Terms and conditions

1. Term of contract This contract is for the term stipulated on the website at the moment of booking and shall rented on a daily basis which commences on the date the lessee (buyer) receives the equipment. The equipment shall be delivered between 7:00 – 8:00 am Monday-Sunday and picked up 17:00-18:00 pm Monday-Sunday.

2. Rental period All equipment is rented for a minimum of three (3) days. For the purposes of this contract, rental periods are as follows: 1 day means: 24 hours and 1 week means: 7 days. The lessee (purchaser) shall be deemed, for all purposes, to have had the use of the rented machinery or accessories from the day he takes possession of them until the day he returns them to the lessor (seller). The lessee (purchaser) undertakes to notify the lessor (seller) of any excess of the permitted use of the leased equipment, which will be charge another block of three (3) days on the website’s booking system. There will be no blocks of half days unless wrote down on the website’s booking system. The equipment rental is for 3 consecutive days minimum. If equipment is not ready to be returned after the contract’s duration the lessee (buyer) has to pay an additional three (3) day minimum rental (price on the website) that he has possession of the equipment until notification is sent to the lessor (seller) to pickup said equipment. There is a maximum of 14 consecutive days that the equipment can stay at the address on the contract and must be given/picked up by the lessor (seller)

3. Rental for extra options If after the rental period the lessee (purchaser) decides to keep the equipment for three (3) extra days, which is the minimum, the rate per day (rate on the website ) is charged. If any rental in extra options we’re added in cart at the start of the contract, they will be charged per extra day as well at the rate displaying on the checkout page in extra options. Example : a Hilti jackhammer for 3 day rental is $150, then another block of 3 day rental for the jackhammer will be added at $150. (Rates may change without notice)

4. Examination of the leased equipment The lessee (buyer) declares that he has had the opportunity to personally inspect the equipment. He further acknowledges that the equipment is in good condition, that it is suitable for his needs and that he is familiar with its operating instructions. He undertakes to check its operation and to notify the lessor (seller) of any defects.

5. Rent The lessee (buyer) has fully paid for the rental equipment on the website using a credit card payment for the full rental period that he selected. If more days are required, the lessee shall pay on the website for another block of days (minimum 3 days) and shall do so 24HRS prior to equipment pickup by the lessor (seller). Meaning if the pickup schedule is Saturday morning at 7:00am, The lessee (buyer) has to pay the full amount on the website the day before ( Friday or earlier ) to keep the equipment if desired for another 3 consecutive days minimum.

6. Contractor Rental, sites or new construction. This program and it’s trailer, tools rental is meant for the DIY and homeowners At no time shall the trailer be delivered to a new construction site, commercial or industrial address and no contractors shall rent it to run their businesses. 

7. Retention of title The equipment described in this contract and in the possession of the lessee (buyer) is and remains the exclusive property of the lessor (seller) and shall be returned to the lessor (seller) at the end of the contract term.

8. Use of equipment The lessee (purchaser) shall have the right to use the leased equipment only in accordance with the terms and conditions of this contract. The lessee (buyer) may not move the equipment from the place of use mentioned on his billing address. If for any reason the equipment and trailer shall move during the lease period the lessor (seller) has the right to cancel the contract without refund and immediately pickup his equipment.

9. Destruction, loss, theft and fire The total loss, theft, fire or destruction of the equipment shall not terminate the contract and the lessee (buyer) shall pay the rent until the equipment is returned to the lessor (seller) and the value of the equipment is fully paid to the lessor (seller). Furthermore, the lessee (buyer) agrees to immediately notify the lessor (seller) and the police of any loss, theft or destruction of the equipment. The parties agree that the value of the leased equipment will be the replacement cost at the time of the loss. The total cost of the equipment lost shall be re-imbursed at the checklist priced list included in the contract.

10. Delay Inability or delay not caused by the fault of the lessor (seller) to use the rented equipment does not release the lessee (buyer) from payment of the rental charges agreed on the on this contract and the lessee (buyer) may not claim any compensation from the lessor (seller). Furthermore any delay or inability to return back any rented equipment after the (3) three consecutive days rental period, the lessee (buyer) will automatically rent the equipment for another (3) three consecutive day period at the price listed on the website. If the equipment is returned or picked up any day before the (3) seven consecutive days, there will be no partial refunds.

