Rental contract

PRELIMINARY DECLARATION

Locations Élite is designated in this Agreement as the “Lessor”.

TERMS AND CONDITIONS 1. Term of the Agreement

This Agreement is for the term stipulated on the reverse side and begins on the date the Lessee receives the equipment, unless another date is specified in this Agreement.

  1. Rental Period

All equipment is rented for a minimum of one day, unless otherwise specified. For the purposes of this Agreement, rental periods are defined as follows: 1 day = 24 hours, 1 week = 7 days, 1 month = 28 days

For all legal purposes, the Lessee shall be deemed to have had use of the rented machinery or accessories from the day possession is taken until the day they are returned to the Lessor. The Lessee agrees to notify the Lessor of any extension of the permitted rental period, and such extension shall be billed accordingly.

  1. Inspection of the Equipment

The Lessee declares having personally inspected the rented equipment and accessories and having found them in good order and proper working condition. The Lessee acknowledges that the equipment is suitable for its intended purposes and that the Lessee is familiar with its proper operation. The Lessee undertakes to verify the functioning of the equipment and to notify the Lessor of any defect.

  1. Rent

The Lessee shall pay the Lessor the rate stipulated on the reverse side for each item of equipment for the entire duration of the Agreement.

If, upon expiration of the Agreement, the Lessee retains the equipment with the Lessor’s consent, the Agreement shall be extended until the equipment is returned to the Lessor under the same terms and conditions.

The Lessor may, upon one (1) day’s written notice to the Lessee, terminate the extended Agreement at any time and repossess the equipment, and for such purpose may enter any premises to remove the equipment, without prejudice to any other rights and remedies available under this Agreement or by law.

  1. Retention of Title

The Lessee (Buyer) expressly acknowledges that the Lessor (Seller) is and shall remain the sole and exclusive owner of all goods rented or sold.

In the event of a sale, transfer of ownership shall not occur upon execution of the sales contract nor upon delivery, but only upon full payment of all sums due under such contract.

The Lessee shall bear all risk of loss from the time possession is taken.

Any default shall result in forfeiture of the benefit of any term. The Lessor may repossess the goods and retain any amounts paid as liquidated damages, or claim from the Lessee and any guarantor all sums due plus interest.

The Lessee may only use the equipment in accordance with this Agreement and may not move it from the location specified without the Lessor’s prior written consent.

  1. Destruction, Loss, Theft and Fire

Total loss, theft, fire, or destruction of the equipment shall not terminate this Agreement. The Lessee shall continue to pay rent until the equipment is returned or its replacement value has been paid.

The Lessee shall immediately notify the Lessor and the police of any loss, theft, or destruction. The parties agree that the value of the rented 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 shall not relieve the Lessee from payment of rental charges, nor entitle the Lessee to any compensation.

  1. Expiration of the Agreement

Upon expiration or early termination, the Lessee must return the equipment to the Lessor at the address indicated, in the same condition as received, normal wear and tear excepted.

Failing this, the Lessor may, without notice, repossess the equipment and enter any premises for that purpose.

The Lessee bears the burden of proving return and the date of return.

  1. Use, Maintenance and Repairs

The Lessee guarantees that the equipment shall be used only for its intended purpose and by qualified persons.

The Lessee shall, at its own expense, maintain the equipment in good working order and shall be responsible for all damages. Any replacement parts installed shall become the property of the Lessor.

The Lessee shall allow access for inspection and repairs and shall not be entitled to any rent reduction.

All taxes, fines, penalties or other charges relating to possession or use shall be borne by the Lessee.

  1. Indemnification

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

  1. Limitation of Liability

The Lessor shall not be liable for any damage, loss or injury caused by the rented equipment during its use.

No third-party fault, fortuitous event, or force majeure may be invoked against the Lessor.

The Lessor shall not be liable for hidden defects or system failures, nor for any direct or indirect damages, loss of profit, delay or injury.

The Lessee assumes all risks inherent in operation and use.

The Lessee must comply with all provincial and municipal codes relating to pressurized or hazardous equipment.

  1. Termination

The Lessor may terminate this Agreement without notice upon default, insolvency, bankruptcy proceedings, abusive use, or failure to pay within thirty (30) days.

The Lessor may repossess the equipment and claim all accrued and future amounts plus damages and enforcement costs.

  1. Subleasing and Assignment

The Lessee may not sublease or assign without written consent.

  1. Movable Hypothec

The Lessee shall keep the equipment free from any security interest and indemnify the Lessor for any related expenses.

  1. Cleaning

The Lessee shall return the equipment clean. Cleaning costs shall be charged if not.

  1. Damage Waiver

The Lessee agrees to pay a 10% surcharge of total rent to benefit from a damage waiver covering mechanical breakdowns, provided reasonable use is proven.

This does not replace required all-risk insurance and does not waive subrogation rights.

The waiver does not apply in cases including overloading, tire damage, abandonment, lack of maintenance, improper fuel, transport negligence, theft, intentional fault, collision, third-party fault, force majeure, or unauthorized modifications.

  1. Costs

The Lessee shall pay judicial and extrajudicial fees and collection costs as a penalty clause. The Lessor may also claim indemnity under Article 1618 of the Civil Code of Québec.

  1. Hazardous Equipment

Equipment involving heat, combustion, explosion or flammable materials must be operated under constant supervision by qualified personnel.

  1. Severability

Invalidity of one provision shall not affect others.

  1. Waiver

No waiver or delay by the Lessor shall prejudice its rights.

  1. Notices

Notices sent by registered mail to the address on the reverse shall be deemed received the day after mailing.

  1. Interpretation

References to Lessor and Lessee include their successors and assigns. Where multiple parties exist, obligations are joint and several.

  1. Interest

Overdue amounts bear interest at 2% per month (24% annually). Dishonored cheques incur a $50 fee plus interest.

  1. Consent and Authorization

The Lessee authorizes the Lessor to charge any outstanding balance to the credit card provided and to exchange credit and financial information with credit agencies or financial institutions for credit verification purposes.

  1. Election of Domicile

The parties elect the judicial district where the Lessor’s place of business is located as the exclusive venue.

  1. Personal Guarantee

The undersigned personally guarantees, jointly and severally, all obligations of the Lessee and waives the benefits of division and discussion. This is a continuing guarantee applicable to all debts owed to the Lessor.