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South Carolina Agreement to Lease Equipment - Without Warranty

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                             This is an agreement to lease equipment pursuant to the specific terms and conditions as
                             negotiated by the parties. It contains numerous standard provisions as well as
                             opportunities for customization to address the specific needs of the parties. The agreement
                             contains payment, indemnification and insurance provisions. However, it also contains a
                             disclaimer of warranties and expressly states that the equipment is leased "as is" and with
                             all faults. This document is useful for individuals or businesses located in South Carolina
                             seeking to lease equipment without a warranty.
             ®




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              AGREEMENT TO LEASE EQUIPMENT (WITH WARRANTY)

THIS AGREEMENT TO LEASE EQUIPMENT (the “Lease Agreement”) is made and
effective on ______ [Month] ____ [Date], 20____ [Year], by and between
_____________________________ [Instruction: Insert the name of the person owning the
equipment/lessor], located at __________________________________________ [Instruction:
Insert the address of the Lessor] (hereinafter referred to as “Lessor”) and
_______________________________ [Instruction: Insert the name of Lessee], located at
__________________________________ [Instruction: Insert the address of the Lessee]
(hereinafter referred to as “Lessee”). Lessor and Lessee may be individually referred to as
“Party” and collectively as the “Parties”.

WHEREAS, Lessor is the sole owner of that certain equipment describe in Exhibit A;

WHEREAS, Lessee wishes to lease the equipment from Lessor in accordance with the term of
this Agreement;

WHEREAS, each party is duly authorized and capable of entering into this Lease Agreement;

NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set
forth, the Parties hereto agree as follows:

1. Lease

   Lessor agrees to lease to Lessee, and Lessee agrees to lease and rent from Lessor, the
   equipment more fully described in Exhibit A, (the “Equipment”), on the terms and
   conditions of this Lease Agreement.

2. Term and Payment

   See the attached Exhibit B.

3. Shipping [Instruction: choose any one clause from below]

   Lessee shall be responsible for shipping the Equipment to Lessee's premises.

                                                 OR

   Lessor shall be responsible for shipping the Equipment to Lessee's premises.

4. Use

   Lessee shall use the Equipment in a careful manner, shall make all necessary repairs at
   Lessee's expense, and shall comply with all laws relating to its possession, use or
   maintenance, and shall not make any alterations, additions, or improvements to the
   Equipment without Lessor's prior written consent. All additions, repairs, or improvements
   made to the Equipment shall belong to Lessor.




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5. Disclaimer of Warranties and Claims; Limitation of Remedies

   LESSOR, NOT BEING THE MANUFACTURER OF THE EQUIPMENT NOR THE
   MANUFACTURER'S AGENT, MAKES NO EXPRESS OR IMPLIED WARRANTY OF
   ANY KIND WHATSOEVER WITH RESPECT TO THE EQUIPMENT, INCLUDING,
   BUT NOT LIMITED TO, THE MERCHANTABILITY OF THE EQUIPMENT OR ITS
   FITNESS FOR ANY PARTICULAR PURPOSE; THE DESIGN OR CONDITION OF THE
   EQUIPMENT; THE QUALITY OR CAPACITY OF THE EQUIPMENT; THE
   WORKMANSHIP IN THE EQUIPMENT; COMPLIANCE OF THE EQUIPMENT WITH
   THE REQUIREMENT OF ANY LAW, RULE, SPECIFICATION, OR CONTRACT
   PERTAINING THERETO; PATENT INFRINGEMENT; OR LATENT DEFECTS.
   LESSEE LEASES THE EQUIPMENT "AS IS" AND WITH ALL FAULTS. Lessee
   accordingly agrees not to assert any claim whatsoever against Lessor for loss of anticipatory
   profits or consequential damages. Lessor shall have no obligation to install, erect, test,
   service, or maintain the Equipment. Lessee shall look to the manufacturer and/or seller for
   any claims related to the Equipment.

