Rental contract
THIS IS A CONTRACT. The words Renter, customer, buyer, you and yours, means the person who signs this contract or are obligated under its terms. We, our and dealer refer to ROGERS RENTAL LTD.
In consideration of the hiring of the equipment (tents are to be include as equipment) described, by the undersigned (hereinafter referred to as the ‘renter’) from the company named (hereinafter referred to as the ‘dealer’) upon the terms, conditions and for the price here in specified. It is agreed as follows:
RENTAL AND TERM Begins and terminates on the time as specified as ‘RENTAL PERIOD’ unless amended in writing on this contract. Rental charges commence on delivery of equipment to Renter and end upon return of equipment to Dealer’s premises, all charges and cost for thereof. Renter’s right to use the equipment terminated on due dates set forth above unless extended in writing by Dealer. Rental charge is for time out-not time used, seven days a week including Sundays and Holidays, unless otherwise specified. Monthly rates constitute 28 days or 4 weeks. Equipment and tool items are based on 24 hour rental period. Pricing on all equipment and tools is based on single shift usage rate. This means its usage is allowed up to 8 hours per day, 40 hours per week, 160 hours per 4 weeks, depending on the rental term.
CONDITIONS OF HIRING, INSPECTION PRIVLEGE, AND WAIVER OF DEFECTS Renter accepts and hires the Equipment on an ‘as is’ basis. Renter acknowledges receipt of all the equipment in good working condition and repair and declares that Renter fully understands its proper operation and use. Renter acknowledges and declares the Renter has examined the equipment and has received all such equipment in a secure and operative condition. Renter is responsible for loading and unloading the goods, if the Dealer or the Dealer’s employees assist in loading and unloading the goods. Renter agrees to assume the risk of and hold the Dealer harmless for any property damage or personal injuries. Including damage or injuries attributable to the negligence of the Dealer, or Dealer’s employees. Renter agrees to return the Equipment to Dealer’s premises upon the expiration and due date hereof in as good condition as when received by Renter, ordinary wear and tear expected. “Ordinary wear and tear” shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one shift (eight hours per day, 40 hours per week, 160 hours per 4 weeks) basis. Renter agrees to pay immediately all charged and cost incurred.
EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR Renter will immediately discontinue use of personal property should it at anytime, following the execution of this agreement or any subsequent agreement, become unsafe, or in a state of disrepair. Furthermore, the Renter will immediately notify Dealer that the Equipment is unsafe or in disrepair, and until such time as Dealer has regained possession the Renter agrees to take all steps reasonably necessary to prevent injuries to any persons and from the Rental Equipment or product.
COMPLIANCE WITH LAWS Renter acknowledges that Dealer has no control over the use of the Equipment by Renter, and Renter agrees, at their sole expense to comply with all municipal, provincial, and federal, laws, by-laws, ordinances, and regulations. The renter agrees to be responsible for all necessary permits and licences as required.
PERMITTED AREA OF USE OF EQUIPMENT It is agreed that the said equipment shall be kept and maintained during the term of this agreement at location indicated on this contract hereof and the Customer agrees not to move the equipment from the locations without written consent of the company.
RENTER’S LIABILITY FOR MISUSE OF EQUIPMENT Renter shall not abuse, harm, or misuse the Equipment. Renter shall not permit any repairs to be made or then to be placed upon the Equipment without Dealer’s written consent in the event of any claims or action arising there from, Renter shall furnish Dealer with a complete report of any accident involving said Equipment, including names and addresses of all persons involved and all witnesses. Unless otherwise specified herein, in case of the loss of destruction of any part of the Equipment, of at loss of possession thereof, of inability to return the same to Dealer, on the expiration and due date, for any reason whatsoever, Renter shall pay Dealer the actual replacement cost thereof, and in addition thereto Dealer’s loss use of said Equipment.
DISCLAIMER OF WARRANTIES DEALER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Renter’s sole remedy for any failure or defect in the Equipment shall be the termination of the rental charges at the time of failure, provides the Equipment in returned to Dealer within 24 hours after such failure. Dealer shall not be responsible for any loss damage or injury to Renter or Renter’s property, including incidental, special or consequential damages, in any way connected with the operation, use, defect in or failure of the Equipment.
