Physical Condition of Rental Equipment
You acknowledge prior to taking the rented equipment, you examined it and saw it in operation (if applicable). You acknowledge that the equipment is in good condition except for any defect noted in this agreement. It is you responsibility to return the equipment to Expert Tool Rentals in the same condition.
Title
You agree that Expert Tool Rentals shall retain all right to ownership and title to equipment. You also agree that the no ownership or title to the equipment is transferred to you under this agreement, and you will do no act nor permit anyone else to do any act inconsistent with Expert Tool Rentals’ ownership and title in the equipment.
Use of the Equipment
You agree that you are satisfied with the instructions given by Expert Tool Rentals as to the proper and safe manner of using the equipment or that you told the Expert Tool Rentals that you are familiar with the proper and safe manner of using the equipment. You further agree that the equipment will only be
used at the designated address and only for the purpose for which the equipment was manufactured and intended. Subleasing or improper use of the equipment is strictly prohibited. You agree, as indicated on the front of this agreement, that you have taken and read and understand all manuals, written operating instructions, and warnings as supplied for the equipment or that you are already familiar with these instructions and consequently have declined, as indicated on this agreement, to take these manuals and instructions.
Responsibility for Use
You are responsible for the use of the rented equipment. You assume all risks inherent in the operation and use of the equipment and agree to assume the entire responsibility for the defense of, and to pat, indemnify and hold Expert Tool Rentals harmless from, and you hereby release Expert Tool Rentals, any and all claims and liability for damage to property or bodily injury(including death) resulting from the use, condition, operation, or possession of equipment.
YOU AGREE THAT NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE HAVE BEEN MADE BY Expert Tool Rentals IN THE CONNECTION WITH THE EQUIPMENT RENTED. IN NO EVENT SHALL Expert Tool Rentals BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH AGREEMENT.
Responsibility for Equipment
You are responsible for the equipment from the time it is rented by you until the time it is returned. Your responsibility includes, but is not limited to, ensuring that proper oil levels are maintained and proper fuel or fuel/oil mix is used, if applicable. If equipment is lost, stolen or damaged under any circumstances while rented, regardless of fault, you shall be responsible for all charges to replace or repair the equipment including any labour costs. If the equipment is not returned clean, a cleaning charge will apply.
Loading and Unloading of Equipment
In the event Expert Tool Rentals’ employees assist in loading or unloading the equipment, you agree to assume risk of, and hold the Expert Tool Rentals harmless from, any property damages or personal injuries, in connection with the loading and/or unloading.
Equipment Failure and Return
You agree to immediately discontinue the use of the equipment shout it at any time become unsafe or in a state of disrepair, and you agree to immediately notify Expert Tool Rentals of the facts surrounding such occurrences. Expert Tool Rentals may in its sole discretion make the equipment operable within reasonable time, or provide you with a similar piece of equipment, if available, or adjust the rental charges. This provision does not relieve you from the obligation imposed by other sections of this agreement. In all events, Expert Tool Rentals shall not be responsible for any injury damage, resulting from the failure or defect of any rental equipment.
Return of the Equipment
The equipment is rented to you subject to this agreement for rental charges and for the period of time printed on this agreement. If the equipment is rented to you on a monthly basis, a month is defined as being equal to twenty eight (28) days. If you would like to extend the term of this rental beyond the time and date specified on this agreement under item’s Description you should immediately notify Expert Tool Rentals to obtain approval to extend this agreement nad the terms for such an extension.
If this agreement has not been extended and you fail to return the equipment when due, or if you default in your obligations hereunder, Expert Tool Rentals, to protect its ownership of the equipment and its interest under this agreement, may retake the equipment at any time. To do so, Expert Tool Rentals or it representative may enter your property and you hereby waive any right of action against Expert Tool Rentals, its representative, employees, agents, officers and directors, for such entry retaking.
