GENERAL RENTAL CONDITIONS

  1. THE RENTAL PERIOD: THE RENTAL PERIOD SHALL COVER ALL THE TIME CONSUMED IN TRANSPORTING THE EQUIPMENT INCLUDING THE DATE OF LEGAL DELIVERY TO A PUBLIC CARRIER FOR TRANSIT TO THE LESSES & UPON RETURN OF THE EQUIPMENT INCLUDING THE DATE OF LEGAL DELIVERY BY SUCH CARRIER TO THE LESSOR. THIS SHALL INCLUDE THE DATE UPON WHICH TRANSIT TO THE LESSEE BEGINS & THE DATE UPON WHICH TRANSIT FROM LESSEE & AT THE LESSOR’S UNLOADING POINT PROVIDING. HOWEVER, WHEN THE EQUIPMENT MOVES FROM ONE LESSEE TO ANOTHER THE RENTAL PERIOD OF THE FIRST SHALL NOT OVERLAP THAT OF SECOND.
  2. CALCULATION OF RENTAL CHARGES:
    1.  MONTHLY RENTAL RATES ARE FOR A MINIMUM PERIOD OF 1 MONTH COMPUTED FROM DATE OF COMMENCEMENT OF THE RENTAL PERIOD UP TO BUT NOT INCLUDING THE SAME DATE IN THE NEXT CALANDER MONTH & SHALL APPLY WHEN THE NUMBER OF HOURS THE EQUPIMENT IS OPERATED IN ANY 1 MONTH DOES NOT EXCEED 160 HOURS ON THE HOUR METER OF RENTED EQUIPMENT.  TERM SHALL NOT, IN ANY EVENT, EXCEED 12 MONTHS
    2. WEEKLY RENTAL RATES ARE FOR A MINIMUN PERIOD OF 1 WEEK FROM THE DAY OF COMMENCEMENT OF THE RENTAL PERIOD UP TO BUT NOT INCLUDING THE SAME DAY IN THE FOLLOWING WEEK & SHALL APPLY WHEN THE NUMBER OF HOURS THE EQUIPMENT IS OPERATED IN ANY ONE WEEK DOES NOT EXCEED 40 HOURS ON THE HOUR METER OF RENTED MACHINE.
    3. RENTAL RATES ARE FOR CONSECUTIVE PERIOD 24 HOURS OR LESS IN WHICH THE NUMBER OF HOURS THE EQUIPMENT IS OPERATED SHALL NOT EXCEED 8 HOURS ON THE HOUR METER OF RENTED MACHINE.
    4. OVERTIME CHARGES WHERE EQUIPMENT IS OPERATED IN EXCESS OF THE ABOVE STATED HOURLY MAXIMUNS,  SUCH EXCESS SHALL BE CHARGED AT 8 HOURS DIVIDED BY THE DAY RENTAL OF MACHINE, THIS WILL INCLUDED ALL DAILY WEEKLY MONTHLY RENTALS.
    5. AFTER THE MINIMUM MONTHLY WEEKLY RENTAL PERIOD HAS EXPIRED, THE RENTAL PERIOD PAYABLE FOR A FRACTION OF ANY SUCCEEDING PERIOD SHALL BE AT THE PROPORTIONAL PART OF THE                      APPLICABLE RENTAL RATE ACCORDING TO THE NUMBER OF CALANDER DAYS IN SUCH FRACTION.
    6. RENTAL RATES SHALL NOT BE SUBJECT TO ANY DEDUCTION FOR ANY NON-WORKING TIME DURING RENTAL PERIOD, THIS INCLUDES WEATHER CONDITIONS OR JOB SITE SHUT DOWNS.      