11. Expiry of contract At the expiry of the contract, or upon early termination, the lessee (purchaser) shall release the equipment to the lessor (seller) in the same condition as when the lessee (purchaser) received it, with the exception of normal wear and tear. The equipment will be inspected after each rental period and signed by both parties ( the lessee and lessor ) that everything is in working order. If a pickup of the equipment is made by the seller (lessor) the same inspection will be performed on site of the lessee (buyer) billing address before leaving with the equipment. The Lessor (Seller) and any person authorized by the Lessor (Seller) may, without notice, repossess the equipment and, for that purpose, enter any premises to remove said equipment. It shall be the responsibility of the lessee (purchaser) to establish whether and when the equipment has been returned.

12. Use, Maintenance and Repair The lessee (purchaser) warrants that the equipment will be used in a proper manner by persons qualified to operate such equipment. The lessee (purchaser) shall, at his own expense, keep the equipment in good working order and repair, and shall be responsible for all damage to said equipment. The lessor (seller) shall become the owner of any parts added or used as replacements.  The lessee (purchaser) agrees to give access to the equipment to the lessor (seller) and to any person authorized by the lessor (seller) for the purpose of inspecting the equipment.  The lessee (purchaser) shall undergo all repairs of whatever nature and shall not be entitled to any reduction in rent.  The lessee (purchaser) shall pay all fees, taxes, penalties, or other charges relating to the possession or use of the equipment.

13. Damages to the tools During pickup by the lessor (seller) after any rental period an inspection of the tools shall be performed. If damages occurred to any tools under $300, the lessee (buyer) shall repay the cost of the tool to the lessor (seller). If the cost of the tool is worth more than $300 the lessee (buyer) has to repay the repair cost of said tool. The hourly rate shall be $125/hour plus the cost of the replacement part(s) and be paid directly to the lessor (seller). Furthermore any mechanical damages occurred on the trailer shall be repaid directly to the seller.

14. Damages to the trailer At lessees (buyer) address, during pickup by the lessor (seller) after any rental period an inspection of the trailer shall be performed and signed off by both parties. If damages to the trailer occurred, an estimate of the repairs shall be done at a Garage and the lessee (buyer) has to repay the invoice from said garage to the lessor (seller) directly.

15. Indemnification The lessee (buyer) agrees to fully indemnify and hold harmless the lessor (seller) from and against any and all claims, demands or actions taken against the lessor (seller) for any loss, injury, or damage, including any loss of profit or other consequential damages suffered by the lessor (seller), its employees, or representatives or third parties as a result of the presence or absence of the equipment.

16. Termination of contract The lessor (seller) may, without prejudice to any of its rights and remedies under this contract and the Act, terminate this contract without notice or formal notice in any of the following cases : a)if the lessee (purchaser) is in arrears in the payment of rent or any other sums payable under this agreement;b)if the lessee (purchaser) is in breach of any of the other provisions of this agreement; c)if the lessee (purchaser) commences proceedings under any law relating to insolvency or bankruptcy or if any proceedings are commenced against the lessee (purchaser) under such laws;d)if a receiver, trustee or any other person with similar powers is appointed to take charge of any or all of the lessee’s (purchaser’s) assets or affairs; e)If the voluntary or forced dissolution or liquidation of the lessee (purchaser);f) If the lessee (purchaser) fails to pay any installment within thirty (30) days of its due date;g)If the lessee (purchaser) makes improper use of the property;h)If the lessee (purchaser) mortgages the leased equipment;In the event of termination of the contract, the lessor (seller) may then repossess the equipment sold hereunder without any judicial intervention and for this purpose enter upon any premises to remove said equipment. If there is a repossession of the equipment in accordance with the above provisions, the lessee (buyer) shall nevertheless be liable for any rent, amount or reimbursement due or to become due under this agreement and any damages suffered by the lessor (seller) as a result of the lessee’s (buyer’s) breach including any reasonable expenses incurred by the lessor (seller) in enforcing this agreement.

17. Termination of Agreement The Lessor (Seller) may, without prejudice to all its rights and remedies under this Agreement and the Act, terminate this Agreement without the necessity of any notice if the Lessee (Buyer) is in arrears in the payment of rent, or any other sum payable under this Agreement or if the Lessee (Buyer) is in breach of any of its other obligations under this Agreement, or if the Lessee (Purchaser) hypothecates the Leased Property, or if any proceedings are instituted for or against the Lessee (Purchaser) under the Bankruptcy and Insolvency Act, or if the Lessee (Purchaser) passes a resolution for liquidation, then the Lessee (Purchaser) shall, with the consent of the Lessor (Seller), no longer be in possession of the Equipment. The Lessor (Seller) and any person authorized by the Lessor (Seller), may then, without notice, repossess the Equipment and, for that purpose, enter upon any premises to remove said Equipment. In addition, the lessee (purchaser) shall immediately pay to the lessor (seller) any rent, amount or reimbursement due and to become due under this agreement and any damages suffered by the lessor (seller) as a result of the lessee’s (purchaser’s) breach, including any reasonable expenses incurred by the lessor (seller) in enforcing this agreement.

