YOU HEREBY ACKNOWLEDGE AND CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE ENTIRETY OF THIS AGREEMENT, WHICH BECOMES EFFECTIVE IMMEDIATELY UPON YOUR ACT OF CLICKING THE TERMS AND CONDITIONS CHECKBOX OR SIGNING THIS DOCUMENT. YOU FURTHER UNDERSTAND AND AGREE THAT THIS AGREEMENT MAY BE MODIFIED BY LESSOR UPON AT LEAST 30 DAYS’ WRITTEN NOTICE, PUBLISHED AT JMTEXASRENTALS.COM, AND THAT YOUR CONTINUED USE OF ANY EQUIPMENT AFTER THE EXPIRATION OF THE NOTICE PERIOD CONSTITUTES YOUR AGREEMENT TO ANY MODIFICATIONS TO THIS AGREEMENT.  

 

TERMS OF SERVICE, EQUIPMENT RENTAL AGREEMENT, CREDIT REPORT AUTHORIZATION, AND CREDIT CARD AUTHORIZATION AGREEMENT

 

1    Definitions
The following definitions apply throughout this Agreement:

  
1.1.    "Base Monthly Rent” means the monthly rent associated with the Equipment the Lessee leases from the Lessor, exclusive of any tax, optional charge, or other fee. 
 

1.2.    “Equipment” means any appliance, including but not limited to any washer and/or dryer, furnished by the Lessor or its agents, affiliates, or designees under this Agreement.
 

1.3.    “Rent” means the Base Monthly Rent plus any applicable tax, optional charge, or other fee.
 

1.4.    "Replacement Value" means the cost to replace the Equipment with new Equipment of like kind and quality, plus administrative and other fees associated with the replacement.
 

1.5.    “Term” means the period beginning with the commencement of this Agreement and ending with its termination in accordance with Paragraph 3.1.
 

1.6.    "Total Loss" means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.
 

 

2    Lease
 

2.1    The Lessor agrees to lease the Equipment to the Lessee, and the Lessee agrees to lease the Equipment from the Lessor in accordance with the terms of this Agreement (the “Lease”). 
 

 

3    Term
 

3.1    The Lease commences on the date the Lessee assents to this Agreement and continues for a fixed term of 6 months after which it

converts to a month-to-month lease until its termination in accordance with this Agreement.  
 

3.2    Either Party may terminate the Lease by providing the other Party written notice of the intent to terminate on or before the next monthly renewal date, which terminates the lease at the end of that monthly rental period, provided that the Lessee has returned the Equipment to the Lessor, in accordance with the Lessor’s reasonable instructions, and all amounts due have been paid. 
 

3.3    Notwithstanding the foregoing, the Lessor may terminate immediately if (1) the Lessee fails to make any payment due under this Agreement; or (2) the Lessor, in its sole discretion determines continuation of the Lease may have an adverse effect on the life, health, safety, or property of any person. 
 

 

4    Rent
 

4.1    The Rent will be paid in installments in advance. The initial Rent payment, which must be paid before delivery of the Equipment, consists of the Base Monthly Rent; the Optional Damage Waiver (the “ODW”), if the Lessee opts in; processing and other fees; a $35 charge for delivery; and any applicable taxes. 
 

4.2    The next Rent payment begins one month from the date of delivery with each subsequent Rent payment due on the same day of each subsequent calendar month throughout the Term and until the Equipment is received by Lessor and the Lessor has paid all amounts owed under this Agreement. 
 

 

5    Equipment Leased
 

5.1    The Lessee has selected the package and associated Base Monthly Rent indicated in the initial invoice. 
 

5.2    The Lessee acknowledges that pre-owned appliance may have minor cosmetic flaws that do not affect their use.
 

 

6    Replacement Value
 

6.1    The Replacement Value of the equipment is as follows and subject to change from time to time at the sole discretion of Lessor:
 

Plan Option    Washer    Dryer   Gas Dryer    Stacked    Stacked Gas
Essentials         $680       $680       $830          $1,500        $1,650 
Upgraded         $780       $780       $920            N/A               N/A
Premium           $850       $850     $1,050           N/A               N/A

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7    Delivery of Equipment
 

7.1    The Lessor or Lessor’s independent, third-party contractor will deliver the Equipment to the Lessee at the address indicated on the initial invoice.  
 

