For good and valuable consideration, you and LoRea Rents, LLC agree as follows:
1. As used herein, “P.1” refers to the first page of “face” of this Contract; “Contract” refers to P.1 together
with these Terms and Conditions of Rental Contract; “Rented Item(s)” or “item(s)” means the item(s) rented to
you, as identified on P.1 (including any “instructions” and/or safety equipment provided per the terms of
Section (or “SS” 4 below); “Site” means the “Job Address” set forth on P.1”Customer,” “Lessee,” “you” and
“your” mean the customer or “Lessee” identified on P.1; and “Lessor” “we”, “us” and “our” mean LoRea Rents.
2. You agree to rent from LoRea Rents and LoRea Rents agrees to rent to you the Rented Item(s) for the period(s)
specified on P.1 (the “Term”). You agree to pay us our stated Rental rate(s) (the “Rent”), together with any
other charges accruing hereunder, without proration, reduction or setoff, and remain liable for loss of, damage
to and/or destruction of Rented item(s) until all such Rented item(s) is/are returned to and accepted by LoRea Rents
in the proper return condition as required under SS 9. Unless otherwise agreed in writing by LoRea Rents, all rental
rates are for normal use of the Rented item(s) on a single-shift basis during the Term, not exceeding 8 hours
per “rental day” (return by 8:00 a.m. the following morning), 40 hours per 7-day period, and 160 hours per 28-
day period, and otherwise in accordance with the terms hereof and the “Instructions” described in SS 4. Additional
prorated Rent will be charged for late returns and overuse. No allowance will be made for weekends, holidays, weather
delays, time in transit or other period(s) of nonuse. We have estimated the rent based on your estimate of the length of the
Term (the Estimated Rent) You agree: (a) to pay LoRea Rents: (i) any other amounts coming due hereunder upon demand;
and (b) that: (i) we may deduct any amount you owe us from any prepayment : (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your ability to LoRea Rents; and
(iv) all Prepayments are NON-REFUNDABLE unless otherwise agreed by LoRea Rents. Anything remaining with, in or on
any item(s) upon return will, at our option, be deemed abandoned.
3. Except with respect to Rented items which LoRea Rents LLC, rents from one or more third parties (each, a “TPO”)
and re-rents to you (“Re-Rented Items”).LoRea Rents owns and will retain title to all Rented Items at all times. Your
only right with respect to such item(s) (including Re-Rented Item(s)) is to use it/them in full compliance with this
Contract during the Term.
4. Upon the earlier of your receipt, or our delivery to the Rented Item(s) unless you immediately reject it/them, you
represent, warrant, acknowledge and agree that: (a) each item: (i) is complete and in good order, condition and repair; (ii) is
appropriate for your purposes and in all ways acceptable to you; and (iii) was selected (not based on any
recommendation by LoRea Rents), carefully examined and inspected by you or your agent(s); and (b) you: (i) have received, read and understood all training, instructions, user manuals, maintenance requirements, and other
information, if any, including all EPA, OSHA, ASME, MSHA, IEEE, IBC, NFPA, IFC, ASSE, and /or ANSI Standards
regarding the proper and safe transportation, installation, fueling, use, maintenance and storage of such item(s) (collectively,“Instructions”): (ii) will fully comply therewith (including without limitation, Tier 4, Silica Dust and
Electronic Logging Device requirements); (iii) have been made aware of the need to use all recommended and required
safety equipment (including FALL AND RESPITORY PROTECTION DEVICES); (iv) will use each item only for intended
purpose, in a reasonable and safe manner; (v) will timely give any required notice(s) to, and obtain all necessary licenses,
authorizations, permits and approvals from, all affected parties, including governmental authorities, local utilities and cable
companies, and ensure all underground lines, cables and conduits, are clearly and properly marked before using any item
(s) to dig or disturb the ground surface (call 811 or 800-482-7171, and go to
www.missdig.org) at least 3 working days in advance); (vi) will immediately cease using any item that is damaged, breaks
down, malfunctions or proves defective (a “Malfunction”); and (vii) will ensure that all other users of any Item(s) comply
herewith. You will notify LoRea Rents immediately if any of the foregoing shall be breached or shall prove incorrect or
misleading in any way.
