GANDER RENTALS DIVISION – GENERAL CONDITIONS & CONTRACT
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Terms of Agreement: The Lessee and Lessor acknowledge and agree that the terms and conditions herein and on the rental invoice shall form the contract between Lessee and Lessor, herein referred to as “The Agreement”, except where mutually and expressly agreed in writing.
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Rental Period: The Agreement commences from the time the listed equipment is picked up by and/or ordered for delivery to the Lessee. The rental agreement concludes when listed equipment is received by the Lessor, returned by the Lessee to the business address or picked up by Lessor as agreed.
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Rental Rate: The amount charged to Lessee is determined by the rate corresponding with elapsed time period. indicated on the contract and/or as specified by Lessor in the Agreement.
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Usage time is as specified: 1 Day = 24 hours (10 hours operation). 1 Weekend = 48 hours (20 hours operation), 1 Week = 7 days (50 hours operation). 1 Month = 28 days (150 hours operation).
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Late Return charges and/or Excess Usage Hours apply to equipment not returned within the agreed period and/or for excess hours of operation as specified by the Lessor, and calculated as follows:
a. Late Return: Rented unit(s) must be returned by 8 AM on the booked return date. Late returns result in an extra charge, as follows:
1-4 hours late = 50% of applicable daily rental rate
4-8 hours late = 100% of applicable daily rental rate
1+ days late = 150% of applicable daily rental rate
b. Excess Usage Hours: Applicable daily rental rate / 10 hours X excess usage hours X 150%
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Payment:
- Rental Contract: The Lessee agrees to make all payments, including payment for damages to equipment, dues and fees, at the beginning of the rental period.
- Excess Charges: Any applicable excess charges shall be immediately paid to the Lessor in full at the earlier of
(1) as any extra charges are incurred, i.e., including but not limited to damages, repairs, service visits to conduct repairs/training/etc., etc., and/or (2) at the end of the rental contract and/or according to the terms indicated. Should the Lessee fail to pay in full for such excess charges as noted above, the Lessor may exercise their option to terminate this lease, re-take possession of the equipment and recover all rentals without being liable for trespass upon giving the Lessee prior notification of the action. Overdue charges are subject to a 4% monthly rate or 48% per annum. The Lessor reserves the right to cancel or terminate contracts and repossess equipment as deemed necessary at any time during the contract.
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Liability: The Lessee agrees to accept full responsibility for all equipment listed on “The Agreement” upon receipt. The Lessee agrees that the use of rented equipment shall be expressly at their own risk, and that the Lessee shall be liable for damages, including but not limited to consequential damages and third-party claims, to person (including death) and/or property from direct and/or indirect use of equipment. The Lessee shall at all times operate equipment in a safe manner, ensure the equipment is in proper working condition, and ensure the safety of themselves and all others. Equipment is rented by the Lessee for their own use and will not be lent, sublet, mortgaged or in any manner disposed.
The Lessee shall secure and maintain adequate physical damage insurance, including fire, theft and vandalism coverage, on all rented equipment for the full duration of “The Agreement”. The Lessee is responsible for all liability, required permits, licenses, training and certifications required for use of listed equipment and accepts full responsibility thereof. Title of listed equipment shall remain at all times in the name of the Lessor.
a. Insurance Coverage: Insurance coverage beforementioned is required. The Lessee may source and secure adequate coverage from a third-party insurance company. Alternatively, the Lessee may opt to choose NL Kubota Limited’s limited Physical Damage Insurance coverage, herein referred to as “NLK Insurance”, subject to a $1000 Deductible. Liability coverage is expressly excluded from “NLK Insurance” and is the sole responsibility of the Lessee. NLK Insurance will be charged at a rate of 10% of the rental amount, i.e., total rental amount $1500+HST x 10% = $150+HST for “NLK Insurance”.
b. Inspection: The Lessee is responsible to order and conduct inspection of all equipment and/or attachments before commencement or the rental agreement and before each use. If the Lessee does not conduct proper inspection, they conclusively accept that equipment is in good repair.
c. Damage: All equipment shall be returned to the Lessor in the same repair as it was rented, with a provision for “ordinary” deterioration as determined by the Lessor. The Lessee agrees to immediately report any damage, defects, or concerns to the Lessor whether found during inspection or during operation. The Lessee agrees to pay the Lessor the total cost (parts, labour, transportation) of repairs to return the equipment back to the same condition as it was originally received by Lessee.
d. Safety and Training: The Lessee agrees to review the equipment, become familiar with its safe operating instructions, and ensure that ALL users are properly trained and/or have adequate experience/licensing to competently and safely operate the rented equipment according to the manufacturer’s instructions in accordance with the owner’s manual. The Lessee is responsible to obtain the owner’s manual for equipment and and seek proper training as required.
e. Operation, Maintenance and Service: At the Lessee’s expense, the Lessee agrees to perform equipment inspections, scheduled adjustments and recommended daily maintenance items such as proper greasing, track tensioning, oil checks, etc., as outlined in the operator’s manual, prior to each use, to ensure safe operation. The Lessee will not hold the Lessor liable for costs, fees or penalties occurred during downtime.
f. Transportation: The Lessee agrees to hold adequate insurance required to comprehensively cover all risks and liabilities associated with towing a trailer operated by the Lessee. The Lessee agrees to inspect and assume responsibility for all connections between the trailers and tow vehicle before operation. Lessee is responsible to ensure all lighting, tires, brakes, park brakes and working functions are adequate prior to each use. Cargo securement is the sole responsibility of the Lessee.
I, the Customer / Lessee have read, understand and agree to the term and conditions as outlined in the “Conditions of Rental Agreement”.