Leasing Standard Terms and Conditions of Sale For Customers

SCOPE: These Terms and Conditions apply to all leasing sales made by Meritech Systems, LLC (“Meritech”), and its Meritech Division. These Terms and Conditions apply in lieu of any course of dealing between the parties or usage of trade in the industry.

 
1. ACCEPTANCE: By signing this Customer Lease Order (Order), you accept the Meritech equipment and/or services described there and agree to be bound by the following terms and conditions. This Order is the entire contract between you and the Lessor (Meritech). No promise, statement, representation by any of the Meritech’s agents or employees will be binding unless it appears in the Order. Also, no promise, statement, or representation of any of the Meritech agents or employees will relieve you of any obligation you undertake with this Order. 

2. PAYMENT, SERVICE CHARGE: You agree to promptly pay all amounts due under this Order. If you fail to do so, you agree to pay all costs of collection including the cost for reasonable attorney’s fees. Payment is due on the 15th of every month. Any account not paid for in full by the 15th will be subject to a $15.00 late fee. Charges for late fees are liquidated damages intended to be a reasonable advance estimate of Meritech administrative costs associated with collecting fees from you, which are difficult to predict and calculate at the time you and Meritech agree to this order. 

3. ENTRY: By signing this Order, you authorize Meritech to (a) enter the premises to service the equipment. Your authorization permits Meritech to enter whenever Meritech considers it necessary or convenient to accomplish the purpose of this Order. If Meritech is required to make additional trips to the equipment because the equipment is inaccessible or entry is not permitted, Meritech may impose its prevailing special trip fee.

4. MAINTENANCE: It is important that this equipment be maintained according to manufacturer instructions, and regular sanitary maintenance which is detailed in the cleaning instructions. All are provided in the manual and digital owners guide.

5. LIMITED WARRANTY/LIMITATION OF LIABILITY: Meritech warrants that the equipment provided to you under this order is Meritech equipment. For the equipment and any other materials that are provided under this Order, Meritech warrants such equipment and materials against defect in materials and workmanship for the period specified in the manufacturer’s limited warranty, or as otherwise specified in the Order, Meritech obligation under this warranty is limited to repair or replacement (at Meritech’s option) of equipment or other materials provided by Meritech that Meritech reasonably determines are defective in material or workmanship, as long as you notify Meritech within a reasonable period of the alleged defect. This warranty will apply only if the Meritech equipment or other materials furnished under this Order are (a) used in a manner that strictly conforms to written operating instructions furnished by Dealer, and (b) with supplies, system elements, or components that are technically satisfactory for use with Meritech products. This warranty will not apply if the equipment or materials have been modified, repaired, or tampered with by anyone who is not authorized by the Dealer. In addition, this warranty will not apply if the equipment or materials have been subject to negligence or misuse, including any use of the Meritech equipment with hygiene solution that is not approved by Meritech, committed by anyone, other than the Meritech employees or accident. If you have purchased equipment with this Order and you have requested Meritech to do so, Meritech has made available for your inspection a copy of the appliable warranty prior to purchase. Meritech will provide you with the warranty when the equipment is installed. To the extent specifically stated in the manufacturer’s warranty or on the front of this Order, Meritech warrants any labor provided under this warranty for the period stated. To the extent permitted by the law, Meritech and Meritech disclaim all implied warranties including, without limitation, warranties of merchantability and fitness for a particular purpose, to the extent permitted by the law and any such implied warranties are limited in duration of the periods and for the parts specified in the manufacturer’s limited warranty and this Order. Your sole remedy against Meritech and its related companies or products, services, and work furnished under this Order is under the Warranty stated above. This limitation applies to remedies arising out of this Order or otherwise in connection with the equipment, other materials, or services provided by the Meritech. In no event shall Meritech, or related companies be liable to you for damages of any nature, including but not limited to direct, incidental, consequential, special, general, or otherwise (including but not limited to property damage), expect specifically stated in this Order.

ANY ACTION RESULTING FROM THE DELIVERY TO YOU OF GOODS OR SERVICE UNDER THIS ORDER MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCURED. YOU ASSUME ALL LIABILITY FOR INJURY OR DAMAGE TO OR ARISING OUT OF POSSESSION, USE OR CONTROL OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE. YOU AGREE TO OBTAIN INSURANCE TO COVER ANY SUCH LIABITIES.

Some states do not allow limitations on implied warranties, so the above limited warranty may not apply to you. Similarly, some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which may vary from state to state.

6. CANCELLATION: EXCEPT AS PROVIDED IN THE NOTICE OF CANCELLATION if you cancel this Order, you agree to pay any time and material charges incurred by the Dealer.

A. MAINTENANCE RESPONSIBILITIES: You are responsible for the following maintenance of the equipment: repair of damage due to your misuse or negligence, humidity, condensation, freezing, fire or other catastrophe, loss, or damage due to theft or causes beyond Meritech control. You are not responsible for reasonable wear and use, but any of the following acts will be considered to have caused unreasonable or excessive wear and use of the equipment: repair or alteration by unauthorized persons, intentional or negligent damage, or other damage beyond Meritech control. Meritech is responsible for repairing damage to the equipment from reasonable wear and use if the equipment is not functional without such repairs, but only if you notify Meritech immediately upon discovering such damage. If the equipment maintenance or repair for which the Meritech is not responsible, you agree to pay for its replacement or repair at Meritech prevailing rates.

B. TITLE TO THE EQUIPMENT: Meritech will always own the equipment provided to you and it shall not be considered part of the real estate. You will take all reasonable steps to reassure the equipment is not considered part of the estate.

C. TERM: The equipment services provided to you as part of this Order are for the term of 60 months. If no term is stated, the equipment services shall continue on a month-to-month basis. Meritech may change the rental or service rate at any time without notice. If you do not wish to continue with this Order under the new rate, you may cancel this Order if you give 30 days prior written notice to the Dealer. The cancellation is subject to paragraph D on termination and default.

D. TERMINATION AND DEFAULT: (a) You may terminate this Order upon payment of all unpaid account balances, any applicable cancellation charge see (b) below and return of the equipment. If you move, you must notify Meritech 30 days in advance. You must tell all realtors and any prospective purchaser or tenant that Meritech owns the equipment.

• (b) This Order states that it is for a specified term and if you terminate this Order prior to the end of that term, Meritech, at its option, may assess a cancellation charge of $500 per station.
• (c) Meritech may terminate this Order without cause any time after giving you 30 days prior written notice. If that happens, Meritech shall be entitled to return of the equipment, all unpaid payments up to the date of removal of the equipment and any reasonable costs, including attorney’s fees, of collection of payments and repossession of the equipment.
• (d) If you fail to make the equipment available to Meritech for removal from your premises upon termination of this Order or if you fail to tell a new owner or occupant of the property that you do not own the equipment, you agree to pay Meritech its value (fair market value including ordinary wear and use). If you disagree with the value determined by Meritech, you may obtain, at your expense, a professional appraisal of the value by an independent third party agreeable to both you and Meritech. The appraised value will be used as the value.