 

8    Transfer of Equipment
 

8.1    The Lessor will not move the Equipment after the initial delivery. Any movement of the Equipment after the initial delivery is at the sole risk of the Lessee. 
 

8.2    If the Lessee desires to move the Equipment to a new address, the Lessee must provide the Lessor at least seven days’ written notice, which must contain the new address and the date of the move. A move fee may be charged to the Lessee for this service.
 

8.3    Notwithstanding anything else in this Agreement, the Lessor reserves the right to disapprove the move of the Equipment and terminate the Lease by written notice to the Lessee delivered within three business days of the Lessor’s receipt of the Lessee’s written notice of the move. 
 

8.4    The Lessee bears all costs associated with the move, including but not limited to (1) direct damages, such as damages paid to compensate for damage to the Equipment during the move; (2) consequential damages, such as Lessor’s lost profits due to the Equipment coming out of service; and (3) any judgment, award, costs, damages, fines, costs, and attorney’s fees arising out of or related to this the Lessee’s post-delivery move of the Equipment. 
 

 

9    Use of Equipment
 

9.1    The Lessee will use the Equipment in a manner consistent with the manufacturer's specifications, requirements, and recommendations and with any applicable law.
 

9.2    The Lessee will use the Equipment for the purpose for which it was designed and no other. 
 

9.3    Unless the Lessee obtains the prior written consent of the Lessor, the Lessee will not alter, modify, or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment. 
 

 

10    Key Release Authorization
 

10.1    Access to Leased Equipment Lessor and its authorized agents, employees, or independent contractors shall have the right to access the Equipment leased under this agreement that is located on the premises of Lessee's apartment for the purposes of delivery, installation, repair, routine maintenance, replacement, removal, or retrieval due to Lessee's default or delinquency in payment.
 

10.2    Lessor shall provide at least 24 hours advance notice to Lessee before accessing the apartment, except in cases of emergency repairs or retrieval of equipment after default, in which case notice is not required. 
 

10.3    Lessee hereby authorizes the apartment management office to provide Lessor or its authorized agents with access and a key to Lessee's apartment in order to access the leased equipment for the stated purposes in Lessee's absence, provided such access is gained without undue disturbance. 
 

10.4    Lessee agrees to submit any form or request the management of Lessee’s apartment building or complex may require to grant the Lessee or its authorized agents access and a key for the reasons and in the matter stated immediately above. 
 

10.5    Any entry by Lessor shall be conducted in a reasonable manner and, except as otherwise stated in this agreement, at a mutually agreed upon time to minimize inconvenience to Lessee. Lessor shall secure the premises if entered in Lessee's absence.
 

 

11    Credit/Debit Card Authorization 
 

11.1    By providing Lessor with credit or debit card information to make a payment to Lessor pursuant to this Agreement, you agree to a Credit and Debit Card Standing Authorization ("Authorization") with Lessor to charge your credit or debit card account for monthly Rent, past due balances, uncollected fees, liquidated damages, or unreturned equipment and any applicable sales tax as agreed upon in this Agreement.
 

11.2    By agreeing to this Authorization you authorize Lessor to retain your credit or debit card information on file. In addition you authorize your credit card/debit card issuer to charge your credit or debit card account for monthly Rent, past due balances, uncollected fees, liquidated damages for unreturned equipment, and any applicable tax.
 

11.3    An unpaid account balance is past due if the payment is not received by Lessor by the due date.
 

11.4    For failure to return the equipment as required under this Agreement you agree to pay, in addition to any accrued unpaid charges and all other amounts required by this agreement, 180% of the Replacement Value of the Equipment and all reasonable costs incurred by Lessor in collecting this amount.
 

11.5    Lessor, at its discretion, may choose to use this Authorization as your permission to process a charge to your credit or debit card as payment for any outstanding past due balances, uncollected fees, or liquidated damages for unreturned equipment associated with this Agreement. Any such charges will appear on your monthly credit card statement or bank account statement.
 

11.6    You understand that this Authorization is a standing authorization and is not a one-time credit or debit card charge authorization, and for authorization to charge your credit or debit card account on a monthly basis for your Rent and other fees. This is an Authorization for Lessor to charge your credit or debit card account for past due balances, uncollected fees, and liquidated damages for unreturned equipment and any applicable sales tax as agreed upon in this Agreement should such amounts ever be incurred.
 

