Heavy equipment rental form

In consideration of the terms and conditions set forth hereinafter, the Lessor and the Lessee agree as follows:

1. ACKNOWLEDGEMENT

1.1 The Lessee hereby acknowledges that any and all equipment or accessories (hereinafter referred to as "Equipment") provided by the Lessor for the duration of the present rental agreement (hereinafter referred to as "Agreement") is leased under the terms and conditions provided for herein.

2. INITIAL CONDITION OF EQUIPMENT

2.1 The Lessee shall inspect the rented Equipment upon delivery and/or prior to the beginning of its use. The Lessee acknowledges that in the absence of written notice (by e-mail or text message) sent to the Lessor within 24 hours of delivery and/or the beginning of its use, the Equipment shall be deemed to:

(a) Have been delivered in good, satisfactory and unmarred condition in all aspects, including good functioning and running order;

(b) Have been delivered with a full tank of fuel; (c) Be suitable for the purposes intended by the Lessee.

3. OWNERSHIP

3.1 The Lessee acknowledges that the Equipment is and shall remain at all times the sole property of the Lessor and the Lessee shall not, at any time, either temporarily or permanently, conceal, hide, alter or remove any identification label affixed to or displayed on the Equipment.

4. RENTAL PERIOD

4.1 The rental period begins and is billable from the date of delivery of the Equipment as required by the Lessee or from the beginning of its use, whichever event comes first, and ends with:

(a) A written notice (by e-mail or text message), which may be transmitted 7 days a week, given by the Lessee to the Lessor's dispatcher before 3:00 p.m.; and

(b) The return of the Equipment to the Lessor's offices before 6:00 a.m. on the day following said notice or by making the Equipment available for pick-up on the very evening of said notice. Return charges may apply if the Equipment is picked up outside the initial location of delivery. Failure to comply with these two (2) conditions will result in a minimum rental charge of one (1) additional day to be payable by the Lessee. All Equipment is equipped with a GPS tracking system that allows the Lessor, among other things, to accurately validate the hours and days of use. Any day of use outside the agreed rental period will be charged to the Lessee in accordance with the rent provided for in section 5.1 of this Agreement. When the Equipment is no longer required, the GPS tracking system can also prevent units from starting.

4.2 The total or partial loss, fire, theft or disappearance of the Equipment does not terminate this Agreement. 4.3 The Lessee may not rent any piece of Equipment for more than 364 consecutive days.

5. RENT AND TRANSPORTATION COSTS

5.1 The rent will be established in accordance with the applicable rates specified on the website http://www.equipementstgermain.com (hereinafter referred to as "Website"). Rent is charged for full days regardless of the time of delivery. Rent is based on a maximum number of hours of use, and additional charges are applicable for any excess hours of use. The Lessee acknowledges that these rates may be modified by the Lessor at its sole discretion and accepts any and all such modification.

6. TERMS OF PAYMENT

6.1 The rent may be paid either by:

(a) bank transfer (set us up as a personalized provider, online, to your financial institution, please contact us in order to obtain our bank details);

(b) direct deposit (by file transfer from your accounting software, please contact us to obtain our bank details);

(c) pre-authorized debit (your specimen check is required and the signed bank debit consent form);

(d) check (a fee of $35 will be charged for any check made without sufficient funds (NSF);

(e) interac transfer (Question: rental, Answer: machinery)

(f) cash;

(g) throughput;

(h) credit — Visa/MasterCard (signed credit card consent form required). 

Our Banking Details:

7. USE AND MAINTENANCE

7.1 The Lessee acknowledges that he knows how to use and operate the Equipment.

7.2 The Lessee undertakes to use the Equipment in a prudent, reasonable and appropriate manner, in accordance with the Law and all applicable safety standards; The Lessor further undertakes that the Equipment will be operated or otherwise used only by qualified persons possessing the necessary skills and expertise to operate said Equipment.

