In consideration of the hiring of the Equipment described, without operator, by the undersigned (hereinafter referred to as the “Renter”) from GTA Equipment Rentals Inc. (hereinafter referred to as the “Dealer”) upon the terms and conditions, and for the price herein specified, it is agreed as follows.
1. RENTAL AND TERM begins on the date and time specified as “DATE/TIME OUT” and terminates on the date and time specified as “DUE DATE” unless amended in writing on the reverse of this contract. Rental charges commence on delivery of Equipment to Renter and end upon return of Equipment to Dealer’s premises. Dealer may terminate rental at any time and take possession of the Equipment. Renter agrees to pay on return of Equipment to Dealer’s premises, all charges and costs for the use of the Equipment. Renter’s right to use the Equipment terminates on the DUE DATE set forth above, unless extended in writing by the Dealer. The rental rate shall not be subject to any deduction for any non-working time during the rental period, nor because the Renter returns the Equipment to the Dealer before the DUE DATE.
2. CONDITIONS OF HIRING, INSPECTION PRIVILEGE AND WAIVER DEFECTS. Renter accepts and hires the Equipment on an “as is” basis. Renter acknowledges receipt of all Equipment in good working condition and repair and declares that Renter fully understands the proper operation and use thereof. Renter acknowledges and declares that it has examined the Equipment and all hitches, bolts, safety chains, hauling tongues, together with all the devices and material used to connect the Equipment to Renter’s towing motor vehicle, if any, and Renter declares that he has received all such Equipment in a secure and operative condition. Renter is responsible for loading and unloading the goods using the Equipment. If the Dealer’s employees assist in loading or unloading the goods, the Renter agrees to assume the risk of, and hold the Dealer harmless for, any property damage or personal injuries, including damage and injuries attributable to the negligence of the Dealer or his employees. Renter agrees to return equipment to Dealer’s premises on the DUE DATE in as good condition as when received by Renter, 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. Renter agrees to pay immediately all charges and costs incurred.
3. EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR. Renter will immediately discontinue use of the Equipment should it at anytime, following the execution of this agreement becomes unsafe or in a state of disrepair. Furthermore, the Renter will immediately notify the 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 person and all property from the Equipment.
4. COMPLIANCE WITH THE LAWS. Renter acknowledges that Dealer has no control over use of the Equipment by Renter, and Renter agrees at his sole expense to comply with all municipal, provincial and federal laws, by-laws, and regulations, including the Occupational Health and Safety Act (Ontario) which may affect the Equipment while it is in the possession of and in use by the Renter. Renter shall not permit any person who is not legally qualified to use the Equipment.
5. 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 lien to be placed upon the Equipment without Dealer’s written consent. In the event of any accident or casualty resulting in bodily injury or property damages arising out of Renter’s use and hiring of said Equipment, Renter agrees to accept all responsibility therefore and shall indemnify and hold the Dealer harmless from any claims or action arising therefrom. Renter shall furnish the 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 or destruction of any part of the Equipment, or loss of possession thereof, or inability to return the same to Dealer, on the Due Date, for any reason whatsoever, Renter shall pay Dealer the actual replacement cost thereof, and in addition thereto Dealer’s loss of use of said Equipment.
6. DISCLAIMER OF WARRANTIES. Dealer makes NO warranties, expressed or implied, as to the Equipment’s merchantability or fitness for any particular purpose. Renter’s sole remedy for any failure or defect in the Equipment shall be termination of the rental charges at the time of failure, provided the Equipment is 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.
7. USE OF DEPOSIT, AND LIABILITY FOR LATE PAYMENT, UPON BREACH BY RENTER. Renter acknowledges that the purpose and intent of the deposit paid by the Renter hereunder is to secure the payment of rental charges hereunder and to guarantee the full and complete performance of each of all the terms, covenants and agreement to be performed by Renter hereunder, Renter agrees to pay a late payment penalty at the rate of two percent (2%) per month (26.83% per annum) on all delinquent accounts. All costs incurred to collect overdue accounts will be added to outstanding invoices and deemed collectable.