   IF THE EQUIPMENT IS NOT PROPERLY INSTALLED, DOES NOT OPERATE AS
   REPRESENTED OR WARRANTED BY THE SUPPLIER OR MANUFACTURER, OR IS
   UNSATISFACTORY FOR ANY REASON, REGARDLESS OF CAUSE OR
   CONSEQUENCE, LESSEE'S ONLY REMEDY, IF ANY, SHALL BE AGAINST THE
   SUPPLIER OR MANUFACTURER OF THE EQUIPMENT AND NOT AGAINST
   LESSOR.

   LESSOR HEREBY ACKNOWLEDGES THAT ANY MANUFACTURER'S AND/OR
   SELLER'S WARRANTIES ARE FOR THE BENEFIT OF BOTH LESSOR AND LESSEE.
   NOTWITHSTANDING THE FOREGOING, LESSEE'S OBLIGATIONS TO PAY THE
   RENTALS OR OTHERWISE UNDER THIS LEASE SHALL BE AND ARE ABSOLUTE
   AND UNCONDITIONAL. TO THE EXTENT PERMITTED BY THE MANUFACTURER
   OR SELLER, AND PROVIDED LESSEE IS NOT IN DEFAULT UNDER THIS LEASE,
   LESSOR SHALL MAKE AVAILABLE TO LESSEE ALL MANUFACTURER AND/OR
   SELLER WARRANTIES WITH RESPECT TO EQUIPMENT.

6. Ownership

   The Equipment is, and shall remain, the property of Lessor, and Lessee shall have no right,
   title, or interest therein or thereto except as expressly set forth in this Lease Agreement. The
   Equipment shall remain personal property even if installed in or attached to real property.

7. Surrender

   Lessee acquires no ownership rights in the Equipment and has no option to purchase the
   same. Upon the expiration or termination of this Lease Agreement, or in the event of a
   default pursuant to Paragraph 12 hereof, Lessee, at its expense, shall return the Equipment in
   good condition and shall perform any required repair work; however, it is understood and
   agreed that ordinary wear and tear resulting from proper use thereof alone is expected and




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   expectable. Lessor shall deliver the Equipment, packed and ready for shipment, to such place
   or carrier as Lessor may specify.

8. Loss and Damage

   Lessee shall bear the entire risk of loss, theft, damage, or destruction of the Equipment from
   any cause whatsoever, and no loss, theft, damage, or destruction of the Equipment shall
   relieve Lessee of the obligation to pay rent or to comply with any other obligation under this
   Lease Agreement.

   In the event of loss or damage of any kind whatsoever to the Equipment, Lessee shall, at
   Lessor's option:

   a) Place the same in good repair, condition, and working order; or

   b) Replace the same with like equipment in good repair, condition, and working order; or

   c) Pay to Lessor the replacement cost of the Equipment.

9. Insurance

   _________________________________________ [Instruction: Insert Lessor or Lessee or
   Both Parties as applicable] shall have an obligation to obtain, continuously maintain, and
   pay for:

   [Instructions and Comments: There exists no federal law, including Consumer Leasing
   Act, or state laws making mandatory for Lessee or Lessor to maintain any specific
   insurances. However, it is advisable for Lessors to include appropriate insurances from
   below:]

   a. All risk insurance against loss of and damage to the Equipment for not less than the full
      replacement value of the Equipment, naming _________ [Instruction: Insert Lessor
      legal/entity name to whom the claim from a loss is to be paid] as loss payee.

   b. Combined public liability and property damage insurance with limits as approved by
      ________ [Instruction: Insert Lessor or Lessee or them as applicable], naming
      ____________ [Instruction: Insert the other Party or them as applicable] as named
      insured and a loss payee.

   c. Commercial General Liability.

   d. Lessor named as “Additional Insured” with regards to General Liability.

   e. Waiver of Subrogation concerning Workers Compensation,

   The insurance shall be in such form and with such company or companies as shall be
   reasonably acceptable to Lessor, shall provide at least ___________ (___) [◊Thirty (30)]
   days advance written notice to Lessor of any cancellation, change, or modification, and shall



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   provide primary coverage for the protection of Lessee and Lessor without regard to any other
   coverage carried by Lessee or Lessor protecting against similar risks. Lessee shall provide
   Lessor with an original policy or certificate evidencing such insurance. Lessee hereby
   appoints Lessor as Lessee's attorney in fact with power and authority to do all things,
   including, but not limited to, making claims, receiving payments, and endorsing documents,
   checks, or drafts necessary or advisable to secure payments due under any policy of
   insurance required under this Lease Agreement.