7.3 The Lessee undertakes to notify the Lessor without delay of any malfunction of the Equipment.

7.4 The Lessee shall keep and maintain the Equipment in good running order; to that end, the Lessor shall, namely, perform all necessary daily maintenance work.

7.5 The Lessee shall pay all fees and charges relating to the possession or use of the rented Equipment including, but not limited to, fuel (light diesel), oil, lubricants and others.

8. MODIFICATIONS AND IMPROVEMENTS

8.1 The Lessee may not make any modification, addition or improvement to the Equipment without the prior written consent of the Lessor. Any modification, addition or improvement to the Equipment shall be at the sole expense of the Lessee and shall become the property of the Lessor.

9. INSPECTION

9.1 The Lessor may, at any time, inspect the Equipment and perform such tests as may reasonably be necessary or required to ascertain its condition and good running order.

9.2 The Lessee undertakes to give full access to the Equipment to the Lessor and any person authorised by the Lessor for the purpose of inspecting said Equipment.

10. ASSUMPTION OF RISKS, LIABILITY AND INDEMNIFICATION

10.1 The Lessee shall be liable for any loss, damage or injury to any person or property resulting directly or indirectly from the possession or use of the Equipment or its accessories, whether or not such loss, damage or injury is caused by negligence. Without limiting the generality of the foregoing, the Lessee shall be liable in the event of total or partial loss, fire, theft or disappearance of the Equipment.

10.2 The Lessee shall compensate the Lessor for all breakage or damage caused to the Equipment, including repair time and travel time to the site, except for those resulting from normal wear and tear, and shall pay a rent equivalent to the period during which the Equipment cannot be re-rented because of the breakage, in accordance with the hourly rates in effect and mentioned on the Website.

10.3 The Lessee understands and acknowledges that, among others, the following breakages, failure or damages do not result from normal wear and tear:

(a) Damages caused by Equipment rolling over, being overloaded, operated above rated capacity, overheating, misuse, abuse or lack of maintenance, lack of lubrication and/or use of the wrong type of fuel, lubricant or oil;

(b) Damages to tires, tubes, air hoses, wheel rims, shears, bucket knives, teeth, blades, chipper teeth and/or sheet piling jaws;

(c) Damages caused by the use or modification of the Equipment, or its accessories, for purposes other than those intended by the manufacturer;

(d) Damages caused by negligence, accident, collision or otherwise by the Lessee or by a third party, fortuitous event, Act of God or force majeure.

10.4 The Lessee shall notify the Lessor and the police (if need be) without delay in the event of loss, fire, theft or disappearance of the Equipment.

10.5 The Lessee agrees and hereby undertakes to indemnify and hold the Lessor harmless from and against any liability to third parties and to indemnify the Lessor for any damages, losses, legal or other costs and fees the Lessor may incur as a result of, caused by, or in connection with the possession, use and/or operation of the Equipment or its accessories by the Lessee.

11. EXCLUSION OF LIABILITY

11.1 In no event shall the Lessor be liable for any damage, cost, loss or expense of any kind whatsoever that may be caused or suffered by the Lessee by the use of or in connection with the rented Equipment.

12. NO WARRANTIES

12.1 The Lessee acknowledges that the Lessor makes no warranties, either express or implied, as to any matter whatsoever, including, without limitation, the form, condition, quality, capacity, make, model or other with respect to the Equipment.

13. INSURANCE

13.1 The Lessee shall obtain and maintain, at its own expense, insurance covering civil liability, theft and fire and any other insurance policy deemed necessary to indemnify the Lessor for any and all loss of Equipment, up to the replacement value. The Lessee undertakes to maintain said insurance policies in effect from the moment the Equipment is rented by the Lessee or delivered by the Lessor until the time it is returned. The Lessee shall provide upon request a Certificate of Insurance evidencing the applicable coverages. The certificate must also include an additional insured clause issued in favor of the lessor.

