1. PARTIES: The term “Customer” shall include but not be limited to its officers, directors, agents, representatives, insurers, employees, contractors, carriers, successors, assigns and those for whom the Customer is responsible in law. L2 Rental Inc shall hereinafter be referred to as L2 Rental.
2. TITLE: At all times during the term of this Contract, the Equipment remains the property of L2 Rental, even if the Equipment may become affixed or attached to realty.
3. MAINTENANCE: At the time of delivery, the Equipment shall have been maintained and serviced in accordance with L2 Rental commercially reasonable standards of maintenance and service. The Customer shall check the oil and radiator of the engine-driven Equipment on a daily basis and shall be responsible for changing the oil and filter in each unit in accordance with the manufacturer’s recommendations or as indicated on the Equipment unless other arrangements are made and agreed to in writing by L2 Rental. Manufacturer’s Operator Manuals (including Operating Instructions and Safety Advisories) for the Equipment are available on our website at L2rental.com or the Equipment manufacturer’s website and upon request. The Customer shall be responsible for cleanup and restoration charges upon return of the Equipment if power washing will not restore the Equipment to it pre-rental state (i.e. – presence of concrete or spray paint, removal of decals, etc.)
4. REPAIRS: The Customer shall not attempt to service the Equipment (and L2 Rental shall not be responsible for payment of any such expenses) without the prior written authorization of L2 Rental. Repairs or replacement of the Equipment parts or accessories due to negligence or carelessness of the Customer shall be charged o the Customer at the Manufacturer’s list price.
5. EQUIPMENT LOSS: Except to the extent provided for by the Damage Waiver, the Customer assumes the entire risk of and shall indemnify L2 Rental against all loss and damage to the Equipment and accessories arising from or pertaining to the installation, possession, operation or use of the Equipment or from any cause whatsoever while the Equipment or damage claimed by either the customer or L2 Rental must be made known in writing to the other party within two (2) weeks after receipt by such claimant of the Equipment. In the event of total loss of any Equipment by the Customer, this Contract shall remain in effect and shall not be terminated until the Customer has confirmed the loss to L2 rental and L2 Rental has invoiced the Customer for the loss.
6. INSURANCE: The Customer shall maintain $1 Million Dollars for the guaranteed replacement value of the Equipment and accessories and name L2 Rental as loss payee as its interest may appear thereof. The Customer shall provide confirmation f such coverage to L2 Rental upon L2 Rental’s request and shall notify L2 Rental within thirty (30) days of any changes to any such policy of Insurance. L2 Rental shall be under no duty either to ascertain the existence of, or to examine such insurance policy or to advise the Customer in the event such insurance coverage does not comply with the requirements of this Contract. In addition to $1 Million Dollars set out above the Customer shall verify with its own Insurer whether it has adequate liability coverage and name L2 Rental as an additional insured.
7. PAYMENT TERMS: Payment terms are Net 30 Days and shall be made to L2 Rental at the address designated by L2 Rental, without interruption, abatement, set off or reduction for any claims of any kind. Payment shall be made in the currency of the jurisdiction of the country in which the Contract was entered into, unless otherwise stipulated in the Contract and agreed to by the parties. Open account credit is subject to L2 Rental’s assessment of the Customer’s financial status and ability to pay within these terms. Standard rental rates are based on the eight-hour day. Double or triple shifts only as per arrangements with L2 Rental. Standard rental rates (excluding Lease) will commence on the date of shipment and terminate on the date the Equipment is returned to the L2 Rental outlet.
8. TAXES: The prices set forth are exclusive of any amount of federal, provincial, and/or local excise, sales, use, property, retailer’s occupation, gross receipts or similar taxes which may be imposed upon this transaction. If any such excluded tax is determined to be applicable, the prices set forth shall be increased by the amount of such tax. In the event that the Customer claims exemption from such taxes, a properly completed exemption certificate, which will be acceptable to the appropriate taxing authorities, must be provided. Should such certificate be found invalid upon audit, the Customer agrees to bear the burden of any tax, interest and penalties assessed.
9. ITEMIZED CHARGES: The total amount due from the Customer may include various itemized charges, including charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery, and shipping, and/or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by
L2 Rental. L2 Rental has not specifically quantified the relationship between the charges and the actual costs associated with the charges, which can vary by product, service, time and place, among other things.