USE OF DEPOSIT, AND LIABILITY FOR LATE PAYMENT, UPON BREACH BY RENTER Renter acknowledges that the purpose and intent of the deposit paid by Renter hereunder in to secure the payment of rental charges hereunder and to guarantee the full and complete performance of each of all the terms, covenants and agreements to be performed by Renter hereunder. Renter agrees to pay a late payment penalty at the rate of two (2%) percent per month on all delinquent accounts. Failure to return Equipment on the expiration and due date in certain circumstances will be considered a theft, resulting in a criminal prosecution.
TENTS This equipment shall include the normal anchoring and hardware required for set-up and use. Any additional equipment or materials (i.e., special anchorage) required, will be at the expense of the Renter. Renter will be responsible for the maintenance and storage of the Equipment during the rental period and any lay-over period and agrees to pay the Dealer the cost of all damages to the Equipment including cleaning, reasonable wear and tear accepted. It is the intent of the Renter that the Equipment is returned to Dealer on the expiration and due date, in the same condition as the Equipment was at the commencement of this contract. If in the opinion of Dealer, the Renter is putting the Equipment to a use which has, or is likely to cause damage to the Equipment, Dealer may immediately terminate the agreement and remove the Equipment. In the foregoing events all deposits and prepaid rents shall be absolutely forfeited, and Dealer shall not be responsible for any loss or damage because of such termination or removal. Renter is responsible for any snow removal during winter month’s set-ups. Damage due to not removing snow will be at the expense of the Renter. In the event of inability of Dealer to supply the Equipment to the Renter due to any circumstance beyond the control of Dealer, it is agreed that Dealer’s maximum liability shall be for the return of any deposit and/or prepaid rental fee, only in the event such fees are not forfeited by the renter for any other reason. Dealer shall not be responsible for any lost revenue incurred by the Renter or any other persons, due to the inability of Dealer no supply the above-mentioned Equipment. It is a condition of this agreement that Dealer shall not be liable in any manner for injuries and damages caused to persons, properties, materials, stock, or other articles whatsoever that arise through the Renter’s use of the Equipment of Dealer’s supplying or installation of same, and without limiting the generality of the foregoing, Dealer shall not be liable in any manner for injuries or damages caused to persons, animals, or things failing over or coming in contact with ropes, stakes, or other supports of the Equipment. And the Renter agrees to indemnify and save harmless Dealer from all claims and the Renter agrees to reimburse and save Dealer harmless in the event of any liability or loss by Dealer in such respect. It is a condition of this agreement that before erection of Equipment takes place, the Renter shall have all risk insurance along with adequate General and Tenants Legal Liability Insurance in form satisfactory to Dealer.
INDEMINFICATION OF DEALER BY RENTER Renter expressly indemnifies and holds Dealer harmless of, and against, any and all claims, loss, damages, attorney’s fees and/or liability in connection with the hiring and use of the Equipment regardless of whether a lawsuit is files in the event a suit is institution by Dealer to recover possession of said Equipment, of to enforce any of the terms, conditions, or provisions hereof. Renter agrees to pay all costs and reasonable attorney’s fees of Dealer incurred in connection therewith.
LOSS In case of loss of the rental equipment, the renter agrees to pay the company the full current replacement price thereof.
HITCH The renter declares to have examined the hitch, safety chain, and all connections of equipment to motor vehicle and to have received it in a secure condition.
TAXES Renter agrees to pay all taxes, license fees, or permit fees arising out of the hiring and use of the Equipment. Renter agrees to pay said taxes appear as part of the fact of this contract or whether said taxes are later claimed by the government authority for taxes arising out of this transaction. Renter agrees to pay to Dealer said taxes upon demand.
TITLE Title to the Equipment is, and shall remain in Dealer, if the Equipment is levied upon for any reason whatsoever, Dealer may retake the Equipment without notice or legal process and may act reasonably necessary to do so.
