| I hereby apply for merchandise rental. I am over 18 years
of age. Everything that I
have stated in this order form is correct.
I understand that my application is pending approval. You are authorized to check my credit and employment history
and to answer inquiries about my credit experience with USAppliance Rental
LLC (“USA”). The
rental rate for the items listed above (“Rented Property”) is
$
plus local sales tax per month and the delivery charge is $
plus local sales tax. First
Payment of $
plus local sales tax is due prior to delivery. Following Payments of $
plus local sales tax are due on the first of each month. Rental
Term: I agree to rent from USA the Rented
Property for a minimum period of 3 months and 0 days (“Rental Term”),
commencing on the delivery date set forth above and subject to the provisions
set forth below (“Agreement”). The minimum rental payments due
for this Agreement is $
. Extended
Rental Term:
If I do not return the rented property to USA at the end of the term,
my rental of the Rented Property shall continue from month-to-month under
the terms and conditions stated in this Agreement, until either I or USA
send the other party written notice of termination to the last known address,
at least 10 days prior to the intended termination date, in which event
I will return all Rented Property to USA on, and will pay all sums that
I owe, through the termination date. Guaranties/Warranties:
USA will deliver the Rented Property in good condition and working order.
USA guarantees that the rented property will be in good condition and
working order for the duration of this Agreement subject to the provision
set forth below. USA makes no other warranties, expressed or implied.
Responsibility
for Rented Property: I will maintain the Rented Property in good condition
and will return it to USA in the same condition as when I received it,
ordinary wear and tear excepted. If I fail to return the Rented Property
as required, I will be liable to USA for an amount up to the fair market
value of the Rented Property in addition to all other payments and charges
under this Agreement. Taxes:
I agree to pay all applicable sales/use taxes on the Rented Property,
which are not included in the amounts listed above. Damages:
I agree to bear the risk of damage and loss caused by theft, disappearance,
gross negligence, misuse, fire, and Acts of God. Late
Charges:
For each monthly payment not received by USA within 5 days after the due
date, I will pay a late charge equal to the lesser of (i) $5.00 or (ii)
the maximum late charge permitted under the laws of the state in which
the Rented Property was delivered.
Returned Checks: I will pay a $20.00 handling fee for any check returned
to USA by my bank. I will make the check good within 24 hours after I
am notified of the check return. Repairs:
I will permit all necessary repairs to the Rented Property to be done
only by USA. I will notify USA in the event any repairs become necessary
and will allow USA to pick up such Rented Property for repair. Default:
I understand that I will be in default under the Agreement if (i) I do
not make any payment when due, (ii) I do not do everything else required
of me under this Agreement, (iii) I become the subject of any bankruptcy
or receivership proceeding or (iv) any statement provided by me to USA
proves to be false, misleading or incomplete in any important respect.
If I default, USA shall have the right to terminate this agreement and
repossess the Rented Property, wherever located, without legal process,
provided, I will remain liable for all payments due hereunder and for
the fair market value of the Rented Property until all of it is returned
to USA. I agree to pay all of USA cost of enforcing the provisions of
this Agreement, including reasonable attorney’s fees, in addition to all
other sums and damages for which I am liable under this agreement. I hereby
waive any and all rights I may have, and can legally waive, to pre-seizure
hearings following default. Location
of Rented Property: I will not move the rented property form the delivery
address specified in this agreement, nor allow anyone else to obtain possession
of the rented property, without the prior written consent of USA
Security Interest: I will not grant a Security Interest in or fail to keep
the Rented Property free from all levies, attachment, liens and encumbrances.
I will not sublet, assign or permit any voluntary or involuntary transfer
of my interest in this Agreement or in the Rented Property.
Communication: USA and I agree that fax copies and electronically submitted forms are as
good as originals. Entire
Agreement: This Agreement constitutes the entire understanding between
USA and me and cannot be amended or changed in any way unless in writing
and signed by both of us. I have read and received a copy of this Agreement. |
