6355 8 Line, New Tecumseth, Ontario
RENTAL AGREEMENT TERMS & CONDITIONS
1. GENERAL RESPONSIBILITIES – This Rental Agreement is b/w J&J Equipment Rental and the Customer (“Customer” – Signee of this Rental Agreement). The Equipment specified are provided “as is” and in good working condition for the duration of the “Rental Period” and rental subtotal price. The Customer agrees to return the Equipment prior to the expiration of the Rental Period, or is subject to pay any additional rental fees.
2. RESPONSIBILITY FOR EQUIPMENT – The Customer is responsible for the time the Equipment has been rented out until the time the Equipment has been returned. The Customer is responsible to, but is not limited to, ensuring the proper oil levels are maintained and proper fuel (diesel) is used, if applicable. If the Equipment is lost, stolen or damaged under any circumstances while rented, regardless of fault, the Customer is responsible for all charges to replace or repair the Equipment, including labour costs (refer to section 5. and 6.).
3. DESCRIPTION OF “RENTAL PERIOD” – The Rental Period shall commence from the date of shipment of the Equipment from the point of shipment from J&J Equipment Rental and shall continue until said Equipment is returned to the J&J Equipment Rental’s yard or such other point advised by J&J Equipment Rental.
4. PHYSICAL CONDITION OF RENTAL EQUIPMENT – The Customer acknowledges that he/she has examined that the Equipment is in good working condition except for any defects noted in this Rental Agreement. The Equipment is to be returned to J&J Equipment Rental in the same working condition.
5. DAMAGE TO EQUIPMENT – The Customer shall assume and be responsible for the entire risk of loss or damage to the Equipment from any and every cause whatsoever. No loss or damage to the Equipment or any part thereof shall impair any obligation of the Customer under the Rental Period and shall continue in full force and effect. In the event of loss or damage of any kind whatsoever to the Equipment, the Customer at the option of J&J Equipment Rental shall:
a. Place the same in good repair, condition and working order; or
b. Replace the same with like Equipment in good repair, condition and working order; or if the same is determined by J&J Equipment Rental to be lost, stolen, destroyed or damaged beyond repair, the Customer shall:
c. Pay J&J Equipment Rental therefore in cash/debit/credit the established new cost. The stated rental rate and charges shall not terminate until the Customer has complied with the provisions herein contained.
6. CARE AND MAINTENANCE OF EQUIPMENT – The Customer shall exercise proper care in the use and servicing of the Equipment and to keep and maintain the same in good working order, condition and repair at the Customer’s own expense, replacing all damaged or broken parts of equivalent quality. J&J Equipment Rental shall have the right at any time during usual business hours to inspect the Equipment and make any repairs thereto that the Customer has failed to make and for that purpose to have access to the place where the Equipment is located. The cost of any repairs made by J&J Equipment Rental shall be payable by the Customer as an additional charge. All fuel is to account of Customer. Tires/tracks replacement will be split cost between the Customer & J&J Equipment Rental for long term rentals.
7. LIABILITY OF THE CUSTOMER – The Customer shall indemnity J&J Equipment Rental against all loss, expenses, penalties, condemnations and law/legal costs which J&J Equipment Rental may suffer or any be required of condiment to pay for personal injuries (including death) and or property damages suffered by any person by reason of the Equipment or the operation. Handling, transportation, or use thereof by or while in the hands of the Customer or the latter’s employees, agents or carriers.
8. OPERATION OF EQUIPMENT – The Customer shall cause the Equipment to be operated by competent operators only and shall return the Equipment in the same condition as when rented except for reasonable wear and tear and agrees to pay for and make good all loss or damage to the Equipment, except for ordinary wear and tear as incidental to reasonable use of the Equipment in the hands of a competent operator.
9. EQUIPMENT TITLE – The Equipment is and shall at all times be and remain, the sole and exclusive property of J&J Equipment Rental and the Customer shall have no right, title or interest therein or thereto except as expressly set out in this Agreement. Title to the Equipment shall at all times vest in J&J Equipment Rental. The Customer shall give J&J Equipment Rental immediate notice in case any Equipment is levied upon or /from any cause become liable to seizure.
10. RETURN OF EQUIPMENT/CONDITION OF RETURNED EQUIPMENT – The Customer shall make the Equipment accessible and available at the time of pick-up by J&J Equipment Rental or rental charges shall continue until the Equipment is accessible and available and J&J Equipment Rental is so advised. A separate pick-up charge shall be made for each pick-up trip required. The Customer shall return the Equipment in a clean and unmarred condition and agrees to pay for any charges for the cleaning of same, made necessary by his/her (its) failures to do so.
11. CONDITIONS OF DOWNTIME – No allowance will be considered for downtime due to the failure of said Equipment, regardless of cause, unless such failure has been reported to J&J Equipment Rental in writing or in person, or the Equipment returned immediately. Any allowances, as determined by J&J Equipment Rental, to be made shall be limited to the replacement of said Equipment with that of similar kind for a period equal to the period of downtime from such notification as herein provided.
12. JOB LOCATION – The Customer acknowledges that the title to all Equipment rented best in J&J Equipment Rental. The Customer further agrees that it will not assign this contract nor remove the Equipment from the “jobsite location” without written approval of J&J Equipment Rental.
13. INSURANCE – The Customer shall maintain at the Customers own expense, fire, and public liability and property insurance required to indemnify J&J Equipment Rental against damage to property or persons and loss to or of the Equipment to the replacement value of the Equipment without deduction for depreciation and or to the Equipment replacement of parts and or assemblies with new products as supplied by the manufacturer. The insurance shall be kept in effect from the time the Equipment is shipped & returned by J&J Equipment Rental or delivered to another Customer of J&J Equipment Rental.
14. RECEIPT OF EQUIPMENT – The receipt of the Equipment shall constitute acknowledgement that the Equipment is accepted and is in good, safe and serviceable condition. The Customer further acknowledges in taking delivery that the Equipment is appropriate for the intended use.
15. PAYMENT – The rentals due under this Rental Agreement shall be paid up front (for short term rental) or weekly/monthly and are due as per the terms stated on this Rental Agreement by debit/credit card to J&J Equipment Rental. All other means of payment are to J&J Equipment Rental at the address designated on said Rental Agreement.
It is understood and agreed that terms and conditions above constitute and form part of the Rental Contract and the Customer acknowledges that he/she (it) has read and understands said terms and conditions. If for any reason that the above terms and conditions are breached or not met, J&J Equipment Rental may choose to terminate the Rental Contract.
6355 8th Line, Beeton, ON, L0G 1A0
