Rental contract

EQUIPMENT RENTAL AGREEMENT

LOU-TILS ST-RÉMI, a trade name of 9326-2517 Québec inc., is referred to in this agreement as the “Lessor” or the “Seller”, depending on the nature of the agreement, and the CLIENT identified on the invoice acknowledge and agree to the following clauses, terms, conditions and mutual obligations:

  1. PURPOSE

9326-2517 Québec inc. rents to the Client the equipment or equipment more fully described on the attached invoice, which forms part of this agreement, for commercial use. In consideration thereof, the Client agrees to pay the applicable rental fees as well as, where applicable, any other amounts, including interest, fees, penalties or damages applicable under this Agreement.

  1. TERM

2.1 The rental period selected may be one day, one week or one month, as indicated on the invoice.

2.2 The rental period begins when the Equipment leaves the place of business of 9326-2517 Québec inc. and ends when the Equipment is returned to the place of business of 9326-2517 Québec inc., regardless of whether transportation is carried out by 9326-2517 Québec inc. or the Client.

2.3 Transportation of the Equipment must take place within the rental period.

2.4 Risk shall transfer to the Client as soon as the Equipment leaves the place of business of 9326-2517 Québec inc. and shall remain with the Client until the Equipment has been unloaded at the place of business of 9326-2517 Québec inc.

2.5 For the purposes of this Agreement and billing, rental periods shall be calculated as follows: the Equipment must be returned to the place of business of 9326-2517 Québec inc. no later than 4:00 p.m. on the scheduled return date; otherwise, the Equipment will be deemed to have been returned on the following day.

2.6 Upon return of the Equipment, if the maximum permitted usage period has been exceeded, 9326-2517 Québec inc. will charge additional rental days to cover the actual number of hours of use.

2.7 Unless otherwise agreed to in writing between 9326-2517 Québec inc. and the Client, if the Equipment is not returned as required, the rental shall automatically renew for one additional day.

2.8 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 means: 24 hours 1 week means: 7 days 1 month means: 28 days

2.9 In all cases where the rental period is not respected, the Client agrees to pay 9326-2517 Québec inc. the applicable late fees and penalties in the amount of $500.

  1. DELIVERY AND PICK-UP

3.1 9326-2517 Québec inc. shall deliver and pick up the Equipment at the location and time designated by the Client. If the Client is unable to receive the delivery or if the Equipment cannot be picked up, a $500 penalty will apply.

3.2 The designated location must be accessible and safe.

3.3 If delivery is impossible, the rental period shall continue to run.

  1. RENT

The Client guarantees payment of the rent, taxes and other applicable charges without deduction or withholding.

  1. CONSENT AND AUTHORIZATION

The lessee (purchaser) authorizes the lessor (seller) to use the imprint of the credit card provided as security when the account was opened to pay any outstanding and unpaid balance in accordance with the terms of this Agreement. The lessee further authorizes the lessor (seller) to exchange personal information, including financial information, with any credit reporting agency, financial institution, creditor or any person with whom the lessee (purchaser) has current or future business dealings, for the purpose of establishing or verifying the lessee’s (purchaser’s) credit history, creditworthiness, character, reputation, as well as any references provided by the lessee (purchaser).

5.1 Credit card authorization equivalent to 50% of the invoice amount, which will be refunded upon return of the Equipment.

  1. COLLECTION

6.1 Interest of 2% per month shall apply to overdue amounts.

6.2 Collection costs shall be borne by the Client.

  1. USE

7.1 Use within the province of Quebec only.

7.2 Equipment must be used carefully and prudently.

7.3 All required permits must be obtained.

7.4 The Client shall indemnify 9326-2517 Québec inc.

  1. WARRANTY, MAINTENANCE AND REPAIRS

8.1 No warranty is provided.

8.2 The Equipment is accepted as-is.

8.3 Maintenance shall be the responsibility of the Client.

8.4 The Equipment must be returned in the same condition in which it was received.

  1. LIMITATION OF LIABILITY

9.1 9326-2517 Québec inc. shall not be liable for indirect damages.

9.2 The Client shall indemnify 9326-2517 Québec inc.

  1. INSURANCE

10.1 Liability insurance of $2,000,000 is mandatory.

10.2 The conditions of the applicable insurance policies must be respected.

10.3 Additional charges of 10% shall apply.

  1. INSPECTION OF RENTED EQUIPMENT

The lessee declares that they have personally inspected the rented Equipment and accessories and found them to be in perfect order and in good working condition. The lessee further acknowledges that the Equipment meets their needs and that they are familiar with its proper operation. The lessee agrees to verify the operation of the Equipment and to notify the lessor of any defect.

  1. RETENTION OF TITLE

The lessee (purchaser) specifically acknowledges that the lessor (seller) is and remains the exclusive owner of all goods rented or sold to the lessee. In the event of a sale of goods, ownership shall not transfer upon formation of the sales contract or upon taking possession of the goods, but only once all amounts owing under the agreement have been paid in full to the lessor (seller).

