Rental Agreement

  1. The Customer acknowledges receipt of all the equipment described on the Rental Packing Slip (the “Equipment”) in good and proper working order. Customer responsibility for the Equipment starts at the time of delivery and/or pick-up of the Equipment. The Customer acknowledges that these terms and conditions apply to all subsequent rentals of Equipment by the Customer. The rental term concludes when the Equipment has been returned to or received by Bartle & Gibson Co. Ltd. Bartle & Gibson Co. Ltd. has no obligation to pick up the Equipment from the Customer. Title to the Equipment during the rental term shall remain with Bartle & Gibson Co. Ltd. The Equipment will remain located at the job site specified on the front page of this Agreement and may not be moved without the prior written consent of Bartle & Gibson Co. Ltd., except to fulfill the Customer’s obligation to return the Equipment to Bartle & Gibson Co. Ltd.
  2. THE RENTAL RATES ARE CHARGED OUT IN DAILY, WEEKLY, AND MONTHLY INCREMENTS. THESE ARE DEFINED AS: 1 DAY (24 HOURS, 10 HOURS OPERATION); 1 WEEK (7 DAYS, 50 HOURS OPERATION); 1 MONTH (4 WEEKS, 200 HOURS OPERATION). The Customer may use the Equipment for 10 hours over a 1-day term, 50 hours over a 1-week term, and 200 hours over a 1-month term.
  3. THE CUSTOMER AGREES TO MAKE ALL PAYMENTS IN FULL WITHIN 30 DAYS OF THE DATE OF INVOICE. Overdue accounts will bear interest at 2% per month (26.82% per annum) or the maximum rate permitted by law, whichever is less.
  4. The Customer shall inspect the Equipment before each use and shall notify Bartle & Gibson Co. Ltd. immediately of any safety concern or defect. The Customer will use the Equipment in a proper, careful and prudent manner and only for the specific application for which the Equipment was manufactured. The Customer shall ensure that any person operating the Equipment has read and understands the operator’s manual, has been properly trained on the safe and lawful operation of the Equipment, and shall comply with all applicable laws.
  5. THE CUSTOMER SHALL NOT ALTER, DISMANTLE OR SERVICE THE EQUIPMENT. The Customer will return the Equipment clean and in good working order and condition, subject only to reasonable wear and tear. Cleaning and service performed by Bartle & Gibson Co. Ltd. as a result of the Customer’s failure to return the Equipment clean and in good working order will be charged to the Customer at Bartle & Gibson Co. Ltd.’s standard rates.
  6. THE CUSTOMER IS RESPONSIBLE FOR ANY COSTS AND EXPENSES, WHETHER DIRECT OR INCIDENTAL, RELATING TO THE USE, OPERATION, TRANSPORTATION OR STORAGE OF THE EQUIPMENT DURING THE RENTAL TERM. The Customer will notify Bartle & Gibson Co. Ltd. promptly of the details of any damage affecting the Customer or Equipment, or of any loss or damage to the Equipment. SHOULD THE EQUIPMENT BECOME LOST, STOLEN, DESTROYED, OR DAMAGED BEYOND REPAIR, THE CUSTOMER WILL PROMPTLY PAY TO BARTLE & GIBSON CO. LTD. THE FULL REPLACEMENT VALUE OF THE EQUIPMENT. The Customer will, at the Customer’s sole cost and expense, repair and maintain the Equipment in clean and good working order and repair. The Customer also agrees to pay Bartle & Gibson Co. Ltd. for the rental balance owing under this Agreement and to reimburse Bartle & Gibson Co. Ltd. for any loss of use of the Equipment if not replaced at the end of the rental term.
  7. THE CUSTOMER WILL INSURE THE EQUIPMENT FOR ITS FULL REPLACEMENT VALUE WITH THE LOSS PAYABLE TO BARTLE & GIBSON CO. LTD. AND THE CUSTOMER AS THEIR RESPECTIVE INTERESTS MAY APPEAR.