5. In the event of a Malfunction, you will immediately notify, and return the Malfunctioning Item(s) to, LoRea Rents and
provided such Malfunction did not result from or in connection with any wrongful or negligent act or omission of, or any
breach of any provision of this Contract by, you or anyone you permit to use or deal with such item(s), we will, at our option:
(a) repair the subject item; (b) provide you with a comparable item; or © return the unused portion of the Rent and cancel
this Contract. The foregoing remedies are EXCLUSIVE. LoRea Rents, LLC will have no other obligation(s) or liabilities
regarding Malfunctions, all of which you hereby waive.
6. YOU AGREE TO PROVIDE ALL APPLICABLE TRAINING, FAMILIARIZATION, INSTRUCTIONS AND WARNINGS TO
ALL USERS OF THE RENTED ITEM(S), and ensure that each item is used safely and only; (a) for its
intended purpose(s); (b) within its rated capacity; © unless otherwise specifically agreed by LoRea Rents, LLC on a case-by-case basis, at the Site; (d) BY PROPERLY TRAINED, FAMILIARIZED, QUALIFIED, CERTIFIED, SUPERVISED, AND/OR
LICENSED (AS APPLICABLE) ADULTS; and € otherwise in full compliance with the instructions as well as all applicable
laws, rules and regulations, at all times.
7. You will not permit the taking or existence of any lien, claim, security interest or encumbrance on any such item. You
SHALL NOT loan, transfer, sublease, or assign any Rented Item or this Contract without the prior written consent of LoRea
Rents, and if applicable, the TPO. LoRea Rents, LLC may sell and/or assign all or any part of its interests in the Rented Item
(s) and/or this Contract, in which event, you will attorn to the assignee, who will not be responsible for any pre-existing
obligations or liabilities of LoRea Rents, LLC hereunder, at law or in equity.
8. If we agree to provide any service(s) (including delivery and/or retrieval of the item(s)), you agree to; (a) pay our regular
charge(s) therefor, and for all waiting time; (b) be present at the Site agreed time(s); and © ensure our personnel have full
access to the Site. LoRea Rents, LLC will not be responsible for any delay(s) caused by the acts or omissions of any other
parties, including providers of other equipment or services (“Other Providers”) for which you hereby release and agree to
indemnify, defend and hold harmless LoRea Rents, LLC. f you are not present upon delivery or retrieval of any item(s), you
agree to accept the statements of our representatives regarding the same (including status, condition, quality, freedom from defects and quantities).
9. You agree to protect, properly service and care for each Rented Item at all times, keep it safely and securely stored and
locked when not in use, and return it to LoRea Rents, LLC on time, clean and otherwise in good order, condition and repair,
properly serviced and maintained, and if applicable, full of the appropriate fuel, fluid and lubricants. If you fail to do so, you
will pay to LoRea Rents, LLC; (a) Rent for each succeeding full rental period until all item(s) have been returned or replaced
as required; and (b) all costs and expenses LoRea Rents incurs in connection with such failure. You will not, nor will you
permit anyone else to: (i) abuse, misuse, overuse, remove from the Site, conceal, repair, modify, damage or destroy any
Rented Item; (ii) violate any law, policy of insurance or warranty; (iii) expose any Rented Item(s) to any flammable, explosive, or otherwise harmful or hazardous substance(s) or circumstance(s); or (iv) take possession of or exercise control over any Rented Item, without our prior consent (which may be granted, conditioned or withheld in our sole discretion).
10. LOREA RENTS, LLC IS NOT THE MANUFACTURR=ER OR DESIGNER OF ANY OF THE ITEM(S), all of which are
provided “AS-IS”. NEITHER LOREA RENTS, LLC NOR ANY TPO MAKES ANY WARRANTY, ESPRESS OR IMPLIED
(INCLUDING ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE,
FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFETCS, WORKMANLIKE
PERFORMANCE, AND/OR ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE
OR USAGE OF TRADE) regarding any item(s) or Service(s) provided hereunder, nor does LoRea Rents, LLC or any TPO
make any warranty against INTERFERENCE OR INFRINGEMENT, all of which you hereby waive. There are no Warranties
that extend beyond the face hereof. No depictions, descriptions, specifications or advertisements
constitute representations or warranties by LoRea Rents, LLC.
