1. Definitions and Interpretation

1.1 “LSHK” means Lexmark Solutions Hong Kong Limited, its successors, and assigns.

1.2 “Agreement” refers to the existing Service and/or Rental Agreement(s) covering the equipment listed in Part D.

1.3 “Current Customer” means the party currently liable under the Agreement.

1.4 “New Customer” means the party assuming liability under the Agreement.

2. Transfer of Rights and Obligations

2.1 By signing this Application, the Current Customer agrees to transfer, and the New Customer agrees to accept, all rights, title, interest, duties, and obligations under the Agreement effective from the date approved by LSHK (“Effective Date”).

2.2 The New Customer acknowledges receipt of a copy of the original Agreement and agrees to be bound by all its terms and conditions as if it were the original signatory.

3. Equipment Condition and Acceptance

3.1 The New Customer confirms that they have inspected the equipment listed in Part D and accepts the equipment in its current “as-is” condition.

3.2 LSHK makes no further warranties, express or implied, regarding the condition, merchantability, or fitness for a particular purpose of the equipment beyond those stated in the original Agreement.

4. Financial Responsibilities

4.1 Outstanding Charges: The Current Customer remains liable for all charges, fees, and rentals incurred up to the Effective Date. LSHK reserves the right to withhold approval of this transfer until all outstanding amounts are settled in full.

4.2 Administrative Fee: A non-refundable administrative fee of HK$200 (or such other amount as determined by LSHK) may be charged for processing this transfer application.

4.3 Future Charges: The New Customer shall be liable for all charges, rentals, and meter readings recorded on or after the Effective Date.

5. Deposit Handling

5.1 Any security deposit currently held by LSHK under the Agreement shall be transferred to the account of the New Customer. The Current Customer relinquishes all claims to said deposit.

5.2 If the New Customer is required to provide a higher deposit due to credit assessment, the New Customer agrees to pay the difference upon demand.

6. Meter Readings

6.1 Both parties are responsible for providing an accurate meter reading as of the Effective Date. In the absence of a joint reading, LSHK’s estimated reading shall be final and binding for billing purposes.

7. Credit Assessment and Approval

7.1 This transfer is subject to LSHK’s credit approval of the New Customer. LSHK reserves the absolute right to reject this application without providing a reason.

7.2 The New Customer consents to LSHK conducting credit checks and obtaining relevant financial information from third-party agencies for the purpose of this application.

8. Indemnification

8.1 The New Customer agrees to indemnify and hold LSHK harmless from any claims, damages, losses, or expenses arising from the New Customer’s use of the equipment or breach of the Agreement after the Effective Date.

9. Data Privacy

9.1 Personal data collected in this form will be used for processing the transfer, account management, and credit assessment. Data may be transferred to LSHK’s affiliates or agents for these purposes in accordance with the Personal Data (Privacy) Ordinance.

10. Governing Law and Jurisdiction

10.1 This Transfer Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. The parties submit to the non-exclusive jurisdiction of the courts of Hong Kong.

11. Entire Agreement

11.1 This Application, together with the original Agreement, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements or understandings.