Under the terms of this rental contract and given stipulations herein, Accès Location d’Équipement Inc., is hereafter referred to as “Lessor” renting to persons, companies, or firms as indicated in this contract (hereafter called the “Lessee”) certain goods (hereafter called “Equipment”) as specified within this contract.
The Lessee agrees to pay the amount stated in the contract as well as any other amounts incurred such as interest, fees, penalties or damage applicable under this contract.
Invoices shall be due and payable within 30 days of the invoice date if the Lessee has been approved for a line of credit with the Lessor. If no line of credit has been authorized, the amount will be due in advance. If a rental period exceeds the expected rental period, payment is subject to the same terms as set forth on the invoice delivered to the Lessee’s address as indicated in the contract.
All payable amounts applicable within this contract, if become past due, shall bear interest at 2% per month, calculated and compounded monthly for an effective annual interest rate of 24%. All NSF (non-sufficient funds) checks will incur a fee of $50.00 and interest fees will be applied to the outstanding amount due.
This document constitutes the entire agreement between the Lessor and the Lessee, which being agreed to and signed may not be amended, altered or changed, unless agreed to in writing and signed by the two (2) authorized parties involved.
Unless stated otherwise, the terms contained within this contract are binding and govern all the provisions herein.
Should the Lessor be required to use the services of a lawyer to collect or recover any unpaid sum, the Lessee agrees to pay, in additionn to the principal, accrued interests and legal fees, a sum equivalent of 25% on the principal due, in the name of interest on damages to compensate for the Lessor’s obligation to engage legal services.
Upon being served with legal seizure documents, the Lessee must immediately advise the Lessor, that the Equipment is the object of a seizure (before or after judgment). Any failure or delay in notifying the Lessor of seizure causing additional damages to the Lessor will be charged to the Lessee. Upon reception of the seizure advisory the Lessor may, at its discretion, appoint an attorney of its choice to oppose the seizure. It is the Lessee’s responsibility to inform any persons with whom it does business that the equipment is under a rental contract. The Lessee shall also assume the full responsibility of paying all honourariums (judicial and extra-judicial) incurred in ending the seizure and recovering the Equipment. All amounts due under this paragraph shall bear interest from the date of the invoice at the rate specified in paragraph 4.
The Lessee shall not sub-lease, lend, assign, transfer, pledge, or mortgage the Equipment nor transfer the rental contract directly or indirectly without written consent of the Lessor.
This current/present contract is subject to the laws applicable in Québec. The parties consent and submit to the jurisdiction of the courst of Montréal.
Conditions of Use, Equipment Damage
At any time, should the Lessor become aware that the Lessee is not using the rented Equipment in accordance with the regulations of this contract, or fails in one way or another to meet the obligations set forth herein, the Lessor may retake its Equipment and terminate the contract without being required to first give notice or appeal to judicial proceedings of any nature whatsoever. Where applicable, the Lessee remains bound to all its obligations toward the Lessor, particularly with respect to the payment of rental fees (principal, interest, penalties) and repair costs.
In the same manner, this rental contract can be automatically terminated by the Lessor and the Equipment repossessed if any of the following occurs to the Lessee: bankruptcy, voluntary closure, appointment of a receiver, sequestration, insolvency, or any other similar circumstances.
The Lessee acknowledges that it has examined the Equipment and declares that it has received all of such Equipment in perfect order and good working condition. Furthermore the Lessee acknowledges that it is familiar with the Equipment’s mode of operation and all the measures needed for its intended use in a safe manner for itself, its operators, or any third party. It is the responsibility of the Lessee to ensure that the Equipment is used for its intended purpose and by persons possessing the necessary skills and competence to do so. The Lessee agrees to follow all instructions as given by the authorized representative of the Lessor.
At any time, the Lessor can request the Lessee to provide proof that the persons operating the Equipment have the training and experience required to do so. In the case of licences, permits or authorizations, and any other documents required, the Lessee is responsible for procuring said documents at its own expense.
It is understood that the Lessor makes no warranty or representation, expressed or implied, as to the rental Equipment’s fitness for a particular use, or that it is suited for the Lessee’s use (including those specified by the Lessee), as the Lessor is not an experienced contractor, neither knowing the actual conditions of use, nor the places where the Equipment will be used.
All Equipment operating and maintenance costs shall be the responsibility of the Lessee during the rental period. (Example: fuel, oil, grease, lubricants, etc.)
It is the responsibility of the Lessee to know and follow all the applicable standards and codes as related to the use of the Equipment or the transportation thereof.
The Lessee agrees to return each piece of Equipment to the Lessor in the same condition as it was upon delivery, except for normal wear and tear. The Lessee assumes all risk of loss, damage, or breakage to Equipment, except for normal wear and tear. If the loss or breakage of the rental Equipment is caused by a defect duly established scientifically, irrefutably and completely independent of the actions of the Lessee, then and only in such cases, the Lessee shall not be liable for loss or damages to Equipment but shall remain responsible for rental fees as detailed within this contract.
