Rental Contract
For good and valuable consideration, you and LoRea Rents, LLC agree as follows:
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.
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.
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.
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.
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.
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.
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.
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).
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).
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.
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.
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.
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.
Equipment Rentals – Damage Waiver: When you rent equipment from LoRea Rents, a 15% damage waiver fee is automatically charged. This fee covers 25% of any accidental damage costs that may occur while you are using the equipment. Please note that the "Damage Waiver" is mandatory for all rental equipment. However, if you have an insurance policy that covers "Contractors Rented Equipment" and includes LoRea Rents as an additional insured, you may be able to waive the damage waiver fee. To qualify for this, you must provide a Certificate of Insurance from your insurer that lists LoRea Rents as an additional insured and provides coverage for the value of the equipment you are renting. Damage Waiver Exceptions: Please take note of the following information. As a customer, you are responsible for any loss or damage caused to the rental equipment, even with the Damage Waiver. This includes burglary, theft, conversion, misuse, abuse, intentional or negligent damage or destruction. Here are some scenarios where the customer will be held accountable for any loss or damage caused to the rental equipment:
The equipment is used or operated improperly, not following the manufacturer’s instructions or the rental contract.
Accessory equipment such as welding leads, electric cords, bits, batteries, hoses, tires, tubes, harnesses, etc., are lost or damaged.
Loss that is due to inventory shortage, wrongful conversion, or any dishonest act by the customer, or a person entrusted by the customer with the equipment, including the customer's employees, sub-contractors, or agents.
Loss or damage that is caused by external factors such as flood, storm, earthquake, or any other similar natural disaster.
Loss or damage that is caused by overloading or exceeding rated capacity, misuse, abuse, or improper servicing of the equipment.
The equipment is seized or destroyed by order of a government authority.
Any loss or damage to equipment caused by theft, vandalism, or malicious mischief.
The renter is responsible for repairing the tires. DAMAGE WAIVER IS NOT INSURANCE It's important to note that Damage Waiver is NOT insurance. According to the Rental Contract and equipment operation guidelines, you are still responsible for any personal injuries or property damage. The Damage Waiver applies for the same duration as the rental period, which begins when you collect the equipment and ends when you return it.
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.
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.
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.
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
You will be charged a $100 deposit in order to place a reservation. This deposit is NONREFUNDABLE, unless the reservation is canceled 48 hours in advance. For inclement weather issues, such as rain, that cause you to have to cancel the reservation, a 24 hour notice is required.