Why Buy A Printer

Basic Terms and Conditions:
Cartridge World store, an independent business operating under license as a Cartridge World® franchisee (the “Company”), agrees to lease to the undersigned business customer (the “Customer”), and the Customer agrees to lease from the Company, the inkjet or laser printers identified above (the “Equipment”) subject to the following terms and conditions (the “Agreement”). The parties intend that this Agreement constitutes a true lease under the Uniform Commercial Code and not a disguised security interest. The Company has title to the Equipment at all times. The Customer acquires no ownership, title, property, right, equity or interest in the Equipment other than its leasehold interest solely as lessee subject to all the terms and conditions of this Agreement. This Agreement becomes effective when signed by the Company and the Customer and shall continue until terminated by either party pursuant to the requirements below. This Agreement is intended by both parties to be a legally binding document.

Printer Supplies
Customer agrees to purchasing from the company and use ONLY Cartridge World® brand printer cartridges for all of its printers. Failure to comply with this requirement will render this Agreement immediately null and void and shall release Company from any future obligations or requirements related to such Customer. Printer supply usage must be monitored by Cartridge World, by simply installing the Company’s choice of print monitoring software. This software must be installed on a computer which runs during business hours and connected to the internet.

Service and Repair
After the Equipment is installed, Company will return periodically and upon request of Customer to inspect and service the printer. Company will service the Equipment within one (1) business days of Customer’s request if the Equipment is not functioning properly – which may include exchanging the original Equipment with another printer or removing the Equipment for off-site repair. There will be no additional cost to Customer for providing this service.

Equipment parts that are guaranteed for the term of the Agreement include: fuser, pick up rollers, feed rollers, transfer rollers, and maintenance kits (The Company is able to change this as necessary). Certain other parts and components, however, are considered “consumable parts” and Customer agrees to purchase such “consumable parts” as necessary. For purposes of this Agreement, “consumable parts” include, but are not limited to, the following: imaging drums and print-heads. In addition, Customer agrees to pay for any repair or replacement expense associated with abuse of the Equipment (i.e., dropped printers) within ten (10) days of invoicing from Company.

Risk Of Loss
Customer shall bear all risk of loss, damage, destruction, theft, and condemnation to or of any such item of Equipment from any cause whatsoever ("Loss"). Customer shall notify Company in writing within 10 days of any such Loss.

Indemnity
Customer shall indemnify, defend, and hold harmless Company and Cartridge World Australia and their respective representatives against any and all damages, liabilities, costs, claims, and expenses arising out of or relating to: (a)the selection, delivery, acceptance, or rejection of any item of Equipment, (b)the lease, possession, maintenance, use, condition, repair, return, disposition, or operation of any item of Equipment or any parts or upgrades thereto (including, without limitation, latent and other defects, whether or not discoverable by Company or Customer); (c)any inaccuracy in or breach of any of the representations of Customer contained in this Agreement; (d)any breach or non-fulfillment of any covenant, agreement, or obligation to be performed by Customer pursuant to this Agreement; or (e)any assertion of the infringement of patent, trade secret, trademark, copyright, or other intellectual property rights of third parties.

Equipment Loan
The Equipment is being loaned to Customer expressly for use by Customer for printing at the facility identified on the previous page and may not be used for any other purpose or at any other location. Customer agrees to prepare, at its expense, a suitable site at the identified location for the operation of the Equipment, which site must include at a minimum a climate-controlled environment and electrical connections and surge protectors for the Equipment as recommended by Company. Customer is solely responsible for correcting any hazardous or unsafe conditions that may damage the Equipment or injure Company personnel or any other person on Customer’s premises. Customer shall grant access to the Equipment’s location to allow Company and its representatives access to install and maintain each item of Equipment as provided herein. Customer shall, at its expense, affix and maintain in a prominent position on each item of Equipment any plates, tags, or identifying labels provided by Company to indicate Company's ownership of the Equipment. Customer shall not allow the name of any other person or entity to be placed on the Equipment. Customer may not move any item of Equipment from its location without Company's prior written consent.

Acts Beyond Control
Company shall not be liable to Customer for damage, loss or expense due to mechanical failure of the Equipment or due to any failure or delay on the part of Company to furnish parts or supplies. Based on the terms of this Agreement and the terms of the “special offer,” Company shall not be liable for any damages with regard to the Equipment or the furnishing thereof.

Liability; Waivers
Company makes no warranty whatsoever, including and (a) warranty of merchantablility; (b) Warranty of fitness for a particular purpose; or (d) warranty against infringement of any patent, copyright, trademark, trade secret or other proprietary rights of a third party; whether arising by law, course of dealing, course of performance, usage of trade or otherwise. Except for personal injury and damage to tangible personal property caused by Company’s gross misconduct or willful negligence, the liability of Company, their affiliates or suppliers, for any claims, losses, damages or expense from any cause whatsoever (including acts or omissions of third parties) regardless of the form of action, whether in contract, tort or otherwise, shall not exceed the lesser of the direct damages proven or the value of the particular equipment at issue.

