Furniture Rental Contract
Lease
1. This furniture rental contract is entered by and between the parties:
1.1 - LESSOR :
John Richard Locação de Móveis Ltda.
CNPJ 02.964.380/0001-00 I.E.: 115.972.802.113
Adress: Rua Sion, 66 - Veleiros - São Paulo, SP.
1.2 - LESSEE :
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The aforementioned parties execute this contract which will be governed by the following terms and conditions:
2. PURPOSE OF THIS CONTRACT
2.1 - The purpose of this contract is to rent the pieces of furniture belonging to the LESSOR and described in the Annex and Appendix(es) that are an integral part to this contract.
3. VALIDITY OF THIS CONTRACT
3.1 - This contract will be valid as stated in Annex and as of the date the rented FURNITURE is delivered to the LESSEE.
3.2 - Upon the expiration of this contract, the LESSEE is to put the FURNITURE at the disposal of the LESSOR, and the LESSEE is to issue the necessary bill of trade corresponding to the type of transaction as per the applicable law.
Sole Paragraph – For the purposes of this contract, and for determining the applicable indemnification in case of damages to or destruction of the rented furniture caused by the LESSEE, according to the provisions in § 1., section 7.1 of clause seventh below, the unit price of the rented pieces of furniture shall be the unit price stated in the corresponding bill of trade issued by the LESSOR at the time the furniture was delivered to the LESSEE.
4. ASSIGNMENT, SUB-LEASE AND TRANSFER OF THE FURNITURE.
4.1 - The LESSEE shall not assign, sub-lease, or transfer the rented FURNITURE, either fully or partially, to any third parties, nor the LESSEE shall move the rented FURNITURE to a place that is different from the one stated in this contract.
5. PRICE AND PAYMENT TERMS
5.1 - The LESSEE shall pay for the rented FURNITURE a monthly rent plus a delivery, mounting, dismounting, and pick-up fee as stated in the Annex and Appendix(es) hereto.
§ 1.º: If there is an increase in the quantity of rented furniture during the validity of this contract, the monthly rent corresponding to the added furniture will be shown in the relevant Appendix (es), and the first rental period of the Appendix (es) will be calculated “pro rata tempore” (amount in the Appendix / number of days as of the delivery date up to the due date of the Annex), so that all due dates can be on the same day of the month.
§ 2.º: The delivery, mounting, dismounting, and pick-up fee as shown in the Annex and Appendix (es) will be invoiced together with the monthly rent.
5.2 - The monthly rent corresponding to the FURNITURE hereunder shall be paid as provided in the Annex and Appendix (es) that are an integral part of this contract.
§ 1.º: In case the due date is on a Saturday, Sunday, or holiday, the monthly rent is to be paid up on the first subsequent working day.
§ 2.º: If the LESSOR waives any payment delays or other breaches of contract of the LESSEE, such shall not be construed as an alteration of the conditions stated in this contract but as a mere liberality of the LESSOR.
5.3 - In case the LESSEE requests a partial or total pickup of the FURNITURE prior to the expiration of this contract, the LESSEE shall pay a 10% (ten percent) fine on the amount corresponding to the sum of the months till the end of the contract.
5.4 - The LESSOR may ask the LESSEE to produce a guarantor so that any obligations hereunder are duly fulfilled. The guarantor hereby declares to expressly renounce to the rights provided in articles 835 and 839, as well as to the benefits stated in article 837, of the Brazilian Civil Code.
6. OBLIGATIONS OF THE LESSOR
6.1 - The obligations of the LESSOR are as follows:
a) Deliver the LESSEE the FURNITURE rented hereunder in perfect conditions of use, which the LESSEE is to confirm upon receiving the FURNITURE by signing the “Inspection and Reception Statement”. Such declaration is to be signed by the LESSEE’s legal representative present at the delivery site, the signature of whom the LESSEE hereby recognizes as sufficient.
b) sRepair or replace any pieces of FURNITURE presenting manufacturing defects;
c) Pick up the rented FURNITURE within maximum 48 (forty-eight) hours whenever so requested by the LESSEE.
