7004 CONVOY CT
SAN DIEGO, CA 92111-1017
Russ D Odom < email@example.com > Printed: 7/23/2004 9:07 AM
Bill To: Ship To:
Foretec Foretec Workorder: 79426
Rebecca Bunch Rebecca Bunch P. O. Number: 04-054
1895 Preston White Dr ste 100 Sheraton HI Room________? Terms: C.O.D.
Reston, VA 20191 San Diego, CA 92101 Date Needed: 7/28/2004
Phone: 703-620-9053 Phone: cell______________? Delivery Time: AM tbd
Rental Date: 7/28/2004 Rental Period: 9 Day Minimum Periods: 1 Operating System: N/A
Rental period begins 7/28/2004. Equipment must be re-rented or returned by 8/6/2004 PM tbd
Qty Description Unit Price Total
2 LASERJET 4050TN 1200DPI 17PPM LASER PRINTER 170.00 340.00
2 LASERJET 4050TN 1200DPI 17PPM LASER PRINTER w/duplexing tray 245.00 490.00
(upgrade to LASERJET 4100TN 1200DPI 25PPM LASER PRINTER w/duplexing tray add $50 ea)
4 backup toner provided ~ $115 if not returned. Partial Toner Policy: 0-1000 pages printed =N/C, $25 per 0.00 0.00
each additional complete 500 page increment per printer. X_____
1 Delivery and Pickup Charge M-F, 9-5 *Add $50 for each portion outside regular hours 75.00 75.00
Prices good through EOB 7/23/04. With less than 3 working days notice, additional shipping and handling charges may apply.
Russ D Odom
Lessor: Bit-by-Bit Computers, Inc.
Lessee: (Print Name)
X By Title X
Lessee: (I have read and so accept all provisions above and on the attached Received By:
RENTAL CONTRACT, including the cancellation policy.)
CC# Exp. Chk #
Delivered By: a.m / p.m.
Returned By: a.m / p.m.
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This contract is made and entered into on the date noted on the attached RENTAL AGREEMENT, by and between the noted "Lessor" and the noted
Lessor is renting the computers, including certain operating system software, and related peripheral equipment specified on the attached RENTAL
AGREEMENT (collectively, the "Computer Equipment") to Lessee and Lessee is renting the Computer Equipment from Lessor pursuant to the terms and
conditions set forth on the attached RENTAL AGREEMENT.
1. The rent payment due per rental period for the Computer Equipment is due by the beginning day of each period.
2. The minimum rental period is defined in the attached RENTAL AGREEMENT. There will be no proration on payment for any Computer Equipment
3. Title to the Computer Equipment shall remain with Lessor.
4. Lessee shall not have the right to assign, transfer or otherwise dispose of this contract or any of the Computer Equipment.
5. Lessee will pay Lessor the full replacement cost of any Computer Equipment which is not returned by Lessee to Lessor in good condition, regardless of
the reason therefor and regardless of any insurance which may be applicable. Lessee shall bear all risk of loss, damage to, destruction of, or theft of the
Computer Equipment. Any insurance carried by Lessee shall be primary to any insurance which may be carried by Lessor.
6. EXCEPT AS SET FORTH IN THIS PARAGRAPH, LESSOR MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND EXPRESSLY DISCLAIMS
THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Lessor warrants that the Computer Equipment will conform to
the descriptions set forth on the reverse side of this contract and will operate in accordance with the manufacturer's specifications. Lessor's sole liability
for breach of this warranty will be to: (a) repair or replace any defective Computer Equipment, and then only after Lessee gives Lessor notice (the Defect
Notice) specifying the defect; and (b) give Lessee a rent credit for the defective Computer Equipment for the time commencing with the date Lessor
receives the Defect Notice and ending with the date the defective Computer Equipment is repaired of replaced. Some states do not allow limitations on
how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have
other rights which vary from state to state. IN NO EVENT WILL LESSOR BE LIABLE FOR ANY LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF USE,
LOSS OF INFORMATION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY SPECIAL OR CONSEQUENTIAL OR INCIDENTAL DAMAGES SUFFERED OR
SUSTAINED BY LESSEE, WHETHER ARISING UNDER CONTRACT, TORT OR ANY OTHER THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRECEDING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. In the event Lessee fails to timely pay the rental required by this contract, fails to promptly return the Computer Equipment, or otherwise defaults in
its obligations under this contract, Lessor shall be entitled to exercise each of the following remedies, in addition to all other remedies available under
A. Repossess the Computer Equipment and enter Lessee's premises in order to do so.
B. Asses a late payment fee in the amount of 1.5% per month of the delinquent rent or $15.00 per month, whichever is greater.
D. Report Lessee's failure to promptly return the equipment as a potential crime.
E. Retain any and all of Lessee's data which is in the memory of any repossessed Computer Equipment until such time as Lessee has paid all rent
due for the minimum rental period and all other sums hereunder.
F. Charge Lessee's credit card, specified in this contract for the amount of any delinquent payment and for the
replacement cost of any Computer Equipment which is not promptly returned, or which is returned in damaged condition.
G. Declare the entire rent for the minimum term due and payable.
H. The foregoing remedies are not mutually exclusive. Lessor may exercise any or all of these remedies at Lessor's election.
8. Lessee agrees to pay Lessor's reasonable attorney fees, costs and expenses incurred in enforcing this contract, whether or not any legal proceeding is
initiated, and if such proceeding is initiated, the losing party will pay the prevailing party's reasonable attorney fees at trial and on appeal. Lessee shall
also pay Lessor's reasonable attorney fees incurred in connection with any bankruptcy proceeding involving Lessee or the Computer Equipment.
9. Upon signing this contract, Lessor may require Lessee to pay the rent due for the first rental period.
10. Lessee shall pay Lessor a special handling fee of $15 for each check of Lessee which is not honored by the Lessee's financial institution. In addition,
Lessor may, at its option, treat any dishonored check as a default in the payment of the obligation the dishonored check was tendered to pay.
11. Oregon law, without resort to its choice of laws provisions, govern this contract. The parties consent to the jurisdiction of and venue in any state or
federal court located in Lane County or Multnomah County, Oregon. This means Lessor may file suit against Lessee in any court located in Lane County or
Multnomah County, Oregon. This contract constitutes the entire agreement between the parties pertaining to the Computer Equipment. No rule of
construction resolving ambiguities against a party drafting a document shall apply to the interpretation or construction of this contract.
12. Lessee shall have the right to cancel this contract after its execution and prior to Lessee's receipt of any of the Computer Equipment by and only by
giving written notice thereof to Lessor and paying Lessor, at the time of cancellation notice, the sum of: (a) 50% of the rental for the minimum rental
period if the cancellation is received by Lessor less than 24 hours (not including weekends and holidays) before the beginning of the Rent Period; or (b)
25% of the rental minimum rental period if the cancellation is received by Lessor more than 24 hours and less than 72 hours (not including weekends and
holidays) before the beginning of the Rent Period.
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