Notwithstanding any retaking of the equipment by Expert Tool Rentals, you shall be liable to Expert Tool Rentals for amounts due and unpaid by you to Expert Tool Rentals under this agreement including, the amount of rent payable under this agreement for the period from the date of such retaking to the date on which Expert Tool Rentals rents all the equipment and not just a portion of the equipment to another person; all costs and expense incurred by Expert Tool Rentals as a result of or in connection with the retaking of the equipment as provided for in this clause; and interest on the then outstanding amounts
due and owing by you to Expert Tool Rentals under this agreement at rate of 2% per month (24% per annum). In addition, you acknowledge that the failure to return the equipment within the contracted time and the sale or concealment of the equipment is prohibited and that such action may constitute a crime. In this event, Expert Tool Rentals, in addition to any action it may take, may notify the authorities and take other action, including the filing of criminal complaints, subjecting you to potential prosecution. You acknowledge that Expert Tool Rentals is entitled to take any or all of the actions specified in clauses 8(1) and (b) without recourse.
Events of Default
You acknowledge that you shall be deemed to be in default under this agreement if you breach any term or provision of this agreement; if you permit a judgement against you to remain unpaid for a period of ten (10) days after the date of judgement; or if any proceedings in bankruptcy, receivership or insolvency or for your reorganization or liquidation or commenced you or your property.
Effects of Defaults
You agree that if any of the above events defaults occurs, all rent and other charges then and thereafter payable by you to Expert Tool Rentals under this agreement shall immediately accelerate and become due and payable to Expert Tool Rentals without notice or demand to you, you shall immediately and at your sole expense return the equipment to Expert Tool Rentals as provided herein, and the equipment may be retaken by Expert Tool Rentals as provided in clause 8 of this agreement. You acknowledge that no waiver by or on behalf of Expert Tool Rentals of any breach or default by you under this agreement shall be deemed a waiver of any future breach or default. No delay in exercising its rights shall constitute a waiver of any right or prejudice Expert Tool Rentals’ exercise of any remedies in respect of an existing or future default.
Collection Costs
You agree to pay attorney’s fees, collection fees, court costs and any other expenses incurred in collecting any charges under this agreement, in retaking the equipment or otherwise enforcing the terms of this agreement.
Charges on Credit Cards
If you have paid the rental or any other amounts by way of credit card charge or if you have provided with credit card number or imprint upon entering into this agreement, you agree that Expert Tool Rentals is authorized to add applicable additional rental and insurance charges and taxes, and Expert Tool Rentals’ charges and expenses of cleaning the equipment, if any, and any other amounts which maybe or become due under this agreement to applicable credit card transaction record you acknowledge that this right is in addition to any other rights of Expert Tool Rentals under this agreement or available to it at law.
You agree to the reservation of credit, by a credit card issuer, up to the amount of the estimated due under this agreement and authorise Expert Tool Rentals to process a credit card voucher, if applicable, in your name for all charges due under this agreement.
Deposits
You acknowledge that Expert Tool Rentals may apply the amount of the deposits specified as side notes under the agreement to any amount owing to Expert Tool Rentals. The deposit will be returned to you if you have satisfied all of your obligations hereunder.
Modifications of Agreement
This constitutes the entire agreement between you and Expert Tool Rentals and you acknowledge that there are no collateral oral or other agreements outstanding. None of Expert Tool Rentals’ rights may be changed and no extension of the term of this agreement maybe made except in writing, signed by Expert Tool Rentals, and made part of this agreement.
Assignment
You acknowledge that Expert Tool Rentals may assign in its rights under this agreement and transfer its title in the equipment to nay party without your prior written consent. You agree, however, not to sublet, loan or assign the equipment.
Damage Protection
Damage Protection is an optional service offered by Expert Tool Rentals to cover repair or replacement charges if the equipment rented from Expert Tool Rentals is damaged during normal use. The charge for the Damage Protection service is 10% of the total rental fee and will appear as a separate line‐item on the invoice. Damage Protection is not insurance. Damage Protection only covers the costs of repair or replacement of rented equipment damaged during normal use of the equipment. Damage Protection does not cover loss of or damage to the equipment during transport or loss or damage to the equipment caused by theft, abuse, misuse, neglect, intentional acts or failure to follow the instructions provided for proper use and care of the rented equipment.