11. WARNINGS: LIFTS AND POWERED TOOLS AND EQUIPMENT, INCLUDING EQUIPMENT USED FOR LIFTING,
LOADING, CUTTING, GRINDING, CHIPPING, SCRAPING, DIGGING, SHREDDING, BREAKING,
BORING, WELDING, TOWING AND/OR LOREA RENTS, LLC—TERMS AND CONDITIONS OF RENTAL CONTRACT
HAULING CAN BE DANGEROUS AND SHOULD BE TRANSPORTED, SERVICED,
MAINTAINED, REPAIRED AND USED WITH GREAT CARE, ONLY FOR THEIR INTENDED
PURPOSE(S), AND ONLY BY RPOPERLY TRAINED, FAMILIARIZED, QUALIFIED,
CERTIFIED, SUPERVISED, INSTRUCTED, AND IF APPLICABLE, LICENSED ADULTS.
12. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW YOU: (A) ASSUME ALL RISK OF PERSONAL
INJURY, LOSS, PROPERTY DAMAGE, DESTRUCTION AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, ALL RENTED ITEM(S) AND SERVICE(S) REFERENCED HEREIN, INCLUDING WITHOUT LIMITATION, ANY
AND ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION,
INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION,
STORAGE, SERVICING, MAINTENANCE, REPAIR, DELIVERY AND/OR RETRIEVAL OF ANY SUCH ITEM(S) ORSERVICE(S), WHETHER OR NOT YOUR FAULT; (B) RELEASE AND DISCHAGE LOREA RENTS, LLC AND EACH TPO FROM
AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESSLOREA RENTS, LLC AND EACH TPO, AND THEIR
RESPECTIVE OWNERS, MANAGERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, INSURERS, SUBROGEEES,
REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL INJURIES, LIABILITIES,
CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS; FEES)
ARISING FROM OR ASSOCIATED WITH ANY AND/OR ALL OF SUCH ITEM(S) AND/OR SERVICES (including without
limitation, your breach of any one or more terms of this Contact); and (c) WAIVE all rights and remedies available under the
Uniform Commercial Code, as well as all, direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against LoRea Rents, LLC and each TPO.
13. You agree to maintain all insurance LoRea Rents, LLC deems necessary, including without limitation: (a) liability insurance with limits of at least $1,000,000 per occurrence; (b) property damage/inland marine insurance covering all Rented Items for the full (new) replacement value thereof; and © hired auto liability insurance with minimum limits of $1,000,000, and hired auto physical damage insurance (actual cash value) for all vehicle/automobiles included in the Rented Item(s). Such policies shall, to the maximum extent possible; (i) name LoRea Rents, LLC and each TPO as an additional insured and loss payee; (ii) waive subrogation against LoRea Rents, LLC and each TPO; (iii) be primary and non-contributory; and (iv) include such other provisions (including deductibles if any) as LoRea Rents, LLC may deem appropriate.
14. If and only if, we have offered and you have purchased (and paid the applicable fee for) the OPTIONAL DAMAGE
WAIVER (DW) prior to commencement of the Term, you will have no liability to LoRea Rents, LLC for the cost to repair or
replace covered item(s) (“Covered Item(s)”) which suffer physical damage during the Term (up to a maximum of $10,000 on equipment value up to a maximum of $20,000); provided however, that you will remain fully liable for: (a) all damage to or loss of: (i) item(s) not covered by LDW; (ii) Covered Item(s) lost or damaged during transportation or, unless you prove otherwise, as a result of: (A) your breach of this Contract:
(B) any failure to timely return Covered Item(s) to LoRea Rents, LLC; © gross negligence, misuse and/or abuse of any
Rented Item(s); (D) vandalism and/or malicious mischief, (E) use of alcohol or drugs; and/or (F) use of any item in violation of any laws or insurance policy; (iii) loss of and damage to batteries, glass, tires, tracks, belts, chains, knobs and/or hoses; (b)50% of all repair/replacement costs for Covered Item(s); and © all repair and replacement cots exceeding $10,000 in the
aggregate with respect to all Covered Item(s). You may decline LDW if you provide the property damage/inland marine
insurance referenced in SS 13 prior to commencement of your rental Term. DW IS NOT INSURANCE, NOR IS IT A WARRANTY.
