Minimum Order: $500 per month
All Order will have a one time "Delivery/Set-Up/Pick-Up Fee." Depending on location; most fees will be $150 plus 10% of the first month rent.
TERMS AND CONDITIONS: Lessee agrees to lease the property selected (the 'Property') from Home Stagers Warehouse (HSW/CMS) for (the "Lease Term") beginning on the date the Property is delivered pursuant to this Lease. After lease term, the Lease will continue on a month-to-month basis until terminated by HSW/CMS or Lessee. Any additions or deletions to the Property must be confirmed by HSW/CMS in writing and may result in modifications to Lessee's monthly rental payment and/or additional transportation charges.
LESSEE'S TOTAL MONTHLY PAYMENT which is due each month as specified is made up of Base Rent, Damage Waiver Fee, and Sales/Use Tax (if applicable). Unless restricted by law. Lessee will be charged a LATE PAYMENT FEE equal to $25.00 or 5% of the Total Amount Due as shown on the monthly invoice, whichever is greater, for each month that Lessee fails to pay, by its due date, the Total Amount Due shown on the monthly invoice. Additionally, all undisputed balances over thirty (30) days past due are subject to a monthly interest charge of 1.5% (unless restricted by law). These fees and charges shall be in addition to all other remedies available to HSW/CMS.
CHECKS RETURNED OR CREDIT CARD CHARGES DECLINED FOR ANY REASON are subject to a $ 35.00 administrative charge.
TAXES: Lessee agrees to pay all sales and use taxes on the Property where applicable. The total amount Lessee will pay during the Lease Term in Sales/Use Taxes (applicable state tax).
DAMAGE WAIVER FEE: Lessee may select a protection plan/damage waiver on each order. For this fee, HSW/CMS will bear all risk of damage or loss to the Property (including damage or loss caused by natural disasters such as fires, floods, earthquakes and tornadoes) EXCEPT for damage or loss caused by theft, disappearance, gross negligence, misuse or abuse (including without limitation damage by cigar or cigarette burns, pets, and insect infestation), for which Lessee will remain responsible. If Lessee declines this damage waiver, Lessee must provide HSW/CMS, prior to delivery, with a certificate of insurance evidencing fire and extended coverage protection for the full replacement value of the Property and naming HSW/CMS, as loss payee. If HSW/CMS agrees to deliver the leased furniture prior to receipt of certificate of insurance, damage waiver fees will be charged until this certificate is received.
SECURITY DEPOSIT: Your security deposit will be refunded to You upon return of the Property less an amount equal to any damage or loss to the Property not covered by the Damage Waiver Fee, any outstanding lease payments, and any charges resulting from Your failure to meet the provisions of the Lease. You shall remain liable for any amounts owed by You in excess of the security deposit. You may not apply Your security deposit to any payment owed under the Lease.
UPON TERMINATION OF THE LEASE, PLEASE PROVIDE HSW/CMS A FORWARDING ADDRESS SO THAT ANY FUNDS DUE TO YOU MAY BE PROPERLY REFUNDED. Refund of monies owed to you after termination of the Lease will be made by check and require approximately thirty (30) days processing.
DELIVERY: HSW/CMS shall deliver the Property to the address specified and on the date agreed upon. You grant HSW/CMS permission to enter the premises for the purposes of delivering and picking up the Property. HSW/CMS shall have no liability for damages resulting from any delay in delivery or pick up of the Property.
ADDITIONAL TRANSPORTATION CHARGE: If, through no fault of HSW/CMS, an additional pick up or delivery must be made to complete this transaction, an additional transportation charge will be due.
TERMINATION AND PICK UP NOTICE: In order to arrange for an orderly close out of this lease and pickup of the Property, You must give HSW/CMS at least FIFTEEN (15) days written notice prior to any termination of this lease. Failure to provide such notice may result in an additional charge equal to one month’s rent.
