Rental contract

RENTAL AGREEMENT 1. Term of the Contract

This contract is for the duration stipulated on the reverse side and, unless another date is specified in this contract, begins on the date the lessee receives the equipment.

1. Rental Period

All equipment is rented for a minimum of one day. For the purposes of this contract, rental periods are defined as follows:

1 day means: 24 hours and a maximum of 9 hours of use

1 week means: 7 days and a maximum of 45 hours of use

1 month means: 28 days and a maximum of 9 hours of use

The lessee shall be deemed, for all legal purposes, to have had use of the machinery or accessories rented from the day possession is taken until the day they are returned to the lessor. The lessee undertakes to notify the lessor of any excess use beyond the permitted duration, which shall be billed accordingly.

1. Inspection of the Rented Equipment

The lessee declares that they had the opportunity to personally inspect the equipment. The lessee further acknowledges that the equipment is in good condition, suitable for their needs, that they received the operating instructions, and that they understand its operation.

1. Rent

The lessee must pay the lessor, at the rate stipulated on the reverse side, for each piece of equipment for the entire duration of the contract. If, upon expiration of the contract, the lessee retains the equipment with the consent of the lessor, the contract shall be extended until the equipment is returned, under the same terms and conditions. The lessor may, after giving one (1) day written notice, terminate the extended contract at any time and repossess the equipment, and for this purpose enter any premises to remove said equipment, without prejudice to any other rights or remedies under this contract and the law.

1. Retention of Ownership

The equipment described in this contract and in the possession of the lessee remains the exclusive property of the lessor.

1. Use of the Equipment

The lessee may only use the rented equipment in accordance with the terms of this contract. The lessee may not move the equipment from the location of use indicated on the reverse side without the prior written consent of the lessor.

1. Destruction, Loss, Theft, and Fire

Total loss, theft, fire, or destruction of the equipment shall not terminate the contract. The lessee must continue to pay rent until the equipment is returned or its full value has been paid to the lessor. The lessee undertakes to immediately notify the lessor and the police of any loss, theft, or destruction. The parties agree that the value of the equipment shall be its replacement cost at the time of the loss.

1. Delay

Inability or delay in using the rented equipment, not caused by the lessor, does not release the lessee from payment of rental charges and gives no right to compensation.

1. Expiration of the Contract

Upon expiration or early termination of the contract, the lessee must return the equipment to the lessor at the address indicated on the reverse side, in the same condition as received, normal wear and tear excepted, unless the lessor consents to continued possession. The lessor or any authorized person may repossess the equipment without notice by entering any premises to remove it. It is the lessee’s responsibility to prove that the equipment was returned and on what date.

1. Use, Maintenance, and Repair

The equipment must be used properly by qualified persons. The lessee must maintain the equipment in good working order at their own expense and is responsible for all damages. Any replacement or added parts become the property of the lessor. The lessee must allow access to the equipment for inspection. All repairs, regardless of nature, are at the lessee’s expense and do not entitle the lessee to any rent reduction. The lessee must pay all taxes, penalties, fees, or insurance deductibles related to possession or use of the equipment.

1. Indemnification

The lessee agrees to fully indemnify and hold harmless the lessor from any claim, demand, or action for loss, injury, or damage, including loss of profits or indirect damages suffered by the lessor, its employees, representatives, or third parties due to the presence or absence of the equipment.

1. Termination of the Contract

The lessor may terminate this contract immediately, without notice or demand, without prejudice to its rights, in the following cases: a) late payment of rent or any other amounts due; b) breach of any contract provision; c) insolvency or bankruptcy proceedings initiated by or against the lessee; d) appointment of a receiver, trustee, or similar authority; e) voluntary or forced dissolution or liquidation of the lessee; f) failure to pay any installment within thirty (30) days of its due date; g) abusive use of the equipment; h) mortgaging of the rented equipment.

Upon termination, the lessor may repossess the equipment without judicial intervention by entering any premises. Repossession does not relieve the lessee from liability for all amounts due or damages incurred, including reasonable enforcement costs.

1. Subleasing and Assignment

The lessee may not sublease or assign this contract without the lessor’s prior written consent, which may be refused for serious reasons.

1. Seizure of Equipment

If the equipment becomes subject to seizure or enforcement by a creditor of the lessee, the lessor may recover all reasonable costs incurred to reclaim its equipment, in addition to all other remedies.

1. Movable Hypothec

The lessee must keep the equipment free of any movable hypothec and must reimburse the lessor for any amounts paid to obtain release or discharge of such hypothec.

1. Cleaning

The lessee must return the equipment clean. Failure to do so will result in cleaning charges.

1. Collection Costs

If the account is sent to collections, the lessee agrees to pay collection fees equal to 20% of the amount due as liquidated damages.

1. Dangerous Equipment

Any equipment involving heat, combustion, explosion, or friction must be operated under constant supervision by a qualified operator.

1. Notice of Contract (Denunciation)

The lessee authorizes the lessor to denounce this contract and any subsequent rental, and authorizes owners, contractors, or sureties to withhold and pay amounts due to the lessor. See Appendix “A” – Denunciation.

1. Invalidity of Provisions

The invalidity of any provision does not invalidate the remainder of the contract.

1. Waiver by the Lessor

No forbearance, delay, or mitigation by the lessor shall affect its rights under this contract.

1. Notices

Any notice sent by registered mail to the address indicated on the reverse side is deemed received the day after mailing.

1. Interpretation

Unless otherwise indicated, “lessor” and “lessee” include their administrators, executors, successors, and assigns. Obligations are joint and several if there is more than one party.

1. Interest

Any overdue account bears interest at 2% per month (24% annually). Any dishonoured cheque incurs a $45.00 fee plus interest.

1. Credit Card Rebilling Privilege

The lessee authorizes the lessor to charge the credit card imprint held as security to settle any unpaid balance.

1. Personal Information

The lessee must provide a deposit or valid photo identification. Personal information is collected, stored, used, and destroyed in accordance with Québec privacy law. Information is collected solely for identification and asset protection purposes. Information is destroyed after inspection or within five (5) business days, unless retention is expressly authorized by initials.

1. Jurisdiction

In addition to districts allowed by law, the parties agree that any legal action may be brought in the Judicial District of Terrebonne.

Personal Guarantee

I, the undersigned, acknowledge having read this rental agreement and jointly and severally guarantee all obligations of the company named on the front of this contract for any amounts owed to the lessor now or in the future. I irrevocably waive the benefits of division and discussion and acknowledge that this is a continuing guarantee.