10. Taxes

   Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee,
   or Lessor at Lessee's expense, shall report, pay, and discharge when due all license and
   registration fees, assessments, sales, use and property taxes, gross receipts, taxes arising out
   of receipts from use or operation of the Equipment, and other taxes, fees, and governmental
   charges similar or dissimilar to the foregoing, together with any penalties or interest thereon,
   imposed by any state, federal, or local government or any agency, or department thereof,
   upon the Equipment or the purchase, use, operation, or leasing of the Equipment or otherwise
   in any manner with respect thereto and whether or not the same shall be assessed against or
   in the name of Lessor or Lessee. However, Lessee shall not be required to pay or discharge
   any such tax or assessment so long as it shall, in good faith and by appropriate legal
   proceedings, contest the validity thereof in any reasonable manner which will not affect or
   endanger the title and interest of Lessor to the Equipment; provided, Lessee shall reimburse
   Lessor for any damages or expenses resulting from such failure to pay or discharge.

11. Indemnity

   Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims,
   actions, suits, proceedings, costs, expenses, damages, and liabilities, including reasonable
   attorney's fees and costs, arising out of, connected with, or resulting from Lessee's possession
   or use of the Equipment, including without limitation, the manufacture, selection, delivery,
   possession, use, operation, or return of the Equipment. Such indemnification shall survive the
   expiration, cancellation, or termination of this Lease Agreement.

12. Default

   If Lessor or Lessee is in default under the Lease Agreement, the party seeking enforcement
   may reduce the other party's claim to judgment, or otherwise enforce the Lease Agreement
   by self-help or any available judicial or non-judicial procedure, including administrative
   proceeding, arbitration, or the like.

   By Lessor:

   Lessor shall be in default of this Lease Agreement if:

   a. Lessor fails to deliver the Equipment in conformity to the Lease Agreement; or




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   b. Repudiates the Lease Agreement.

   By Lessee:

   Lessee shall be in default of this Lease Agreement if:

   a. Lessee wrongfully rejects or revokes acceptance of Equipment; or

   b. Lessee shall fail to make any payment due under the terms of this Lease Agreement for a
      period of ___________ (___) [◊ Ten (10)] days from the due date thereof; or

   c. Lessee shall fail to observe, keep, or perform any other provision of this Lease
      Agreement; or

   d. Lessee has made any misleading or false statement in connection with, application for, or
      performance of this Lease Agreement; or

   e. The Equipment or any part thereof shall be subject to any lien, levy, seizure, assignment,
      transfer, bulk transfer, encumbrance, application, attachment, execution, sublease, or sale
      without prior written consent of Lessor, or if Lessee shall actually or constructively
      abandon the Equipment or permit any other entity or person to use the Equipment without
      the prior written consent of Lessor; or

   f. Lessee dies or ceases to exist; or

   g.    Any proceeding under the Bankruptcy Act, as amended, is commenced by or against
        Lessee, or if Lessee is adjudged insolvent, or if Lessee makes any assignment for the
        benefit of his creditors, or if a writ of attachment or execution is levied on the Equipment
        and is not released or satisfied within a period of ___________ (___) [◊Ten (10)] days
        thereafter, or if a receiver is appointed in any proceeding or action to which Lessee is a
        party with authority to take possession or control of the Equipment.

13. Remedies

   To Lessor:

   1. If Lessee is in default under the Lease Agreement the Lessor may:

        a. cancel the Lease Agreement;

        b. proceed respecting Equipment not identified to the Lease Agreement;

        c. withhold delivery of the Equipment and take possession of Equipment previously
           delivered;

        d. stop delivery of the Equipment by any bailee;

        e. dispose of the Equipment and recover damages, or retain the Equipment and recover
           damages, or in a proper case recover rent;


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       f. exercise any other rights or pursue any other remedies provided in the Lease
          Agreement.

