Terms and ConditionsTemporary2018-01-16T13:27:30-08:00
Terms and Conditions
The rental period shall commence on the date of shipment of the equipment covered by this Agreement from the lessor’s premises and shall end on the date of return of the equipment to the Lessor’s premises.
The Lessor shall load the equipment for shipping to the lessee and unload it upon return. The Lessee shall, at its own expenses do all other loading and unloading, *installing, *dismantling and hauling (*In accordance of the regulations set forth within the province the work is being performed and equipment is being leased) and shall pay all transportation charges from and to the Lessor’s shipping and receiving points. The Lessor may ship the equipment in accordance with its own judgement if shipping instructions are not furnished prior to loading and shipping. The Lessor will not be responsible for delays due to strikes, transportation, equipment deliveries or other causes beyond its control.
Before the equipment is loaded for transit the Lessee may require and inspection thereof by proper authorities. If the Lessee does not inspect the said equipment before it is loaded for transit, then the Lessee is conclusively deemed to have accepted that the equipment is in good operating order with broken or worn out parts.
In the event that the equipment is not returned to the Lessor at the expiration of the term of this lease, the Lessee shall be responsible for the payment of additional rent on such equipment until the equipment is returned to the Lessor and all the terms and conditions of this lease shall at all time remain applicable mutatis, mutandis.
All rentals due under this lease are payable in advance to the Lessor at the address designed herein and with prejudicing the Lessor’s right to terminate this lease for non-payment of rental, overdue payments shall bear interest at the rate of eighteen (18%) per annum.
All cost relating to delivery and pick-up of the equipment shall be the responsibility of the Lessee and the rental of the equipment shall at all times be F.O.B the Lessor’s premises.
The right of the Lessor is herein reserved to remove the equipment for the Lessee’s project at any time if in the Lessor’s opinion the equipment is in danger because of strikes or any other condition.
The Lessee shall at its expense maintain the equipment and return it to the Lessor in good repair and in running order fair wear and tear expected.
The lessee shall indemnify the Lessor for lass and damage to the equipment and agrees to pay the Lessor all rental due hereunder plus the sale price of any equipment not returned to the Lessor.
The Lessee shall not remove, alter, disfigure or cover up any numbering, lettering or insignia displayed upon the equipment shall see that the equipment is not subjected to careless or needless rough usage and shall at its own expense maintain and return to the Lessor the equipment and it’s appurtenance in good repair and operative condition. The equipment is to be installed, maintained and operated in conformity with safe practice and in accordance with the requirements of all laws, ordinances and regulations, present or future to absolute exoneration from liability of the Lessor. Without limiting the generally of the foregoing the Lessee shall at its own expense, during the term of the lease, pay the cost of all fuels and lubricants required to operate the equipment, all repairs required to be made to the equipment in order to keep it in good repair and condition, the replacement of all broken or worn out parts and any and all local municipal provincial and federal taxes assessments and charges levied upon the equipment while in the possession of the Lessee. The Lessor shall have the right at any time and from time to time to enter the premises where the equipment is situated and shall be given free access thereto and afforded necessary facilities for the purpose of inspection.
Title of the equipment shall remain at all times in the Lessor. The Lessee shall give the Lessor immediate notice in case any equipment is levied upon or from any cause becomes liable to seizure. The equipment shall not, without the written consent of the Lessor, be removed from the site to which the same has been delivered and shall not be intermingled, connected or used with any equipment of others. Should the Lessee default in making any payment more than five days, or become bankrupt, or fail to maintain and operate or to return the equipment as provided herein, or substantially violate and provision hereof, the Lessor may after one day’s notice, terminate this rental, take possessions of the equipment without becoming liable for trespass and recover all rental due, full damages for any injury to and all expenses, incurred in returning the equipment. The Lessee will pay all cost, charges and expenses, including reasonable solicitor’s accounts, incurred and retaking possession of the equipment or in the collection of any sums which may be due and owing to the Lessor by the Lessee including the defence of any action brought against the Lessor for damage3s caused by the Lessor’s equipment to any person while such equipment is in the possession of the Lessee. The said equipment shall be deemed to be in the possession of the Lessee for all purposes of this Agreement form the time it is loaded for transit to the Lessee until the time that the said equipment has been returned by the Lessee to the Lessor’s yard or such other point as the Lessor shall in writing, direct.
The Lessor shall not in any event whatsoever be liable or responsible to the Lessee in any way for any kind whatsoever or any personal injury or death that may be suffered or sustained by the Lessee or any employee of the Lessee or the Lessee’s agent or any other person caused by reason of the operation, handling, transportation or use of the equipment herein leased while such equipment is under the control of or in the possession of the Lease or its employees, agents or carriers and the Lessee agrees to indemnify the Lessor against all claims made by any person against the Lessor as a result of any damages of any kind whatsoever of any personal injury or death while such equipment is under the control of or is in the possession of the Lessee or its employees, agents or carriers and the Lessee hereby renounces all claims present or future against the Lessor for any loss or damage which the Lessee may suffer, either directly or indirectly by reason of the condition of the equipment or its suitability for the work it may by required to perform.
The Lessee shall, all its own expenses maintain public liability and property insurance to protect the Lessor and the Lessee against damages to property and persons from the operation, handling or transportation of the equipment during the rental period. In addition, the Lessee shall insure the equipment to the value of it’s replacement cost to the Lessor, against all risks of physical loss or damage, however caused and shall name the Lessor as an additional insured on such policy or policies. At the request of the Lessor, the Lessee shall furnish certificates or insurance evidencing that such coverages are in effect.
The liability for injury, disability and/or death of workmen and other person caused by the operation, handling or transportation of the equipment during the rental period shall be that of the Lessee and it shall indemnify the Lessor against all such liability. The Lessee shall also indemnify and save harmless the Lessor against all loss, expense, damage and/or penalties which may arise out of any action for damages to property or person occasioned by the operation, handling or transportation of the equipment during the rental period. The Lessee hereby renounces all claims which it may have against the Lessor for any loss or damage which it may suffer either directly or indirectly by reason of the condition of the equipment of its suitability of the work it may by required to perform.
The Lessee shall not assign or transfer any interest in this lease.
There are no rights, warranties or conditions expressed or implied statutory or otherwise, other than those herein contained