Terms and Conditions
For the purpose of this contract 1096640 B.C. Ltd (doing business as Xtend Rentals is herein Known as the "Dealer"
This equipment and or goods noted on the face page of the contract are rented to the customer subject to the following terms and conditions.
1. INSPECTION Customer acknowledges that he has had the opportunity to personally inspect the equipment, and finds it suitable for his needs and in good condition, and that he understands its proper use. Customer further acknowledges his duty to inspect the equipment prior to use and notify Dealer of any defects.
2. SINGLE SHIFT It is agreed that the said property is intended for a single shift of only 8 hours per day. If used for more than one shift per day, the customer agrees to pay for each additional hour used as per agreement.
3. REPLACEMENT OF MALFUNCTIONING EQUIPMENT if the equipment becomes unsafe or in disrepair as a result of normal use, Customer agrees to discontinue use and notify Dealer who will replace the equipment with similar equipment in good working order, if available. Dealer is not responsible for an incidental or consequential damages caused by delays or otherwise.
4. WARRANTIES there are NO WARRANTIES of merchantability or fitness, either expressed or implied. There is no warranty that the equipment is suited for customers intended use, or that it is free from defect. The Customer acknowledges that no verbal, written, express or implied warranties of any nature or kind whatsoever have been made by the dealer.
5. HOLD HARMLESS AGREEMENT Customer agrees to assume the risks of, and hold Dealer harmless for property damage and personal injury caused by the equipment and/or arising out of the Dealer's negligence.
6. PROHIBIED USES use of the equipment in the following circumstances is prohibited, and constitutes a breach of this contract.
a. Use for illegal purpose or in illegal manner
b. Use when the equipment is in bad repair or is unsafe
c. Use of the equipment and/or goods in situations that the reasonable man would feel are improper, unintended or misuses
d. Use by anyone other than the customer or his employees, or use at another location other than the address furnished to the Dealer
without the Dealer's written permission
7. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT Dealer may assign his rights under this contract, without Customer's consent, but will remain bound by all obligations herein. The customer may not sublease or loan the equipment without Dealer's written permission. Any purported assignment by Customer is void.
8. TIME OF RETURN Customer agrees to return or arrange pickup for the rented equipment and/or goods during the Dealer's regular store hours upon termination of the rental period and further agrees to pay an additional charge if the goods are retained beyond the expiration of the rental period. Equipment is billed for time out not time used. The Customer must notify Dealer when use of equipment is complete.
9. DIRTY, DAMAGED, OR LOST EQUIPMENT Customer agrees to pay for any damage to or loss of the goods, regardless of cause, except reasonable cleaning charge for equipment returned dirty Accrued rental charges cannot be applied against the purpose or cost of repair of damaged or lost goods. Equipment damaged beyond repair will be paid for at its Fair Market Value when rented. The cost of repairs will be borne by the Customer, whether performed by the Dealer, or, at Dealer's option, or by others. Customer acknowledges that equipment received is fully fueled and agrees to return equipment in the same manner or Dealer will charge a refueling fee.
10. COLLECTIONS COSTS Customer agrees to pay all reasonable collection, attorney's and court fees and other expenses involved in the collection of the charges or enforcement of Dealers rights under this contract.
11. REPOSSESSION Upon failure to pay rent or other breach of this contract. Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods.
12. INDEMNITY Customer agrees to indemnify the Dealer for all loss, costs, charges, damages and expenses suffered by the Dealer in respect to any injury (including death) to any person (including the Customer) or damage to any property (including the property of the Customer) arising out of the use of said equipment by the Customer or b a person or corporation during the term of this agreement. Customer agrees to comply with the By-Laws, statutes and regulations in any way relating from the breach of or non-compliance with any such By-Laws, statutes or regulations.
13. CUSTOMER ACKNOWLDEDGES that the said machinery does or does not have the approved roll-over protection.
ALL RENTAL RATES ARE BASED ON AN 8 HOUR FULL DAY, 40 HOURS PER WEEK AND 160 HOURS PER MONTH.
