Rental Terms & Conditions
StenoWorks: The Court Reporting Store
Our goal here at StenoWorks is to work with you to match your steno equipment needs with the most economical solution available. We hope we can exceed your expectations now and in the future as your career advances. Our Rent-to-Own and Rent Only programs are being used by many top schools and hundreds of students and professional court reporters nationwide. We know it is unmatched by any other program currently available.
STENOWORKS EQUIPMENT LEASE (RENT ONLY or RENT-TO-OWN) AGREEMENT
This Equipment Lease (this "Lease") is made effective as of the date of your initial payment and deposit, between StenoWorks (the "Lessor"), 5280 10th Avenue N, Suite #D, Lake Worth, Florida 33463, and customer ("Lessee"), referred to as “Lessee”, and states the agreement of the parties as follows:
WHEREAS Lessor desires to lease (rent) to Lessee, and Lessee desires to lease (rent) from Lessor, certain tangible personal property. Lessee and Lessor for the consideration hereafter named agree as follows:
EQUIPMENT SUBJECT TO LEASE. The Lessor shall lease the equipment listed on the website that is checked out and paid for through our recurring Paywhirl system. Before any equipment type can be changed the initial equipment must be returned.
LEASE TERM. This Lease shall begin on the start date of the initial payment date and shall continue through at least six (6) months for our rent-to-own plans and for at least three (3) months for our rent-only plans. After this date the lease will renew automatically and continue on a month to month basis until either party terminates this agreement in writing in a manner consistent with the terms of this Lease or ownership is achieved through completing the monthly payments in the Rent-to-Own program.
SECURITY DEPOSIT. In addition to the lease payment charge, the Lessee shall pay a security deposit, the amount specified by the type of equipment checked out, to the Lessor at the time that this Lease is signed. This deposit guarantees the full and faithful performance of the terms of this agreement. This deposit will be returned to the Lessee at the termination of this Lease, minus a re-stocking fee as per the plan chosen, subject to the option of the Lessor to apply it against Lease charges and damages. Any amounts refundable to the Lessee shall be paid within thirty (30) days after this Lease is terminated. The security deposit shall not bear interest. If the Lessee chooses to purchase after 6 months with the rent-to-own plan, 100% of the deposit is credited to the Lessee, along with 100% of the monthly rent.
PAYMENT TERMS. The Lessee shall make at least six (6) or three (3) payments of the initial monthly amount. The security deposit and the shipping is due before the equipment will be shipped and must be paid at the same time as the initial monthly payment. Changes to payment date must be requested at least 3 business days prior to the next payment date and subject to the sole discretion of the Lessor. The Lease payments shall be due whether or not the Lessee has received notice of a payment due.
PAYMENT TYPE. The Lessee shall authorize StenoWorks - The Court Reporting Store or any of their agents by agreeing to these terms and conditions to charge the monthly payments stated above and, if indicated, any deposits to the credit cards or debit cards listed in the equipment plan description. If the credit or debit card is cancelled, expires, or is invalid for any reason the Lessee’s must provide another credit or debit card which is accessible on the customer portal which is accessible at www.stenoworks.com. The Lessee’s will be personally liable for all charges and costs even if the credit card bank declines any such transactions.
SERVICE CHARGES. If any Lease installment is not paid within three (3) days of the due date, the Lessee shall pay to the Lessor a $25.00 late fee. If your credit card is declined for any reason and the installment remains unpaid, StenoWorks will notify you by email or phone. In the event that the Lessee’s debit or credit card declines more than once during the lease term; StenoWorks, at our discretion, has the right to require an additional $100.00 refundable deposit due within thirty (30) days of notice.Lease payments and service charges not received within thirty (30) days of the invoice due date will be assessed interest on the amount due from the invoice date through the date of payment of: 12% per annum. In the event of default in the payment of any of the said installments, said service charges, or said interest when due as herein provided, time being of the essence hereof, the Lessor, without notice or demand, declare the entire retail value of the equipment, then unpaid, immediately due and payable. The Lessor may, with or without notice to the Lessee, cause additional parties to be added hereto, or revise, extend, or renew the lease, or extend the time for making any installment provided for herein, or accept any installment in advance, all without affecting the liability of Lessor.
