Terms And Conditions
1. AUTHORITY TO SIGN. Each individual signing this contract represents and warrants that he or she is of legal age, and has the authority and power to sign this rental agreement as or for the Customer.
2. TITLE AND OWNERSHIP. The title ownership, right of property and right of possession to the equipment shall at all times remain, and to be vested in Rental Expert at the Customer's risk and shall not by reason of being upon or attached to any land, building or erection whatsoever become or be a fixture or part of or appurtenant to any realty and shall at all times be severable there from.
3. RENTAL PERIOD AND CALCULATION OF CHARGES. Rental charges commence when the equipment leaves the Rental Experts location and charges end when the equipment is returned to the Rental Experts location. Equipment must be returned during Rental Experts' normal business hours. Rental charges accrue during Saturdays, Sundays, and all holidays. Rental rates are for normal usage based on eight (8) hours per day, forty (40) hours per week, and one-hundred and sixty (160) hours per month. Certain items, as noted, will be subject to an hourly surcharge for any and all hours above the normal usage as stated.
4. DEPOSIT. In addition to securing the payment of all applicable rental charges, Customer agrees that any monies used as a rental deposit shall be deemed to be a guaranty by Customer of the full and complete performance of each and all of the terms, covenants, and agreements to be performed by the Customer hereunder, and in the event of any breach by the Customer thereof, said deposit shall be credited against any damages, costs or expenses incurred by Rental Experts as a result of such breach, without prejudice to any other rights or remedies which may be available to Rental Experts in respect of such breach.
5. TERMS OF PAYMENT. All rentals and other charges shall be due and payable in full upon return of the equipment to Rental Experts. For those Customers with credit privileges ("charge customers"), all rentals and other charges shall be due and payable within thirty (30) days following the date of Rental Experts' invoice to Customer. Past due accounts are subject to a late payment fee equivalent to two percent (2%) per month (24% per year) on the outstanding balance.
6. CUSTOMER'S INSURANCE COVERAGE. Customer agrees to maintain and carry, at customer's cost, throughout the entire rental period, (i) comprehensive general liability insurance against claims for bodily injury Including death), personal injury and property damage, and, (ii) legal liability, property damage and casualty insurance for an amount or amounts not less that the full replacement cost of the equipment. including all risks of loss or damage covered by the standard extended coverage endorsement, such policies to be in forms and amounts sufficient to cover any loss, damage or liability arising from the handling, transportation, maintenance, operation or use of the equipment. When requested, Customer shall supply to Rental Experts proof of such insurance by Certificate of Insurance clearly setting forth the coverage for the equipment and naming Rental Experts as loss payee and additional insured; such insurance and evidence thereof to be in amounts and form satisfactory to Rental Experts.
7. FAILURE TO DELIVER Customer releases arid discharges Rental Experts from any and all liability or damages (including, without limitation, damages for loss of profit, loss of productivity, loss of business opportunity and other economic loss) which may be caused by failure to deliver the said equipment within the agreed time if such failure to deliver is caused by weather. Act of God, accident, breakdown, act of third parties, or circumstances or facts beyond the control of Rental Experts.
8. RECEIPT AND INSPECTION OF EQUIPMENT. Customer acknowledges that it has inspected the equipment prior to taking possession thereof, and further acknowledges that said equipment is in good working condition and repair. Customer is familiar with the proper use and operation of each item of equipment.
9. USE OF EQUIPMENT. Customer agrees to comply with any and all applicable municipal, provincial, and federal laws, by-laws, ordinances and regulations which may apply to the use of the equipment. Customer agrees to check filters, oil, fluid levels, tire pressure, and clean and visually inspect equipment daily, or more frequently as work conditions and good operating practice dictate. The customer agrees to notify Rental Experts immediately should equipment become unsafe or require repair or maintenance, and customer further agrees to cease using said equipment immediately. Should equipment malfunction as a result of normal operation, Rental Experts will repair or replace equipment at Rental Experts' sole discretion.
10. INDEMNITY/HOLD HARMLESS. Customer acknowledges and assumes all risks inherent in, arising from or in any way connected with the operation and use of equipment. While in possession and control of the equipment, the customer will exercise all necessary precautions to protect persons and property from any injury or damage. Rental Experts shall not be responsible or liable for any injury,
loss or damage, however caused, including, without restriction, any injury, loss or damage connected with the operation or other use of equipment.