14. CANCELLATION

14.1 No cancellation shall be allowed or accepted unless notice (in writing or via text message) is given to the Lessor before 3:00 p.m. on the day before the scheduled beginning of the rental period. Failing such notice, the rent for one (1) day's rental will be charged. Should the Equipment already be at the Lessee’s working site or any other premises, transportation costs will also be charged.

15. RETURN OF EQUIPMENT

15.1 At the end of the rental period, in the event of termination of the rental Agreement or at the express request of the Lessor, the Lessee shall return the Equipment to the Lessor in the same state and condition as it was received, with the exception of normal wear and tear, and shall namely, without limiting the generality of the foregoing, return the Equipment with a tankful of fuel and the track and crawler systems cleaned. Failing which, cleaning time, fuel, fuel and key delivery costs, if any, will be charged to the Lessee in accordance with the applicable rates provided for on the Website.

16. DEFAULT

16.1 The Lessee shall be deemed in default under this Agreement if any of the following event or situation occurs:

(a) Failure by the Lessee to pay on time any amount due hereunder;

(b) Failure by the Lessee to comply with all and any of the obligations provided for herein;

(c) If the Lessor deems the Equipment to be in danger of misuse;

(d) In the event of insolvency, dissolution, bankruptcy or liquidation by the Lessee or if the Lessee makes an assignment, makes a proposal or arrangement with its creditors or takes advantage of or attempts to take advantage of the Bankruptcy and Insolvency Act or if a petition for bankruptcy or reorganization is made by or against the Lessee or if a liquidator, receiver or trustee is appointed or takes possession of the Lessee's property or any part thereof;

(e) If a seizure (before or after judgment) is levied or threatened to be levied against the Lessee or his property or assets or if the Lessee allows such a procedure or judgment to be made or rendered against him.

17. REMEDIES

17.1 In all and any event of default, the Lessor may, at its discretion and without prejudice to any other remedies and recourses, terminate the rental Agreement and require the return of the Equipment in accordance with section 16, without the need for formal notice or prior legal proceedings.

17.2 In the event of default, the Lessee shall lose the benefit of the term and all sums due hereunder shall be payable immediately, without the need for any formal notice or prior legal proceedings.

17.3 If the Lessor requires the services of a lawyer or any other person to collect the amounts due or to return the Equipment when required, the Lessor shall be entitled to claim, in addition to the legal fees and disbursements, an amount equal to 20% of the amounts due as a penalty.

18. INTEREST

18.1 The term of payment is thirty (30) days from the date of invoice. Any unpaid amount due by the Lessee under this Agreement shall bear interest, calculated and compounded monthly, from the date on which the amount became due, at the rate of 24% per annum.

19. ENTIRE AGREEMENT

19.1 This Agreement and all documents and policies of the Lessor referred to herein constitute the entire agreement between the parties relating to the subject matter hereof and prevails over any prior agreement or representation, written or oral, relating to the subject matter hereof. The parties agree and understand that any modification or amendment to this Agreement, if any, must be made in writing.

20. NO WAIVER

20.1 The Lessor's failure to insist upon the strict performance or execution of any provision hereof or its failure to enforce it shall not be construed as a waiver of the application of such provision or any other right.

21. GOVERNING LAW

21.1 This Agreement and its interpretation shall be governed by the laws of the Province of Québec and those of Canada applicable thereto.

22. ELECTION OF DOMICILE

22.1 The parties agree that this Agreement shall be deemed to have been entered into at the address of the Lessor appearing herein and further agree that any question, action, litigation or mediation relating to this Agreement shall be submitted, to the exclusion of any other court, province or state, to the competent court in the Judicial District of Longueuil, province of Québec, Canada.

23.AUTHORISED SIGNATORY

23.1 The Lessee acknowledges that the signatory to this Agreement is duly authorised by the Lessee to sign and bind the Lessee.