Below is a preview of our Terms and Conditions. Please review them carefully and if you find them acceptable and/or have any questions regarding our terms and conditions, call us at 760-333-4846.
• LEASE OF ARTWORK
For and in consideration of the covenants and agreements hereinafter contained, to be kept and performed by lessee, lessor has leased and does hereby lease to lessee the personal property known and described as follows.
• DESCRIPTION OF ARTWORK LEASED
Lessor leases to lessee, and lessee leases from lessor the artwork:_____________________
• TERM OF LEASE
The term of this lease shall be from _________ to __________
• LEASE PAYMENTS
Lessee agrees to pay lessor lease payments in the amount of _______ in advance per month on the first calendar day of each month. A late payment charge of $25.00 shall be imposed for every payment not made on or before the due date.
• SECURITY DEPOSIT
On the execution of this agreement, lessee shall deposit with lessor the sum of ________ as security for the faithful performance by lessee of the terms and conditions of this lease. If lessee fully complies with the terms and conditions, the deposit shall be refunded to lessee upon termination of this lease. Should lessee fail to comply with any of the terms, such deposit may be applied by lessor to the payment of the costs and expenses, including attorney fees, incurred by lessor because of such default. Such deposit shall not be considered as payment for lease payments or from any of the obligations assumed by lessee.
• MAINTENANCE, REPAIRS & SAFEKEEPING
Lessee shall be responsible for the maintenance and safety of the leased artwork. (Cleaning and the like) Due to the nature of giclees, consider adding; Lessor shall or has provided specific cleaning instructions for these prints.
Insurance covering loss by fire, theft, flood, and all other incidental damages, in the amount of ________ will be maintained by the lessee with an insurance company acceptable to lessor, the premiums of which shall be paid by lessee. Lessee will promptly notify lessor of any loss, damage, or incident that may give rise to an insurance claim.
• INDEMNIFICATION OF LESSOR
Lessee shall and does hereby agree to protect and save lessor harmless against any and all losses or damage to the artwork caused by fire, flood, explosion, or theft and lessee. Lessee also agrees to promptly reimburse lessor, in cash, for any and all personal property taxes levied against artwork and paid by lessor.
• RISK OF LOSS OR DAMAGE
Lessee assumes all risks of loss or damage to any portion of the artwork leased not covered by insurance. All replacements or repair costs are at the expense of the lessee.
• RESERVATION OF TITLE
Equipment and all parts thereof shall, unless a purchase thereof is made as is herein provided and until full payment of such purchase price and all interest which may be due thereon is made in cash to the lessor, retain its character as personal property and the title thereon shall not pass to lessee but shall remain in lessor.
If lessee shall sell, assign or attempt to sell or assign, or any interest therein, or If lessee defaults in any of the covenants, conditions or provisions of this lease, it is agreed that lessor may immediately and without notice take possession of the artwork, wheresoever found and to remove and keep or dispose of the same and any unpaid rentals shall at once become due and payable.
• LOCATION & USE
Lessee shall use the above described artwork only in _______ , ___ and shall not at any time remove the same artwork from the lessee place of business located at ________, ________, _______ _________except in returning the same to lessor o except as may be permitted by lessor by consent thereto in writing.
• SECURITY INTEREST
Lessor reserves a security interest to secure performance of lessee’s obligations under this lease and has the right to file a UCC 1 form.
• OPTION TO PURCHASE
Lessee is granted the option to purchase any particular item of the artwork leased, provided lessee gives written notice to lessor of its intention to exercise the option at least ninety days prior to the date lessee intends to exercise the option. If the option is exercised at the termination of the lease, the price of each piece of artwork shall be as follows.
• NO ASSIGNMENT
Neither this lease and agreement nor any right or interest there under shall be assigned by lessee in any respect whatsoever.
• CHOICE OF LAW
This lease and agreement shall be deemed to have been executed and entered into the state of California and shall be construed, enforced and performed in accordance with the laws thereof.
• EXCLUSION OF ORAL STATEMENTS
This instrument contains all of the agreements of parties. No oral or other statements shall be binding on either of the parties hereto.
• DELIVERY AND ACCEPTANCE OF ARTWORK
On delivery, lessee shall immediately inspect each item of artwork delivered. Unless lessee notifies lessor in writing within three days from the time of actual delivery, specifying any defect or objection to the artwork, lessee will be conclusively presumed to have fully inspected and acknowledged that the artwork is in good condition, and that lessee is satisfied with and has accepted the artwork in good condition
• RETURN OF ARTWORK
On termination of the lease for any reason whatsoever, lessee shall return the leased artwork to the lessor in as good condition as when received.