  1. PAYMENTS: RENTALS PAYABLE UNDER THIS AGREEMENT SHALL BE PAID MONTHLY WHEN THE RENTAL IS AT A MONTHLY RATE OTHERWISE WEEKLY, & IN EITHER CASE SAME SHALL BE PAYABLE IN ADVANCE AT THE ADDRESS OF THE LESSOR. THE RENTAL IS PAYABLE BEFORE DELIVERY OF THE EQUIPMENT TO THE LESSOR. OVERDUE PAYMENTS SHALL BEAR INTEREST AT 2% PER MONTH BUT THE ACCPETANCE OF THIS INTEREST SHALL NOT BE WAIVED OF THE LESSOR’S RIGHT HERE & AFTER STIPULATED TO TERMINATE THIS AGREEMENT. ALL MONIES DUE SHALL BE APPLIED TO THE LESSEE’S CREDIT CARD. WHERE PAYMENT OF RENTAL AGREEMENT IS IN ARREARS OF 30 DAYS THE LESSEE MAY BE SUBJECT TO THE FOLLOWING: NOTIFICATION TO RCMP STATINGN EQUIPMENT IS STOLEN, AS WELL AS BUT NOT IN LIEU PLACED ON PROPERTY WHERE WHERE EQUIPMENT IS UTILIZED.
  2. LOADING, UNLOADING & TRANSPORTATION: THE LESSOR AT HIS OWN EXPENSE SHALL LOAD THE EQUIPMENT FOR TRANSIT TO THE LESSEE & UNLOAD IT UPON RETURN & SHALL PAY ALL DEMURRAGE CHARGES ACCURING AT ITS OWN SHIPPING OR RECEIVING POINT. THE LESSEE AT HIS OWN EXPENSE, SHALL  DO ALL OTHER LOADING, UNLOADING, INSTALLING, DISMANTLING & HAULING, AND SHALL PAY ALL DEMURRAGE CHARGES ACCURING AT ITS OWN SHIPPING OR RECEIVING POINT. THE LESSEE SHALL PAY ALL TRANSPORTATION CHARGES FROM & TO THE LESSOR’S SHIPPING & RECEIVING POINTS. IF SHIPPING INSTRUCTIONS ARE NOT FURNISHED BY THE LESSEE, THE LESSOR MAY SHIP EQUIPMENT IN ACCORDANCE WITH ITS OWN JUDGEMENT.
  3. MAINTENANCE,OPERATION & REPAIRS: THE LESSEE SHALL NOT REMOVE,ALTER, DISFIGURE OR COVER UP ANY NUMBERING,LETTERING OR INSIGNIA DISPLAYED UPON THE EQUIPMENT,AND SHALL ENSURE THAT THE EQUIPMENT IS NOT SUBJECT TO CARELESS OR NEEDLESSLY ROUGH USAGE,& SHALL AT THE LESSEE’S OWN EXPENSE MAINTAIN & ULTIMATELY RETURN TO THE LESSOR THE EQUIPMENT & ITS APPURTENANCES IN GOOD REPAIR & OPERATING CONDITION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE LESSEE SHALL, AT ALL LESSEE’S OWN EXPENSE, DURING THE TERM OF THIS OF THIS LEASE PAY THE COST OF: ALL FUEL,OIL & LUBRICANTS REQUIRED TO OPERATE THE EQUIPMENT, ALL REPAIRS, & REPLACEMENT PARTS INCLUDING LABOUR CHARGES REQUIRED TO BE MADE TO THE EQUIPMENT IN ORDER TO KEEP IT IN GOOD REPAIR & RUNNING ORDER.
  4. RUBBERTIRED EQUIPMENT: TIRE WEAR & COST OF REPAIRS OF CUTS, PUNCTURES & FLAT TIRES IS TO THE LESSEE’S ACCOUNT & SHALL BE PAYABLE TO THE LESSOR ON DEMAND. TIRE WEAR SHALL BE DETERMINED BY THE % OF WEAR INCURRED DURING THE RENTAL PERIOD AS FIXED BY INDEPENDENT APPRAISAL TO BE OBTAINED PROMPTLY BY LESSOR FOLLOWING TERMINATION OF THE RENTAL PERIOD.
  5. STEEL TRACKS OR RUBBER TRACK EQUIPMENT: TRACK WEAR & COST OF REPAIRS OF CUTS, PUNCTURE IS TO THE LESSEE’S ACCOUNT & SHALL BE PAYABLE TO THE LESSOR ON DEMAND. TRACK WEAR SHALL BE DETERMINED BY THE % OF WEAR INCURRED DURING THE RENTAL PERIOD AS FIXED BY INDEPENDENT APPRAISAL TO BE OBTAINED PROMPTLY BY LESSOR FOLLOWING TERMINATION OF THE RENTAL PERIOD. LESSEE IS RESPONSIBLE FOR ALL SERVICE CALLS IN ORDER TO REPLACE TRACKS THIS WILL ALSO BE DETERMINED AT POINT OF DELIVERY IF TRACKS ARE CLEAN & IN GOOD SHAPE. LESSE IS RESPONSIBLE FOR CLEANING OF TRACK & UNDER CARRIAGE UPON COMPLETION OF RENTAL PERIOD BEFORE EQUIPMENT IS DROPPED OFF OR PICKED UP.
