Payment for Parts and Products should be made to the address shown on the invoice. Payments On-Account are due thirty (30) days from the date of the invoice. Late payments are subject to interest charges and payable at the rate of two percent (2%) per month. If a Credit Account has not been established, payment shall be at the time of order for non-stock items or prior to pickup/shipping for in-stock. Other than those orders placed On-Account, payment must be accompanied by photo ID. Additionally, all Credit Card payments over the phone require a completed Credit Card Authorization form. Purchase Orders are required for all orders. Full payment is required for all non-stock items under $1000. A 20% non-refundable deposit is required for all non-stock orders over $1000.
Parts pricing quotes are applicable for 15 days from the time of quotation and require a written copy of the Rentshop quote.
Claims for error or shortage must be made within ten (10) business days from date of shipping or pick-up. Agreement must be obtained before Parts are returned. Any On-Account special ordered items not picked up within thirty (30) business days will be charged and shipped directly to the customer.
A 20% restocking charge will be assessed on all returned Parts or Products. Returns must be shipped freight pre-paid or returned in-store. Non-stock Parts or Products, or any merchandise over ninety (90) days old are not eligible for return. Please note that all returned Parts or Products must be in their original packaging and are subject to inspection. Wear items, regular maintenance items, electrical components, seals, manuals, propane, and ground engaging implements are non-returnable. Other exceptions and conditions apply. Contact us for details.
1. DEFINITIONS. “Authorized Individuals” are those individuals that Customer directly or indirectly allows to use the Equipment, are properly trained to use the Equipment and are not under the influence of any drugs, alcohol, substances or otherwise impaired. “Customer” is identified on the front side hereof and includes any of its representatives, agents, officers, employees or anyone signing this Contract on their behalf. “Equipment” is the equipment and/or services identified on the front side hereof, together with all replacements, repairs, additions, attachments and accessories and all future Equipment rented. “Incident” is any fine, citation, theft, accident, casualty, loss, vandalism, injury, death or damage to person or property, claimed by any person or entity that appears to have occurred in connection with the Equipment. Equipment is considered “Lost” when it is either stolen, its location is unknown, or Customer is unable to recover it for a period of 30 days. “MSLP” is the Equipment manufacturer’s suggested list price on or about the date of the Incident relating to the Equipment. “One Shift” means not more than 8 hours per day and 40 hours per week. “Ordinary Wear and Tear” means normal deterioration considered reasonable in the equipment rental industry for One Shift use. “Off-Rent Number” is the number Customer obtains from Rentshop evidencing the Customer’s call to pick up Equipment. “Rental Period” commences when the Equipment is delivered to Customer or the Site Address and continues until the Equipment is returned to the Store or picked up by Rentshop during normal business hours provided Customer has otherwise complied with this Contract. “EPP” is the equipment protection plan described in Section 10. “Site Address” is the location that Customer represents the Equipment will be located during the Rental Period (identified on the front side hereof). “Store” is the Rentshop location identified on the front side hereof. “Rentshop” and “Rentshop Entities” is Rentshop and its affiliated companies, their respective officers, directors, employees and agents.
2. TERMS. Customer’s rental of Equipment is conditioned upon Customer’s agreement with this Contract and all of its terms. Customer’s execution of this Contract or taking possession of the Equipment shall be deemed acceptance of the terms herein. All of the terms herein (including on the front side of this Contract) are incorporated into this and all past and future contracts between Rentshop and Customer upon Customer’s receipt of Rentshop’s Equipment under those contracts. Any reference in Customer’s purchase order or other Customer document to other terms that shall control this transaction shall be void. Customer rents the Equipment from Rentshop pursuant to this Contract. Customer shall pay Rentshop the rental rates (including any minimum rental on the front side hereof) and other charges described herein when due, return the Equipment to Rentshop as required herein and otherwise comply with this Contract. This Contract is a true lease. The Equipment (a) is and shall remain the personal property of Rentshop and (b) shall not be affixed to any other property.