OPTION TO RENEW. If the Lessee is not in default upon the expiration of this six (6) month term, the Lessee shall have the option to renew this Lease on a month to month basis. If the Lessee did not fulfill their obligations in a full and faithful manner, than the Lessor can terminate this lease and demand the return of all equipment, eliminating any possibility of renewal or purchase.
LOCATION OF EQUIPMENT. The equipment shall be located at Buyer’s shipping address and shall not be removed permanently from that location without the Lessor's prior written consent. Lessee agrees to contact us if the equipment is moved.
SHIPPING. The Lessee shall pay for ground shipping in the continental US unless arrangements are made for expedited shipping. If Lessee desires expedited shipping the cost will be mutually agreed upon and stipulated for that service before the equipment ships. All shipping costs to return the writer to StenoWorks at the end of the Lease are the responsibility of the Lessee. At our discretion the Lessor will provide a shipping label to return the equipment. In that case, a return shipping fee will be deducted from your deposit.
CONTACT INFORMATION. It is the responsibility of the Lessee to notify the Lessor, in writing within seven (7) days, of any change of contact information including, but not limited to, phone numbers, email address, and street address.
CARE AND OPERATION OF EQUIPMENT. The equipment may only be used and operated in a careful and proper manner. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment.
ALTERATIONS. Lessee shall make no alterations to the equipment without the prior written consent of the Lessor. All alterations shall be the property of the Lessor and subject to the terms of this Lease.
WARRANTY. The Lessor shall provide in writing a written limited warranty that will cover the equipment for the duration of the lease or a period of two years, whichever is longer. In the event of a warranty issue requiring the equipment return, StenoWorks will expedite any repairs as per our warranty. Lessee expressly agrees to continue monthly lease payments if a warranty issue does occur. LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
MAINTENANCE AND REPAIR. The Lessee shall maintain at the Lessee's cost, the equipment in good repair and operating condition, allowing for reasonable wear and tear. Such costs shall include labor, material, parts, and similar items.
LESSOR'S RIGHT OF INSPECTION. The Lessor shall have the right to inspect, with a three (3) day prior notice given by phone, email or mail; the equipment during Lessee's normal business hours or, if kept at a home, within daylight hours.
RETURN OF EQUIPMENT. At the end of the Lease term, the Lessee shall be obligated to return the equipment to the Lessor at the Lessee's expense.
OPTION TO PURCHASE. If the Lessee is not in default under this Lease, the Lessee in any Rent-To-Own program shall have the option to purchase the equipment for the remaining balance due as per their lease. The Lessee shall provide written notice to the Lessor of such intent at least seven (7) days prior to exercising this option.
ACCEPTANCE OF EQUIPMENT. The Lessee shall inspect each item of equipment delivered pursuant to this Lease. The Lessee shall immediately notify the Lessor by email at [email protected] or by mail at StenoWorks, Inc., 5280 10th Avenue N, Suite D, Greenacres, FL 33463 of any discrepancies between such item of equipment and the description of the equipment. If the Lessee fails to provide such notice in writing within 7 day(s) after the delivery of the equipment, the Lessee will be conclusively presumed to have accepted the equipment.
OWNERSHIP AND STATUS OF EQUIPMENT. The equipment will be deemed to be personal property, regardless of the manner in which it may be attached to any other property. The Lessor shall be deemed to have retained title to the equipment at all times, unless the Lessor transfers the title by final sale. The Lessee shall immediately advise the Lessor regarding any notice of any claim, levy, lien, or legal process issued against the equipment and agrees to indemnify and hold harmless the Lessor of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, to the extent caused by or arising out of the provisions in this Lease. The Lessor enjoins the Lessee from offering the leased equipment up as collateral or for sale or being the subject of any creditor action, or otherwise disposing of the property. The Lessor is entitled to injunction relief without the necessity of posting bond.