7. OBLIGATIONS OF THE LESSEE
7.1 - The obligations of the LESSEE are as follows:
a) During the validity of this contract, pay the monthly rent and any related charges on time; such payments shall never be interrupted;
b) Preserve the rented FURNITURE as they were received, except for normal wear derived from regular use. The LESSEE shall not performed in the rented FURNITURE any modifications or adaptations whatsoever;
c) Request the LESSOR perform the necessary repairs to any rented FURNITURE that have been damaged or deteriorated, in which case any corresponding costs shall be on the account of the LESSEE;
d) During the validity of this contract, at any time allow the rented FURNITURE be inspected by the LESSOR;
e) Issue the relevant fiscal document for the transaction in accordance with any applicable rules and regulations.
§ 1º - In case the rented furniture are deteriorated or damaged in any way, even if as a result of act of God or force majeure, the LESSEE shall reimburse the LESSOR the price of the destroyed or damaged furniture and dispose of the as provided for in the Sole Paragraph of clause two.
§ 2 º - The LESSEE herein authorizes the LESSOR to issue the collection documents covering the repaired or substituted furniture.
8. BREACH OF CONTRACT
8.1 - The lack of payment of the monthly rent and any relevant charges up to the due date will bring about delinquent interests on the total amount owed plus a fine of 2% (two percent), which will be calculated according to the interest rate valid for calculating the delayed payment of federal taxes, as provided in articles 406 and others of the Brazilian Civil Code.
8.2 - Upon expiration of this contract, in case the LESSEE does not place the rented FURNITURE so that the LESSOR may pick them up, and issues the necessary fiscal documents in accordance with the applicable rules and regulations, the LESSEE will be held responsible for paying any unpaid monthly rents up to the effective date the rented FURNITURE is returned to the LESSOR.
9. PRICE ADJUSTMENTS
9.1 - If this furniture rental lease extends for more than a year, the prices hereunder will be adjusted according to the inflation rate as published by the FIPE (Economic Research Institute Foundation) of the School of Economics of the University of Sao Paulo; in case this index cannot be used, any prices hereunder will be adjusted according to the IGP (General Price Index) as published by the Getulio Vargas Foundation for every year prior to the month in which the monthly rent is to be adjusted.
9.2 - If at any time new federal legislation is enacted to permit indexation of prices based on parameters resulting in adjusted prices higher than the ones would result from the indexes mentioned in 9.1 of this clause, or if new federal legislation is enacted to permit indexation at a shorter periods than 12 (twelve) months as stated in item 9.1 of this clause, prices hereunder will be adjusted in accordance with the new legislation.
10.TERMINATION
10.1 - The LESSOR may consider this contract terminated in case any of the following events occur::
a) Bankruptcy, composition with creditors, insolvency, judicial o extrajudicial foreclosure, either homologated or ordered against the LESSEE, o if the LESSEE becomes out of business;
b) If the LESSEE fails to pay on their due date any of the invoices issued by the LESSOR;
c) If the LESSEE fails to fulfill any of the obligations hereunder strictly as provided herein.
10.2 - In case of termination, the LESSEE shall return the rented FURNITURE and issue the relevant fiscal document in accordance with any applicable rules and regulations, and the LESSEE shall pay any outstanding, past-due monthly rents plus any corresponding delinquent interests.
10.3 - In case the LESSEE does not return the rented FURNITURE within 48 (forty-eight) hours of the contract termination, the LESSOR shall have the right to request an injunction and judicially demand “inaudita altera parte” the returning of the rented FURNITURE, regardless of any judicial or extrajudicial notification, as it characterizes misappropriation.
11.COURTS AND OTHER PROVISIONS
11.1 - To settle any controversies that may arise from this contract the parties hereto choose the Courts of the City of Sao Paulo and renounce to any other regardless of their privilege.
11.2 - This contract is irrevocable and binds the parties hereto, their heirs and successors.
IN WITNESS THEREOF, the parties hereto sign this contract in two (2) equivalent copies, in the presence of the undersigned witnesses.
Sao Paulo, de de 2010.
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John Richard Furniture Rental Ltda
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LESSEE
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GUARANTOR
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WITNESS WITNESS
