Terms and Conditions of Rental Agreement – Beaver Equipment Rental
BY SINGING THIS INVOICE, THE CUSTOMER AGREES TO THE SPECIAL STATEMENTS BELOW AND THE GENERAL TERMS AND CONDITIONS OF THIS RENTAL CONTRACT(BELOW).
SPECIAL STATEMENTS CUSTOMER AGREES TO :
- I WILL CONTACT BEAVER EQUIPMENT RENTAL IF THE RENTAL MACHINE IS TIPPED OVER AND WILL NOT START THE MACHINE
- I NOTED THAT A FLIPPED OVER RENTAL MACHINE CAN CAUSE A DAMAGED ENGINE, REQUIRING A NEW CRATE ENGINE WHICH THE CUSTOMER WILL REIMBURSE BEAVER EQUIPMENT RENTAL FOR.
- I ( THE CUSTOMER IN THE RENTAL AGREEMENT ) AM THE ONLY ONE AUTHORIZED TO USE THIS MACHINERY AS A SIGNATURE TO THIS AGREEMENT
- I ( THE CUSTOMER IN THE RENTAL AGREEMENT) ACKNOWLEDGE THAT AT ALL TIMES I AM RESPONSIBLE FOR THIS RENTAL AND ANY ISSUES THAT MANY OCCUR INCLUDING BUT NOT LIMITED TO THEFT.RESPONSIBILITY INCLUDES BUT IS NOT LIMITED TO REIMBURSING BEAVER EQUIPMENT RENTAL FOR ANY MONETARY LOSSES THAT MAY OCCUR.
- I ( THE CUSTOMER IN THE RENTAL AGREEMENT) HAVE BEEN PROVIDED A WALK AROUND OF THE MACHINERY AND AGREE TO ITS CONDITION
- I ( THE CUSTOMER IN THE RENTAL AGREEMENT) WILL OPERATE THE MACHINE IN A SAFE MANNER AND I UNDERSTAND HOW TO OPERATE THIS MACHINE
- I ( THE CUSTOMER IN THE RENTAL AGREEMENT) AM LIABLE FOR ANY BODILY/PROPERTY DAMAGES THAT MAY OCCUR ON RENT
- THE PROPERTY DAMAGES ABOVE INCLUDE THE RENTAL MACHINERY DAMAGING ANY UTILITIES LINES SUCH AS NATURAL GAS, WATER,ELECTRICAL AND INTERNET CABLES.
- I( THE CUSTOMER) AM RESPONSIBLE AT ALL TIMES FOR ENSURING THE TRAILER THAT ANY MACHINE COMES WITH IS PROPERLY ATTACHED TO A VEHICLE ACCORDING TO MTO STANDARDS.
GENERAL TERMS AND CONDITIONS - BEAVER EQUIPMENT RENTAL
1.GENERAL RESPONSIBILITIES.
This Rental Agreement (“Agreement”) is between Beaver Equipment Rental Inc. (“Beaver Equipment Rental”) and the customer identified on page 1 of this Agreement (“Customer” or “You”).
Beaver Equipment Rental inc will provide you the tool(s) identified on page 1 of this Agreement (the “Equipment”) “as is” and in good working condition or the time (“Rented Period”) and rental subtotal price identified on page 1 of this Agreement (“Rental Price”).
You agree to return the Equipment prior to the expiration of the Rented Period, or to pay the
additional rental fees described in Section 9 of this Agreement.
2. PHYSICAL CONDITION OF RENTAL EQUIPMENT
You acknowledge that, prior to taking the Equipment, You examined it and saw it in operation (if appropriate)
You acknowledge that the Equipment is in good working condition except for any defect
noted in this Agreement.
It is your responsibility to return the rented Equipment to Beaver Equipment Rental INC in the same working condition.
3. TITLE
You agree that Beaver Equipment Rental Inc shall retain all right to ownership and title to the Equipment.
You also agree that no ownership or title to the Equipment is transferred to You under this agreement, and you will do no act nor permit anyone else to do any act inconsistent with Beaver Equipment Rental Inc ownership and title in the Equipment.
4. USE OF THE EQUIPMENT
(a) You agree that You are satisfied with the instructions given by Beaver Equipment Rental inc as to the proper and safe manner of using the Equipment or that You told Beaver Equipment Rental inc that You are familiar with the proper and safe manner of using the Equipment.
