each successive Rental Period in addition to any late fees which may become due. Security Deposit To secure the owner against loss or damage. Risk of Loss/Theft Customer should assume all liability for the cost of replacing a lost or stolen piece of equipment. Owner may insure such equipment against loss or damage and have any premiums paid for by Customer. Loss & Damage Owner should require that equipment be returned in substantially the same condition as when it was first rented. Failure to Return Depending on the value of the equipment, the owner may simply charge the customer for the reasonable value of the unreturned equipment. Otherwise, stipulate that the owner will regard such failure to return as theft and report it as such to local law enforcement. Surrender Owner should require that equipment be returned in substantially the same condition as when it was first rented, normal wear and tear excepted. Option to Purchase (If Applicable) This gives customer the option of buying the equipment at any time during the rental term. Option is lost if customer does not otherwise comply with terms of agreement.
-- Exercise of Option - Customer must give owner written notice. Customer required to pay a down payment and thereafter, owner/owner will prepare standard contract of sale. Usually, if no other interested buyers, owner will allow customer to extend the option (for a price) in conjunction with an extension of the rental term. -- Purchase Price - May require financing. -- Credit Against Purchase Price - Owner may set aside some portion of rental paid to be credited towards a down payment for the property. Default Default occurs when customer fails to fulfill or abide by any obligation or term of the rental agreement. Owner may terminate the agreement and require customer to pay unpaid fees and costs incurred by owner in curing the default. Liability & Indemnity Customer indemnifies owner against any personal injury or loss of life to any person or damage to property, which may occur. Mediation and Arbitration Mediation and Arbitration should always specify a location in owner's jurisdiction (preferably, in the same county where they run their business). Mediation is a non-binding way to settle the dispute quickly and amicably. If unable to settle in mediation, arbitration is first option available. Arbitration is the preferred alternative to litigation because of speed, cost, and ability to maintain low profile (no info is publicly available). No Modification or Waiver No modifications except those specifically agreed upon by the parties in writing. Any waiver of a term or provision will not act as a waiver of any other provision. Entire Agreement This agreement constitutes the entire agreement of the parties and may be modified only in a writing executed by both parties. Notices Notices should always list the current and best addresses where each party may contact the other for whatever reason.