  6. DAMAGE TO EQUIPMENT: THE LESSEE AGREES TO INDEMNIFY THE LESSOR AGASINT ALL LOSS & DAMAGE TO THE EQUIPMENT HEREBY LEASED DURING THE RENTAL PERIOD, BASED ON THE VALUE OF SUCH EQUIPMENT STATED IN THE DETAILS OF THE EQUIPMENT. THE LESSOR SHALL GIVE NOTICE TO THE LESSEE AS SOON AS POSSIBLE OF ANY CLAIM OF THE LESSOR UNDER THIS PARAGRAPH.
  7. LIABILITY OF LESSEE: THE LESSEE SHALL INDEMNIFY THE LESSOR AGASINT ALL LOSS, EXPENSE, PENALITIES, DAMAGES, COMPENSATION AND LAW COSTS WHICH THE LESSOR MAY SUFFER OR MAY BE REQUIRED OR CONDEMNED TO PAY FOR PERSONAL INJURIES (INCLUDING DEATH) &/OR PROPERTY DAMAGE SUFFERED BY ANY PERSON BY REASON OF THE OPERATION HANDLING TRANSPORTATION OR USE OF THE EQUIPMENT BY OR WHILIST IN THE CARE OR CONTROL OF THE LESSEE OR THE LATTERS EMPLOYEES/AGENTS. THE LESSEE HERBY RENOUNCES ALL CLAIMS WHICH HE (IT) MAY HAVE AGAINST THE LESSOR FOR ANY LOSS/DAMAGE WHICH HE MAY SUFFER DIRECTLY OR INDIRECTLY BY REASON OF THE CONDITION OF THE EQUIPMENT OR ITS SUITABILITY FOR THE WORK IT MAY BE REQUIRED TO PERFORM.
  8. INSPECTION: BEFORE THE EQUIPMENT IS LOADED FOR TRANSIT TO THE LESSEE, THE LESSEE MAY REQUIRE AN INSPECTION THEROF MADE BY A COMPETENT AUTHORITY & IF THE EQUIPMENT IS PROVEN NOT TO BE SUBSTANTIALLY IN THE CONDITION REQUIRED BY THIS LEASE. THE COST OF THE INSPECTION SHALL BE PAID BY THE LESSOR. IF THE LESSEE FAILS TO HAVE SUCH AN INSPECTION MADE THE EQUIPMENT SHALL BE PRESSUMED HEREOF TO BE IN GOOD CONDITION & RUNNING ORDER WHEN DELIVERED TO THE LESSEE OR HIS AGENT. THE LESSOR SHALL HAVE THE RIGHT AT ANYTIME TO ENTER UPON THE PREMISES OR PLACE WHERE THE EQUIPMENT IS LOCATED & SHALL BE GIVEN FREE ACCESS THERETO & AFFORDED ALL NECESSARY FACILITIES FOR THE PURPOSE OF INSPECTING THE EQUIPMENT.
  9. TITLE: TITLE TO THE EQUIPMENT SHALL AT ALL TIMES REMAIN IN THE LESSOR & NOTHING CONTAINED IN THIS LEASE SHALL BE DEEMED TO HAVE THE EFFECT OF CONFERRING UPON THE LESSEE ANY RIGHT OR TITLE WHATSOEVER IN OR TO THE EQUIPMENT OTHER THAN THAT OF A LESSEE. THE LESSEE SHALL GIVE THE LESSOR IMMEDITATE NOTICE IN CASE ANY OF THE EQUIPMENT IS LEVIED UPON OR ANY EQUIPMENT FROM ANY CAUSE BECOMES LIABLE TO SEIZURE.