You further agree: (i) that the Equipment will be used at the designated
address and only for the purpose for which the Equipment was manufactured and intended; (ii) to not sublease the Equipment;
(iii) That You will keep the Equipment free and clear of all liens, charges and
encumbrances;
(iv) to use the Equipment only for its customary purpose and immediately discontinue use of
the Equipment if it becomes unsafe and/or in a state of disrepair;
(v) to use the Equipment in compliance with all applicable laws and regulations
(vi) to return the Equipment to Beaver Equipment Rental Inc in as good order
and condition as when received;
(vii) that, as indicated on page 1 of this Agreement, You have taken and read all manuals, written operating instructions, and warnings as supplied for the Equipment
Or that You are already familiar with these instructions and consequently declined, as indicated on this Agreement, to take these manuals and instructions.
(b) You further agree that You shall not:
(i) alter or cover up any decal or insignia on the Equipment or remove any operational or safety instruction;
(ii) use the Equipment in a negligent, illegal, unauthorised or abusive manner, or in any publication (print, audiovisual or electronic); or (iii) remove or utilise the
or (iii) remove or utilise the Equipment outside of Canada.
5. RELEASE, INDEMNIFICATION AND WAIVER OF DAMAGES; RESPONSIBILITY FOR USE; NO WARRANTIES
You are responsible for the use of the Equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER
INDEMNIFIES, RELEASES, WAIVES AND HOLDS BEAVER EQUIPMENT RENTAL INC HARMLESS FROM AND AGAINST ALL
CLAIMS, LOSSES, EXPENSES (INCLUDING LEGAL FEES AND EXPENSES), LIABILITIES AND DAMAGES
(INCLUDING PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, AND SPECIAL, INCIDENTAL AND
CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS OPERATION OR USE, OR
ANY DEFECT OR FAILURE THEREOF OR A BREACH OF THE BEAVER EQUIPMENT RENTAL INC OBLIGATIONS HEREIN.
CUSTOMER’S INDEMNITY OBLIGATION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS
AGREEMENT.
BEAVER EQUIPMENT RENTAL INC does not design or manufacture the Equipment and is not the agent of the manufacturer or any other supplier of the Equipment.
YOU AGREE THAT NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE HAVE BEEN MADE BY BEAVER EQUIPMENT RENTAL INC IN CONNECTION WITH RESPECT TO THE
EQUIPMENT RENTED. IN NO EVENT SHALL BEAVER EQUIPMENT RENTAL INC BE LIABLE FOR SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT.
You acknowledge acceptance of the Equipment on a “as is” and “where is” basis, with “all faults” and without any recourse whatsoever against BEAVER EQUIPMENT RENTAL INC.
IF ANY PART OF THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION, CUSTOMER AGREES THAT THIS CLAUSE SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE EXTENT THAT YOUR JURISDICTION OF RESIDENCE DOES NOT ALLOW
(I) THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES;
(II) THE EXCLUSION OR LIMITATION OF LIABILITY FOR BODILY INJURY (INCLUDING PERSONAL INJURY AND DEATH); OR
(III) THE EXCLUSION OR LIMITATION OF DAMAGES CAUSED DIRECTLY BY A GROSS OR INTENTIONAL FAULT, SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.
6. RESPONSIBILITY FOR EQUIPMENT
You are responsible for the Equipment from the time it is rented by You until it is returned. Your
responsibility includes, but is not limited to, ensuring the proper oil levels are maintained and proper fuel or
fuel/oil mix is used, if applicable. If the Equipment is lost, stolen, or damaged under any circumstances while rented, regardless of fault,
You shall be responsible for all charges to replace or repair the Equipment
including any labour costs.
7. LOADING AND UNLOADING OF EQUIPMENT
In the event that BEAVER EQUIPMENT RENTAL INC employees assist in loading or unloading of the Equipment, You assume the risk of, and hold BEAVER EQUIPMENT RENTAL INC harmless from any property damage or personal injuries in connection with loading and/or unloading the Equipment, save where the Equipment is being rented in the
Province of Quebec.
8. EQUIPMENT FAILURE AND REPAIR
You agree to immediately discontinue the use of the Equipment should it become unsafe or in any state of disrepair, and You agree to notify BEAVER EQUIPMENT RENTAL INC of the facts surrounding such occurrences.
BEAVER EQUIPMENT RENTAL INC , in its sole discretion, make the Equipment operable within a reasonable time, or provide You with a similar piece of equipment, if available, or adjust the rental charges. This provision does not relieve You from the obligation imposed by other sections of this agreement. In all events, BEAVER EQUIPMENT RENTAL INC shall
You from the obligation imposed by other sections of this agreement
In all events, BEAVER EQUIPMENT RENTAL INC shall not be responsible for any injury or damage, including consequential damage, resulting from the failure or defect of any rental Equipment.