3. PERMITTED USE. Customer agrees that Rentshop has no control over the manner in which the Equipment is operated during the Rental Period by Customer or any third party that Customer implicitly or explicitly permits. Customer warrants that: (a) prior to each use, Customer shall inspect the Equipment to confirm that it is in good condition, without defects, includes readable decals and operating and safety instructions and is suitable for Customer’s intended use; (b) any apparent agent at the Site Address is authorized to accept delivery of the Equipment (and if Customer requests, Customer authorizes Rentshop to leave the Equipment at the Site Address without requirement of written receipt); (c) Customer shall immediately notify Rentshop if the Equipment is Lost, damaged, unsafe, disabled, malfunctioning, levied upon, threatened with seizure, or if any Incident occurs; (d) Customer has received from Rentshop all information needed or requested regarding the operation of the Equipment; (e) Rentshop is not responsible for providing operator or other training unless Customer specifically requests in writing and Rentshop agrees to provide such training (Customer being responsible to obtain all training that Customer desires prior to the Equipment’s use); (f) only Authorized Individuals shall use and operate the Equipment; (g) the Equipment’s use shall be in a careful manner, in compliance with all operating and safety instructions provided on, in or with the Equipment and all applicable federal, provincial, territorial and local laws, permits and licenses, including but not limited to, work place health and safety statutes; and (h) the Equipment shall be kept in a secure location.
4. PROHIBITED USE. Customer shall not (a) alter or cover up any decals or insignia on the Equipment or remove any operational or safety equipment or instructions; (b) assign its rights under this Contract; (c) move the Equipment from the Site Address without Rentshop’s written consent; (d) use the Equipment in a negligent, illegal, unauthorized or abusive manner or in any publication (print, audiovisual or electronic); or (e) allow the use of the Equipment by any unauthorized individual (Customer acknowledging that the Equipment may be dangerous if used improperly or by untrained parties).
5. MAINTENANCE. Customer shall perform routine maintenance on the Equipment, including routine inspections and maintenance of fuel and oil levels, grease, cooling system, water, batteries, cutting edges, and cleaning in accordance with the manufacturer’s specifications. All other maintenance or repairs may only be performed by Rentshop or its agents, but Rentshop has no responsibility during the Rental Period to inspect or perform any maintenance or repairs unless Customer requests a service call. If Rentshop determines that repairs to the Equipment are needed, other than Ordinary Wear and Tear, Customer shall pay the full repair charges and rental of the Equipment until the repairs are completed. Rentshop has the right to inspect the Equipment wherever located. Customer has the authority to and hereby grants Rentshop and its agents the right to enter the physical location of the Equipment for the purposes set forth herein. Rentshop shall be responsible for repairs needed because of Ordinary Wear and Tear. Customer agrees that repair or replacement of the Equipment is Customer’s exclusive remedy for Rentshop’s breach of this Section. Notwithstanding Rentshop’s service commitment, Rentshop shall have no obligation if Customer breaches this Contract to stop the Rental Period, commence repairs or rent other equipment to Customer until Customer or its agent agrees to pay for such charges.
6. CUSTOMER LIABILITY. DURING THE RENTAL PERIOD, CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE POSSESSION, CONTROL OR USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, RENTAL CHARGES, THEFT, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING CUSTOMER TRANSPORTATION, LOADING AND UNLOADING, WHETHER OR NOT THE CUSTOMER IS AT FAULT. After an Incident, Customer shall (a) immediately notify Rentshop, the police, if necessary and Customer’s insurance carriers; (b) secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident until Rentshop or its agents investigate; (c) immediately submit copies of all police or other third party reports to Rentshop; and (d) as applicable, pay Rentshop, in addition to other sums due herein the rental rate for Equipment until the repairs are completed or Equipment replaced plus either (i) the MSLP or (ii) the full charges of repairs of damaged Equipment. Accrued rental charges shall not be applied against these amounts. Rentshop shall have the immediate right, but not obligation, to reclaim any Equipment involved in any Incident.
7. NO WARRANTIES. RENTSHOP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST RENTSHOP ENTITIES. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES RENTSHOP ENTITIES FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) CONNECTED WITH THE EQUIPMENT, ITS OPERATION, USE OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF RENTSHOP’S OBLIGATIONS HEREIN.
8. RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, HOLDS RENTSHOP ENTITIES HARMLESS AND AT RENTSHOP’S REQUEST, DEFENDS RENTSHOP ENTITIES (WITH COUNSEL APPROVED BY RENTSHOP), FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEY’s AND/OR LEGAL FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO ANY INCIDENT, DAMAGE TO PROPERTY, INJURY OR DEATH OF ANY PERSON, CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR CONNECTED WITH THE (a) USE, POSSESSION OR CONTROL OF THE EQUIPMENT DURING THE RENTAL PERIOD OR (b) BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED IN PART BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. Customer’s indemnity obligations shall survive the expiration or termination of this contract. All of Customer’s indemnification obligations under this paragraph shall be joint and several.
9. INSURANCE. During the Rental Period, Customer shall maintain, at its own expense, the following minimum insurance coverage: (a) general liability insurance of not less than $1,000,000 per occurrence, including coverage for employers liability and non-owned automobile liability and for Customer’s contractual liabilities herein such as the release and indemnification clause contained in Section 8; (b) property insurance against loss by all risks to the Equipment, in an amount at least equal to the MSLP thereof, unless RPP is elected and paid for at the time of rental; (c) worker’s compensation insurance as required by law; and (d) automobile liability insurance (including comprehensive and collision coverage and uninsured/underinsured motorist coverage), in the same amounts set forth in subsections (a) and (b), if the Equipment is to be used on any roadway. The general liability policy shall be primary, non-contributory, on an occurrence basis, contain a waiver of subrogation, and name Rentshop and its agents as an additional insured (including an additional insured endorsement). The property policy shall name Rentshop as loss payee. All policies shall provide for Rentshop to receive at least 30 days prior written notice of any cancellation or material change. Any insurance that excludes boom damage or overturns is a breach. Customer shall provide Rentshop with certificates of insurance evidencing the coverages required above prior to any rental and any time upon Rentshop’s request. To the extent Rentshop Entities carry any insurance, Rentshop Entities insurance will be considered excess insurance. The insurance required herein does not relieve Customer of its responsibilities, indemnification, or other obligations provided herein, or for which Customer may be liable by law or otherwise.
10. EQUIPMENT PROTECTION PLAN (DAMAGE WAIVER). Customer’s repair or replacement responsibility in Sections 5 and 6 is modified by the EPP and Rentshop shall limit the amount Rentshop collects from Customer for the Equipment damages or destruction to the following amounts for each piece of Equipment: (a) 100% coverage of the first $500.00 of the repair charges for incidental or accidental damage to Equipment; (b) charges in excess of $50 per tire for tire repairs; and (d) nothing for the rental charges which would otherwise accrue during the period Equipment is being repaired or replaced by Rentshop; provided however, the foregoing EPP liability reduction only applies if the Conditions are satisfied and an Exclusion does not apply. The EPP is NOT INSURANCE and does NOT protect Customer from liability to Rentshop or others arising out of possession, control or use of the Equipment, including injury or damage to persons or property. THE EPP IS A CONTRACUTAL MODIFICATION OF CUSTOMER’S LIABILITY. All of the following “Conditions” must be satisfied for the EPP and the corresponding liability reduction to apply: (i) Customer accepts the EPP in advance of the rental; (ii) Customer pays 10% of the gross rental charges as the fee for the EPP (plus applicable taxes); (iii) Customer fully complies with the terms of this Contract; (iv) Customer’s account is current at the time of the loss, theft, damage or destruction of the Equipment; and (v) none of the Exclusions apply. Customer assumes the Exclusion risks, meaning that if any Exclusion occurs, the EPP does NOT reduce the liability of Customer to Rentshop for the loss, theft, damage or destruction resulting from such Exclusion. “Exclusions” shall mean loss, theft, damage or destruction of the Equipment: (V) due to intentional misuse, including but not limited to, failure of Customer to perform necessary maintenance as outlined in paragraph 5, equipment rollover, electrical overloading, operated above rated capacity or by unqualified personnel or if OEM operating instructions are not followed; (W) caused by loss, damage or failure associated with vandalism, malicious mischief, theft or conversion of the Equipment not reported by Customer to the police within 48 hours of discovery, and substantiated by a written police report (promptly delivered to Rentshop); (X) due to Acts of God, such as floods, wind, storms or earthquakes; (Y) loss, damage or failure of accessories or Equipment for which Customer is not charged the EPP fee; and (Z) failure to properly secure the Equipment or not reasonably restricting access to the Equipment. THE EXCLUSIONS REMAIN THE LIABILITY OF CUSTOMER AND ARE NOT MODIFIED BY THE EPP. Notwithstanding anything to the contrary in this Contract, if Lost Equipment is later recovered, Rentshop retains ownership of the Equipment regardless of any payments made by Customer or Customer’s insurance company with respect to such Equipment, all of which payments are non-refundable. Customer agrees to promptly return any Equipment that is recovered. Rentshop shall be subrogated to Customer’s rights to recover against any person or entity relating to any loss, theft, damage or destruction to the Equipment. Customer shall cooperate with, assign Rentshop all claims, and proceeds arising from such loss, theft, damage or destruction, execute and deliver to Rentshop whatever documents are required and take all other necessary steps to secure in Rentshop such rights, at Customer’s expense.