11. REASONABLE WEAR & TEAR. Reasonable wear and tear of the equipment shall mean only the deterioration of the equipment caused by ordinary and reasonable use on a single shift (8 hours per day; 40 hours per week) basis. The following shall not be considered reasonable wear and tear: (i) damage resulting from lack of lubrication or maintenance of necessary oil, water, fuel types, fuel mixtures, and air pressure level; (ii) damage resulting from any collision, overturning, or improper operation, including overloading or exceeding the rated capacity of the equipment; (iii) damage in the nature of dents, bending, tearing, staining, or misalignment to any part of the equipment; (iv) damage or wear resulting from equipment use in excess of shifts for which rented; (v) any other damage to the equipment which is not considered ordinary and reasonable in the equipment rental industry. Any and all repairs required to equipment shall be made to the satisfaction of Rental Experts in a manner which complies with the equipment manufacturer's specifications.
12. DAMAGE WAIVER. Unless the Customer expressly indicates its refusal of Damage Waiver protection on the front of this Contract, the Customer shall be conclusively deemed to have accepted Damage Waiver and all of its terms and conditions. In the event the Customer accepts Damage Waiver protection, either expressly or implied, and Rental Experts has deemed this contract as eligible for Damage Waiver protection on the front of this contract (the non-occurrence of either or both events being indicated by the words "This contract is not covered by Damage Waiver" on the front hereof) the Customer shall pay to Rental Experts, in addition to the applicable rental charge, a waiver fee respecting the accidental damage to the equipment, such fee being equal to seven (7.0) percent of the gross rental charge. Upon such waiver fee being paid by the Customer to Rental Experts, Rental Experts agrees to waive its right of indemnity with respect to accidental damage to the equipment against the Customer or the Customer's insurance (as maintained by the Customer pursuant to Condition 6 hereof), to the extent of the first two thousand dollars ($2000) of indemnity. The Customer shall be fully
responsible for loss, theft, malicious or non accidental damage, vandalism and damage to equipment caused by failure to lubricate, maintain, or properly operate the equipment.
13. ASSIGNMENT, LENDING/SUBLETTING. The Customer shall not remove the equipment from the Province of Manitoba without the consent, in writing, of Rental Experts, nor shall the Customer sublet or loan such equipment to any person but shall return it to Rental Experts in good condition and repair at the end of the rental period.
14. JURISDICTION AND INTERPRETATION. This agreement expresses the entire contract between the parties hereto and is not subject to any later change, alteration or amendment, except such as are made in writing signed by or on behalf of all parties. If any dispute shall arise between the parties or by any two of them as to the meaning of these presents, the same shall be interpreted pursuant to the laws, by-laws, rules, regulations, and ordinances prevailing in the Province of Manitoba. The Customer also understands and agrees that the courts and tribunals of the Province of Manitoba shall be the forum for the determination of all claims, disputes or actions arising therefrom.
15. THIS AGREEMENT TO SUPERSEDE. The Customer agrees that where the provisions of the Customer's purchase order or contract conflict with the provisions of this contract, this contract shall govern and supersede the provisions of the Customer's purchase order or contract, whether accepted, acknowledged, or otherwise executed by or on behalf of Rental Experts.
16. If the Customer retains the equipment for more than ten days beyond the maximum estimated rental period, the lessor may take appropriate measures for the prosecution of the lessee for the theft and/or conversion.
17. In constructing this contract, when the context so requires or permits, words in the singular shall include plural and vice versa, and the words importing the masculine shall include the feminine and the neuter and vice versa, and words importing persons shall include vice versa. In addition, in all instances the word "Customer" shall mean the lessee and the words "Rental Experts" shall mean the lessor.
18. The Customer agrees that it will not assign this contract or any interest herein, or mortgage or hypothecate this contract or any interest therein, without the written consent of Rental Experts having first had and obtained. Consent of any of the foregoing prohibited acts shall apply only in the given instance and a further like act by the Customer or by the Customer's assignee or sub lessee shall
require a further written consent.
19. The contract shall ensure the benefit of and be binding upon the successors and assigns of the respective parties hereto and the heirs, executors and administrators or the Customer, if an individual, always providing that nothing in this paragraph contained shall impair any of the provisions herein before set forth prohibiting assignment without the written consent of Rental Experts.
20. Where the Customer is a corporation or is other than the person signing this contract on the Customer's behalf, the person signing this contract represents and warrants that he has the authority of the Customer to execute this agreement on the Customer's behalf and to pledge the credit of the Customer, and where applicable that the person signing this contract is a duly appointed singing officer of the Customer properly authorized in that behalf. The person signing this contract agrees to be jointly and severally liable with the Customer for the performance and/or payment of all the Customer's obligations under this contract.
21. The Customer authorizes Rental Experts to obtain such credit information as such deemed necessary to protect the lessor’s interest in this contract, including, but not restricted to obtaining Driver License and Vehicle Registration information from the licensing authorities.
22. IMPORTANT FAILURE TO SIGN THIS AGREEMENT SHALL NOT RELEASE THE CUSTOMER FROM RESPONSIBILITY FOR LOSS OR DAMAGE IMPOSED UNDER THE TERMS AND CONDITIONS HEREIN.