10. DEFAULT: In the event the Customer fails to make any payment when and as due, L2 Rental may charge the Customer interest at the highest rate permitted by law calculate from and excluding the due date thereof, to and including the date of payment. If the Customer (a) defaults in making any amounts payable under this Contract; or (b) becomes insolvent, bankrupt, makes an assignment for the benefit of creditors or becomes subject to receivership; or (c) fails to maintain the Equipment as required by this Contract; or (d) fails to comply with any other term or provisions of this Contract; or (e) fails to return the Equipment at the end of the term of this Contract (or the agreed return date), then L2 Rental may terminate this Contract without notice and take possession of the Equipment wherever it may be found, without becoming liable for damages or trespass. The Customer then shall pay to L2 Rental all rental/lease payments due, all replacement costs of damaged or missing Equipment and any damages generally resulting from the default and actions taken to recover possession of the Equipment. Exercise of any one or more remedies available to L2 Rental shall not be deemed to be a waiver of any other remedy or preclude the exercise of any other right or remedy.
11. ASSIGNMENT: The Customer shall not assign any of its rights herein, nor sublet or part with the possession of the Equipment; or permit its use by any other person or party (“Third Party”) except with L2 Rental’s prior written consent. To the extent the Customer re-rents the Equipment to a Third Party, the Customer shall remain fully responsible and liable for the Equipment and any resulting damage or injury to persons or property during such time. L2 Rental may assign all of its rights and transfer any or all of its obligations under the Contract without notice to or consent by the Customer. The Customer shall be bound by such an assignment and shall not raise against any Assignee any claims, which the Customer may have against L2 Rental. Nothing contained in this Contract shall relieve any Assignee from its obligation to perform any duty covenant or condition required to be performed by L2 Rental.
12. DAMAGE WAIVER: The Customer may select the Damage Waiver by (a) providing L2 Rental with confirmation in writing prior to delivery and (b) paying the applicable charges. Subject to the conditions noted below, L2 Rental shall not claim payment or reimbursement from the Customer for repairs to and/or replacement of the Equipment to the extent that the loss or damages of the Equipment to the extent that the loss o damage occurred while the Equipment was under the care, custody or control of the Customer and was being used (a) for the purpose(s) for which it was intended; (b) in accordance with and in a manner consistent with the Equipment manufacturer’s instructions; (c) under normal working conditions; (d) by a qualified operator and (e) in compliance with these Terms and Conditions and all applicable laws, rules, regulations and codes. L2 Rental shall have no liability whatsoever to the Customer under the Damage Waiver if the loss or damage to the Equipment is caused by or arises out of or in connection with (whether directly or indirectly) the following: (a) the Customer’s failure to carry out regular basic servicing (including lubrication) of the equipment; (b) rollover or upset of the Equipment due to improperly secured loads or overloading; (c) exceeding the rated capacity of the Equipment; (d) reckless, careless or abusive operation or use of the Equipment; (e) any riot, strike, lockout, boycott, acts of public enemies, war or civil commotion; (f) any fire, explosion, chemical reaction, geological hazards, water disasters, weather disasters, other natural disasters or events outside of human control; and (g) the theft, vandalism, mischief, conversion, any other malicious act or mysterious disappearance. The customer shall notify L2 Rental immediately of any damage to the Equipment.
CONDITIONS OF SALE CONTRACT
1. TITLE: Equipment sold to the Customer remains the property of L2 Rental until paid in full. The Customer hereby grants to L2 Rental a purchase money security interest in the Equipment as security for any unpaid balances of the total amount due from the Customer to L2 Rental.
2. RETURN OF EQUIPMENT: All claims by the Customer concerning damaged Equipment and/or non-receipt of the Equipment must be made in writing to L2 Rental within ten (10) days of the shipping date of the Equipment. Return of the Equipment by the Customer is permitted only by prior written authorization of L2 Rental and shipment shall be pre-paid by the Customer. There is a 10% restocking charge for returned Equipment.
3. SALE PRICE: Prices are subject to change without notice and are subject to TAXES and ITEMIZED CHARGES as set out above in the CONDITIONS OF RENTAL CONTRACT.
LIMITATION OF LIABILITY
Whether renting, leasing or purchasing Equipment the Customer assumes the entire risk for and shall indemnify L2 Rental against all claims, losses, penalties, damages, judgements and other costs and expenses, including third party claims, arising from or pertaining to personal injuries (including death) and/or property damage suffered by reason of the possession, operation, handling, transportation or use of the Equipment while in the Customer’s care, custody or control. The Customer hereby acknowledges that L2 Rental will not be responsible for any loss or damage which the Customer may suffer, either directly or indirectly, by reason of the condition of the Equipment or the suitability of the Equipment for the work it may be required to perform