11. RENTAL RATES. The total charges specified in this Contract are: (a) estimated based upon Customer’s representation of the estimated Rental Period identified on the front side hereof (rental rates beyond the estimated Rental Period may change) and other information conveyed by Customer to Rentshop; and (b) for the Equipment’s use for One Shift unless otherwise noted. Weekly and 4-week rental rates shall not be prorated. Rental charges accrue during Saturdays, Sundays and holidays. The rental rates do not include and Customer is responsible for, in addition to all rental rates and other charges shown in this Contract (i) all consumables, fees, licences, present and future taxes, (including GST, HST and provincial sales taxes and levies), and any other governmental charges based on Customer’s possession and/or use of the Equipment, including additional fees for more than One Shift use; (ii) delivery and pickup charges to and from the Store, including but not limited to any freight, transportation, delivery, pickup and surcharge fees listed in this Contract; (iii) maintenance, repairs and replacements to the Equipment as provided herein; (iv) a cleaning fee if required; (v) miscellaneous charges, such as fees for lost keys; (vi) fuel used during the Rental Period and for refueling Equipment as described below; (vii) fines for use of dyed diesel fuel in on-road Equipment; and (viii) an Environmental Fee (described on our website). The convenience charge for off road diesel fuel does not include governmental motor fuel taxes or charges. Rentshop collects these fees as revenue and uses them at its discretion.
12. PAYMENT. Customer shall pay amounts due, without any offsets, in full at the time of rental, unless Rentshop approves Customer’s executed credit application (credit customers must pay upon receipt of Rentshop’s invoice). Customer must notify Rentshop in writing of any disputed amounts, including credit card charges, within 15 days after the receipt of the invoice/contract or Customer shall be deemed to have irrevocably waived its right to dispute such amounts. At Rentshop’s discretion, any credit account with a delinquent balance may be placed on a cash basis, deposits may be required, and the Equipment may be picked up without notice. Late payments bear interest at the rate of 24% per annum from the date each such payment was due, both before and after judgment, until paid in full. There is a fee of $75 for each cheque returned for lack of sufficient funds to compensate Rentshop for its overhead for processing missed payment. Deposits will only be returned after all amounts are paid in full. Customer agrees that if a credit card is presented to pay for charges or to guarantee payment, Customer authorizes Rentshop to charge the credit card all amounts shown on this Contract and charges subsequently incurred by Customer, including but not limited to, loss of or damage to the Equipment and extension of the Rental Period.
13. RETURN OF EQUIPMENT. Rentshop may terminate this Contract at any time, for any reason. At the end of the Rental Period, the Equipment shall be returned to Rentshop in the same condition it was received, less Ordinary Wear and Tear and free of any hazardous materials and contaminants. Customer will continue to be responsible for rental and other charges after the Rental Period if the Equipment is not returned in the condition required herein. If Rentshop delivered the Equipment to Customer, Customer shall notify Rentshop that the Equipment is ready to be picked up at the Site Address and obtain a Off-Rent Number, which Off-Rent Number Customer should keep as proof of the call; provided Customer remains liable for any loss, theft, damage to or destruction of the Equipment until Rentshop confirms that the Equipment is returned in the condition required herein. Customer will not be charged the rental charges after the date the Off-Rent Number is given, provided Customer has otherwise complied with this Contract. No pickups occur on Sundays or statutory holidays and Saturday pickups are dependent on specific Store hours. If Customer picked up Equipment, Customer shall return Equipment during normal business hours. If the Equipment is not returned by the estimated end of the Rental Period specified on the front side hereof, Customer agrees to pay the applicable rental rate for the Equipment until the end of the Rental Period. Failure to return Equipment on the expiration of the Rental Period, without written authorization of extension will, in certain circumstances be considered a theft resulting in a criminal prosecution.