11.7    If any credit or debit card payment made under this Authorization is declined, you authorize Lessor to make any necessary corrections to the submitted information and re-submit the charge. Your agreement to this Authorization does not relieve you of the obligation to pay Lessor for goods supplied and/or services rendered if any charge submitted by Lessor is dishonored, charged-back or otherwise refused for any reason. You agree to pay all reasonable collection charges and costs, including attorney's fees and expenses of collection, if payment is dishonored.
 

11.8    Lessee authorizes J & M Texas Rentals LLC to make soft inquiries to one or more credit bureaus to obtain credit information about Lessee to qualify Lessee for appliance leasing. Lessee represents that J & M Texas Rentals LLC is authorized to submit this inquiry. Soft credit inquiries are visible only to Lessee on Lessee’s credit report and will not impact Lessee’s credit score. 
 

 

12    Default and Equipment Retrieval 
 

12.1    In the event Lessee defaults on the lease agreement by failing to cure a breach within 10 days after written notice from Lessor, Lessee hereby authorizes Lessor to enter the premises by all customary means, including obtaining a key from apartment management, in order to disconnect, remove, and retrieve the leased equipment without liability for damages, provided Lessor exercises due care to avoid unnecessary disturbance or damage.
 

12.2    Lessee agrees to indemnify and hold harmless Lessor, its agents, employees, and independent contractors from any liability arising from such entry or equipment removal after Lessee's default, provided such parties act reasonably and in compliance with the terms of this agreement. 
 

12.3    Lessor agrees to promptly return any keys to the apartment management office after removing equipment and to secure the premises after entry.
 

 

13    Modification
 

13.1    The access rights and procedures in this clause may be modified by mutual written agreement of the parties.
 

 

14    Repair and Maintenance of Equipment
 

14.1    The Lessee will, at the Lessee's own expense, keep the Equipment in good appearance and condition, normal and reasonable wear and tear excepted. Repairs resulting from normal and reasonable wear and tear requested by Lessee during the Term of the Agreement will be repaired at Lessor’s expense. Repair requests must be directed to CustomerService@jmtexasrentals.com.
 

14.2    Lessee acknowledges that repairs may take ten business days or longer if parts are not readily available. At the Lessor’s sole discretion, the Equipment may be replaced. 
 

14.3    If the Equipment is not in good repair, appearance, and condition when it is returned to the Lessor, the Lessor may make such repairs or may cause such repairs to be made as are necessary to put the Equipment in a state of good repair, appearance and condition, normal and reasonable wear and tear excepted. The Lessor will make the said repairs within a reasonable time of taking possession of the Equipment and will give the Lessee notice of the repairs and invoices for the said repairs. Upon receipt of such invoices, the Lessee will immediately reimburse the Lessor for the actual expense of those repairs plus 50%, plus any fees required to complete the repair, including but not limited to delivery charges and shipping.
 

14.4    The Lessee may, but is not obligated to, enforce any warranty that the Lessor has against the supplier or manufacturer of the Equipment. The Lessee will enforce such warranty or indemnity in its own name. 
 

 

15    Warranties
 

15.1    The Equipment will be in good working order and good condition upon delivery. 
 

15.2    The Equipment is of merchantable quality and is fit for the purposes it is ordinarily used. 
 

 

16    General Liability 
 

16.1    Notwithstanding any provision in this Agreement or elsewhere, J & M Texas Rentals, LLC, including its agents, directors, officers, employees, and representatives (“Lessor Parties”), shall not be responsible for or held liable for any loss or damage(s) caused by or resulting from fire, water, or electrical damage that may arise incidentally from the use, operation, or possession of the leased equipment. 
 

16.2    The lessee agrees to use and operate the leased equipment properly and according to the manufacturer’s recommendations and understands that failure to do so can result in fire, water, or electrical damage. The lessee agrees that any such damage that occurs will be the sole responsibility of the lessee. 
 

16.3    This clause does not limit or exclude the lessor's liability for any damages caused by the negligent or intentional actions of lessor parties or for breach of any express warranties provided by the lessor in this agreement, to the extent such exclusion or limitation of liability is allowed by applicable law.
 

