Rental Terms and Agreement
Buyer acknowledges that the ONLY warrantied provided with this product(s) are those provided by th manufacturer and the DEALER makes NO warranties
of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE either expressed or implied.?
TERMS AND CONDITIONS OF RENTAL
In consideration of hiring of the Equipment described, without operator, bu the undersigned (hereinafter referred to as the "Renter") from the
company named on reverse side (hereinafter referred to as the "Dealer") upon the terms and conditions, and for the price specified, it is agreed
- RENTAL AND TERM begins on the date and time specified as "TAKEN OUT" and terminates on the date and time specified as "DUE
IN" unless amended in writing on the reverse of the 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 of the equipment. Renter agrees to
pay on return of Equipment to Dealer's premises, all charges and costs for the use thereof, Renter's right to use the Equipment terminates
on the expiration and due dates set forth above unless extended in writing by Dealer.
- CONDITIONS OF HIRING INSPECTION PRIVILEGE AND WAIVER OF DEFECTS. Renter accepts and hires the Equipment on an "as is" basis.
Renter acknowledges receipt of all the equipment in good working condition and repair and declares the Renter fully understands its proper
operation and use. Renter acknowledges and declares that the Renter has examined the Equipment and all hitched, bolts, safety chains hauling
tongues, together with all devices and materials used to connect the equipment or Renters towing motor vehicle, if any, and Renter declares
that he has received all of such Equipment in a secure and operative condition Renter is responsible for loading and unloading the goods.
If the Dealer's employees assist in loading and unloading the gods, the Renter agrees to assume the risk of, and hold the Dealer harmless
for any property damage or personal injuries, including damage or injuries attributable to the negligence of the Dealer or his employees.
Renter agrees to return the Equipment to Dealer's premises upon the expiration and due date hereof in as good condition as when received
by Renter, ordinary wear and tear expected. "Ordinary wear and tear" shall mean only the normal deterioration of the Equipment caused bu
the ordinary and reasonable us on a one shift (eight hours per day, five days per week) basis. Renter agrees to pay immediately all charges
and cost incurred.
- EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR. Renter will immediately discontinue use of the personal property should it at anytime,
following the execution of this agreement or any subsequent agreement become 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 Rental
Equipment or product.
- COMPLIANCE WITH LAWS. Renter acknowledges that Dealer has no control over the use of the Equipment by Renter, and Renter agrees,
at his sole expense, to comply with all municipal, provincial and federal laws, ordinances and regulations, including the Occupational
Safety and Health Administration Act of 1970 (OSHA) which may affect the Equipment while it is in the possession of and use by the Renter.
Renter shall not permit any person who is not legally qualified to us the Equipment.
- PERMITTED AREA OF USE OF EQUIPMENT. Without Dealer's written consent, Renter shall not remove the Equipment from the province
in which it is rented.
- RENTER'S LIABILITY FOR MISUSE OF EQUIPMENT. Rent 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 hold Dealer harmless from any claims or actions arising there from. Renter shall furnish Dealer with a complete record
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 of the loss of possession thereof, or inability to return the
same to Dealer on the expiration adn 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.
- DISCLAIMER OF WARRANTIES, DEALER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT'S MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Renter's sole remedy for any failure of or defect in the Equipment shall be the 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.
- USE OF DEPOSIT, AND LIABILITY FOR LATE PAYMENT, UPON BREACH BY RENTER. Renter acknowledges that the purpose and intent of
the deposit paid by Renter hereunder is to secure the payment of rental charges hereunder and to guarantee the full and complete performance
of each and all of the terms, covenants and agreements to be performed by Renter hereunder. Renter agrees to pay a late payment penalty
at the rate of one and one half (1 ½) percent per month on all delinquent accounts.
- INDEMNIFICATION OF DEALER BY RENTER. Renter expressly indemnifies and holds Dealer harmless of, from and against any and all
claims, loss, costs, damages, attorney's 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 recover possession of said Equipment, or to enforce any of the therms,
conditions or provisions hereof. Renter agrees to pay all costs and reasonable attorney's fees of dealer incurred in connection therewith.
- 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.
- 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 whether said taxes appear as part of the fact of this contract or whether said taxes are later claimed
by the governmental authority. In the event of a claim by any governmental authority for taxes arising out of this transaction, renter
agrees to pay to dealer said taxes.
- TITLE. Title to the Equipment is and shall remain in 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 reasonable necessary to do so.
- CONSTRUCTION. The paragraph headings used herein are for convenience only and are not to used in construing the meaning or
intent of any of the terms or provisions of this Rental Contract.
- INDEMNITY. Renter agrees to indemnify the Dealer from all loss, charges, damages, and expenses suffered by the Renter in respect
of any injury (including death) to any person (including the Renter) or damage to any property (including property of the Renter) arising
out of the use of the said Equipment by the Renter or by any person or corporation during the term of this agreement.
TERMS AND CONDITIONS OF SALE
(APPLIES ONLY TO THE ITEMS SOLD, NOT RENTED)
In consideration of the purchase of the Equipment described, b the undersigned (herein after 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 teh price herein specified, it is agreed
The Buyer hereby acknowledges that teh 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 warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE or any other warranties unless the Dealer has
so provided in writing and the writing is signed by an AUTHORIZED REPRESENTATIVE of the DEALER.
I, the buyer, hereby acknowledge that I have read all of the above terms and conditions of sale and that I understand that this is an "as is" sale
of used goods.