In consideration of the hiring/rental of that certain vehicle, machine or equipment described in the rental agreement (the “Equipment”) without a driver or operator to _____________________________ (the “Customer”) by The Rental Shop Ltd., operating as “The Rental Shop.ca” (www.therentalshop.ca) (the “Company”), and acknowledging that the Customer has accepted these terms and conditions (by way of the online booking of the Equipment), the parties further
evidence their agreement to be mutually bound to the following terms and conditions:
1. TITLE: The Company shall retain all right to ownership and title to the Equipment. The Customer acknowledges and agrees that no ownership or title to the Equipment is transferred to the Customer under this Agreement. Customer will do no act, nor permit anyone else to do any act, inconsistent with the Company’s ownership and title in the Equipment. If the Equipment is levied upon for any reason whatsoever, Company may retake the Equipment without notice or legal process and may take all action reasonably necessary to do so without interference, objection or resistance from or by the Customer.
TERM AND TERMINATION
2. TERM: The term of this Agreement begins on the date & time specified as “START” and terminates on the date and time specified as “RETURN” as written on the rental agreement, unless amended in writing and paid for in advance. The rental period commences on delivery of Equipment to Customer and ends upon the actual return of Equipment to Company’s premises. All rentals must be paid for in advance of the rental term. If the return of the Equipment exceeds the “DUE” date and time, the Customer is responsible for the additional rental charges for the excess period as set forth in the Agreement.
3. TERMINATION: If the Customer (a) fails to make payment of any installment of rent, (b) becomes bankrupt, (c) violates any provision of this Agreement or if the Equipment is levied upon or becomes liable to seizure, then the Company may, at its option terminate this Agreement. The Company will serve notice of termination to the email address provided by the Customer. Thereafter, the Company may at any time take possession of the Equipment and in so doing it will
not be liable for trespass of the Customer’s property for purposes of retaking possession of the Equipment.
4. PAYMENT: The amount of the rental agreement shall be paid by the Customer in advance and shall be available to the Company as security to be applied by it and at its option to the payment and/or performance of any obligations of the Customer under this Agreement. This includes, without limitation, the payment of rent. The Company shall have the option to apply advance payments to cure any default under the terms of this Agreement.
5. RESPONSIBILITY FOR RENTAL: The Customer agrees to pay, on return of the Equipment to Company’s premises, any and all outstanding charges and costs for the use of the Equipment. Customer’s right to use the Equipment terminates on the expiration and due dates set forth above unless extended in writing by the Company.
6. CONDITION: The Customer agrees that it will return the Equipment in the same condition that it was delivered. All Equipment will be sent out clean and in working order, the Customer agrees to return it as such. The Company shall immediately upon return of the Equipment assess the returned equipment and shall at its option assess a cleaning fee or repair fee.
7. CREDIT AND DEBIT CARD AUTHORIZATION: Client specifically authorizes the Company to charge Client’s credit card or debit card for any and all charges related to this rental. This includes, but is not limited to, rental charges, cleaning charges, costs of repairs as a result of the rental or which arise pursuant to this Agreement.
8. COLLECTION & LEGAL COSTS: The Customer agrees to pay legal and collection costs, court costs and any other reasonable expenses incurred by the Company or its agents and representatives in collecting any charges under this Agreement, in retaking the Equipment or otherwise enforcing the terms of this Agreement.
9. INTEREST: Past due accounts bear interest at the rate of 2% per month, calculated and assessed on a daily basis.
CONDITION & USE
11. Possession: The Customer agrees not to have the Equipment physically leave their possession as indicated on the rental order and agreement (the “Customer”) and agrees to take all necessary action to ensure that, employees, agents, users or representatives abide by this condition, except with the prior written consent of the Company. The Equipment will be the responsibility of the Customer during the entire term of the rental term as stated in Section 2 “Term”
12. CONDITION: Acknowledging that it has been given a reasonable opportunity to inspect the Equipment following delivery of the Equipment to the Customer accepts and hires the Equipment on an “as is” basis. By accepting the Equipment once delivered the Customer acknowledges receipt of all of the Equipment in good working condition and repair.
