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 agree