RENTALS

Rev. 1 - April 2015

1. Rental Period

The rental period shall commence on and include the date of consignment of the equipment from the Lessor’s shipping point to the Lessee, or the Lessee’s agent including any public carrier taking same for transit to the Lessee.  The rental period shall end on and include the date of actual delivery of the equipment to the Lessor, another Lessee of the Lessor or agent of either. Unless negotiated prior to equipment shipping.  In calculating the rental period, one calendar day or any part thereof constitutes one full day. Flex rate rentals subject to a Five (5) day minimum.

 

2. Transportation

The Lessee shall pay all freight, rail or air express and transportation charges from and to the Lessor’s shipping and receiving points.

 

3. Recall

The Lessor reserves the right to remove rental equipment from the Lessee at the location of the rental equipment at any time, when in the Lessor’s opinion, acting reasonably, the Lessor becomes aware that the Lessee has threatened to cease to carry on business, may become subject to insolvency or bankruptcy proceedings voluntarily or involuntarily, or in any other situation in which the Lessor, acting reasonably, deems it to be a situation where the Lessor may not be in a position to continue carrying on business.

 

4. Possession and Inspection

The Lessee shall keep the Equipment in its own custody and control and will not move the Equipment from the location stipulated herein without the previous consent in writing of the Lessor first had and obtained; and will permit the Lessor at all reasonable times to have access to the Equipment to inspect the condition thereof. Lessee represents to the Lessor that the Equipment will be used for business purposes only.

 

5. Consequential Damages

Neither party hereto shall be liable to the other in connection with this Agreement or the subject matter hereof for any indirect, incidental, special, or consequential damages, including but not limited to any overhead costs, loss of revenue, cost of capital, or loss of profit or business opportunity or reputation or from any cause whatsoever, whether such liability arises out of contract, tort (including negligence), strict liability or otherwise.

 

6. Maintenance, Operation, and Repairs

The equipment shall be deemed for all purposes hereof to be in good condition and working order when delivered to the carrier and it is hereby agreed that the LESSOR MAKES NO WARRANTY OR GUARANTEE WHATSOEVER, as to the equipment after it leaves the Lessor’s shipping point, either expressed or implied. The Lessee shall not remove, alter or disfigure any identification insignia displayed upon the equipment and shall ensure that the equipment is not subjected to careless or inappropriate usage, or operated by any person other than those who are fully competent to operate such equipment. The Lessee shall, at the Lessee’s own expense, maintain the equipment and make all repairs and replace all broken or worn out parts in order to keep the equipment in good condition and working order, reasonable wear and tear only excepted, throughout the entire rental period, including but not limited to fitness for a particular purpose, merchantability, quality or capacity of the equipment, workmanship in the equipment, compliance with requirements of any law, rule, specification or contract.

Upon Equipment return, in the event that the Equipment requires repairing or cleaning, the Lessee shall pay to the Lessor, the cost of such repairs and cleaning at rates based on current competitive prices chargeable for such repair and cleaning at the location where such cleaning and repair is performed, plus any transportation, accommodation and related expenses.  The Lessee shall comply with the reasonable requests by the Lessor for the protection of the Equipment including transportation and winterization of Equipment, including but not be limited to:

 

(a) Ensure all folding tables, chairs, etc. are stowed in a manner to avoid damage during transport (i.e. tables to be placed on floor with top down).

(b) Remove all posters, graffiti and other writing

(c) Repair damages to original condition.

(d) Replace all missing items.

(e) Drain water from water storage tank.

(f) Drain and blow out all water lines, water heaters, pumps and water using equipment.

(g) Drain the DWV (drainage waste and vent) system including toilet tanks, bowls, urinals and traps and fill with non-toxic anti- freeze.

(h) For Units equipped with washing machines, add approximately 1/3 gallon of non-toxic anti-freeze.

 

7. Event of Destruction or Partial Destruction

If the Equipment is damaged or destroyed by any cause, all monies received or receivable with respect to such insurance as aforesaid shall forthwith be paid to the Lessor.  In the event that insurance monies payable are, for any reason whatsoever, insufficient to cover, in the case of damage, repair cost, in the case destruction, the Value for replacement of the equipment, the Lessee shall upon demand pay to the Lessor an amount equal to such deficiency. In the event that the damage should render the Equipment unfit for use by the Lessee, then this Lease shall at the election of the Lessor be terminated on Five (5) days written notice directed to the Lessee and the Lessee shall pay to the Lessor such rentals as may then be due. In the event that the Lessor does not elect to terminate this Lease by reason of the destruction or partial destruction of the Equipment then the Lessor shall replace the Equipment with the same or similar Equipment (but not of lesser quality) within thirty (30) days from the date of such destruction and there shall be no abatement of rent whatsoever.