13. NO TRAINING: Acknowledging that the Company does not provide training on the use or operation of the Equipment as part of the rental, the Customer agrees that it will be solely responsible for operating and using the Equipment in a lawful, prudent and safe manner as if it was its owner. The Customer acknowledges that prior to taking possession the Equipment, that Customer has examined the Equipment and is capable of competent operation of the Equipment.
14. NO PROMISES: The Company does not make any promise as to the durability, quality, condition or suitability of the Equipment for the Customer’s proposed use. Accordingly, the Company shall not be liable to Customer for any loss, damage or expense of any kind caused directly or indirectly by the Equipment or the use or possession, or the repairs, servicing or adjustments to the or by any interruption of service or loss of use of the Equipment, or for any loss of or damage whatsoever and no matter how caused.
15. PRUDENT OWNER STANDARD: The Customer shall use the Equipment in a careful and prudent manner and not for any unlawful purpose. The Customer agrees that it shall at its expense ensure compliance with all legal obligations relating to the possession, use, operation or control of the Equipment. This obligation shall extend to all employees, acquaintances, contractors or agents of the Customer whom it allows to access, control or operate the Equipment.
USE AND DAMAGE
16. RETURN: Customer agrees to return/release the Equipment to the Company upon the expiration and due date in as good condition as when received by Customer, ordinary wear and tear excepted. “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, five days per week) basis. Customer agrees to pay immediately all charges and costs incurred as reasonably assessed by the Company for damage or deterioration of the Equipment beyond ordinary wear and tear.
17. EQUIPMENT FAILURE: Customer agrees to immediately discontinue the attempt to use the Equipment should it at any time become unsafe or in a state of disrepair, and will immediately (one hour or less) notify the Company of the circumstances. The Company agrees in its discretion to make the Equipment operable within a reasonable period of time, to provide Client with a like item if available, or to make a like item available at another time or adjust the rental charges. In all events, the Company shall not be responsible for any injury or damage(s), including consequential damage(s), resulting from failure or defect of Equipment.
18. CARE: Customer shall bear the responsibility for all expenses and costs of the repair (including necessary replacements) service, and maintaining the Equipment in good repair, condition and working order, which shall in all cases be conducted by the Company. The Customer bears the risk of, and shall pay for, any loss or damage to the Equipment. The Customer shall not, without prior written consent of Company, make any alterations or repairs to the Equipment.
19. INSURANCE: Customer agrees to maintain and carry, at its sole cost, adequate liability, physical damage, public liability, property damage and casualty insurance for the full replacement cost of the Equipment, including all risks of loss or damage covered by the standard extended coverage endorsement to cover any damage or liability arising from the handling, transportation, maintenance, operation or use of the Equipment during the rental period. The Customer agrees that it shall name the Company on its policy of insurance as an additional insured. Equipment being rented for personal use, the Customer agrees to defend, indemnify and hold the Company harmless from and against any and all liability, claims and damages of any kind (including legal fees) for injuries or death to persons and damage to property arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the Equipment, however caused. Customer agrees that The Rental Shop reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this Section due to damaged or lost Equipment.
RESPONSIBILITY FOR DAMAGE AND COSTS
20. INDEMNITY: Customer acknowledges and assumes all risks inherent in the operation and use of the Equipment by Customer, and will take all necessary precaution to protect all persons and property from injury or damage while in possession of the Equipment. The Company shall not be responsible to Customer or to any other party for any loss, damage or injury (including any loss of profits, business interruption or other special or consequential damages) caused by, resulting from, or in any way connected with the Equipment, its operation or use, or any defect with respect to the Equipment. Customer agrees to defend, indemnify and hold the Company harmless from and against any and all liability, claims and damages of any kind (including legal fees) for injuries or death to persons and damage to property arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the Equipment, however caused.
The Customer agrees to indemnify the Company for all rental payments due for the Term, all damages incurred to the Equipment while in the possession of the Customer and all out of pocket expenses incurred or threatened to be incurred by the Company in retaking possession of the Equipment.
