1. Parties and how this Agreement is formed
This Equipment Rental Agreement ("Agreement") is between TECHNICA EQUITIES LLC, doing business as UtRental, 2303 River Hammock Ln, Fort Pierce, FL 34981 ("Lessor," "we" or "us"), and the person or business named on the UtRental account that places the reservation ("Renter" or "you").
The equipment, accessories, rental period, rates, Tool Protection Plan selection, deposit authorization amount and delivery address for each rental are stated in your reservation confirmation (the "Reservation"). The Reservation is part of this Agreement. "Equipment" means each item listed in the Reservation together with all accessories, batteries, chargers, cases, attachments and manuals supplied with it.
You accept this Agreement at checkout by checking the acceptance box, initialing the statutory notice in Section 20 and typing your full legal name as your electronic signature. You agree that your electronic signature and initials have the same effect as handwritten ones under the federal E-SIGN Act and section 668.50, Florida Statutes. A copy of the accepted Agreement and Reservation is sent to your account email.
This Agreement is a true lease of personal property under Chapter 680, Florida Statutes. It is not a sale, a lease-purchase or a security agreement.
2. Ownership
Lessor owns the Equipment at all times. You receive only the right to possess and use it during the rental period under this Agreement. You may not sell, sublease, lend, pledge, encumber or allow any lien on the Equipment, or remove or cover any identification number, label, decal or tracking device. You may not allow anyone other than you, or your employees acting under your direct supervision for a business account, to use the Equipment.
3. Rental period
Truck deliveries. The rental period begins when Lessor delivers the Equipment to the delivery address and ends at the scheduled pickup time. A "day" is 24 hours.
Shipped deliveries. The rental period begins at 12:00 AM Eastern Time on the day after the carrier records the Equipment as delivered, and ends at 11:59 PM Eastern Time on the last day of the rental period. You must tender the packed Equipment to the carrier named on the prepaid return label no later than the end of the next business day after the rental period ends (the "Return Deadline"). The carrier's first acceptance scan is the time of return.
Rates. Charges are based on the rental period in the Reservation: 1 day, 3 days, 1 week (7 days) or 4 weeks (28 days). Returning Equipment early does not reduce charges, except as stated in the Cancellation & Refund Policy.
Extensions. You may request an extension before the rental period ends by phone or email. Extensions are effective only if Lessor confirms them in writing, and are charged at Lessor's current rates for the additional period.
4. Where the Equipment may be used
Lessor expressly consents, in writing through this Agreement, to your transporting the Equipment to, keeping it at and using it at the delivery address in the Reservation and at any other lawful location within the State of Florida during the rental period. This consent is given for all purposes, including section 812.155(4)(a), Florida Statutes.
You may not remove the Equipment from the State of Florida without Lessor's prior written consent. Removal or attempted removal from Florida without that consent is a material breach of this Agreement.
5. Charges and authorization
You agree to pay: (a) rental charges for the rental period; (b) the Tool Protection Plan charge, if selected; (c) Florida sales tax and applicable discretionary sales surtax; and (d) any additional charges that become due under this Agreement, including late return, cleaning, refueling, missing accessory, packaging, redelivery, damage and loss charges, as described in the Payments, Deposits & Fees policy and the Damage, Loss & Tool Protection Plan.
You authorize Lessor to charge the payment method on your account for all amounts due under this Agreement, and to place a refundable authorization hold for the deposit amount in the Reservation. Lessor will send an itemized statement before or at the time it charges any additional amount after return.
6. Delivery and inspection on receipt
Inspect the Equipment when you receive it. Report any damage, missing accessory or malfunction, with photos, within 2 hours of a truck delivery or within 24 hours of a shipped delivery, and before first use. If you do not report a problem within that time, the Equipment is presumed delivered complete, clean and in good working order.
An adult 18 years or older must accept truck deliveries, and the driver may ask to see the photo ID used to verify the account. Lessor may refuse to leave Equipment if the recipient cannot be verified or the site is unsafe.
7. Your responsibilities while you have the Equipment
You agree to:
- use the Equipment only for its intended purpose, within its rated capacity, and in accordance with the manufacturer's instructions, Lessor's operating notes and the Equipment Use & Safety Policy;
- allow the Equipment to be operated only by competent adults who have read those instructions, and never by anyone under the influence of alcohol, drugs or medication that impairs judgment;
- wear and require appropriate personal protective equipment;
- comply with all laws, regulations, permits and codes, including workplace safety rules if you use the Equipment in a business;
- contact Sunshine 811 as required by Chapter 556, Florida Statutes, before any digging or excavation;
- use only the fuel, oil, batteries, blades and accessories specified for the Equipment;
- keep the Equipment secured against theft, and protected from rain, flooding, salt water and extreme heat when not in use;
- stop using the Equipment immediately if it becomes unsafe, damaged or malfunctions; and
- keep the Equipment in Florida and available for Lessor's inspection or recovery on reasonable notice.