8. INDEMNIFICATION OF DEALER BY RENTER. Renter expressly indemnifies and holds Dealer harmless from and against any and all claims, loss, costs, damages, legal fees and/or liability in connection with the hiring and use of the Equipment regardless of whether a lawsuit is filed. In the event a suit is instituted by Dealer to receive possession of said Equipment, or to enforce any of the terms, conditions or provisions hereof, Renter agrees to pay all costs and reasonable legal fees of Dealer incurred in connections therewith.
9. THEFT WARNING. Failure to return Equipment on the expiration and due date in certain circumstances will be considered a theft resulting in a criminal prosecution.
10. TAXES. Renter agrees to pay any and 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. In the event of a claim by any government authority for taxes arising out of this transaction, Renter agrees to pay to Dealer said taxes upon demand.
11. TITLE. Title to the Equipment is and shall remain with Dealer. If the Equipment is levied upon for any reason whatsoever, Dealer may retake the Equipment without notice or legal process, and may take all action reasonably necessary to do so.
12. CONSTRUCTION. The wordings used herein are for convenience only, and are not to be used if construing the meaning or intent of any of the terms or provisions of the Rental Contract.
13. RENTER hereby consents to the use of its personal information provided to the Dealer for the purpose of monitoring Renter’s credit worthiness and/or collecting for Dealer’s use.
14. GOVERNING LAW. This contract shall be governed by the laws of the Province of Ontario.
15. DAMAGE WAIVER. Unless previously accepted or rejected by a separate written agreement, by accepting the DAMAGE WAIVER, Renter agrees to pay an additional charge equal to 10% of the rental charge. In return thereof, Dealer agrees to waive certain claims for loss or damage to the Equipment rented as specified below.
If the Renter has accepted the DAMAGE WAIVER by not checking his rejection and initialing the appropriate portion of this Agreement, the Renter shall have no responsibility for physical damage to the Equipment except the following for which Renter shall be responsible:
A. The first $250.00 of loss or damage from any cause other than those losses or damages set forth in paragraphs B, C, D, E, F, G, H and I below, for which Renter shall be fully responsible and liable, with respect to each individual item of equipment.
B. The first $250.00 of loss or damage from any cause other than those losses or damages set forth in paragraphs A, C, D, E, F, G, H and I below, for which Renter shall be fully responsible and liable with respect to motor trucks, excluding fork lifts.
C. Loss or damage resulting from overloading or exceeding the rated capacity of Equipment.
D. Loss or damage to motors, to other electrical appliances or devices caused by artificial electrical current.
E. Damage to tires and tubes caused by blowout, bruises, cuts, road hazards, or other causes inherent in the use of the Equipment.
F. Loss or damage resulting from lack of lubrication or other normal services of the Equipment.
G. Loss or damage due to theft, mysterious disappearance, or shortage disclosed on inventory.
H. Loss or damage caused by negligence of Renter, his employees, or persons to whom the Equipment is entrusted.
I. Use of the Equipment in violation of any of the terms of this Agreement.
J. Renter further agrees that Dealer shall be subrogated for any recovery right that Renter may have for damage to the Equipment in the form of insurance protection for such damage.
If Renter has insurance covering such loss or damage, 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 any and all proceeds from such insurance to Dealer. Upon request by Dealer, Renter shall furnish the 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 a copy of a police report in respect of the incident relating to the damage or loss.
TERMS AND CONDITIONS OF SALE (Applies only to items sold, not rented)
In consideration of the purchase of the Equipment described, by the undersigned (hereinafter referred to as the “Buyer”) from the company named on the reverse side (hereinafter referred to as the “dealer”), upon the terms and conditions, and for the price herein specified, it is agreed as follows:
The buyer hereby acknowledges that the product(s) described on the reverse side hereof which is the subject of this sale is a “used product” and is being 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 regarding the products sold pursuant to this Agreement, unless the Dealer has so provided in writing and the writing is signed by an AUTHORIZED representative of the dealer.
Buyer acknowledges that the ONLY warranties provided with this product(s) are those provided by the manufacturer and that the Dealer, as re-seller, makes NO warranties of merchantability or fitness for particular purpose, either expressed or implied.
I, THE BUYER, HEREBY ACKNOWLEDGE THAT I HAVE READ ALL OF THE ABOVE TERMS AND CONDITIONS OF SALES AND THAT I UNDERSTAND THAT THIS IS AN “AS IS” SALE OF USED GOODS.