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Rentals

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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. Lessee agrees to pay Rapid Rentals :

    1. 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.

    2. The costs, charges and expenses of replacement, repair or restoration of the Equipment, and compensation for loss of rental, as aforesaid.

    3. 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.

    4. The cost for cleaning any Equipment not returned in a reasonably clean condition.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.