Equipment rental agreement

IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner leases the Equipment to the Renter, and the Renter leases the Equipment from the Owner on the following terms:

Definitions

  1. The following definitions are used but not otherwise defined in this Agreement:
  • “Casualty Value” means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.
  • “Equipment” means 2007 Mirage Cargo Hauler 28′
  • SN# 5M3BE242871030062
  • Color: White, w/ Graphics which has an approximate value of $12,000.00.
  • “Total Loss” means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.

Lease

  1. The Owner agrees to lease the Equipment to the Renter, and the Renter agrees to lease the Equipment from the Owner in accordance with the terms set out in this Agreement.

Rent

  1. A booking and security deposit shall be required from the renter at the time of booking the trailer. At the commencement of the lease, and inspection will be completed and the security deposit will be refunded providing the trailer is returned by the time specified on this contract, clean and in good condition.
  2. The “Rent” will be charged for each Day (24 hr period), and payable upon prior delivery to the initial address location.

Terms and Delivery of Equipment – Company Towing

  1. The Owner will, at the Owner’s risk, deliver the Equipment to the Renter at initial address.
  2. The Owner will, at the Owner’s risk, pickup the Equipment from the initial address, then deliver to the second location.
  3. The Owner will, at the Owner’s risk, pickup the Equipment from the final address.

Terms and Delivery of Equipment – Customer Towing

  1. The Renter will, at the Renter’s risk, deliver the Equipment to the initial address.
  2. The Renter will, at the Renter’s risk, pickup the Equipment from the initial address, then deliver to the second location.
  3. The Renter will, at the Renter’s risk, pickup the Equipment from the final address.

Loss or Damage to Trailer

Renter shall pay BOBBI-JO & ANTHONY MELEDORO for all loss, damage and/or mechanical repairs to trailer and accessories, regardless of fault, resulting from abuse and/or misuse and/or negligence.

Prohibited Use

The trailer of this contract shall not be used:

  • By anyone not specifically named in this agreement.
  • By anyone whose ability to operate the tow vehicle is impaired by alcohol, drugs or fatigue.
  • Outside of Alberta without written consent.
  • In any contest.
  • In violation of any law.

Loss of Use

Renter agrees to pay a sum equal to the regular daily rental rate of the trailer for each day the trailer is unavailable for rent, regardless of fault, while any damage and/or mechanical repairs are made.

Reporting of Accidents and Theft

Renter shall report any accident or theft involving the trailer to the police and shall complete a written report as soon as possible and in any event within 24 hours.

Payment

Renter shall pay all charges incurred in connection with the rental. Renter agrees that if the person or company indicated by the renter to be responsible for payment fails to make payment, renter on demand agrees to pay all charges.

Tickets or Fines

Renter shall pay all fines plus 10% administration fee for all fines or fees associated with traffic and parking violations issued during the rental period, except while attached to owners tow vehicle. The renter is responsible for any charges while in possession of the trailer.

Repossession

BOBBI-JO & ANTHONY MELEDORO User may terminate the agreement and repossess the trailer at any time or place.

Personal Property

BOBBI-JO & ANTHONY MELEDORO are not responsible for loss or damage of any property left in, upon or carried in the trailer.

Loads

Renter agrees to pay for any and all damage and/or mechanical repairs resulting from the vehicle being overloaded or improperly loaded or resulting from an insecure load.

Tow Vehicle

  • Tow vehicles are covered by BOBBI-JO & ANTHONY MELEDORO’S insurance.
  • If trailer referred to within this contract is damaged by a tow vehicle, renter shall pay for all damage, loss of use and towing.
  • The renter accepts that BOBBI-JO & ANTHONY MELEDORO are NOT liable or responsible for any loss or damage of renters’ contents within the trailer.
  • All tow vehicles MUST HAVE the proper hitch and wiring required to tow the trailer safely, including an electric brake controller.  Hitching and wiring they MUST be in good working order. Any problems or adjustments must be repaired and the cost is the responsibility of the renter.

Delays and Breakdowns

BOBBI-JO & ANTHONY MELEDORO are not responsible for loss of time, wages, inconvenience, loss of use of the vehicle or other consequential damage or experience.  The trailer has been equipped with a spare tire, BOBBI-JO & ANTHONY MELEDORO are not responsible for any costs associated with changing the tire in case of a roadside flat.

Licenses and Permits

Any additional licenses or permits required by provincial authorities are the responsibility of the renter. This includes annual safety inspections on the renters tow vehicle (Yellow sticker ) that is required to tow a trailer with brakes or combination of trailer and tow vehicle exceeding 9920 lbs.

Use of Equipment

  1. The Renter will use the Equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations respecting the Equipment and with any applicable law, whether local, provinical or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.
  2. The Renter will use the Equipment for the purpose for which it was designed and not for any other purpose.
  3. Unless the Renter obtains the prior written consent of the Owner, the Renter will not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.