21. PROTECTION: On some Equipment, a Customer may purchase during the time of checkout (Prior to the Rental Term) No Fault Replacement Protection from the Company, removing the responsibility to replace or repair the equipment if damaged. The equipment must be returned to the Company in some capacity to qualify for this coverage. This coverage does not cover personal property damage, theft or mysterious disappearance, loss, damage or injury (including any loss of profits, business interruption or other special or consequential damages). Protection does not cover Reckless Damage or Destruction if the Customer damaged or destroyed Equipment; it is more than mere negligence. It will be obvious that it was going to cause damage or had the intent to cause damage. Customer agrees that The Rental Shop reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this Section due to damaged or lost Equipment if the Company deems the damage to be caused by Reckless Damage or Destruction.
22. LOSS: In the case of the loss or destruction of any Equipment, or inability or failure to return same to The Rental Shop for any reason whatsoever, Customer will pay The Rental Shop the then full replacement list value of the Equipment together with the full rental rate as specified until such Equipment is replaced. If the Equipment is returned in a damaged or excessively worn condition, Customer shall pay The Rental Shop the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been completed. The Rental Shop shall be under no obligation to commence repair work until Customer has paid to The Rental Shop the estimated cost therefor. Customer agrees that The Rental Shop reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this Section due to damaged or lost Equipment.
23. CUSTOMER’S LIABILITY: The Customer assumes the entire risk of loss with respect to the Equipment from damage, theft, or mysterious disappearance, whether or not due to fault of the Customer and shall pay the Company for said loss immediately upon receipt of invoice. The No Fault Replacement Protection does not cover theft as the equipment must be returned in some capacity to the Company to qualify for this coverage.
24. FAILURE TO DELIVER: Customer releases and discharges the Company from any and all liability or damages (including consequential and special damages) which might be caused by the Company’s failure or inability to deliver the Equipment by any specified date or time.
REFUELING SERVICE CHARGE
25. REFUELING: Customer acknowledges that a “Refueling Service Charge” will be applied to all Equipment not returned with a full tank of fuel. The exact cost of the Refueling Service Charge may vary depending on the rate being charged by the Store Location on the date Customer returns the Equipment. Customer acknowledges that the Refueling Service Charge is not a retail sale of fuel. Customer may avoid the Refueling Service Charge if Customer returns the Equipment with a full tank of fuel. The Rental Shop reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this Section due to Equipment not being returned full of fuel.
26. DEPOSIT: In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the terms of the Agreement to be performed by Customer. In the event of any breach by Customer, the deposit will be credited against any damages, cost or expense incurred by The Rental Shop as a result of the breach.
27. RETAKING POSSESSION: In the event of any actual or anticipatory breach of this Agreement, the Company may, without notice or legal process, go upon Customer’s property and take all action reasonably necessary to take possession of the Equipment. Customer waives all claims for damages and losses that may be threatened or actually incurred. The Customer agrees to pay all costs and expenses incurred by the Company in retaking possession the Equipment due to the actual or anticipatory breach
28. RETURN: If Equipment is to be picked up by the Company, the Customer agrees to provide a secure storage location and accept all risks relative to the stored Equipment until the Company actually takes physical possession of the Equipment.
29. AUTHORITY TO SIGN: Any individual signing this Agreement on behalf of the Customer (if the Customer is a corporation) represents and warrants that he or she is of legal age, and has the authority and power to sign this Agreement and bind the Customer to these terms.
30. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Customer and the Company. The Customer agrees that there are no collateral, oral or side agreements relating to the rental of the Equipment.
31. COMPLIANCE WITH APPLICABLE LAWS: Customer shall, at Customer’s sole expense, comply with all applicable municipal, provincial, territorial and federal laws, ordinances and regulations (including but not limited to those relating to occupational health and safety and to the environment), industry standards and building and zoning codes, and shall possess and maintain all professional licenses, and other licenses and permits, which may apply to the use of the Equipment (“Licenses and Permits”). Licenses and Permits include, without limitation, the discharge of treated water, and disposal of waste or spent Specialty Media or other materials, and security, traffic control and road crossings associated with the use of the Equipment. Customer shall ensure that the Equipment at all times remains movable personal property. Customer shall not permit or allow the Equipment to be incorporated, attached or joined to any real or
immovable property such that it causes the Equipment to be deemed a fixture.
32. GOVERNING LAW: The laws of the Province of Alberta shall govern this Agreement. The parties agree that all disputes shall be heard in the judicial center of Calgary, Alberta and the parties attorney to that jurisdiction for the litigation of disputes that relate to the Equipment and this Agreement.