9. RENTAL CHARGES; RETURN OF THE EQUIPMENT
(a) The Equipment is rented to You subject to this Agreement for the Rental Price and for the Rented Period
printed on page 1 of this Agreement. If the Equipment is rented to You on a monthly basis, a month is defined as being equal to (28) days. If You would like to extend the term of this rental beyond the time and date specified on the agreement under Date and Time Due In on page 1 of this Agreement, You must immediately notify BEAVER EQUIPMENT RENTAL INC to obtain approval to extend this Agreement and the terms for such an extension.
(b) If this Agreement has not been extended and You fail to return the Equipment when due, or You default on your obligations hereunder, You will incur and be charged an additional rental fee in the amount identified on page 1 of this Agreement on a weekly, recurring basis beginning on the 7th day following the end of the Rented Period (“Additional Rental Fees”) until either (i) the Equipment is returned, or (ii) or the maximum rental charge identified on page 1 of this Agreement at the time of rental has been recovered.
The BEAVER EQUIPMENT RENTAL INC may AT ANY TIME take such steps as permitted by law to repossess the Equipment and/or be reimbursed the reasonable value of the of the Equipment based on the condition of the Equipment at the beginning of the Rented Period. In such event, You shall reimburse BEAVER EQUIPMENT RENTAL INC for all costs incurred, including without limitation, reasonable legal fees. YOU EXPRESSLY AGREE AND HEREBY AUTHORISE BEAVER EQUIPMENT RENTAL INC TO CHARGE TO YOUR CREDIT CARD OR DEBIT CARD ALL AMOUNTS SHOWN ON PAGE 1 OF THE AGREEMENT, AND ALL CHARGES SUBSEQUENTLY INCURRED BY YOU UNDER OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO THE EQUIPMENT, EXTENSION OF THE RENTED PERIOD, REPAIR COSTS, AND ANY CHARGES INCURRED FOR FAILURE TO TIMELY RETURN THE
EQUIPMENT, INCLUDING ANY ADDITIONAL RENTAL FEES AND/OR EQUIPMENT REPLACEMENT FEES.
To the extent permitted by law, You agree that an additional service charge of the lesser of (i) 1.5% per month (18% per annum), and (ii) the maximum rate permitted by law, shall be assessed on all delinquent accounts, until paid in full.
You will not be permitted to rent any other equipment until your account is paid in full. If
payment towards the account is returned, denied, or otherwise unable to be processed, the balance due may be sent to a 3rd party collection agency. YOU HEREBY AGREE THAT YOU ARE NOT ENTITLED TO NOTICE OF DEFAULT OR NOTICE OF ANY ACTION OF ENFORCEMENT BY BEAVER EQUIPMENT RENTAL INC OTHER THAN WHAT IS
EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT. Should BEAVER EQUIPMENT RENTAL INC fail to meet any of its obligations under this Agreement, your only remedy is repair or replacement of deficient Equipment receive, at BEAVER EQUIPMENT RENTAL INC option, a rental charge adjustment.
(c) Notwithstanding any repossession of the Equipment by BEAVER EQUIPMENT RENTAL INC and/or payment of the reasonable value of the Equipment as described above, You shall remain responsible for amounts due and unpaid by You to BEAVER EQUIPMENT RENTAL under this Agreement, including any amount incurred by BEAVER EQUIPMENT RENTAL as a result of, or in connection with, the repossession of the Equipment as provided for in this clause.
You acknowledge BEAVER EQUIPMENT RENTAL INC is entitled to take any or all of the action specified in clauses 9(a) and 9(b).
10. EVENTS OF DEFAULT
You acknowledge that you will be deemed to be in default under this Agreement if:
(i) You breach any term or provision of this Agreement
(ii) You permit a judgement against you to remain unpaid for a period of ten (10) days after the date of judgement, or
(iii) any proceedings in bankruptcy, receivership or insolvency or for your reorganisation or liquidation are commenced against You or your property.