RESPONSIBILITY FOR MAINTAINING THE PROPERTY: You are responsible for maintaining the Property in good condition, subject to ordinary wear, and for any damage, loss or destruction not covered by the Damage Waiver Fee. In the event of damage or loss not covered by the Damage Waiver Fee, HSW/CMS will charge You its costs of replacing or repairing the Property, including materials parts and labor. You will not remove any item of Property from the delivery address without HSW/CMS’s prior written approval. IF YOU FAIL TO RETURN THE PROPERTY AS REQUIRED, YOU WILL BE LIABLE TO HSW/CMS FOR AN AMOUNT UP TO THE REPLACEMENT COST OF THE PROPERTY PLUS HANDLING FEES IN ADDITION TO ALL OTHER PAYMENTS AND CHARGES DUE UNDER THIS LEASE.
WARRANTIES: HSW/CMS is not the manufacturer of the Property provided under the Lease. HSW/CMS MAKES NO WARRANTY, EXPRESSED OR IMPLIED, WITH REGARD TO SUCH PROPERTY INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO ASSIGNMENT: This Lease may not assigned by You in whole or part.
TITLE: It is understood that this transaction is a lease and not a conditional sale or financing agreement. Title and ownership to each item of the Property shall remain with HSW/CMS unless transferred after the purchase of the Property in accordance with any option to purchase granted by this Lease. You will not grant a security interest of any kind nor dispose of any item of Property. You shall keep the Property free and clear from all levies, attachments, liens, and encumbrances and shall not in any way impair HSW/CMS’s title in such Property. HSW/CMS has the right to file a financing statement at any time to give notice of its ownership of the Property.
RIGHT TO DEMAND PERFORMANCE: Any failure by HSW/CMS to require full performance by You of the Lease shall not affect HSW/CMS’s right to demand such performance in the future.
CANCELLATION: You may cancel this Lease at any time prior to delivery of the Property. Cancellation of this Lease within two business days of scheduled delivery will result in a cancellation fee not to exceed one month’s rent. Cancellation after delivery will be treated under the early termination provision of the Lease. Refund of monies owed to You after cancellation will be made by check and require approximately thirty (30) days processing.
EARLY TERMINATION: You may terminate this Lease prior to the end of the Lease Term. Full payment of the lease term will be due upon cancellation. Upon such early termination, You will remain liable for all Your obligations under this Lease.
DEFAULT: HSW/CMS may terminate this Lease at any time and repossess the Property without legal process: (1) if You violate any of the lease provisions and fail to cure such violation within fifteen (15) days of the violation; (2) if You become insolvent or make any assignment for the benefit of Your creditors; or (3) if any proceeding is instituted by or against You under bankruptcy or similar laws for the relief of debtors or if a receiver is appointed for any of Your assets. Upon such termination, HSW/CMS will be entitled to all remaining monthly rental payments, and to recover any damages resulting from Your failure to fulfill all of the provisions of this Lease. You shall also be liable for all costs, including reasonable attorney’s fees, which may be incurred by HSW/CMS in enforcing these provisions.
MULTI-USE PROVISION: This Lease is intended for use in several jurisdictions. You agree that if any of its provisions shall be held invalid or unenforceable under the laws of the state or jurisdiction in which You reside the remaining provisions shall be enforced as if without the inclusion of the invalid term.
ENTIRE AGREEMENT: This Lease contains the entire agreement between You and HSW/CMS for the rental of the specified property, supersedes all prior agreements between Lessee and HSW/CMS for the specified property, whether written or oral and any terms, outside of Late Payment Fee, may be amended only by a written document signed by both parties. HSW/CMS reserves the right to amend Late Payment Fee with 60 days prior written notice to Lessee.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LEASE COMPLETELY AND UNDERSTAND AND AGREE TO ITS TERMS. FURTHERMORE, YOU HAVE RECEIVED A COPY OF THE LEASE WHICH YOU WILL REFER TO AS NECESSARY IN YOUR USE OF THE "PROPERTY".
This Lease shall become effective upon the signatures of HSW/CMS’s Manager or Authorized Representative and the satisfactory approval of your rental application.