However, the lessee (purchaser) shall be responsible for any loss or damage to the goods sold from the time possession is taken. Any default by the lessee shall result in the loss of any benefit of time or payment terms. The lessor (seller) may then, at its discretion, repossess all goods sold and retain, as liquidated damages, any amounts paid as a deposit toward such goods, or claim from the lessee (purchaser) and the guarantor any amounts owed by them under this Agreement, plus interest.

The lessee (purchaser) shall only have the right to use the Equipment in accordance with the terms and conditions of this Agreement. 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 this Agreement, and the lessee (purchaser) shall continue to pay the rent until the Equipment is returned to the lessor (seller) or the value of the Equipment has been paid to the lessor (seller).

In addition, the lessee (purchaser) 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 rented Equipment shall be its replacement cost at the time of the loss.

  1. SUBLEASE AND ASSIGNMENT

The lessee may not sublease the Equipment or any part thereof, nor assign this Agreement without the written consent of the lessor, which consent may be refused for reasonable grounds.

  1. DAMAGE WAIVER

The lessee agrees to pay the lessor, according to the schedule contained in this Agreement, a surcharge of 9.9% of the total rental amount in order to be exempt from paying for damage to the rented Equipment resulting from a mechanical breakdown, provided that the lessee can demonstrate that they acted reasonably throughout the entire rental period.

The damage waiver does not replace the all-risk insurance that the lessee must maintain on the rented Equipment at their own expense. The damage waiver does not waive any right of subrogation held by the insurer.

The lessee shall be presumed not to have acted reasonably in particular in the following circumstances:

15.1 Damage caused by a deficiency or by a load exceeding the maximum weight capacity of the machine or its accessories, including tipping caused by improper weight distribution;

15.2 Flat tires / cut tires / damaged wheel rims / broken or damaged points / chisels / blades or bits / cable damage;

15.3 Abandonment of the Equipment or its accessories indoors or outdoors, without supervision and accessible to everyone and not locked or secured;

15.4 Lack of oil or lubricant, insufficient or improper fuel, freezing, and use of Equipment without accessories required by the manufacturer, including filters and other components;

15.5 Transportation of Equipment, failure to properly anchor or secure the Equipment to prevent it from falling or shifting;

15.6 Theft of the rented Equipment, unauthorized taking or use, misuse, intentional misconduct, accident or collision on a public road or private property;

15.7 Negligence by the lessee, whether caused by an accident, collision or otherwise, by the fault of a third party, or due to an unforeseen event or force majeure;

15.8 Use or modification of the Equipment and/or its accessories for purposes other than those recommended by the manufacturer or the lessor.

  1. DANGEROUS EQUIPMENT

Any rented Equipment involving the release of heat, combustion, explosion or friction, or operating with flammable or explosive materials or otherwise presenting a hazard, must be operated by the lessee under the constant and appropriate supervision of a qualified operator.

  1. SEVERABILITY

The invalidity of any one or more provisions of this Agreement shall not render the remaining provisions of this Agreement invalid.

  1. WAIVER BY THE LESSOR

No failure or delay by the lessor in exercising any of its rights under this Agreement, nor any extension of time granted to the lessee by the lessor, shall prejudice or affect the lessor’s rights under this Agreement.

  1. NOTICES

Any notice given to the other party shall be valid if sent by registered mail to the address of the other party indicated on the reverse side of this Agreement. Any such notice shall be deemed to have been given on the day following the date of mailing.

  1. INTERPRETATION

Unless otherwise stated, the words lessor (seller) and lessee (purchaser) wherever used in this Agreement shall respectively mean the lessor, its directors, executors, successors and assigns, and the lessee, its directors, executors, successors and assigns.

If there is more than one lessor or lessee, all obligations shall be joint and several.

  1. INTEREST

Any overdue account shall bear interest at a rate of 2% per month, or 24% annually. Any dishonoured cheque shall incur a $35.00 fee, in addition to interest.

  1. CHOICE OF JURISDICTION

The parties agree that, for any claim or legal proceeding for any reason whatsoever relating to this Agreement, the judicial district in which the lessor’s (seller’s) place of business is located shall be the appropriate jurisdiction for the hearing of such claims or legal proceedings, to the exclusion of any other judicial district.

  1. PERSONAL GUARANTEE

I declare that I have read and understood this Agreement and agree, jointly and severally, to guarantee each and every obligation of the company (lessee/purchaser) whose name and date appear on the front of this Agreement, with respect to any amount that such company may owe to the lessor (seller), whether presently or at any time hereafter.

Furthermore, I irrevocably waive the benefits of division and discussion, acknowledging that this undertaking constitutes a continuing guarantee applicable to all debts incurred toward the lessor (seller) by the lessee (purchaser).