MacDx Lease agreement
This equipment lease ("Lease") is made and effective on the date of invoice, by and between AMA Optics, Inc. (the "Lessor") and purchaser of lease as specified on the invoice (the "Lessee").
1. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (the "Equipment"): MacDx Adaptometer.
2. The term of this Lease shall commence on date of invoice and shall expire one year from invoice date.
3. The monthly rent for the Equipment shall be paid in advance in installments of three hundred ($300.00) dollars each month, beginning on date of invoice, and on the first day of each succeeding month throughout the term hereof, at AMA Optics, Inc. 11 Island Ave, Suite 1101, Miami Beach, FL 33139, or at such other place as Lessor may designate from time to time. Any installment payment not made by the tenth (10th) day of the month shall be considered overdue and in addition to Lessor's other remedies, Lessor may levy a late payment charge equal to one percent (1%) per month on any overdue amount. Rent for any partial month shall be prorated.
4. Lessee shall pay a security deposit in the following amount prior to taking possession of the Equipment: Five Hundred ($500.00) dollars. The security deposit will be refunded to Lessee promptly following Lessee's performance of all obligations in this Lease.
5. Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, state, municipal, police and other laws, ordinances and regulations in any way relating to the possession, use or maintenance of the Equipment.
6. Lessee shall establish the normal endpoint values under the testing condition of use by lessee taking into consideration pretesting light expose, between tests time interval, testing distance, vision correction used, room lighting, qualification of tutorial training, and test-retest accuracy. Lessor is not responsible for interpretation of test results or patient billing or coding.
7. Lessor disclaims any and all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, except that lessor warrants that lessor has the right to lease the equipment, as provided in this lease.
8. Lessee, at its own cost and expense, shall keep the Equipment in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the Equipment in good mechanical working order.
9. Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease, which shall continue in full force and effect through the term of the Lease. In the event of loss or damage of any kind whatever to the Equipment, Lessee shall, at Lessor's option: Place the same in good repair, condition and working order; or replace the same with like equipment in good repair, condition and working order; or pay to Lessor the replacement cost of the Equipment.
10. Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering the Equipment at Lessee's cost and expense to such place as Lessor shall specify within the city or county in which the same was delivered to Lessee.
11. Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs, arising out of, connected with, or resulting from Lessee's use of the Equipment, including without limitation the manufacture, selection, delivery, possession, use, operation, or return of the Equipment.
12. The Equipment is, and shall at all times be and remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.
13. Lessee shall not assign this Lease or its interest in the Equipment without the prior written consent of Lessor.
14. The invalidity or unenforceability of any provision in this Agreement shall not cause any other provision to be invalid or unenforceable.
15. This Lease shall be construed and enforced according to laws of the State of Florida. This instrument constitutes the entire agreement between the parties on the subject matter hereof and it shall not be amended, altered or changed except by a further writing signed by the parties hereto.
The parties hereto have executed this Lease as of the day and year of the above stated purchase invoice.
By: _/Albert Hofeldt, MD/
President, AMA Optics, Inc. (Lessor)
A copy of this lease will be provided with invoice of the lease purchase.
1. Equipment deposit of $500.00.
2. Monthly lease of $300.00 in 12 installments ($3600.00/year).