15. Your duties hereunder are unconditional. If you or any guarantor: (a) fail to timely pay or perform any of your obligations
arising under this Contract; (b) otherwise fail to fully and timely comply with any provision of this Contract ; (c) Provide any
incorrect or misleading information to LoRea Rents, LLC: (d) become insolvent; or € die or cease conducting business, or if
any Rented Item(s) shall be lost, damaged or destroyed except to the extent covered by LDW, as provided in SS 14), you will be in default, whereupon, LoRea Rents, LLC may with or without legal process or notice (and without liability to you), to the maximum extent permitted under applicable law; (i) terminate your rental; (ii) seek relief from any automatic stay; (iii) recover, lock or disable any or all Rented Item(s) without being guilty of trespass or liable for personal injuries or property damage (for which you agree to indemnify, defend and hold harmless LoRea Rents, LLC; (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s) as necessary, (vi) recover from your and/or any guarantor our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the remainder of the Term and attorneys’ fees); and/or (vii) pursue any other rights and/or remedies available hereunder, at law and/or in equity, all of which shall be cumulative.
16. To the maximum extent permitted under applicable law, you grant to LoRea Rents, LLC a lien on all real and personal
property (a) placed in or on, and/or (b) improved with, any Rented Item(s). We may without notice or liability to you, monitor
(in person, electronically and/or via telematics) and/or inspect any Rented Item(s) at any time, and all information thereby
obtained will be the sole and exclusive property of LoRea Rents, LLC. If any performance required of LoRea Rents, LLC is
delayed or impaired as a result of any act or omission of any Other Provider(s) or any “Act of God” (any event, fact or
circumstance beyond our reasonable control), we will be excused from such performance. You waive the benefits of all
statues of limitations regarding our rights and remedies. All amounts due hereunder but not timely paid will bear interest at
the lesser of: (a) 18% per annum, or (b) the highest rate permitted under applicable law until paid. You authorize LoRea
Rents, LLC to obtain and retain your credit information and history. You agree to pay LoRea Rents, LLC the maximum lawful
charge for any check you write which is returned unpaid. Our maximum liability in connection with this Contract is limited to
the amount(s) actually paid by you hereunder. You agree to pay all taxes (including all sales, use, transfer, value added and
other taxes), fines, fees, assessments and other charges related to each item. In the event any legal action is commenced in connection herewith, we will be entitled to recover our costs and expenses associated therewith (including without limitation, attorneys’ fees and expenses) from you if we prevail. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available in connection herewith will constitute an election of remedies or a waiver of any of our rights or remedies.
17. You acknowledge that this Contract (a) constitutes a true “operating lease” (and not a disguised financing); (b) is fair and reasonable under the circumstances; and © shall be interpreted under the laws of Michigan, with proper venue for any and all associated civil lawsuits and legal proceedings lying solely and exclusively in the federal and state courts located in or nearest to Livingston County, MI (unless waived by LoRea Rents, LLC). You hereby conc=sent and submit to such jurisdiction and venue and waive all claims ta=hat it constitutes an inconvenient forum. This Contract and any Addenda provided by LoRea Rents, LLC (including without limitation, our Aerial Equipment, Forklift and/or Trailer Addenda(um), as applicable), each of which is incorporated herein, represent the entire agreement between you and LoRea Rents, LLC, superseding all other oral and written agreements and representations ( including our website and advertising). The terms of this Contract and each such Addendum are severable. If any provision hereof or thereof shall be deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be modified to the minimum extent necessary to make such provision valid and enforceable, or if no such modification shall be possible, deleted, and in either such event, the remainder of each such document will remain valid and enforceable. This Contract cannot otherwise be amended or extended except in a writing signed by LoRea Rents, LLC. Time is of the essence hereof. There are no third-party beneficiaries hereto other than the TPO (s), if any. These terms and conditions will be deemed to apply not only to all item(s) identified on P. 1, but also to all other items you obtain from LoRea Rents, LLC at any time (except only as otherwise agreed by LoRea Rents, LLC). Digital, electronic, photocopied and facsimiled signatures and initials included on this Contract shall be deemed the equivalents of originals for all purposes.
18. WARNING: Refusing or willfully neglecting to return rented personal property at the agreed date and time with intent to
defraud the lessor may be deemed LARCENY, resulting in CIVIL LIABILITY and/or CRIMINAL PROSECUTION. See MCL
SS 750.362a, et seq. and its/their successor(s) for details.
LESSEE ACKNOWLEDGES THAT A LARGER-PRINT VERSION OF THESE TERMS AND CONDITIONS HAS BEEN MADE AVAILABLE TO LESSEE