18. Subletting and assignment The lessee (buyer) may not sublet the equipment or any part thereof, nor assign this contract to any person,company or group. The equipment/trailer/tools is said to stay on the billing address for the duration of the contract. No Exeptions.

19. Mortgage on debt The lessee (purchaser) shall keep the Equipment free of any debt in which the lessee (purchaser) shall be liable to reimburse the lessor (vendor) for amounts paid and expenses incurred by the lessor (vendor) in obtaining release and discharge of any such mortgages of lien of the rental equipment.

20. Cleaning The lessee (purchaser) agrees to return the leased property to the lessor (seller) in a clean and tidy condition. Failure by the lessee (buyer) to comply with this obligation shall render the lessee (buyer) liable for all cleaning costs which is $200 minimum charge and $125/hour thereafter.

21. Payment of costs The Lessee (Buyer) agrees to pay legal fees and costs of collection of any costs or charges due as a result of its contract or repossession of the leased property, all as a penalty clause. Furthermore, in all cases, the lessor (seller) may claim the indemnity provided for in article 1618 of the Civil Code of Quebec.

22. Cancellation and Refunds If you need to cancel your order, please submit a cancellation request anytime before 5 days prior to the delivery date. The cancel fees are 10% and it will deducted from your total price. There will be no cancellations or refund 5 days prior to your delivery. Please plan your project accordingly.

23. Dangerous Equipment and Saws All rented equipment where heat, combustion, explosion or friction is generated, or where flammable or explosive materials are used or otherwise operated, shall be operated by the lessee (purchaser) under constant and adequate supervision by a qualified operator. If any injury shall occur during operation of cutting saws, running cutting blades or any equipment that can cause bodily harm, it shall be the lessee (buyer) responsibility to know beforehand on how to safely operate the equipment and shall initial this paragraph. By putting his/her initials on this paragraph, the lessee (buyer) agrees not to press charges or hold liable the lessor (seller) of any harm body or mental accidents caused by these tools. The lessor (seller) holds no responsibility as to the outcome of using these tools and the lessee (buyer) waive his rights to hold the lessor (seller) accountable.

1. Lessor’s (Seller’s) Waiver No forbearance or mitigation by Lessor (Seller) in the exercise of its rights under this Agreement, or delay granted to Lessee (Buyer) by Lessor (Seller), shall prejudice or affect Lessor’s (Seller’s) rights under this Agreement.

2. Notice Any notice given to the other party shall be validly given if sent by registered mail to the address of the other party set forth on the reverse side of this Agreement and any notice so given shall be deemed to have been given on the day following mailing.

3. Interpretation Unless the contrary intention appears in a contract, the words lessor (seller) and lessee (buyer) wherever used mean respectively the lessor (seller), its administrators, executors, successors and assigns and the lessee (buyer), its administrators, executors, successors and assigns. If there is more than one lessor (seller) or lessee (buyer) all obligations shall be joint and united.

4. Legal proceedings The parties agree, for any claim or legal proceeding for any reason whatsoever relating to the contract, to select the district of Gatineau, province of Québec, Canada, as the proper place for the hearing of such claims or legal proceedings to the exclusion of any other judicial district which may have jurisdiction over such dispute as prescribed by law. The lessee (buyer) acknowledges having read each and every provision of this Lease and agrees to abide by them. Signed on the date and place stipulated on this contract.

Personal guarantee I, the undersigned, declare that I have read the present rental contract and undertake jointly and severally to guarantee each and every one of the obligations of the company whose name and date appear on the face hereof with respect to any sum that the latter may owe to the lessor (seller) from now on or at any time thereafter.  I further irrevocably waive the benefits of division and discussion understanding that this obligation constitutes a continuing guaranty, applicable to all debts contracted with the lessor (seller) by the lessee (buyer). By signing this contract, I fully acknowledge and agree points 1 to 23 and section 1 to 4 on this RENTAL AGREEMENT BETWEEN LESSEE BUYER AND LESSOR (SELLER)

                   Date__________________________                                                         Lessee (buyer) Name  _____________________________                                  Lessee (buyer) Signature____________________________