  8. THE CUSTOMER AGREES TO OBTAIN AND MAINTAIN AT ITS OWN EXPENSE, AT ALL TIMES DURING THE RENTAL TERM, THE FOLLOWING COVERAGE:
    1. All Risk, property coverage to the full replacement cost of all Equipment leased or rented. Bartle & Gibson Co. Ltd. is to be named as First Loss Payable with respect to this coverage.
    2. Commercial General Liability, including coverage for Products and Completed Operations. The insurance shall be written on an occurrence basis with a combined single limit, without limitation, with a minimum limit of $2,000,000 per occurrence and in the aggregate. With respect to liability assumed under this Agreement, the minimum limit shall be $2,000,000 per accident combined single limit (“CSL”) per occurrence for bodily injury and property damage.
    Property Damage. Customer is solely responsible for any deductibles payable on the policy. This policy must name Bartle & Gibson Co. Ltd. as an Additional Insured regarding the use, operation, transportation and storage of the Equipment with 30 days’ notice of cancellation. Waiver of subrogation must be granted in favor of Bartle & Gibson Co. Ltd. Certificate of Insurance is to be provided to Bartle & Gibson Co. Ltd. upon request.
  1. UNDER NO CIRCUMSTANCES IS BARTLE & GIBSON CO. LTD. LIABLE TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS OR BUSINESS INTERRUPTION, LOSS OF PROFITS OR EARNINGS AND ALL OTHER COMMERCIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE EQUIPMENT. The Customer shall indemnify and hold Bartle & Gibson Co. Ltd., its directors, officers, employees, agents and affiliates harmless from and against any liabilities, claims, suits, losses, damages, penalties and expenses (including legal costs on a solicitor and client basis), for or in connection with any injury, death, or damage to property, however caused, including, without limitation, arising from or related to the negligence or other fault of any of the foregoing, that the Customer may incur, with respect to or arising out of this Agreement.
  2. The happening of the following events shall constitute a default under this Agreement: (i) failure to pay any sums when due; (ii) the Customer becomes insolvent or bankrupt or makes an assignment for the benefit of creditors; (iii) any proceeding in bankruptcy, receivership or insolvency is commenced by or against the Customer; (iv) the Customer fails to perform any other term, covenant or condition of this Agreement; or (v) the Customer is in default under any other agreement with Bartle & Gibson Co. Ltd. Upon an event of default, Bartle & Gibson Co. Ltd. may, without notice, terminate this Agreement and take possession of the Equipment and, at its option, declare the balance of all unpaid rentals and other amounts due and to become due hereunder to be immediately due and payable.
  3. The Customer agrees to pay all costs and expenses (including legal costs on a solicitor and client basis) that Bartle & Gibson Co. Ltd. may incur with respect to any breach of this Agreement or for the purpose of enforcing the rights and remedies under this Agreement. The Customer waives all rights of exemption or redemption with respect to the Equipment wherever situated. Time is of the essence of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the province or territory in which the Customer has executed this Agreement and the federal laws of Canada applicable therein. If any provision of this Agreement is illegal, invalid or unenforceable, it shall be deemed separate and shall not affect the remaining provisions. Any waiver by Bartle & Gibson Co. Ltd. of any default by the Customer shall not be a waiver of any subsequent default and shall not be a waiver of the enforcement of such provision.
  4. Except for any Credit Application executed by the Customer to Bartle & Gibson Co. Ltd., this Agreement (including any schedule or amendment) is the entire agreement of the parties relating to the Equipment, and may not be amended or modified except by written consent executed by the parties. No provision of this Agreement shall be deemed waived by any failure of enforcement unless such waiver is in writing and signed by all parties, specifically stating that it is intended to modify this Agreement.
Bartle & Gibson Co. Ltd.   13475 Fort Road   Edmonton, AB T5A 1C6