The rental terms that apply to equipment hired from GTA Equipment Rentals Inc. (the “Dealer”) by the customer (the “Renter”), without operator.
Begins on the date and time specified as DATE/TIME OUT and terminates on the date and time specified as DUE DATE unless amended in writing on the reverse of the rental contract. Rental charges commence on delivery of Equipment to Renter and end upon return of Equipment to Dealer's premises. Dealer may terminate rental at any time and take possession of the Equipment. Renter agrees to pay, on return of Equipment to Dealer's premises, all charges and costs for the use of the Equipment. Renter's right to use the Equipment terminates on the DUE DATE unless extended in writing by the Dealer. The rental rate is not subject to any deduction for non-working time during the rental period, nor because the Renter returns the Equipment before the DUE DATE.
Renter accepts and hires the Equipment on an “as is” basis and acknowledges receipt of all Equipment in good working condition and repair, declaring that Renter fully understands its proper operation and use. Renter acknowledges having examined the Equipment and all hitches, bolts, safety chains, hauling tongues and connecting devices, and declares all such Equipment was received in a secure and operative condition. Renter is responsible for loading and unloading goods using the Equipment; if Dealer's employees assist, Renter assumes the risk of, and holds the Dealer harmless for, any property damage or personal injuries, including those attributable to negligence of the Dealer or employees. Renter agrees to return Equipment on the DUE DATE in as good condition as received, ordinary wear and tear excepted (normal deterioration caused by ordinary and reasonable use on a one-shift, eight hours per day, five days per week basis).
Renter will immediately discontinue use of the Equipment should it become unsafe or in a state of disrepair, will immediately notify the Dealer, and until the Dealer regains possession will take all steps reasonably necessary to prevent injury to any person and all property.
Renter acknowledges Dealer has no control over use of the Equipment and agrees, at Renter's sole expense, to comply with all municipal, provincial and federal laws, by-laws and regulations, including the Occupational Health and Safety Act (Ontario), which may affect the Equipment while in Renter's possession and use. Renter shall not permit any person who is not legally qualified to use the Equipment.
Renter shall not abuse, harm or misuse the Equipment, nor permit repairs or liens without Dealer's written consent. In the event of any accident or casualty resulting in bodily injury or property damage arising out of Renter's use, Renter accepts all responsibility and shall indemnify and hold the Dealer harmless from any claims arising therefrom, furnishing a complete report of any accident including names and addresses of all persons involved and witnesses. In case of loss or destruction of any part of the Equipment, loss of possession, or inability to return it on the Due Date for any reason, Renter shall pay Dealer the actual replacement cost plus Dealer's loss of use.
Dealer makes no warranties, expressed or implied, as to the Equipment's merchantability or fitness for any particular purpose. Renter's sole remedy for any failure or defect is termination of rental charges at the time of failure, provided the Equipment is returned to Dealer within 24 hours of the failure. Dealer is not responsible for any loss, damage or injury to Renter or Renter's property, including incidental, special or consequential damages, connected with the operation, use, defect in or failure of the Equipment.
The deposit secures payment of rental charges and guarantees full performance of Renter's obligations. Renter agrees to pay a late payment penalty of two percent (2%) per month (26.83% per annum) on all delinquent accounts. All costs incurred to collect overdue accounts will be added to outstanding invoices and deemed collectable.
Renter expressly indemnifies and holds Dealer harmless from all claims, loss, costs, damages, legal fees and liability in connection with the hiring and use of the Equipment, whether or not a lawsuit is filed. If suit is instituted by Dealer to recover possession or enforce this agreement, Renter agrees to pay all costs and reasonable legal fees.
Failure to return Equipment on the expiration and due date may in certain circumstances be considered a theft resulting in criminal prosecution.
Renter agrees to pay all taxes, license fees or permit fees arising out of the hiring and use of the Equipment, whether appearing on the face of the contract or later claimed by a government authority, upon demand.
Title to the Equipment is and shall remain with Dealer. If the Equipment is levied upon for any reason, Dealer may retake it without notice or legal process.
Headings are for convenience only and are not to be used in construing the meaning or intent of any term of the Rental Contract.
Renter consents to the use of personal information provided to the Dealer for the purpose of monitoring creditworthiness and/or collections.
This contract shall be governed by the laws of the Province of Ontario.
Unless previously accepted or rejected by separate written agreement, by accepting the DAMAGE WAIVER the Renter agrees to pay an additional charge equal to 10% of the rental charge, in return for which the Dealer waives certain claims for loss or damage to the rented Equipment. The waiver does not cover, among other exclusions: the first $250 of loss or damage per item; loss or damage from overloading or exceeding rated capacity; damage to motors or electrical devices caused by artificial current; tire and tube damage from blowout, cuts or road hazards; loss from lack of lubrication or normal servicing; theft, mysterious disappearance or inventory shortage; negligence of the Renter or persons entrusted with the Equipment; or use in violation of this Agreement. Dealer's waiver is contingent on Renter promptly submitting a police report for the incident, and Dealer is subrogated to any insurance recovery rights of the Renter.
Used products. The Buyer acknowledges any used product is sold on an “as is” and “with all faults” basis. The Dealer, as seller, makes no expressed or implied warranties of merchantability or fitness for a particular purpose unless provided in writing signed by an authorized representative of the Dealer.
New products. Buyer acknowledges that the only warranties provided are those of the manufacturer, and the Dealer as re-seller makes no warranties of merchantability or fitness for a particular purpose, expressed or implied.
This page summarizes the rental contract terms for reference. The signed rental contract is the governing document.
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