 

17    Loss and Damage
 

17.1    To the extent permitted by law, including but not limited to, Tex. Bus. & Com. Code § 2A.508 and Tex. Bus. & Com. Code § 2A.219, the Lessee will be responsible for risk of loss, theft, damage, or destruction to the Equipment from any and every cause. 
 

17.2    The Lessee may purchase the Optional Damage Waiver (ODW). If the ODW is purchased from the inception of the Agreement through the Term, Lessee is not responsible for cosmetic damage to the Equipment. 
 

17.3    If the Equipment is lost or damaged, the Lessee will continue paying Rent, will provide the Lessor with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance, and condition. 
 

17.4    In the event of Total Loss of the Equipment, the Lessee will provide the Lessor with prompt written notice of such loss and will pay to the Lessor all unpaid Rent for the Term plus the Replacement Value of the Equipment, at which point ownership of the Equipment passes to the Lessee. 
 

 

18    Ownership, Right to Lease and Quiet Enjoyment
 

18.1    The Equipment is the property of the Lessor and will remain the property of the Lessor. 
 

18.2    The Lessee will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner. 
 

18.3    The Lessor warrants that the Lessor has the right to lease the Equipment according to the terms in this Agreement. 
 

18.4    The Lessor warrants that as long as no Event of Default has occurred, the Lessor will not disturb the Lessee's quiet and peaceful possession of the Equipment or the Lessee's unrestricted use of the Equipment for the purpose for which the Equipment was designed. 
 

 

19    Surrender
 

19.1    At the end of the Term or upon earlier termination of this Agreement, the Lessee will make the Equipment available for pick up at the address to which it was originally delivered or, if transferred by Lessor, to the address to which it was most recently transferred. 
 

19.2    If the Lessee fails to make the Equipment available for pick up, the Lessee will pay to the Lessor any unpaid Rent, fees, and taxes for the Term plus 180% of the Replacement Value of the Equipment, at which point ownership of the Equipment will pass to the Lessee. 
 

 

20    Insurance
 

20.1    The Lessee must maintain renter’s or homeowner’s insurance covering any damage or loss to the Equipment (normal wear and tear excepted), including but not limited to water-, electric-, and fire-related events, as well as theft.

 

 

21    Indemnity
 

21.1    The Lessee will indemnify and hold harmless the Lessor and Lessor’s 3rd parties against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and costs, arising out of or related to the Lessee's use or Lessor’s delivery, pickup, transfer, or repair of the Equipment, regardless of whether or not caused in whole or part by the negligence or other fault of the Lessor or Lessor’s 3rd parties. For the avoidance of doubt, Lessor and Lessor’s 3rd parties are not responsible for water or electrical damage arising out of Lessee’s use of the Equipment.
 

 

22    Consequential Damages
 

22.1    NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL ANY PARTY UNDER THIS AGREEMENT, ITS AFFILIATES OR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS BE LIABLE TO THE OTHER PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER ANY PARTY OR ANY ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 

 

23    Default
 

23.1    The occurrence of any one or more of the following events will constitute an event of default ("Event of Default") under this Agreement:  
(A)    The Lessee fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Lessee's obligations under this Agreement. 
(B)     The Lessee becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the Federal bankruptcy law of the United States or another competent jurisdiction. 
(C)     A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days. 
 

 

24    Remedies
 

24.1    On the occurrence of an Event of Default, the Lessor will be entitled to pursue any one or more of the following remedies (the "Remedies"): 
(A)    Declare the entire amount of the Rent, taxes, fees, and uncollected balances plus 150% of the Replacement Value immediately due and payable without notice or demand to the Lessee. 
(B)    Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default. 
(C)    Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Lessee waives any and all damage occasioned by such taking of possession. 
(D)    Terminate this Agreement immediately upon written notice to the Lessee. 
(E)    Pursue any other remedy available in law or equity. 
 

24.2    Lessee agrees that Lessor is authorized to investigate Lessee’s credit and report to Credit Bureaus; and/or pursue any other rights or remedies allowed by applicable law.
 

24.3    Section 31.04 of the Texas Penal Code provides that any person having possession of personal property of another by virtue of a rental contract, who, with intent to avoid payment and without the owner’s consent, holds the property beyond the expiration of the rental period and thereby deprives the property owner of the property of its use in further rentals, shall be guilty of the crime of Theft. 
 