  10. TERMINATION OF AGREEMENT: SHOULD THE LESSEE FAIL TO MAKE ANY PAYMENT WHEN IT BECOMES DUE,OR BECOME BANKRUPT OR OVERLOAD THE EQUIPMENT OR TAX IT BEYOND ITS CAPACITY OR FAIL TO MAINTAIN & OPERATE OR TO RETURN THE EQUIPMENT AS PROVIDED BY THIS AGREEMENT, OR VIOLATE ANY OTHER PROVISION HEREOF THE LESSOR MAY IN ITS OPTION TERMINATE THIS AGREEMENT WITHOUT NOTICE TO THE LESSEE, RETAKE POSSESSION OF THE EQUIPMENT WITHOUT BECOMING LIABLE FOR TRESPASS & RECOVER ALL RENTALS DUE & FULL DAMAGES FOR ANY INJURIES TO & ALL EXPENSES INCURRED IN RETAKING POSSESSION.
  11. INSURANCE & SUBLETTING: THE LESSEE SHALL AT HIS OWN EXPENSE MAINTAIN LIABILITY, THEFT, FIRE & OTHER INSURANCE REQUIRED TO INDEMNFY THE LESSOR AGASINT ANY LOSS TO OR OF THE EQUIPMENT TO THE FULL VALUE OF THE EQUIPMENT. THE LESSE IS RESPONSIBLE FOR ALL INSURANCE FOR ABOVE DETAILS.  THE LESSEE IS NOT PERMITTED TO SUBLET OR ASSIGN ANY OF HIS (ITS) RIGHTS UNDER THIS AGREEMENT.
  12. REMEDIES: UPON THE OCCURRENCE OF AN EVENT OF DEFAULT, THE LESSOR MAY, AT ITS OPTION, DECLARE THE LEASE EVIDENCED BY THIS AGREEMENT TO BE IN DEFAULT AND THEREAFTER EXERCISE ANY ONE OR MORE OF THE FOLLOWING REMEDIES WITH RESPECT TO SUCH LEASE, AS THE LESSOR IN ITS SOLE DISCRETION ELECTS:
    • ENFORCE THE PERFORMANCE BY THE LESSEE OF THE TERMS OF SUCH LEASE OR LEASES AND PURSUE ANY OTHER REMEDY AVAILABLE TO THE LESSOR AT LAW OR IN EQUITY
    • TERMINATE SUCH LEASE
    • RECOVER DAMAGES FOR THE LESSEE’S BREACH OF THE TERMS OF SUCH LEASE OR LEASES INCLUDING WITHOUT LIMITATION ALL COSTS AND EXPENSES INCURRED BY OR ON BEHALF OF LESSOR BY THE TAKING BACK, REPAIR, STORAGE OR DISPOSITION OF ANY OR ALL OF THE RELEVANT EQUIPMENT OR IN ENFORCING ITS RIGHTS UNDER SUCH LEASE OR LEASES INCLUDING REASONABLE LEGAL AND ADMINISTRATIVE EXPENSES
    • TAKE POSSESSION OF AND/OR RENDER INOPERATIVE ANY OR ALL OF THE EQUIPMENT SUBJECT TO SUCH LEASE AND ALL PROPERTY, DOCUMENTS, PROGRAMS AND MATERIAL RELATED THERETO, ALL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT NOTICE, LEGAL PROCESS, PRIOR JUDICIAL HEARING OR LIABILITY FOR TRESPASS OR OTHER DAMAGE. SUCH TAKING OF POSSESSION OF OR RENDERING INOPERATIVE OF ALL OR ANY PORTION OF THE EQUIPMENT SHALL NOT TERMINATE THE LEASE UNLESS THE LESSOR SO NOTIFIES LESSEE IN WRITING: AND
    • HOLD OR SELL, LEASE OR OTHERWISE DISPOSE OF ANY OR ALL OF THE EQUIPMENT SUBJECT TO SUCH LEASE BY PUBLIC OR PRIVATE BID, IN ANY COMMERCIALLY REASONABLE MANNER AS THE LESSOR SHALL DETERMINE, WITH OR WITHOUT NOTICE TO THE LESSEE OR ADVERTISEMENT OR PUBLICATION, ON SUCH TERMS AND CONDITIONS AND AT SUCH TIME AND PLACE AS THE LESSOR MAY DETERMINE. THE CASH PROCEEDS OF ANY SUCH SALE, LEASE OR OTHER DISPOSITION SHALL BE APPLIED FIRSTLY, IN PAYMENT OF ALL AMOUNTS OWING HEREUNDER.  ANY EXCESS OF PROCEEDS OVER SUCH COSTS, EXPENSES AND AMOUNTS SHALL, SUBJECT TO ANY REQUIREMENT AT LAW OTHERWISE, BE PAID OVER TO THE LESSEE.  THE LESSEE SHALL CONTINUE TO BE LIABLE FOR ANY DEFICIENCY OF SUCH PROCEEDS.
