Background:

This Equipment Rental (this “Lease”) is made and entered into on the day of lease agreement between:

Lessor: [SITE USER] using the DME.rent website rental service (“Lessor”) and

Lessee: [Midwest DME Supply, Inc.  located at [29226 Orchard Lk Road, Farmington Hills, MI 48334] (“Lessee”)

Equipment Description

The Lessor shall lease the equipment (the “Equipment”) 

Payment Terms

One-time Payment: The total Lease payment based on a rate of the lease terms. The Lease payments shall be due whether or not the Lessee has received notice of a payment date. 

The payments will be made via cash OR Check OR Debit OR Credit card and Credit Card will be required to be kept on file by Lessor until the equipment lease ends. 

Tax

Sales and/or use tax, if required is included. OR

Sales and/or use tax, if required, is not included.

Service Charge

If any rental is kept beyond the rental terms, the Lessee shall pay to the Lessor a  daily fee of $12 for wheelchairs, knee walkers, and rollators, $25 for mobility scooters and power wheelchairs, and $50 per day lift chairs until equipment is returned.

Term of Lease

This Lease shall begin on the Effective Date and shall terminate on the lease end date

Maintenance, use and repair of Equipment

The equipment may only be used and operated with care and for its intended use. The use of the equipment must comply with all applicable laws and regulations, including the correct registration and licenses. 

The Lessee shall maintain, at the Lessee’s cost, the Equipment in good repair and operating condition, allowing for reasonable wear and tear. OR

The Lessor shall maintain, at the Lessor’s cost, the Equipment in good repair and operating condition, allowing for reasonable wear and tear. OR

The maintenance cost of the equipment in good repair and operating condition, allowing for reasonable wear and tear, will be shared by both parties on the agreed terms stating here: 

Such costs shall include labor, material, parts, and similar items.

Alterations 

The Lessee shall make no alterations or modifications to the Equipment without the prior written consent of the Lessor. All alterations remain property of the Lessor and subject to the terms of this Lease.

Lessor’s Right or Inspection 

The Lessor shall have the right to inspect the Equipment during Lessee's normal business hours. OR

The Lessor shall not have the right to inspect the Equipment during Lessee's normal business hours.

Return of Equipment

At the end of the Lease term, the Lessee shall be obligated to return the Equipment to the Lessor within time set out by the rental agreement.

Option to Renew 

The Lessee shall not have the option to renew the Lease for an additional term. OR

Provided that the Lessee is not in default in the performance of this Lease, Lessee shall have the option to renew the Lease for an additional term of rental period beginning at the end of the initial Lease Term. 

Delivery and Acceptance of Equipment

Upon acceptance for Lease by Lessee of any Equipment delivered to Lessee listed in Exhibit A, Lessee shall inspect each item of Equipment delivered pursuant to this Lease and shall immediately notify the Lessor of any discrepancies between such item of Equipment and the description of the Equipment.

Ownership of Equipment

The Equipment shall remain personal property and all times unless the Lessor transfers the title by sale. The Lessee shall immediately advise the Lessor regarding any notice of any claim, levy, lien, or legal process issued against the Equipment. 

Warranty 

The Lessor warrants that the Equipment is in normal and good working order, but makes no further warranties, express or implied, as to the condition of the Equipment. OR
The Lessor makes no warranties, express or implied, as to the Equipment leased and the Lessee assumes all risks and responsibilities for the condition of the Equipment.

Loss and Damage

The Lessee assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever. Lessee agrees to return the Equipment to the Lessor in the condition received from the Lessor, with the exception of normal wear and tear, unless otherwise provided in this Lease. No loss or damage to the Equipment shall impair any obligation of Lessee under this Lease for the entirety of the Lease Term.

If the Equipment is damaged or lost, the Lessor may require the Lessee to repair the Equipment to a state of good working order or replace the Equipment with similar Equipment in good condition and such Equipment shall become the property of the Lessor and subject to this Lease. 

Indemnification

Except for damages or losses due to the Lessor’s acts or negligence, Lessor shall not be liable for any damage or injury to Lessee or other persons or property occurring on or about the premises and Lessee shall indemnify and hold Lessor free and harmless from any liability for any and all losses, claims, injury to or death of any person, or for damage to any property arising from Lessee’s use of the Equipment or from the acts or omissions of any person using or possessing the Equipment with or without Lessee’s express or implied consent.

Rights on Default 

In addition to any other rights afforded the Lessor by law, if the Lessee is in default under this Lease, without notice the Lessor may immediately declare Lessee in default and take possession of the Equipment as provided by law and may deduct the costs of recovery, including attorney fees and costs, repair, and related costs, and hold the Lessee responsible for any deficiency. The Lessor shall be obligated to re-lease the equipment, or otherwise mitigate the damages from the default.

Notice

Any notices required or permitted under this Lease shall be in writing, deemed delivered when delivery is made in person, by mail with postage prepaid, or via electronic means, addressed to the appropriate party at the address shown for that party at the beginning of this Lease. 

Entire Agreement

This Lease constitutes the entire agreement between the parties. No modification or amendment of this Lease shall be effective unless in writing and signed by both parties. This Lease replaces any and all prior agreements between the parties. 

Governing Law

This Lease shall be governed and construed in accordance with the laws of the
State of Michigan.

Severability

If any part or parts of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

Waiver

The failure of either party to enforce any provision of this Lease shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with all provisions of this Lease. The acceptance of payment by Lessor does not waive Lessor’s rights to enforce any provisions of this Lease.

Dispute Resolution

The parties will attempt to resolve any dispute arising out of or relating to this Lease through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. 

Mediation: Any controversies or disputes arising out of or relating to this Lease will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

Arbitration: Any controversies or disputes arising out of or relating to this Lease will be resolved by binding arbitration under the rules of the American Arbitration Association, and any judgment may be entered upon it by any court having proper jurisdiction.

Mediation then Arbitration: Any controversies or disputes arising out of or relating to this Lease will be submitted to Mediation then arbitration in accordance with any statutory rules of mediation. If mediation is not successful in resolving the dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction. The parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

Cumulative Rights: Lessor’s and Lessee’s rights under this Lease are cumulative, and shall not be interpreted or construed as exclusive of each other unless otherwise required by law. 

Binding Effect: The covenants and conditions contained herein shall be valid and continue to bind the Parties and their heirs, representatives, successors, and assigns.