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RENTAL TERMS AND CONDITIONS FOR INDIVIDUALS
In consideration of the terms and conditions set forth hereinafter, the Lessor and the Lessee agree as follows:
1. INITIAL CONDITION OF EQUIPMENT
1.1 The Lessee undertakes to inspect the rented Equipment upon delivery and/or prior to the beginning of its use. The Lessee hereby acknowledges that the Equipment:
(a) has been delivered in good, satisfactory and unmarred condition in all aspects, including good functioning and running order;
(b) has been delivered with a full tank of fuel;
(c) is suitable for the purposes intended by the Lessee.
2.1 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.
3. RENTAL PERIOD
3.1 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 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. the day following said notice or by making the Equipment available for pick-up on the very evening of said notice. Failure to comply with these two (2) conditions will result in a minimum rental charge of one (1) additional day for 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 clause 5.1 of this Agreement. When the Equipment is no longer required, the GPS tracking system can also prevent the unit from starting.
3.2 The total or partial loss, fire, theft or disappearance of the Equipment does not terminate this Agreement.
3.3 The Lessee may not rent a piece of Equipment for more than 119 consecutive days.
4.1 No cancellation of rental 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.
5. RENT AND TRANSPORTATION COSTS
5.1 The rent is established in accordance with this Agreement and the rates provided for on the website http://www.equipementstgermain.com
6. TERMS OF PAYMENT
6.1 The rent may be paid either by:
(d) credit - Visa/MasterCard (signed credit card consent form is required)
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, applicable safety standards and by persons qualified to operate the 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 Lessee shall perform all daily maintenance work required. 7.5 The Lessee shall pay all fees and charges relating to the possession or use of the 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 subject it to such tests as may reasonably be necessary to determine its condition. 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 the Equipment.
10. ASSUMPTION OF RISKS, LIABILITY AND INDEMNIFICATION
10.1 The Lessee shall assume all liability for any loss, damage or injury to any person or property resulting directly or indirectly from his possession or use of the Equipment or accessories, regardless of whether such loss, damage or injury is caused by negligence or otherwise. Without limiting the generality of the foregoing, the Lessee shall be liable in the event of fire, theft or disappearance of the Equipment.
10.2 The Lessee shall indemnify the Lessor for all breakage or damage to the Equipment, including repair and travelling time, except for those resulting from normal wear and tear.
10.3 Without limiting the generality of the foregoing, the Lessee understands and acknowledges that the following breakages 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) Damage caused by the use or modification of the Equipment, or its accessories, for purposes other than those intended by the manufacturer;
(d) Damage caused by negligence, accident, collision or otherwise by the Lessee or by the fault of a third party, fortuitous event, Act of God or force majeure.
10.4 The Lessee undertakes to notify the Lessor and the police 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, of or in connection with the possession or use of the Equipment or accessories, whether or not such losses, damages or injuries are caused by negligence.
11.1 The Lessee shall obtain and maintain, at its own expense, insurance covering civil liability, theft and fire and any other insurance 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.
12. RETURN OF EQUIPMENT
12.1 At the end of the rental period, 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 in particular, 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 in this Agreement.
13.1 The Lessee shall be deemed in default hereunder in any of the following cases or events:
(a) Failure by the Lessee to pay on time any amount due hereunder;
(b) Failure by the Lessee to comply with any and all of his obligations hereunder; (c) If a seizure is imposed against the Lessee on the rented Equipment.
14. NO WARRANTIES
14.1 The Lessee acknowledges that the Lessor makes no warranties of form, make, model or other with respect to the Equipment. The Lessor makes no warranty that said Equipment has the qualities or capabilities required by the work contemplated by the Lessee.
15.1 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.
16. NO WAIVER
16.1 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.