   2. If Lessor does not fully exercise a right or obtain a remedy to which Lessor is entitled as
      per the foregoing, Lessor may recover the loss resulting in the ordinary course of events
      from Lessee's default as determined in any reasonable manner, together with incidental
      damages, less expenses saved in consequence of Lessee's default.

   3. If Lessee is otherwise in default under the Lease Agreement, Lessor may exercise the
      rights and pursue the remedies provided in the Lease Agreement which may include a
      right to cancel the Lease Agreement.

   To Lessee:

   1. If Lessor is in default under the Lease Agreeement Lessee may:

       a. cancel the Lease Agreement;

       b. recover so much of the rent and security as has been paid and is just under the
          circumstances;

       c. cover and recover damages as to Equipment affected whether or not it has been
          identified to the Lease Agreement, or recover damages for non delivery;

       d. exercise any other rights or pursue any other remedies provided in the Lease
          Agreement;

       e.    if the Equipment has been identified, recover it; or

       f. in a proper case, obtain specific performance or replevy the Equipment.

   2. If Lessor is otherwise in default under the Lease Agreement, Lessee may exercise the
      rights and pursue the remedies provided in the Lease Agreement, which may include a
      right to cancel the Lease Agreement.

   3. If Lessor has breached a warranty, whether express or implied, Lessee may recover
      damages.

14. Modification

   The parties hereby agree that this document contains the entire agreement between the parties
   and this Lease Agreement shall not be modified, changed, altered, or amended in any way
   except through a written amendment signed by all of the parties hereto.

15. Notice

   Any notice required or permitted under this Lease Agreement or under state law shall be
   deemed sufficiently given or served if sent by United States certified mail, return receipt
   requested, addressed as follows:


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   If to Lessor to:                            _____________________________________

                                               _____________________________________

                                               _____________________________________

                                               _____________________________________


   If to Lessee to:                            _____________________________________

                                               _____________________________________

                                               _____________________________________

                                               _____________________________________



Lessor and Lessee shall each have the right from time to time to change the place notice is to be
given under this paragraph by written notice thereof to the other party.

16. Validity

   If any provision of this agreement is held to be invalid, such invalidity shall not affect the
   validity or enforceability of any other provision of this agreement.

17. Assignment

   Lessee shall not assign this Lease Agreement or its interest in the Equipment without the
   prior written consent of Lessor.

18. Headings

   Headings used in this Lease Agreement are provided for convenience only and shall not be
   used to construe meaning or intent.

19. Governing law

   This Lease Agreement shall be governed, construed and interpreted by, through and under
   the Laws of the State of South Carolina.




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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the
date first here written;

______________________________________________

                       [Lessor] Signature

______________________________________________

                       Name of Lessor

______________________________________________

                        [Lessee] Signature

______________________________________________

                       Name of Lessee




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                                            EXHIBIT A

                  [Instruction: Insert description of equipment to be leased]




                                 EQUIPMENT DESCRIPTION


Sl.No      Manufacturer               Model                   Quantity          Serial Number


  1            ABC                      K27                       10                 NA




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                                            EXHIBIT B

                          [Instruction: Insert Term and payment plan]


                                         Term and Payment


         Number of         Rental        Lease term             Payable        End of lease
                          amount +       in months                              provision
S.NO      payment         applicant                      __________ Monthly
                            taxes
                                                        __________ Quarterly

                                                          __________ Others




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Description: This is an agreement to lease equipment pursuant to the specific terms and conditions as negotiated by the parties. It contains numerous standard provisions as well as opportunities for customization to address the specific needs of the parties. The agreement contains payment, indemnification and insurance provisions. However, it also contains a disclaimer of warranties and expressly states that the equipment is leased "as is" and with all faults. This document is useful for individuals or businesses located in South Carolina seeking to lease equipment without a warranty.
This document is also part of a package Essential South Carolina Legal Documents 145 Documents Included