11. EFFECT OF DEFAULT
You agree if any of the above events of default occurs, all rent and other charges then and thereafter payable by You to BEAVER EQUIPMENT RENTAL INC under this Agreement shall immediately accelerate and become due and payable to BEAVER EQUIPMENT RENTAL INC without notice or demand to You. You shall immediately and at your sole expense return the Equipment to BEAVER EQUIPMENT RENTAL INC as provided herein. BEAVER EQUIPMENT RENTAL INC may take steps to secure return of the Equipment and/or the reasonable value of the Equipment as provided in Clause 8 of this agreement. You acknowledge that no waiver by or on behalf of BEAVER EQUIPMENT RENTAL INC of any breach or default by You under this agreement shall be deemed a waiver of any future breach or default. No delay in exercising its rights shall constitute a waiver of any right or prejudice BEAVER EQUIPMENT RENTAL INC exercise of any remedies in respect of any existing or future default.
12. COLLECTION COSTS
You agree to pay legal fees, collection fees, court costs and any other expenses incurred in collecting any charges under this agreement, in repossessing the Equipment or otherwise enforcing the terms of this Agreement.
13. CHARGES ON CREDIT CARDS/DEBIT CARDS
(a) You agree that BEAVER EQUIPMENT RENTAL INC is authorised to add applicable additional rental and insurance charges and taxes and BEAVER EQUIPMENT RENTAL INC charges and expenses of cleaning the Equipment, if any, and other amounts which may be or become due under this Agreement to the applicable credit card or debit card transaction
record.
You acknowledge that this right is in addition to any other rights of BEAVER EQUIPMENT RENTAL INC under this Agreement or available to it at law.
(b) You agree to the reservation of credit, by credit card issuer, up to the estimated charges due under this Agreement and authorise to process a credit card voucher, if applicable, for all charges due under this Agreement.
14. PAYMENT & DEPOSITS
You will pay the Rental Price, without any offsets, in full at the time of return using a payment card approved by BEAVER EQUIPMENT RENTAL INC (“Customer Card”). To the extent permitted by law, You must notify BEAVER EQUIPMENT RENTAL INC in writing of any disputed amounts, including credit card charges, within four (4) days after the receipt of The
BEAVER EQUIPMENT RENTAL INC rental contract/invoice, or You shall be deemed to have irrevocably waive Your right to dispute such amounts. You agree to pay the deposit identified on page 1 of this Agreement (“Deposit”), without any offsets, in full at the time of rental using a Customer Card. You acknowledge that BEAVER EQUIPMENT RENTAL INC may apply the amounts of the Deposit to any amount owing to BEAVER EQUIPMENT RENTAL INC.
The Deposit will only be returned to You after all amounts payable to BEAVER EQUIPMENT RENTAL INC are paid in full.
15. MODIFICATION OF AGREEMENT
This constitutes the entire agreement between You and BEAVER EQUIPMENT RENTAL INC, and You acknowledge that there are no collateral, oral, or other agreements outstanding. None of BEAVER EQUIPMENT RENTAL INC rights may be changed
and no extension of the term of this agreement may be made except in writing, signed by BEAVER EQUIPMENT RENTAL INC and You , and made part of this Agreement.
16. ASSIGNMENT
You acknowledge that BEAVER EQUIPMENT RENTAL INC may assign its rights under this agreement and transfer its title in Equipment without your prior written consent. You agree, however, not to sublet, loan or assign the Equipment.
18. ENGLISH LANGUAGE
The parties hereto hereby acknowledge that they have required this Agreement and all related documents
and notices to be drawn up in the English language.
Les parties aux présentes reconnaissent avoir requis
que la présente convention et tous documents et avis connexes soient rédigés en langue anglaise.
19. REPAIR COST
Customer agrees that an estimated “Repair Cost” shall be charged for equipment that is returned with damage due to abuse, misuse, neglect, intentional acts, and/or failure to follow the proper use and care instructions for the Equipment. The Repair Cost shall not exceed the NEW REPLACEMENT value of the tool. Customer acknowledges and agrees to pay the Repair Cost and authorises The BEAVER EQUIPMENT RENTAL to charge the Repair Cost to the Customer Card.
20. NOTICES
In compliance with your consent, or applicable law, or both, BEAVER EQUIPMENT RENTAL INC may elect to send any notices to Customer by any means determined by BEAVER EQUIPMENT RENTAL INCt. If Customer has provided BEAVER EQUIPMENT RENTAL INC
with an email address, BEAVER EQUIPMENT RENTAL INC may, in compliance with your consent, or applicable law, or both,send communications including notices to Customer by email and any such email notice by BEAVER EQUIPMENT RENTAL INC shall be valid notice for purposes of this Agreement, subject to applicable law.
21. CUSTOMER INSURANCE REQUIRMENTS