Agreement, and (ii) our original manual signature. Any change must be in writing signed by each party. UNCONDITIONAL GUARANTY: The undersigned ...
Unconditional Guaranty Definition | Law Insider
CUSTOMER ("YOU") INFORMATION
FULL LEGAL NAME:
CUSTOMER'S ADDRESS: EQUIPMENT INFORMATION QTY TYPE, MAKE, MODEL NUMBER AND INCLUDED ACCESSORIES
EDGE Envelope Press, Conveyor, Drop Tray, FlexMail Advanced, Navigator RIP Software
AGREEMENT NO.: SERIAL NO.
EQUIPMENT LOCATION: TERM IN MONTHS:
MONTHLY PAYMENT AMOUNT: $
(PLUS TAX)
SECURITY DEPOSIT: $
SEE SCHEDULE
PURCHASE OPTION*: FAIR MARKET VALUE
ADDITIONAL TERMS AND CONDITIONS
AGREEMENT. You want us to now provide you the equipment and/or software referenced herein applicable, against any claims, losses or damages, including attorney fees, in any way relating to the
("Equipment") and you unconditionally agree to pay us the amounts payable under the terms of this Equipment or data stored on it. In no event will we be liable for any consequential or indirect damages.
agreement ("Agreement") each period by the due date. This Agreement is binding upon our acceptance INSURANCE. You agree to maintain commercial general liability insurance acceptable to us. You also
hereof and will begin on the date the Equipment is delivered to you or any later date we designate. We may agree to: 1) keep the Equipment fully insured against loss at its replacement cost, with us named as loss
charge you a one-time origination fee of $99.50. If any amount payable to us is past due, you will pay a late payee; and 2) provide proof of insurance satisfactory to us no later than 30 days following the
charge equal to: 1) the greater of ten (10) cents for each dollar overdue or twenty-six dollars ($26.00); or 2) commencement of this Agreement, and thereafter upon our written request. If you fail to maintain
the highest lawful charge, if less. Any security deposit will be returned upon full performance.
property loss insurance satisfactory to us and/or you fail to timely provide proof of such insurance, we
NET AGREEMENT. THIS AGREEMENT IS NON-CANCELABLE FOR THE ENTIRE AGREEMENT have the option, but not the obligation, to secure property loss insurance on the Equipment from a
TERM. YOU AGREE THAT YOU ARE UNCONDITIONALLY OBLIGATED TO PAY ALL AMOUNTS DUE carrier of our choosing in such forms and amounts as we deem reasonable to protect our interests. If we
UNDER THIS AGREEMENT FOR THE ENTIRE TERM. YOU ARE NOT ENTITLED TO REDUCE OR SET- secure insurance on the Equipment, we will not name you as an insured party, your interests may not be
OFF AGAINST AMOUNTS DUE UNDER THIS AGREEMENT FOR ANY REASON.
fully protected, and you will reimburse us the premium which may be higher than the premium you would
EQUIPMENT USE. You will keep the Equipment in good working order, use it for business purposes only pay if you obtained insurance, and which may result in a profit to us through an investment in
and not modify or move it from its initial location without our consent. If we have entered into a separate reinsurance. If you are current in all of your obligations under the Agreement at the time of loss, any
arrangement with you for maintenance, service, supplies, etc. with respect to the Equipment, payments insurance proceeds received will be applied, at our option, to repair or replace the Equipment, or to pay
under this Agreement may include amounts owed under that arrangement, which amounts may be invoiced us the remaining payments due or to become due under this Agreement, plus our booked residual, both
as one payment for your convenience, and which amounts may be subject to change from time to time discounted at 3% per annum.
based on that arrangement.
TAXES. We own the Equipment. You will pay when due, either directly or by reimbursing us, all taxes
POSTAGE DEVICES. Postage measurement devices referenced herein which are subject to a separate and fees relating to the Equipment and this Agreement. Sales or use tax due upfront will be payable
rental agreement between you and us are not part of the Equipment and your use and the ownership of over the term with a finance charge.
such devices will be governed exclusively by your rental agreement with us. You will need to reference your END OF TERM. At the end of the term of this Agreement (or any renewal term) (the "End Date"), this
rental agreement with us for the term of, and your rights and obligations under, the rental agreement. For Agreement will renew month to month unless a) you provide us written notice, at least 90 days prior to
your convenience, payments under this Agreement may include the rental amounts you owe us under the the End Date, of your intent to return the Equipment, and b) you timely return the Equipment to the
rental agreement.
location designated by us, at your expense. If a Purchase Option is indicated above and you are not in
SOFTWARE/DATA. Except as provided in this paragraph, references to "Equipment" include any software default on the End Date, you may purchase the Equipment from us "AS IS" for the Purchase Option
referenced above or installed on the Equipment. We do not own the software and cannot transfer any price. If the returned Equipment is not immediately available for use by another without need of repair,
interest in it to you. We are not responsible for the software or the obligations of you or the licensor under you will reimburse us for all repair costs. You cannot pay off this Agreement or return the Equipment
any license agreement. You are solely responsible for protecting and removing any confidential prior to the End Date without our consent. If we consent, we may charge you, in addition to other
data/images stored on the Equipment prior to its return for any reason.
amounts owed, an early termination fee equal to 5% of the price of the Equipment.
