Terms & Conditions
1. Rental Period - The rental period shall commence on and include the date of consignment of the equipment from the Lessor's shipping point and shall end on the date of actual delivery of the equipment to the Lessor. For calculating the rental period, 24 hours or any part thereof constitutes one full day.
2. Maintenance Operation and Repairs - The equipment listed in the agreement shall be presumed for all purposes hereof to be in good condition and working order when delivered to the Lessee or Lessee's carrier and it is hereby agreed that the Lessor makes no warranty or guarantee whatsoever as to the leaves the Lessor's shipping point.
The Lessee shall in the event that the said equipment should become unsafe or in a state or disrepair immediately discontinue the use of the same and notify the Lessor of the said defects and the Lessor agrees that it will with reasonable dispatch after receiving such notice either repair or replace such defective equipment.
The Lessee shall see the equipment is not subjected to careless or needlessly rough usage or operated any person other that those who are competent to operate such equipment.
3. Liability of Lessee - The Lessee shall indemnify the Lessor against all loss and damage sustained by the equipment during the rental period and extent of such loss and damage shall be based on the new replacement cost of equipment.
The Lessee shall indemnify the Lessor against all losses, expenses, penalties, damages, condemnations and legal costs which the Lessor may suffer or may be required to condemned to pay for personal injuries (including death) and/or proper damage suffered by any person by reason of the operation, handling, transportation or use of the equipment by or while in the hands of the Lessee or the latter's employees, agents or carriers.
The Lessee hereby renounces all claims which the Lessee may have against the Lessor for loss or damage which the Lessee may suffer, either directly or indirectly, by reason of the condition of the equipment or its suitability for the work it may be required to perform.
4. Insurance - Unless advised to the contrary in writing, the Lessee shall maintain at the Lessee's expense, fire and liability and any other insurance required to indemnify the Lessor against loss or damage sustained by the equipment during the rental period.
5. Levies, Liens and Seizure - The Lessee shall keep the equipment free of levies, liens and encumbrances and shall pay all license fees, registration fees, assessments, charges and taxes ( whether federal, provincial or municipal) which may be levied or assessed directly against or on account of the said equipment or any interested therein or use thereof. If the Lessee fails to pay such fees, assessments, charges or taxes, the Lessor may pay them, in which event the cost thereof together with the Lessor's service charges for payment thereof ( 8% of amount paid) shall constitute so much additional rent which will become immediately due and payable as arrears of rent.
The Lessee shall give the Lessor immediate notice in case of the equipment is levied upon or from any cause becomes liable to seizure.
6. Title and Alienation - Title to the equipment remains at all times vested in the Lessor and nothing contained herein shall be construed to create anything other than the relationship of Lessor and Lessee between the parties.
The Equipment shall at all times during the rental period remain personal property, regardless of the matter in which it may be attached to any real estate.
The Lessee shall not subject the equipment nor shall the Lessee assign or transfer any interest hereunder.
7. Payment - Rent is payable to the Lessor within 30 days of the date of the invoice, and all overdue payment shall bear interest at the rate of Twenty-four percent (24%) per annum.
Accured rental charges cannot be applied against the purchase price of the rental equipment.