    • EACH AND EVERY REMEDY AND POWER HEREBY SPECIFICALLY GIVEN TO THE LESSOR SHALL BE IN ADDITION TO AND NOT IN SUBSTITUTION FOR EVERY OTHER REMEDY OR POWER EXISTING AT LAW OR IN EQUITY.  ALL SUCH POWERS AND REMEDIES SHALL BE CUMULATIVE.
    • ALL REASONABLE COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL COSTS ON A SOLICITOR AND HIS CLIENT BASIS) INCURRED BY THE LESSOR IN ENFORCING OR ENDEAVOURING TO ENFORCE THE PROVISIONS OF THE AGREEMENT OR IN ASCERTAINING THE WHEREABOUTS OF THE LESSEE OF THE EQUIPMENT OR IN RECOVERING OR ENDEAVOURING TO RECOVER POSSESSION OF THE EQUIPMENT FROM THE LESSEE OR ANY OTHER PERSON, FIRM OR COMPANY, SHALL BE RECOVERABLE FROM THE LESSEE ON DEMAND.
  1. NOTICE: ANY NOTICE TO BE GIVEN BY ONE PARTY HERETO TO THE OTHER SHALL BE IN WRITING & MAILED BY PREPAID REGISTRED POST TO OTHER PARTY AT THE ADDRESS SHOWN IN THIS AGREEMENT OR BY EMAIL THAT IS LISTED IN THIS AGREEMENT & SUCH NOTICE SHALL BE DEEMED TO HAVE BEEN RECEIVED BY THE ADDRESS ON THE JURIDICAL DAY NEXT FOLLOWING THAT ON WHICH SAME HAS BEEN SO MAILED.
  2. LIENS: THE LESSEE SHALL NOT AT ANY TIME SUFFER OR PERMIT ANY CHARGES ON LIEN WHETHER POSSESSIVELY OR OTHERWISE TO EXIST AGAINST THE EQUIPMENT & SHALL KEEP THE EQUIPMENT FREE OF ALL TAXES (INCLUDING MUNICIPAL TAXES WHETHER ASSESSED IN THE NAME OF THE LESSOR OR LESSEE), LIENS & ENCUMBRENCES. IF THE LESSEE FAILS AFTER DEMAND OF THE LESSOR TO PAY OFF ANY SUCH LIEN CHARGE OR ENCUMBRANCE THE LESSOR MAY PAY THE SAME & RECOVER THE AMOUNT OF ANY SUCH PAYMENT WITH INTEREST & 18% PER ANNUM FROM THE LESSEE ON DEMAND.
  3. GOVERNING LAW: THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUCTUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ALBERTA AND THE LAWS OF CANADA APPLICABLE THEREIN.  EACH OF THE LESSOR AND LESSEE IRREVOCABLY AND UNCONDITIONALLY (A) AGREE THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING (COLLECTIVELY, THE “SUIT”) INSTITITED BY ANY PARTY AND ARISING OUT OF THIS AGREEMENT SHALL BE BROUGHT AND ADJUDICATED ONLY IN ALBERTA AND (B) WAIVES AND AGREES NOT TO ASSERT BY WAY OF MOTION, AS A DEFENCE OR OTHERWISE AT ANY SUCH SUIT, ANY CLAIM THAT EITHER THE LESSOR OR THE LESSEE, IS NOT SUBJECT TO THE JURISDICTION OF THE ABOVE COURTS, THAT SUCH SUIT IS BROUGHT IN AN INCONVENIENT FORM OR THAT THE VENUE OF SUCH SUIT IS IMPROPER.