 

8. Indemnification

The Lessee shall indemnify and save harmless the Lessor from any, and all liability, damages, costs, claims, suits or actions arising out of:

(a) Any damage to the Equipment, excluding damage caused by the Lessor, its agents or sub-contractors.

(b) The use, occupancy or possession of the Equipment by the Lessee including any environmental claims.

(c) Any injury to person or persons including death resulting at any time therefrom or occurring in or about the Equipment.

(d) Any injury to person or persons including death or damage to property occasioned by the use or occupancy of the said Equipment or during the transportation of the equipment by the Lessee, its employees or agents.

(e) The Lessor’s ownership of the Equipment.

The Lessor makes no representation or warranty, express or implied, that the Equipment is, or will be, free of mould, bacteria or other biological contaminants of any nature whatsoever. The Lessee acknowledges that it is an express term of this Agreement that the Lessor and its officers, directors, employees, agents, affiliates and other representatives shall have no responsibility or liability, in contract, tort or otherwise, to the Lessee or its officers, directors, employees, agents, affiliates or other representatives or any other person who occupies or otherwise uses the Equipment, for any loss, damages or other claim arising from any presence of mould, bacteria or other biological contaminants in or on the Equipment. In the event that the Lessor and/or any of its officers, directors, employees, agents, affiliates and representatives are found liable in any amount, tort or otherwise, to any person for any loss, damages or other claims arising from any presence of mould, bacteria or biological contaminants in or on the Equipment, the Lessee agrees to fully indemnify the Lessor and its officers, employees, agents, affiliates and representatives in respect of all amounts for which they are found liable. Further, the Lessee agrees to indemnify the Lessor and its officers, directors, employees, agents, affiliates and representatives for all legal fees and disbursements incurred in responding to any claim against any of them relating to or rising from presence or alleged presence of mould, bacteria or other biological contaminants in or on the Equipment.

 

9. Title

The Lessor retains full title and rights to the Equipment and the Lessee will not during the term of this Lease, sell, offer for sale, assign, mortgage, pledge, underlet, lend or otherwise deal with the Equipment or any part of parts thereof, or with the benefit of this Lease or do or cause or permit to be done any act or thing which might prejudice the Lessor rights in the Equipment without the Lessor's consent in writing. The Lessee agrees that the Equipment is a chattel and if placed on land owned by the Lessee, shall not be deemed to be a fixture and if placed on lands other than those owned by the Lessee, the Lessee shall secure from the owner of such lands an undertaking that the Equipment shall not be deemed a fixture and may be removed at any time without notice.

 

10. Condition of Equipment

The Lessee acknowledges that the Equipment may have been used by other parties since the date of manufacture.

 

11. Risk of Loss

Delivery of equipment to Lessee will be deemed to occur as on date of shipment by Lessor to Lessee and all risk of loss is thereafter born by Lessee.  Lessee assumes all liability for loss once equipment is loaded on their carrier and equipment leaves the Lessor’s facility.

 

12. Third Party Payments

The Lessee will duly obtain and punctually pay all rent, rates, taxes, including property taxes, regulatory approvals, permits, charges, licenses, tariffs, tolls and impositions of every nature and kind whatsoever incurred and which may be payable in respect to the transportation, possession or use of the Equipment or in respect of the lands on which the Equipment shall from time to time be situated and will protect the Equipment against distress, execution or seizure and indemnify the Lessor against all losses, cost, charges, demands or expenses incurred by the Lessee by reason of or in respect of any distress, execution, seizure or failure of the Lessee to make payments as herein required. The Lessor shall not in any way be obliged to ascertain, obtain and/or advise the Lessee of any requirements of any jurisdiction in which the Equipment is to be transported in, used by or in possession of the Lessee.

 

13. Warranty

The Lessor warrants to the Lessee that where the Equipment has been serviced by the Lessor, the Lessor shall use sound materials and parts, and that the Equipment will be serviceable for a period of thirty (30) days from the date of the commencement of the term and or delivery of the Equipment to the Lessee, whichever occurs last. The Lessor’s warranty obligations for Equipment are limited to supply or parts and labour necessary to repair or replace defective components. Ancillary expenses associated with such repair or replacement such as freight, travel expense, room and board and overhead shall be borne by the Lessee. Defective parts for which the Lessor may be liable to repair or replace shall not be repaired or replaced without the prior written authority by the Lessor unless repair or replacement is necessitated for reasons of safety or protection of property. The Lessor shall not be liable for any damages due to normal wear and tear including weathering and deterioration of exterior finishes. There shall be no warranty by the Lessor beyond the term of this Agreement in respect of the Equipment.

 

 

 

 

 

 

 

TERMS AND CONDITIONS

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