Termination / Default
This Agreement shall be binding on Company and Customer for the Length of Printer Agreement stated on the first page of this Agreement, unless earlier terminated in writing by Company. This Agreement may be terminated by Customer, prior to the end of the term, by providing Company with 30 days’ prior written notice. This Agreement shall continue from month to month after expiration of the initial term unless terminated by Customer upon 30 days’ prior written notice. Additionally, this Agreement may be terminated by Company immediately and without notice in the event of any of the following: (i) Customer suspends its business; (ii) Company learns Customer is using, or has used, the Equipment for purpose or in any manner other than the intended proper safe and legal use; (iii) Customer breaches this Agreement or any other agreement with Company; (iv) Customer is in default of any terms or conditions of this Agreement or any other agreement with Company; (v) Customer fails to provide payment in full to Company within the agreed terms (signed credit application) of any invoice received by Customer from Company in accordance with its terms; or (vi) Customers fails to purchase toner cartridges provided by Company. Any of the foregoing causes for immediate termination shall be considered and determined in Company’s sole, unilateral and absolute discretion. Invoices for printers, supplies, paper and other goods and tangible services offered by Company that are over thirty (30) days will accrue 1.5% interest per month for late payment charges. In the event of non-payment for any and all of the agreed-upon services, the Customer agrees to pay all collection costs and attorney fees.

Return Of Equipment
Upon any termination pursuant to this Agreement, Company shall have the right to take immediate possession of the Equipment by appearing at the premises of Customer where the Equipment is required to be installed, as set forth herein, during regular business hours. Customer shall ensure the Equipment is accessible and shall not hinder Company or its agent from removing the Equipment. Should the Equipment not immediately be available for removal, Customer agrees to pay to Company all fees and costs associated with the subsequent removal of the Equipment, including repossession costs and attorney’s fees. Upon any such removal of the Equipment, Customer shall cause any item of Equipment returned under this Agreement to: (a) be free and clear of all liens and other encumbrances and rights of third parties; (b)be in the same condition as when delivered to Customer, ordinary wear and tear excepted; and (c)be in compliance with law.

Operation Of Equipment
Customer represents and warrants that the Equipment will be operated using only Company toner cartridges. This Agreement will be terminated, and the Equipment will be immediately removed from Customer’s possession if Customer violates this requirement. Each piece of Equipment, and all detachable parts, shall be kept in a dry and cool place and shall be maintained in clean and sanitary condition at all times. In the event the Equipment stops operating in a commercially reasonable manner (whether due to mechanical difficulties, outages of electric current, overuse or other any cause), it shall immediately be withdrawn from service and Customer shall immediately notify Company. Any service or repair of the Equipment (other than routine cleaning) shall be made ONLY by qualified service personnel designated or approved in writing by Company or its qualified distributors. Service by any other person or entity shall be deemed to be a breach of this Agreement. The duly authorized representatives of Company shall be afforded access to the Equipment at all reasonable times for the purpose of inspecting the Equipment and its condition. The Equipment may not be moved from Customer’s premises, as provided on the first page of this Agreement, to any other location without the prior written approval of Company.

Entire Agreement
This Agreement contains all of the terms agreed upon by Customer and Company with respect to the subject matter hereof, and supersedes all prior agreements and understanding among the parties and may not be changed or amended orally. No attempted change, amendment or waiver of any of the provisions hereof shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.

Equitable Remedies
Each party to this Agreement acknowledges that a breach or threatened breach by such party of any of its obligations under this Agreement would give rise to irreparable harm to the other party for which monetary damages would not be an adequate remedy and hereby agrees that in the event of a breach or a threatened breach by such party of any such obligations, the other party to this Agreement will, in addition to any and all other rights and remedies that may be available to it in respect of such breach, be entitled to seek equitable relief, including a temporary restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction.

Assignment
Customer may not sublease the Equipment, assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Company. Any purported sublease, assignment or delegation in violation of this Section is null and void. No assignment, sublease or delegation relieves the subleasing, assigning or delegating party of any of its obligations under this Agreement. This Agreement is binding on and inures to the benefit of the parties to this Agreement and their respective permitted successors and permitted assigns.

No Third-Party Beneficiaries
Except as stated below, this Agreement benefits solely the parties to this Agreement and their respective permitted successors and permitted assigns and nothing in this Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. The parties hereby designate Cartridge World Australia and its representatives as third-party beneficiaries of the Indemnification Section of this Agreement, having the right to enforce such section.

Governing Law
This Agreement will be governed by and construed in accordance with the laws of Queensland, and the parties submit to the non-exclusive jurisdiction of the courts of Brisbane, in the State of Queensland.


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