8. Prohibited uses
You may not:
- use the Equipment for any illegal purpose or in violation of any law, permit or HOA rule;
- sublease, lend or rent the Equipment to anyone;
- use the Equipment to handle, remove or abate asbestos, lead-based paint or hazardous substances without the licenses, containment and procedures required by law;
- submerge the Equipment, or use it in water, except pumps as designed;
- alter, repair or disassemble the Equipment, or bypass any guard, interlock or safety device;
- tow, drag or lift Equipment in a way it was not designed for, or transport gas-powered Equipment in an enclosed passenger compartment;
- connect a generator to building wiring except through a properly installed transfer switch; or
- ship the Equipment by any carrier or method other than the prepaid return label Lessor provides.
9. Malfunctions
If the Equipment malfunctions during normal use, stop using it and notify Lessor within 24 hours at (813) 219-7246 or egonzalezosorio@att.net. Do not attempt repairs. Lessor will, at its option, repair or replace the Equipment or credit rental charges for the time the Equipment was unusable after notice. This is your sole remedy for malfunctioning Equipment. If Lessor determines the malfunction was caused by misuse, neglect, overloading or a prohibited use, you are responsible for the repair cost under Section 12.
10. Return condition
Return the Equipment complete, with all accessories, in the same condition as received except for ordinary wear and tear, and reasonably clean. Gas-powered Equipment must be returned with a full tank. For shipped rentals, pack the Equipment in its case and the original box and padding, attach the prepaid return label, and tender it to the carrier by the Return Deadline. For truck rentals, make the Equipment available at ground level at the delivery address at the scheduled pickup time.
Lessor inspects returned Equipment within 3 business days and documents any damage, missing items or excessive dirt with photos. You may request copies of the inspection photos.
If shipped Equipment is lost or damaged in return transit after you properly packed it and tendered it to the carrier with the prepaid label, and you can provide the carrier's receipt or tracking number, Lessor will pursue the carrier and will not charge you for that loss or damage.
11. Late returns
If Equipment is not returned by the end of the rental period (for truck rentals, available for pickup at the scheduled time plus a 2-hour grace period; for shipped rentals, tendered to the carrier by the Return Deadline), you will be charged the 1 day rate for each additional day or part of a day until the Equipment is returned, unless Lessor agreed to an extension in writing. Late charges will not exceed the charge that would apply under Lessor's weekly or 4 week rates for the same total time.
Lessor may demand the return of overdue Equipment in person, by hand delivery, by certified mail, return receipt requested, or by courier service with tracking capability, addressed to the address in your account, as provided in section 812.155(5), Florida Statutes. Lessor may also peaceably recover overdue Equipment where permitted by law.
If Equipment is not returned within 10 days after the end of the rental period and a demand for return, Lessor may treat it as lost under Section 12, in addition to any other remedies, including reporting the matter to law enforcement.
12. Risk of loss, damage and theft
You bear the risk of loss, theft and damage to the Equipment from the time it is delivered to you until it is returned as described in Section 10, whether or not you are at fault, except for ordinary wear and tear and malfunctions not caused by you.
- Damage. You will pay the reasonable cost to repair damaged Equipment, not to exceed its replacement value shown on the tool page and in the Reservation.
- Loss or theft. You will pay the replacement value of lost or stolen Equipment, plus rental charges through the date you report the loss to Lessor.
- Loss of use. For Equipment that must be removed from service for repair because of damage you are responsible for, you will pay the 1 day rate for each day it is out of service, up to a maximum of 7 days.
- Theft reporting. Report theft to law enforcement and to Lessor within 24 hours of discovering it, and give Lessor a copy of the police report.
Wear parts such as blades, bits, chains, trimmer line, cleats, filters and brushes are not charged for normal wear, but are charged at replacement cost if broken, lost or worn beyond normal use. The optional Tool Protection Plan reduces your responsibility as described in Section 13.
13. Tool Protection Plan
If you select the Tool Protection Plan at checkout and pay its charge, Lessor waives some or all of your responsibility for damage, loss or theft under Section 12, subject to the coverage, conditions and exclusions in the Damage, Loss & Tool Protection Plan. The plan is a contractual damage waiver offered by Lessor. It is not insurance and does not cover injury to any person or damage to any property other than the Equipment.