Repair and Maintenance of Equipment

  1. The Renter will, at the Renter’s own expense, keep the Equipment in good repair, appearance and condition, normal and reasonable wear and tear excepted. The Renter will supply all parts that are necessary to keep the Equipment in such a state.
  2. If the Equipment is not in good repair, appearance and condition when it is returned to the Owner, the Owner may make such repairs or may cause such repairs to be made as are necessary to put the Equipment in a state of good repair, appearance and condition, normal and reasonable wear and tear excepted. The Owner will make the said repairs within a reasonable time of taking possession of the Equipment and will give the Renter written notice of and invoices for the said repairs. Then the Renter will reimburse the Owner for the actual expense of said repairs.
  3. The Renter may, but is not obligated to, enforce any warranty that the Owner has against the supplier or manufacturer of the Equipment. The Renter will enforce such warranty or indemnity in its own name and at its own expense.

Warranties

  1. The Equipment will be used for personal, family or household purposes.
  2. The Equipment will be in good working order and good condition upon delivery.
  3. The Equipment is of merchantable quality and is fit for the following purpose: Moving.

Loss and Damage

  1. To the extent permitted by law, the Renter will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.
  2. If the Equipment is lost or damaged, the Renter will continue paying Rent, will provide the Owner with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.
  3. In the event of Total Loss of the Equipment, the Renter will provide the Owner with prompt written notice of such loss and will pay to the Owner all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Renter.

Ownership, Right to Lease and Quiet Enjoyment

  1. The Equipment is the property of the Owner and will remain the property of the Owner.
  2. The Renter will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
  3. The Owner warrants that the Owner has the right to lease the Equipment according to the terms in this Agreement.
  4. The Owner warrants that as long as no Event of Default has occurred, the Owner will not disturb the Renter’s quiet and peaceful possession of the Equipment or the Renter’s unrestricted use of the Equipment for the purpose for which the Equipment was designed.

Surrender

  1. At the end of the Term or upon earlier termination of this Agreement, the Renter will make the Equipment available for pick up at the final delivery location. If the Renter fails to make the Equipment available for pick up, the Renter will pay to the Owner any unpaid Rent for the Term plus the Casualty Value of the Equipment plus 10% of the Casualty Value, at which point ownership of the Equipment will pass to the Renter.

Insurance

  1.  Trailer insurance coverage for the Equipment is required by the Renter under this Agreement.

Default

  1. The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement:
  • The Renter fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Renter’s obligations under this Agreement.
  • The Renter becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the Federal bankruptcy law of Canada or other competent jurisdiction.
  • A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.

Remedies

  1. On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies (the “Remedies”):
  • Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Renter.
  • Apply the Deposit toward any amount owing to the Owner.
  • Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
  • Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Renter waives any and all damage occasioned by such taking of possession.
  • Terminate this Agreement immediately upon written notice to the Renter.
  • Pursue any other remedy available in law or equity.

Assignment

  1. THE RENTER WILL NOT ASSIGN THIS AGREEMENT, THE RENTER’S INTEREST IN THIS AGREEMENT OR THE RENTER’S INTEREST IN THE EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE OWNER.
  2. If the Renter assigns this Agreement, the Renter’s interest in this Agreement or the Renter’s interest in the Equipment without the prior written consent of the Owner, the Owner will have recourse to the Remedies and will be entitled to all damages caused by the assignment.

Renewal

  1. The Renter may renew this Agreement for an additional Term if the Renter has given the Owner 2 days written notice of the Renter’s intention to renew and if the Renter is not in default of any of the terms under this Agreement. Other than as agreed upon in writing between the Parties, the renewal will be on the same terms as this Agreement, except for this renewal clause.

Address for Notice

  1. Service of all notices under this Agreement will be delivered personally or sent by registered mail or courier to the following addresses:
  • Owner: Bobbi-Jo / Anthony Meledoro, PO Box 801 Stn Main, Grande Prairie, AB, T8V 3R5
  • Renter:  Billing Address as declared upon entering into this Agreement.

Governing Law

  1. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of Alberta without regard to the jurisdiction in which any action or special proceeding may be instituted.

General Terms

  1. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  2. Time is of the essence in this Agreement.
  3. This Agreement will extend to and be binding upon and inure to Mthe benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.
  4. Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.

Notice to Renter

This is a lease. You are not buying the Equipment. Do not enter into this Agreement before you read it. Upon selecting “I Accept”, you are encouraged to print a copy for your records.

Waiver and Release

  1. I, hereby (A) waive, release, and discharge from any and all liability for the death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to me or my family and friends (B) hold harmless BOBBI-JO & ANTHONY MELEDORO for any and all liabilities and claims made by other individuals or entities as a result of any of my actions or the actions of any associates, employees or reps.
  2. BY CLICKING “I ACCEPT” THE RENTAL CONTRACT, I, ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS RENTAL AGREEMENT AND THE WAIVER AND RELEASE DESCRIBED HEREIN.