RISK OF LOSS OR DAMAGE. The Lessee assumes all risks of loss or damage to the equipment from any cause, and agrees to return it to the Lessor in the condition received from the Lessor, with the exception of normal wear and tear, unless otherwise provided in this Lease. If the equipment is returned in non-working order, is damaged, or has excessive wear and tear; the cost of the equipment or repair will be subtracted from your deposit with the balance charged to your credit or debit card.
INDEMNITY OF LESSOR FOR LOSS OR DAMAGES. Unless otherwise provided in this Lease, if the equipment is damaged or lost, the Lessor shall have the option of requiring the Lessee to pay the Lessor to repair the equipment to a state of good working order or pay the replacement value of the equipment.
LIABILITY AND INDEMNITY. Liability for injury, disability, and death of workers and other persons caused by operating, handling, or transporting the equipment during the term of this Lease is the obligation of the Lessee, and the Lessee shall indemnify and hold the Lessor harmless from and against all such liability.
CASUALTY INSURANCE. The Lessee shall insure the equipment in an amount sufficient to cover the replacement cost of the equipment.
DEFAULT. The occurrence of any of the following shall constitute a default under this Lease:
A. The failure to make a required payment under this Lease when due.
B. The violation of any other provision or requirement that is not corrected within 10 day(s) after written notice of the violation is given.
C. The insolvency or bankruptcy of the Lessee.
D. The subjection of any of Lessee's property to any levy, seizure, assignment, application or sale for or by any creditor or government agency.
RIGHTS ON DEFAULT. In addition to any other rights afforded the Lessor by law, if the Lessee is in default under this Lease, without notice to or demand on the Lessee, the Lessor may take possession of the equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Lessee responsible for any deficiency. The rights and remedies of the Lessor provided by law and this Agreement shall be cumulative in nature. The Lessor shall be obligated to re-lease the equipment, or otherwise mitigate the damages from the default, only as required by law. If suit be commenced on said Lease, the parties hereto jointly and severally agree to pay to the Lessor a reasonable attorney fee. The Lessee agrees to pay a reasonable collection charge should collection be referred to a collection agency or to the payee`s collection facilities. The collection actions, including the use of credit bureaus, administrative offset, holdup lists, suspension of eligibility, liquidation of collateral, collection agencies or litigation (which would include any costs incurred as a result of litigation such as court and travel costs), made available under the laws and standards cited above will be used as necessary to ensure the collection of the amount due. Interest rates, administrative charges and penalties are subject to change. Lessee affirms the Lessor shall not be deemed liable or responsible, whether by claim of agency relationship or otherwise, for the actions of any third party retained by Lessor for the enforcement of the provisions herein, including, but not limited to, collection agents.
NOTICE. All notices required or permitted under this Lease shall be deemed delivered when delivered in person, by email, or by mail, postage prepaid, addressed to the appropriate party at the address shown for that party at the beginning of this Lease.
ADDITIONAL DOCUMENTS. If Lessor shall so request, Lessee shall execute and deliver to Lessor such documents as Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of Lessor in the Equipment including, but not limited to a UCC financing statement.
ASSIGNMENT. The Lessee shall not assign or sublet any interest in this Lease or the equipment or permit the equipment to be used by anyone other than the Lessee or Lessee's employees, without Lessor's prior written consent.
ENTIRE AGREEMENT AND MODIFICATION. This Lease constitutes the entire agreement between the parties. No modification or amendment of this Lease shall be effective unless in writing and signed by both parties. This Lease replaces any and all prior agreements between the parties.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Florida.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provision of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.
CERTIFICATION. Lessee certifies that the application, statements, trade references, and financial reports submitted to Lessor are true and correct and any material misrepresentation will constitute a default under this Lease.
ARBITRATION. Any controversy or claim relating to this Lease, including the construction or application of this Lease, will be settled by binding arbitration under the rules of the American Arbitration Association, and any judgment granted by the arbitrator(s) may be enforced in any court of proper jurisdiction.
By accepting these terms and conditions on our website the Lessee acknowledges and agrees to all provisions.
Doc effective as of 03/03/2020 rev