In particular the Lessee shall be responsible for, even if a third party is involved, for all damages connected to or caused by: excess or deficiency of the load, force or heat, lack of oil, lubricants or fuel, freezing and exposure to the elements, by or in connection with the transport of the Equipment; by negligence of anchoring or fixing solidly the Equipment to prevent movement or falling, exceeding the capacity of the Equipment, misuse or willful misconduct, modifying the Equipment, and more generally the use of the Equipment contrary to its intended purpose, theft and vandalism of Equipment occurring while under the responsibility of the Lessee.
No claim due to poor performance of the rented Equipment or defect thereof shall be accepted, unless the Lessee has notified the Lessor by fax so that the Lessor can confirm if a defect does exist. If this is the case the Lessor has 24 hours to replace the rented Equipment, without the Lessee incurring any liability of any kind.
The Lessee commits to know at all times the place the Equipment will be situated at or moved to and to communicate such information to the Lessor when relocating or whenever requested by the Lessor.
Upon the return of the Equipment, the Lessor shall commit to diligently inspect it and its representative shall prepare a list of damages and repairs needed. This list shall be communicated to the Lessee upon request. The Lessee shall be charged for all repairs (parts and labour) required.
In the case of theft of the Equipment, the Lessee shall pay the replacement value of the Equipment, corresponding to the cost incurred by the Lessor to acquire another of comparable nature and quality, regardless of any depreciation. If only new Equipment is available, the replacement value shall be the cost of the new Equipment.
The Rental Period
The rental period shall commence at the time the Equipment leaves the Lessor’s rental facility and shall end when the Lessor retakes possession of the rented Equipment. Unless otherwise stipulated, the Lessee assumes full responsibility for the transportation of the Equipment as well as the transport costs for both delivery and return. The rental period ends when the Equipment is returned to the property of the Lessor. Only in the case where the Lessor accepts to take charge of the transportation for the return of the Equipment, will the rental period end at the moment when the Lessor is informed in writing of the place and time it may retake possession of the Equipment, or where the Lessee receives a return code from the Lessor’s Dispatcher either by telephone or by e-mail. However, even when the Lessee has obtained a return code, if it is in fact impossible for the Lessor to retrieve the Equipment for any reason (strike, seizure, denied or impractical access) then the rental period ends only when the problem has been resolved.
The Lessor, unless otherwise stated, provides no insurance. Thus, it is the responsibility of the Lessee to purchase at its own expense, civil liability insurance, fire insurance, theft, etc., to indemnify the Lessor of all loss or damages to Equipment (valued as new). It is also the responsibility of the Lessee to acquire adequate insurance against any liabilities arising from the use of the equipment with which it can adequately compensate any victim. The Lessee hereby agrees to automatically name the Lessor as Additional Insured on all civil liability insurance policies, fire, theft or any other policies which cover its current business operations and amounts owed to the Lessor. In addition, the Lessee agrees to provide, at its own expense, the defense of the Lessor against all claims arising from the use of its Equipment by the Lessee.
The Lessee agrees to inform the Lessor immediately of any event or circumstance which could result in a claim.
Property Damage, Loss of Income Waiver
The Lessor shall not be held responsible for any damage caused by the Equipment to other property (moveable or immoveable) as well as any other loss of income, whether to Lessee or a third party, caused directly or indirectly by the use of the rented Equipment, since its operation is the sole responsibility of the Lessee. The same applies in the case of defective Equipment. If for any reason the equipment fails, in no way shall the Lessor be held responsible for any damage or loss of income, to the Lessee or any third party (including losses related to delays in performing or completing the work for which the Equipment was rented). The Lessor agrees to do its best to replace defective Equipment but even if it does not succeed shall not be held liable. In this case the sole responsibility of the Lessor shall be to terminate the rental contract at the time of Equipment failure. Similarly, the Lessor shall in no way be held responsible for loss or damages to the Lessee resulting from a delay in the delivery of the rented Equipment.
With respect to the foregoing, the Lessee shall renounce all claims against the Lessor and shall renounce all question of blame or responsibility of the Lessor.
Personal Injury and Damage Waiver
Thus, the Lessor shall under no circumstance be held responsible for damages or injuries caused to those operating under the Lessee or to a third party, whether they may be directly or indirectly connected to defective rental Equipment. The Lessee expressly acknowledges that if such a situation occurs, its only recourse is against the manufacturer of the Equipment. To this end, it waives all claims against the Lessor and even renounces all question of blame or responsibility of the Lessor. No fault of a third party, unforeseeable circumstances, or force majeure, may be invoked by the Lessee against the Lessor.