24.4    Lessee agrees to pay all of Lessor’s expenses and costs of enforcing this Agreement, including reasonable attorney’s fees and expenses, as allowed by applicable law, whether or not a lawsuit is filed; provided, however, that you shall not be obligated to pay such expenses and costs if you are the prevailing party in a dispute arising out of or relating to this agreement.
 

24.5    Lessee hereby authorizes Lessor to charge the card or bank account on file for any amounts due to Lessee.
 

24.6    Lessor reserves right to report you to credit reporting agencies if you do not pay all amounts owed by you under this Agreement and you hereby authorize Lessor to file such reports.

 

 

25    Assignment
 

25.1    THE LESSEE WILL NOT ASSIGN THIS AGREEMENT, THE LESSEE'S INTEREST IN THIS AGREEMENT OR THE LESSEE'S INTEREST IN THE EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE Lessor. 
 

25.2    If the Lessee assigns this Agreement, the Lessee's interest in this Agreement or the Lessee's interest in the Equipment without the prior written consent of the Lessor, the Lessor will have recourse to the Remedies and will be entitled to all damages caused by the transfer.
 

 

26    Notice
 

26.1    Service of all notices under this Agreement to Lessor must be delivered either by hand (personally or by courier), by certified mail, or by overnight delivery by UPS or Fed Ex to the following address: 5900 Balcones Drive, STE 100, Austin, TX 78731. 
 

26.2    Service of all such notices to Lessee may be delivered either by hand (personally or by courier); by certified mail; by overnight delivery by UPS or Fed Ex to the address to which the Equipment was originally delivered or, if transferred, to the address to which it was most recently transferred; or by email to any email address provided at any time by Lessee to Lessor.

 

 

27    Late Fees

 

27.1    A late fee of $35 will be due 1 calendar day after the due date if Rent is unpaid, plus interest. Interest on any overdue amounts under this Agreement will be at a rate of 29.00 percent (29%) per annum or at the maximum rate allowed under applicable law, whichever is lower. Lessor may charge the payment method on file for late fees and interest.

 

 

28    Insufficient Funds or Invalid/Expired Payment Method
 

28.1    If funds are not able to be drawn from the Lessee’s payment method(s), a fee of $35 for insufficient funds plus late fees will be charged to an alternate payment method, the same payment method, or invoiced and immediately due. Lessee is responsible for providing updated bank or credit card information by calling 817-224-2215 no less than 10 (ten) business days prior to the change, including but not limited to credit card expiration date and zip code changes.  

 

 

29    Dispute Resolution
 

29.1    This Agreement is governed by Texas law, except its rules governing conflict of laws, and any lawsuit must be brought in Tarrant County, Texas. The parties submit to the personal jurisdiction, and agree to the venue, to the state and federal courts sitting in Tarrant County, Texas. The parties waive any objection to jurisdiction, venue, or claim of inconvenient forum. This provision survives termination of the Agreement. 
 

29.2    This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to a violation of intellectual property rights. 
 

29.3    The Parties may mediate or arbitrate their dispute if all Parties agree to do so; no Party may be compelled to mediate or arbitrate any dispute absent their consent.
 

 

30    Interpretation
 

30.1    Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. 
 

30.2    Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. 
 

 

31    Severability
 

31.1    If there is a conflict between any provision of this Agreement and the applicable legislation of the State of Texas (the "Act"), the Act will prevail, and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement. 
 

31.2    In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement and the remaining provisions had been executed by both Parties subsequent to the expungement of the invalid provision. 
 

 

32    General Terms

32.1    This Agreement may be executed in counterparts. Electronic or facsimile signatures are binding and are considered to be original signatures. 
 

32.2    Time is of the essence in this Agreement. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors, and assigns, as the case may be, of each Party to this Agreement. 
 

32.3    The Parties shall not be liable for damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond the Parties’ control including, but not limited to acts of God, government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected. 
 

32.4    Lessor’s failure to enforce Lessee’s strict performance of any provision of this Agreement shall not be construed as a waiver of Lessor’s right to subsequently enforce such provision or any other provision of this Agreement, nor shall it be deemed a waiver of enforcement of that or any other provision.