LIMITATION OF WARRANTIES. EXCEPT TO THE EXTENT THAT WE HAVE PROVIDED YOU A DEFAULT/REMEDIES. If a payment becomes 10+ days past due, or if you otherwise breach this
WARRANTY IN WRITING, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING Agreement, you will be in default, and we may require that you return the Equipment to us at your
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU CHOSE expense and pay us: 1) all past due amounts and 2) all remaining payments for the unexpired term, plus
ANY/ALL THIRD-PARTY SERVICE PROVIDERS BASED ON YOUR JUDGMENT. YOU MAY CONTACT our booked residual, discounted at 3% per annum; and we may disable or repossess the Equipment and
US OR THE MANUFACTURER FOR A STATEMENT OF THE WARRANTIES, IF ANY, THAT THE use all other legal remedies available to us. You agree to pay all costs and expenses (including
MANUFACTURER IS PROVIDING. WE ASSIGN TO YOU ANY WARRANTIES GIVEN TO US.
reasonable attorney fees) we incur in any dispute with you related to this Agreement. You agree to pay
ASSIGNMENT. You may not sell, assign, or sublease the Equipment or this Agreement without our written us 1.5% interest per month on all past due amounts.
consent. We may sell or assign this Agreement and our rights in the Equipment, in whole or in part, to a UCC. If we assign rights in this Agreement for financing purposes, you agree that this Agreement, in the
third party without notice to you. You agree that if we do so, our assignee will have our assigned rights hands of our assignee, is, or shall be treated as, a "Finance Lease" as that term is defined in Article 2A
under this Agreement but none of our obligations and will not be subject to any claim, defense, or set-off of the Uniform Commercial Code ("UCC"). You agree to forgo the rights and remedies provided under
that may be assertable against us or anyone else.
sections 507-522 of Article 2A of the UCC.
LAW/FORUM. You agree that this Agreement and any claim related to this Agreement shall be governed MISCELLANEOUS. This Agreement is the entire agreement between you and us relating to our
by the internal laws of the state in which our (or, if we assign this Agreement, our assignee's) principal place providing and your use of the Equipment and supersedes any prior representations or agreements,
of business is located and any dispute concerning this Agreement will be adjudicated in a federal or state including any purchase orders. Amounts payable under this Agreement may include a profit to us. The
court in such state. You hereby consent to personal jurisdiction and venue in such courts and waive transfer parties agree that the original hereof for enforcement and perfection purposes, and the sole "record"
of venue. Each party waives any right to a jury trial.
constituting "chattel paper" under the UCC, is the paper copy hereof bearing (i) the original or a copy of
LOSS OR DAMAGE. You are responsible for any damage to or loss of the Equipment. No such loss or either your manual signature or an electronically applied indication of your intent to enter into this
damage will relieve you from your payment obligations hereunder. Except for claims, losses, or damages Agreement, and (ii) our original manual signature. Any change must be in writing signed by each party.
caused by our gross negligence or willful misconduct, you agree to indemnify us and our assignee, if
Owner ("we", "us"): FP Finance Signature: Print Name & Title:
Date:
Customer: (As Stated Above) Signature: Print Name & Title:
Date:
UNCONDITIONAL GUARANTY: The undersigned unconditionally guarantees that the Customer will timely perform all obligations under the above Agreement. The undersigned also waives any
notification if the Customer is in default and consents to any extensions or modifications granted to the Customer. In the event of default, the undersigned will immediately pay all sums due under the terms of the Agreement without requiring Owner to proceed against Customer or any other party or exercise any rights in the Equipment. The undersigned, as to this guaranty, agrees to the designated forum and consents to personal jurisdiction, venue, and choice of law as stated in the Agreement, agrees to pay all costs and expenses, including attorney fees, incurred by Owner related to this guaranty and the Agreement, waives a jury trial and transfer of venue, and authorizes obtaining credit reports.
SIGNATURE:
X
PRINT NAME:
DATE:
003247-FPP0101S90E(FPF)_0220
FP Finance Customer Agreement
FP Mailing Solutions
140 N. Mitchell Ct, Ste 200 Addison, IL 60101-5629 Tel: (800) 341-6052 www.fp-usa.com
CUSTOMER INFORMATION
Billing Address
Customer:
Department:
Street:
City:
County:
State:
Zip:
Tel:
Fax:
E-mail:
Contact Name:
Deliver To: Dealer
Customer
Existing Customers Only: check box if Billing Address has changed.
Term of Contract: ___________ Months
Shipping & Installation Address (if different than Billing)
Customer:
Department:
Street:
City:
County:
State:
Zip:
Tel:
Fax:
E-mail:
Contact Name:
Mailing Address: Same as Billing
Existing Customers Only: check box if Shipping/Install Address has changed.
PURCHASED EQUIPMENT INFORMATION
Item #
Item Description
EDGE Print Press Package
Terms and Conditions: By signing below, I hereby acknowledge and agree that FP's standard shipping rates and the additional terms and conditions available on the FP website at www.fp-usa.com/terms-conditions are applicable to, and incorporated by reference into, this agreement. (If you do not have access to the internet, please contact FP directly at 800.341.6052 and we will provide you with a copy for your records.)
CUSTOMER ACCEPTANCE (please complete all fields)
Customer Acceptance of Terms
Dealer Information
Print Name of Authorized Representative: Tel: Tax ID:
X Authorized Signature:
Date:
State:
Selling Dealer Name: Address: Tel: Sales Representative Name: Servicing Dealer Name:
DEALER & INTERNAL USE ONLY
New Customer Existing Customer Name Change Upgrade From: If Upgrading From An EZLEASE, List The Contract #: EZLEASE Contract #: FP Existing Account No.:
Major Account: Master Billing Acct. No.: Master Postage Acct. No.:
Dealer #:
Fax:
Svc. Dealer #:
Promo Code: _________________________________ Package Code: _______________________________
Price or Terms Exception Approval (attach copy) Tax-Exempt Certificate Attached
FM_MG_RENTFPFI_01
Revised 4/2/18
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