Rental Contract
Terms and Conditions
The person or corporation
named as lessee on the reverse side of this contract ("Lessee")
agrees to rent from Rapid Rentals the machinery, equipment and other
items more particularly described on the reverse side of this
contract (the "Equipment) at the rental rates specified herein on
and subject to the following terms and conditions.
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Where Lessee is a
corporation or is other than the person signing this contract
represents and warrants that he has the authority of Lessee to
execute this agreement on Lessee's behalf and to pledge the credit
of Lessee, and where applicable that the person signing this contact
is a duly appointed signing officer of Lessee, properly authorized
in that behalf. The person signing this contact agrees to be jointly
and severely liable with Lessee for the performance and/or payment
of all Lessee's obligations under this contract.
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Lessee agrees that
where the provisions of Lessee's purchase order conflict with the
provisions of this contact, this contract shall govern and supersede
the provisions of Lessee's purchase order, whether accepted,
acknowledged or otherwise executed by or on behalf of Rapid Rentals.
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The Equipment shall be
at all times the property of Rapid Rentals, and shall at all times
remain personal property. Lessee shall protect and defend, at its
expense, Rapid Rentals from and against all claims, liens and legal
process of creditors of Lessee. Lessee's only right is to use the
Equipment as set out herein and shall use the Equipment only for the
purpose of which it was manufactured and only in accordance with all
applicable laws. By-laws, rules, regulations and other enactments of
competent authority, in a safe manner, and only at the address
specified on the reverse side hereof. Lessee shall not sublet,
lend, use or move the Equipment except in accordance with the
provisions of this contract.
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Lessee covenant and
agrees that is uses the Equipment at its own risk and hereby
assumes/agrees to indemnify and save Rapid Rentals harmless from and
against any and all liability, loss, damage, expense, causes of
action, suits, claims, or judgments arising from injury to persons
or property or death based on or arising from, or in connection with
the actual or alleged use, operation, delivery or transportation of
the Equipment or its location or condition.
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Lessee agrees to return
the Equipment in the same condition in which it was received, save
reasonable wear and tear. Should Lessee fail to do so, Lessee shall
pay any and all costs, charges and expenses necessarily incurred by
Rapid Rentals to replace, repair or restore the Equipment to its
original condition, and reasonable compensation for loss of rental
unit such replacement, repair or restoration is complete. In the
event Lessee has elected accidental damage waiver protection on the
reverse side hereof, Lessee shall remain responsible for loss,
theft, malicious or non-accidental damage,vandalism, and damage to
Equipment caused by failure to lubricate, maintain or properly
operate Equipment.
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Lessee acknowledges
that Rapid Rentals is not the manufacturer of the Equipment and that
the Lessee has selected the Equipment without relying on the skill
or ability of Rapid Rentals or any of its employees, agents or
representatives. Rapid Rentals makes no warranty or representation,
express or implied, as to the design, quality, capacity or fitness
(whether for any particular purpose or otherwise) of the Equipment,
nor that the Equipment will meet the requirements of the Lessee.
There are no agreements (collateral or otherwise), representatives,
warranties, conditions, terms or understandings, implied or
otherwise, between Lessee and Rapid Rentals not contained herein in
writing and no amendment, deletion or modification of any of the
terms hereof shall be binding on Rapid Rentals.
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Rapid Rentals shall at
all times have free access as the agent of the Lessee to any place
where the Equipment is located, whether for the purpose of
inspecting the condition of the same or recovering possession of the
same if not returned in accordance with this contract and for such
purpose Lessee hereby consents to the entry by Rapid Rentals onto or
into its premises whether forcibly or otherwise hereby waives any
right of action against Rapid Rentals for such entry and
repossession.
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Rapid Rentals shall
have the right to terminate the rental of the Equipment at any time
and to recover possession of the Equipment as aforesaid for breach
by Lessee of any of the provisions of this contract, but such
termination shall relieve Lessee of its obligations hereunder.
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In th event the
Equipment or any of it is not returned by Lessee as aforesaid, Rapid
Rentals shall be entitled, in addition to any other rights it may
have, to recover from Lessee the full amount of rental to the date
of commencement of action at the rates agreed upon herein in
addition to the cost of Rapid Rentals to replace such Equipment.
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Lessee agrees to pay
Rapid Rentals :
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Rent the Equipment at
the rates agreed upon herein and taxes thereon from the time of
consignment to pick-up by Lessee to the time of return of the
Equipment by Lessee or recovery of Possession thereof or Judgment
by Rapid Rentals.
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The costs, charges and
expenses of replacement, repair or restoration of the Equipment,
and compensation for loss of rental, as aforesaid.
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Any and all costs,
charges, expenses or outlays incurred by Rapid Rentals in
exercising its remedies hereunder or otherwise on default by Lessee
including solicitors fees on a solicitor and client basis,
bailiff's fees and transportation charges.
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The cost for cleaning
any Equipment not returned in a reasonably clean condition.
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If a mark is made in
the "Yes" box beside the Theft Insurance clause on the reverse
side of this contract and if payment of the charge for Theft
Insurance is made, Rapid Rentals agrees not to claim payment of the
amounts provided for in Paragraph 10(b) above for Equipment that is
stolen from the Lessee nu break and entry while the Equipment is
unattended overnight, provided that the Lessee makes a report to the
Police of the theft on the first business day following the theft
and sends a copy of that report to Rapid Rentals and provided the
theft does not occurs as a result of an act or omission of an
employee or agent or contractor of the Lessee, and provided that the
equipment is not abandoned or left without reasonable precautions
having been taken to prevent theft. For greater certainty, the
Theft Insurance provided for in this provision is not available for
disappearances of the Equipment as a result of unknown causes where
theft of the Equipment be break ad entry cannot be proven to the
satisfaction of Rapid Rentals.
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If a mark is made in
the "Yes" box beside the Damage Insurance clause on the reverse
side of this contract and if payment of the charge for Damage
Insurance is made, Rapid Rentals agrees not to claim payment of the
amounts provided for in Paragraph 10(b) above for Equipment that is
damaged by an accidental act of the Lessee, or an employee or agent
of the Lessee or by fire, smoke, lightning, windstorm, hail or flood
provided that the damage is not caused by negligent or improper
operation or servicing of the Equipment including overloading,
exceeding capacity, misuse, abuse or the use of the Equipment in
contravention of this contract, construction safety or building
acts, rules, regulations or codes. For greater certainty, Damage
Insurance is not available for damage to Equipment caused by acts or
omissions of any person other than the Lessee or employees or agents
of the Lessee.
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The signature of an
employee of Rapid Rentals on the face of this contract indicating
that the Equipment has been returned does not constitute an
acknowledgment that all of the Equipment has been returned or that
the Equipment has been returned in a damaged condition or not
returned.
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If Lessee retains the
Equipment for more than ten days beyond the end of the maximum
estimated rental period, such Equipment may be considered to have
been stolen by the Lessee and Rapid Rentals may take appropriate
measures.
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In construing this
contract when the context so requires or permits words, the singular
shall include the plural and vice versa, and the words importing the
masculine shall include the feminine and the neuter and vice versa,
and words importing persons shall include corporations and vice
versa.
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The provisions of this
contract shall ensure to the benefit of and be binding upon the
parties and their respective heirs, executors, administrators,
successors, legal personal representatives and assigns, provided
that this contract shall not be assignable by Lessee without the
express written consent of Rapid Rentals.
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