14. Deposit authorization hold
Lessor may place a temporary authorization hold on your payment method for the deposit amount in the Reservation. The hold is not a charge. Lessor releases it within 3 business days after the Equipment is returned and inspected, less any amounts due under this Agreement, which Lessor may capture from the hold. Your card issuer controls how long a released hold takes to disappear from your statement.
15. Assumption of risk and release
You understand that tools and equipment can be dangerous and can cause serious injury, death and property damage, even when used correctly. You accept those risks for yourself and for anyone who uses the Equipment with your permission.
To the fullest extent permitted by Florida law, you release TECHNICA EQUITIES LLC, its members, managers, employees and agents from all claims for injury, death, property damage or other loss arising out of the transportation, possession, use, operation or return of the Equipment by you or anyone you allow to use it, including claims arising from the ordinary negligence of Lessor. This release does not apply to claims caused by Lessor's gross negligence or intentional misconduct, or to any claim that cannot be released under applicable law.
16. Indemnification
To the fullest extent permitted by law, you will defend, indemnify and hold harmless TECHNICA EQUITIES LLC, its members, managers, employees and agents from all claims, demands, losses, fines, damages and expenses, including reasonable attorneys' fees, brought by any third party and arising out of the transportation, possession, use, operation or return of the Equipment during the rental period, or your breach of this Agreement, except to the extent caused by Lessor's gross negligence or intentional misconduct.
17. Warranties and disclaimer
Lessor warrants that the Equipment will be in good working order when delivered. Your remedies for breach of this warranty are stated in Sections 6 and 9.
Except for that express warranty, the Equipment is rented "as is." To the fullest extent permitted by law, Lessor disclaims all other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. Lessor is not the manufacturer of the Equipment and makes no representation that the Equipment is suitable for your particular job. You rely on your own judgment in selecting it.
18. Limitation of liability
To the fullest extent permitted by law, Lessor will not be liable for any indirect, incidental, special or consequential damages, including lost profits, delay, downtime, labor costs or damage to materials, arising out of the Equipment or this Agreement, including any delay in delivery or pickup or any malfunction. Lessor's total liability arising out of any rental will not exceed the rental charges you paid for the Equipment involved. These limits do not apply to Lessor's gross negligence or intentional misconduct.
19. Default and remedies
You are in default if you fail to pay any amount when due, fail to return the Equipment as required, provide false information, use the Equipment in a prohibited way, remove it from Florida without consent, or otherwise materially breach this Agreement. On default Lessor may, in addition to other remedies available by law: end the rental; demand the immediate return of the Equipment; peaceably recover the Equipment where permitted by law; charge amounts due to your payment method; refer unpaid amounts to collection; and report unreturned Equipment to law enforcement.
In any action to enforce this Agreement, the prevailing party is entitled to recover its reasonable attorneys' fees and costs, including on appeal.
20. Notice required by Florida law
The following statement is part of this Agreement as required by section 812.155(6), Florida Statutes. You must initial it at checkout before your reservation can be placed.
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
21. Equipment tracking
Some Equipment may contain GPS or telematics devices that report location, hours of use or operating data. Lessor uses this information only to manage its fleet, schedule maintenance, verify use under this Agreement and locate Equipment that is overdue, lost or stolen, as described in the Privacy Policy. You may not disable or remove these devices.
22. Governing law, venue and jury waiver
This Agreement is governed by the laws of the State of Florida. Any lawsuit arising out of this Agreement must be brought in the state courts located in St. Lucie County, Florida, or in the United States District Court for the Southern District of Florida, except that either party may bring a qualifying individual claim in small claims court.
You and Lessor each knowingly and voluntarily waive any right to a trial by jury in any action arising out of or related to this Agreement or the Equipment.
23. General
- Entire agreement and order of precedence. This Agreement, the Reservation and the policies it references are the entire agreement for the rental. If they conflict, the Reservation controls first, then this Agreement, then the referenced policies, then the Terms of Service.
- Changes. This Agreement may be changed only in a writing confirmed by Lessor. Updated versions of this Agreement apply only to reservations placed after they are posted.
- Severability. If any provision is unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect.
- Assignment. You may not assign this Agreement. Lessor may assign its rights to receive payment.
- Notices. Notices to you may be sent to the email or mailing address in your account. Notices to Lessor must be sent to egonzalezosorio@att.net or 2303 River Hammock Ln, Fort Pierce, FL 34981.
- Survival. Payment, damage, loss, release, indemnification, limitation of liability and dispute provisions survive the end of the rental.