1. LEASE. Fortify Security ("Lessor") hereby leases to the Customer ("Lessee") and Lessee hereby leases and rents from Lessor, the equipment known as "Sentry," a temporary security station consisting of cameras, lights, strobes, and a horn speaker.
2. WARRANTIES. Lessee shall inspect Sentry promptly upon its delivery to Lessee and shall promptly notify Lessor in writing of any defect in the equipment. Fortify Security ("Lessor") warrants that Sentry, a custom-assembled product utilizing parts from various manufacturers, will be free from defects in materials and workmanship under normal use and service during the lease term, provided that Lessee is in good standing with payment and other terms of the lease.
In the event of a naturally caused malfunction, Lessee shall notify Lessor, and Lessor will request that Sentry be shipped back to Fortify. Once received, Sentry will be inspected, repaired, and shipped back to the customer free of charge. If Fortify finds that there has been tampering, misuse, malpractice, or any other type of damage caused by the Lessee, Fortify reserves the right to withhold Sentry and/or the security deposit. LESSEE ACKNOWLEDGES THAT WHILE FORTIFY IS THE MANUFACTURER OF THE CUSTOM ASSEMBLY, FORTIFY IS NOT THE MANUFACTURER OF INDIVIDUAL COMPONENTS USED IN SENTRY, AND THAT THIS WARRANTY DOES NOT EXTEND TO SUCH COMPONENTS BEYOND THE WARRANTIES PROVIDED BY THEIR ORIGINAL MANUFACTURERS.
Lessee accepts the full risk of the rental and use of Sentry and hereby releases Lessor from any and all claims relating to Sentry or the use thereof, except as expressly provided in this warranty.
3. NO ORAL AGREEMENTS. No oral promise, representation, warranty, modification, or other agreement between Lessor and Lessee shall be binding. None of the terms of this Lease shall be changed or modified except in writing signed by Lessor and Lessee.
4. DELIVERY. Sentry shall be delivered to Lessee at its address shown above. The date on which Lessee takes possession of Sentry at such location is hereinafter referred to as the “Delivery Date.” Lessee will pay Lessor a pick-up and delivery charge as shown on SCHEDULE A hereto in addition to rent for the delivery of Sentry. Sentry will be shipped directly to the customer once ordered. Sentry ships within 7-10 business days of ordering. CUSTOMER IS RESPONSIBLE TO KEEP THE ORIGINAL PACKAGING TO RETURN SENTRY BACK TO FORTIFY AT THE END OF THE TERM. IN THE CASE THAT THE CUSTOMER LOSES THE ORIGINAL BOX AND PROTECTIVE FOAMS AND MATERIALS, FORTIFY HAS THE RIGHT TO WITHHOLD ANY AND OR ALL FUNDS FROM THE SECURITY DEPOSIT FOR COMPENSATION OF LOST PACKAGING AND OR HARM THAT MAY HAVE BEEN CAUSED DUE TO WRONGFUL PACKAGING BY THE CUSTOMER.
5. TERM. The term of this Lease shall commence on the Delivery Date and shall continue for each item of the Equipment for the period set forth on SCHEDULE A hereto.
6. RENT FOR EQUIPMENT. Lessee will pay to Lessor as rent for the use of each item of the Equipment, an amount equal to the Base Rent set forth on SCHEDULE A hereto, which shall be payable upon execution of this Lease or otherwise as the parties shall agree. Additionally, if any item of the Equipment is operated by Lessee more than the average “DAILY ALLOWED HOURS,” during the term, Lessee shall pay Lessor, at the end of the term, an amount equal to the Excess Use Charge for such item of Equipment, as set forth on SCHEDULE A. No portion of the rent shall be deemed to constitute payment for any equity interest in the Equipment. Lessee agrees to payment of all rent provided for in this Lease regardless of any problems Lessee may have with the Equipment, including its operation, condition, capability or repair, and regardless of any claim, setoff, or defense Lessee might have against the manufacturer.
Lease Terms for Sentry:
Month-to-Month: $799/month
12-Month Term: $699/month (requires a commitment of a minimum of 12 months; after the term, it converts to a month-to-month commitment at $699/month)
24-Month Term: $649/month (requires a commitment of a minimum of 24 months; after the term, it converts to a month-to-month commitment at $649/month)
Security Deposit:
All lease agreements require a $2000 security deposit paid at the time of rental. The security deposit will be held until all hardware is returned and inspected. If during inspection, any damage, harm, missing components, tampering, etc., are found, Fortify has the right to withhold any or the entire amount of the security deposit. Fortify also reserves the right to withhold the security deposit or a portion thereof for compensation of lost packaging or harm caused due to wrongful packaging by the customer.