TRANSPORTATION The rental price is F.O.B. the Company’s warehouse, and the customer agrees to pay all transportation or cartage from and return to Company’s warehouse. All deliveries are to a point immediately accessible to our truck.
CONSTRUCTION The paragraph headings used herein are for convenience only and are not to be used construing the meaning or intent of any of the terms or provisions of this Rental Contract.
ATTORNEY FEES AND COSTS If any legal action or other proceeding, including arbitration or declaratory relief is brought for the enforcement of this agreement, or because of an alleged dispute breech, default, or misrepresentation in connection with this agreement the prevailing party, shall be entitled to recover reasonable attorney fees and other costs in addition to any other relief to which the prevailing party may be entitled.
DAMAGE WAIVER Damage waiver is not insurance and is non-refundable once the items are rented. If the Renter has accepted and paid for the DAMAGE WAIVER then, subject to the following exceptions, The Dealer waives its right to require the Customer to be responsible for up to the first $100.00 of the actual replacement cost of the equipment including applicable taxes and shipping costs, resulting from losses to The Dealer arising out of direct physical damage to the Equipment and 50% of the actual replacement cost after the first $100.00. Therefore the customer will be responsible for 50% of the replacement or repair cost after the first $100.00. The Accidental Damage Waiver does not apply to, and the Dealer does not waive any rights or remedies whatsoever against the Customer or otherwise for, loss of or damage to:
(a) The Equipment resulting from upset, overturn or overhead damage (for any reason whatsoever), from use of the Equipment other than in accordance with the provisions of this Rental Contract, or from improper fuel, hydraulic fluid, coolant or pressure levels, improper cleaning, lubrication or servicing or other improper maintenance of the Equipment. (b) Motors, generators, drills or other electrical devices resulting from a portable electric current (unless the source of the electric current is a generator supplied by the Dealer). (c) Hydraulic cylinders, tires and tubes (for any reason whatsoever). (d) Accessories (including without limitation air hoses, electric cords, blades, welding cables, liquid fuel tanks, harnesses and lanyards) for any reason whatsoever, including without limitation theft. (e) Any damage caused by not removing snow from tents as described under 9. Tents as mentioned hereof. (f) Loss or damage due to theft, mysterious disappearance, or shortage disclosed on inventory. (g) Loss or damage caused by infidelity of Renter, his employees, or persons to whom the equipment is entrusted and the use of the equipment in violation of any of the terms of this agreement.
Renter further agrees that Dealer shall be subrogated for any recovery rights that renter may have for damage to the equipment rented hereunder, in the form of insurance protection for such damage If Renter has insurance covering such loss or damages, renter shall exercise all rights available to him under said insurance, take all action necessary to process said claim, and Renter further agrees to assign said claim and pay all proceeds to Dealer. Upon request to Dealer, Renter shall furnish name of his insurance agent, insurance company and complete information concerning insurance coverage carried. Dealer’s waiver of claims against Renter as herein set forth is contingent upon Renter’s prompt making of and submission to Dealer of copy of police report. Damage waiver is secondary to all insurance as carried by renter.
TERMS AND CONDITIONS OF SALE (applies only to items sold, not rented) In consideration of the purchase of the Equipment described, by the undersigned thereinafter referred to as the ‘buyer’ from the company named on this contract (thereinafter referred it as the ‘Dealer’) upon the terms and conditions, and for the price specified, it is agreed as follows:
USED PRODUCTS The buyer hereby acknowledges that the product(s) described on the reversed side hereof, which is the subject of this sale is a ‘used product’ and is sold on an ‘as is’ and ‘with all faults’ basis. The Dealer as the seller makes NO expressed warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE and the Dealer does NOT make any implied warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE or any other warranties unless the Dealer has so provided in writing and the writing is signed by an authorized representative of the Dealer. I, the buyer, hereby acknowledges that I have read all the above terms and conditions of sales and that I understand that this is an ‘as is’ sale of used goods.
NEW PRODUCTS Buyer acknowledges that the ONLY warranties provided with this product(s) are those provided by the manufacturer and that the Dealer makes NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, either expressed or implied.