North American Hardware Lease Terms and Conditions

the following terms and conditions apply if referenced in a separate agreement between terso solutions, inc ("terso") and the customer ("customer") terms of lease the following terms apply to any products acquired under the lease option provided by terso solutions, inc ("terso") by leasing products from terso, the customer ("customer") agrees to the terms and conditions outlined below 1\ title and ownership; restrictions on transfer the leased hardware ("hardware") remains the sole property of terso at all times customer, or any end user ("end user"), shall not have any ownership rights beyond what is expressly outlined in these terms the hardware may only be placed with an end user in accordance with these terms, and the customer agrees not to sell, assign, transfer, or further lease the hardware without prior approval from terso upon request, the customer agrees to execute any documentation necessary to protect terso's ownership interest in the hardware 2\ proper use; authorized placement with end users the customer and its end users must use the hardware in a careful and proper manner, adhering to the manuals provided by terso the hardware must be used in compliance with all relevant laws, regulations, and ordinances 3\ risk of loss; replacement cost the customer assumes full responsibility for the risk of loss or damage to the hardware while in its possession or that of an end user, except for reasonable wear and tear or damages caused by terso's negligence in the event of loss or irreparable damage, the customer is required to compensate terso for the replacement cost of the hardware, prorated over a 36 month period from the date of the first payment for the device 4\ liens and taxes the customer agrees to keep the hardware free from any levies, liens, or encumbrances the customer, or terso at the customer’s expense, will be responsible for reporting and paying any taxes, fees, or assessments related to the hardware’s use, excluding personal property taxes on the hardware itself the customer may contest any tax or fee in good faith but must reimburse terso for any costs arising from non payment during such a contest 5\ access to installed hardware terso reserves the right to make non disruptive changes to the hardware while installed, with prior notice to the customer the customer and its end users must grant terso reasonable access to the hardware for these changes failure to allow terso access may be considered a material breach of these terms 6\ relocation of hardware if the hardware needs to be relocated, either by the customer or an end user, the customer must provide terso with at least 10 days' written notice the costs of shipment for relocation will be borne by the customer or the end user 7\ return of hardware upon the termination of the lease, the customer agrees to return the hardware to terso in good working condition, with the exception of normal wear and tear terso will coordinate with the customer on the return process 8\ end user covenants prior to placing any hardware with an end user, the customer must ensure that the end user agrees to the following terms in writing (a) the hardware will not be relocated without prior notice to the customer (b) ownership of the hardware remains with terso at all times (c) the risk of damage or loss is assumed by the customer or the end user (d) the customer and terso are responsible for all service and maintenance of the hardware (e) the end user will grant reasonable access to the hardware for the customer or terso during normal business hours