Non-Payment:
If Fortify does not receive payment for the lease, Fortify has the right to suspend and stop service on the leased equipment.
7. USE. Lessee shall use the Equipment in a careful and lawful manner and assumes all risks, releasing Lessor from all claims, relating to the use thereof. Lessee shall not permit any person to operate the Equipment other than Lessee’s trained employees. Sentry can act as a burglary alarm system, using the cameras as motion detection to then contact designated representatives or police officials.
8. PERSONNEL TRAINING. Lessee shall ensure that all personnel using the Equipment are properly trained in the use and/or maintenance thereof.
9. MAINTENANCE; ALTERATIONS. During the term of this Lease, Lessee shall keep the equipment in good working condition, but shall not repair, modify, or otherwise disassemble any portion of the Equipment. Lessee shall return the Equipment to Lessor at the end of the term in the same condition as the Equipment was in on the Delivery Date. Lessee shall not make any alterations, additions, or improvements to the Equipment and shall in no way alter, remove, or disable any safety devices relating to the Equipment.
10. INSURANCE. During the term of this Lease, Lessee shall keep the Equipment insured at Lessee’s expense against risks of loss or damage to the Equipment, such coverage to be in the amount of the replacement value or fair market value of the Equipment, whichever is greater. During the term of this Lease, Lessee will obtain and maintain, at its own expense, public liability and property damage insurance with respect to the Equipment or the use thereof, with minimum limits of $1,000,000.00 combined single limit. Prior to the commencement of the term of this Lease, Lessee shall furnish Lessor with a Certificate of Insurance or other evidence satisfactory to Lessor demonstrating that such coverages are in place and the Lessor has been named as loss payee/additional insured with respect to such coverages.
11. THEFT, LOSS, OR DAMAGE. Lessee is responsible for Sentry from the time of delivery until it is returned to Lessor. In the event of theft, loss, or damage to the Equipment, Lessee shall immediately notify Lessor. Lessee is liable for the full replacement cost of the Equipment in cases of theft or loss. For damages, Lessee is liable for the cost of repairs. If the Equipment is not returned at the end of the Lease Term or is returned in a damaged condition, Fortify has the right to withhold any or the entire amount of the security deposit to cover the costs.
12. INDEMNITY. Lessee shall and does hereby agree to indemnify and save Lessor, its agents, successors, and assigns, harmless from any and all liability, claims, damages, or loss, including reasonable attorneys’ fees, arising out of Lessee’s possession, leasing, operation, control, or use of the Equipment during the term of this Lease. Lessee shall, at Lessor’s discretion, appear and defend any such action and pay the cost of the defense of any such action brought against Lessor, either alone or in conjunction with others, upon any such liability or claim. Lessee shall satisfy, pay, and discharge any and all judgments and fines that may be recovered against Lessor in any such action, provided that Lessor gives Lessee written notice of any such claim. The obligations to indemnify with respect to matters occurring or arising during the term of this Lease shall continue in full force and effect notwithstanding the termination or expiration of this Lease.
13. SUCCESSORS AND ASSIGNS. The provisions of this Lease shall bind and benefit all successors and assigns of the parties.
14. NOTICES. Service of all notices under this Lease shall be sufficient if given personally or mailed to the party involved at its respective address set forth above or at such other address as such party may provide in writing from time to time for that purpose. Any such notice mailed to said address shall be effective when deposited in the United States mail, duly addressed, and with postage prepaid.
15. SEVERABILITY. If any provision of this Lease is held invalid or unenforceable, the remainder of this Lease will not be affected thereby and to this end the provisions of this Lease are declared severable.
16. AMENDMENTS AND WAIVERS. This Lease constitutes the entire agreement between Lessee and Lessor with respect to the Equipment. No express or implied waiver by Lessor of any event of default hereunder shall in any way be or be construed to be a waiver of any future or subsequent event of default whether similar in kind or otherwise.
17. ACCEPTANCE OF TERMS. By clicking on the "I Agree to the Terms and Conditions" checkbox below and processing the payment for the order, the Customer acknowledges and agrees that they have thoroughly read, understood, and accepted all terms and conditions set forth in this Lease Agreement. The act of clicking the checkbox and processing the payment shall constitute the Customer's legally binding signature and acceptance of this Lease Agreement.
18. MISCELLANEOUS. No provision of this Lease can be waived except by the written consent of the Lessor. Lessee shall provide Lessor with such UCC-1 Financing statements and other documents as Lessor shall reasonably request from time to time. This Lease shall be governed by and construed in accordance with the laws of the State of California. Lessee agrees that any actions or proceedings to which Lessor is a party arising directly or indirectly from this Lease, shall be litigated in any state or federal court having situs within the State of California, and that said court shall have jurisdiction thereof.