14. PURCHASES: If this Contract identifies any Equipment, materials or other items that is to be purchased by Customer, Rentshop sells and delivers such items to Customer on an “AS IS, WHERE IS” basis, with all faults and without any warranties (other than manufacturer warranties, if any) in consideration for Customer’s payment to Rentshop of the full purchase price of such item, Rentshop retains title to such item until Customer has paid in full.
15. DEFAULT. Customer shall be in default if Rentshop deems itself insecure or if Customer: (a) fails to pay sums when due; (b) breaches any Section of this Contract; (c) becomes a debtor in a bankruptcy proceeding, goes into receivership, takes protection from its creditors under any insolvency legislation, ceases to carry on business, or has its assets seized by any creditor; (d) fails to insure the Equipment as required, or otherwise places the Equipment at risk; (e) fails to return Equipment immediately upon Rentshop’s demand; or (f) is in default under any other contract with Rentshop. If a Customer default occurs, Rentshop shall have, in addition to all rights and remedies at law or in equity, the right to repossess the Equipment without judicial process or prior notice. Customer shall pay all of Rentshop’s costs, including reasonable costs of collection, court costs, attorney and legal fees, incurred in exercising any of its rights or remedies herein. The use of false identification to obtain Equipment or the failure to return Equipment by the end of the Rental Period may be considered theft, subject to criminal prosecution and civil liability where permitted, pursuant to applicable laws. Rentshop shall not be liable due to seizure of Equipment by order of governmental authority. CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST RENTSHOP ENTITIES FOR SUCH REPOSSESSION.
16. FUEL. For Equipment that uses fuel, Customer has two options: (a) Pay on Return Option - if Customer returns Equipment with less fuel than when received, Customer shall pay a refueling charge (calculated by multiplying units required to refill tank with fuel to level when received, by the Pay on Return per unit rate); and (b) Return Full Option - if Customer returns the Equipment with at least as much fuel as when it was received (most Rentshop Equipment comes with a full tank of fuel, but not all), no fuel charge will be assessed. The cost of Customer refueling Equipment itself will generally be lower than the Pay on Return Option; however, this option allows for the convenience of not refueling.
17. LIMITATION OF RENTSHOP’S LIABILITY. IN CONSIDERATION OF THE RENTAL OF EQUIPMENT, CUSTOMER AGREES THAT RENTSHOP’S LIABILITY UNDER THIS CONTRACT, INCLUDING ANY LIABILITY ARISING FROM RENTSHOP’S, RENTSHOP ENTITIES’ OR ANY THIRD PARTY’S COMPARATIVE, CONCURRENT, CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY STRICT OR ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER THIS CONTRACT.
18. MISCELLANEOUS. This Contract, together with any Customer executed credit application, constitutes the entire agreement of the parties regarding the Equipment and may not be modified except by written amendment signed by the parties. Customer’s obligations hereunder shall survive the termination of this Contract. This Contract and all of Customer’s rights in and to the Equipment are subordinate to all rights, title and interest of all persons (including Rentshop’s lenders) who have rights in the Equipment. Headings are for convenience only. To the extent that any terms in this Contract conflict, the parties agree that the more specific terms control. A copy of this Contract shall be valid as the original. Any failure by Rentshop to insist upon strict performance of any Section of this Contract shall not be construed as a waiver of the right to demand strict performance in the future. Customer and the person signing this Contract represent that: (a) they both have full authority to execute, deliver and perform this Contract and (b) this Contract constitutes a legal, valid and binding obligation of Customer, enforceable in accordance with its terms. The undersigned declare that it is their express wish that this document and all related documents be drawn up in English. Les soussignées déclarent que le présent document ainsi que tous les documents qui s'y rattachent, sont rédigés en anglais selon leur volonté expresse.