iPad Lease Agreement
This iPad Lease Agreement (this “Agreement”) is made and entered on 09 August, 2020, by and between with dealer code (“Lessee”) located at and Bizco Technologies located at 7950 O Street Lincoln, NE 68510 (“Lessor”) (each individually a “Party” and collectively referred to as the “Parties”).
By placing an order (“Order”) for the lease of iPads through the ishowroompro.com website for this program, or by otherwise taking possession of the iPads through the program, Lessee agrees to the terms of this Agreement. Lessee has no right to receive the iPads and any related services unless Lessee agrees to these terms.
The Parties agree as follows:
- EQUIPMENT: Lessor hereby leases to Lessee the quantity of iPads included in the Order(the “Equipment”). Lessor will not provide support and maintenance services for Equipment. Lessee may purchase at their option support services including AppleCare+ and/or Help Desk Services. The Equipment is being leased for use by Lessee in connection with its automobile dealer business only, and not for any other uses. Lessee will keep the Equipment at Lessee’s business location or other locations visited by Lessee personnel in the ordinary course of business, will use the Equipment in a lawful and appropriate manner, and will keep the Equipment in good working order. Lessee agrees to use all apps, software and services on or accessed through the Equipment in accordance with the applicable license/service agreements and terms.
- LEASE TERM: The lease will start on the delivery date of the Equipment and will end 24 months following the delivery date.
- LEASE PAYMENTS: Lessee agrees to pay to Lessor as rent for the Equipment the amount specified in Lessee’s Order (“Rent”) each month. Billing for this program will be to the Dealer (Lessee) Billing Statement via FCA MarketCenter consolidated billing unless Lessee is in “I” or “T” billing status. In the event that Lessee cannot be billed via such consolidated billing, Lessee will be billed by Lessor directly at Lessee’s business address identified above, and Lessee agrees to pay Lessor directly. The Rent is exclusive of any taxes or other government fees that may be applicable to the transactions under this Agreement. Lessee is responsible for any and all such taxes.
- END OF LEASE OPTIONS: Within 60 days of your final bill, you will be notified of your end of Lease Options. You will be able to choose one of the following options:
- Return the product to Lessor. Lessee shall pay return shipping. Lessee is responsible for removing and retrieving any data on the Equipment prior to its return.
- Extend this Agreement from 1 to 12 months at a to be agreed upon price.
- Execute a new Lease Agreement for the then current model.
- Purchase the Equipment at an agreed upon price.
- DATA SERVICES: Cellular data services, if selected, are not subject to the terms of this agreement but if available are provided through a separate agreement and terms.
- PROCESSING A SERVICE CLAIM: To initiate a service claim for Warranty support, or other Apple iPad support may be completed by going to http://support.apple.com.
- DAMAGE COVERAGE: Unless purchased, the Device(s) are not covered for damage to the iPad. All Apple products and accessories purchased under this program are entitled to a 1-year Manufacturer warranty on Manufacturer defects provided by the manufacturer. Go to http://support.apple.com for Apple product support.
- DELIVERY: Initial shipping charges of the Equipment shall be billed with the first invoice. All initial shipping charges will be clearly identified as such. Lessee shall be responsible for any shipping or packaging charges required to return the device to Lessor for any reason.
- DEFAULTS: If either party fails to perform or fulfill any of its obligations under this Agreement, it shall constitute a default of this Agreement. Subject to any statute, ordinance or law to the contrary, the defaulting party shall have seven (7) days from the date of notice of default by the other party to cure the default. In the event the defaulting party does not cure a default, the non-defaulting party may declare a default of the Agreement. If either party shall become insolvent, cease to do business as a going concern or if a petition has been filed by or against either party under the Bankruptcy Act or similar federal or state statute, the other party may immediately declare the other to be in default of this Agreement. In the event of default, either party may, as permitted by law, terminate this Agreement. In the case of Lessee’s default, Lessor may also re-take possession of the Equipment. In the event Lessor terminates under this Section 10 Lessor shall be obligated to mitigate damages and use commercially reasonable efforts to re-let the Equipment. If despite its efforts Lessor is unable to re-let the Equipment, Lessor may at its option hold Lessee liable for the balance of the unpaid rent under this Agreement as if this Agreement had continued in force.
- TERMINATION FOR CONVENIENCE. Lessee may terminate this Agreement for any or no reason by providing Lessor with thirty days written notice. Lessee shall not be responsible for any Rent beyond the effective date of termination as set forth in such written notice. Lessee shall agree to pay a fixed early termination fee of $200 per iPad and must return the iPad(s) to be terminated in good working condition. No prepaid Rent will be refunded to Lessee in the event of Lessee’s termination for convenience.
- ENCUMBRANCES, TAXES AND OTHER LAWS: Lessee shall keep the Equipment free and clear of any liens or other encumbrances and shall not permit any act where Lessor’s title or rights may be negatively affected. Lessee shall be responsible for complying with and conforming to all laws and regulations relating to the possession, use or maintenance of the Equipment. Furthermore, Lessee shall promptly pay all taxes, fees, licenses and governmental charges, together with any penalties or interest thereon, relating to the possession, use or maintenance of the Equipment.
- LESSOR’S REPRESENTATIONS: Without limiting Lessor’s obligations under Section 7 of this Agreement, Lessor represents and warrants that it has the right to lease the Equipment as provided in this Agreement and that Lessee shall be entitled to quietly hold and possess the Equipment, and Lessor will not interfere with that right as long as Lessee pays the Rent due hereunder in a timely manner and performs all other obligations under this Agreement.
- OWNERSHIP: The Equipment is and shall remain the exclusive property of Lessor.
- SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
- ASSIGNMENT: Neither this Agreement nor Lessee’s rights hereunder are assignable or sub-leasable by Lessee except with Lessor’s prior, written consent.
- BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
- GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its internal conflicts of laws rules. Sole jurisdiction and venue for any dispute arising under or related to this Agreement shall be a state or federal court located in Nebraska.
- NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service to:
Lessor: To the address specified in the Order
Lessee: Bizco Technologies
7950 O Street
Lincoln, NE 68510
Either party may change such addresses from time to time by providing notice as set forth above.
- ENTIRE AGREEMENT: This Agreement along with the Order constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Lessor and Lessee.
- CUMULATIVE RIGHTS: Lessor’s and Lessee’s rights under this Agreement are cumulative and shall not be construed as exclusive of each other unless otherwise required by law.
- WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance of Rent by Lessor does not waive Lessor’s right to enforce any provisions of this Agreement.
- INDEMNIFICATION: Except for damages, claims or losses due to Lessor’s negligence or willful misconduct, Lessee, to the extent permitted by law, will indemnify and hold Lessor and Lessor’s property, free and harmless from any liability for losses, claims, injury to or death of any person, including Lessee, or for damage to property arising from Lessee using and possessing the Equipment or from the acts or omissions of any person or persons, including Lessee, using or possessing the Equipment with Lessee’s express or implied consent.
- EXCEPT AS EXRESSLY STATED IN THIS AGREEMENT, LESSOR MAKES NO WARRANTIES OF ANY KIND, AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABIILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Notwithstanding the preceding, Lessor shall, to the extent possible, take advantage of the applicable manufacturer’s warranty for the Equipment.
- Neither party shall be liable for any special, incidental, consequential, indirect, punitive or exemplary damages, or any lost profits, lost business, or lost data, under this Agreement. In no event shall either party be liable under this Agreement in an aggregate amount exceeding the Rent paid to Lessor under this Agreement for the Equipment at issue; provided that this shall not limit Lessee’s obligation to pay any Rent due under this Agreement.