Equipment Rental Terms
Canada Welding Supply
Equipment Rental Agreement
GENERAL CONDITIONS OF RENTAL
Between Canada Welding Supply Inc..
(referred to hereinafter as the "Lessor") and
(referred to hereinafter as the "Renter")
These terms and conditions apply to the exclusion of any terms and condition. These terms and conditions apply to all goods rented by the Customer from Canada Welding Supply Inc.
2.1 The rental agreement shall commence as of the date on which the Contract Goods are delivered into the charge of the Renter or of a freight haulier at the Lessor's place of business. Unless otherwise agreed, it is concluded for an indefinite period of time.
2.2 Any interruptions to the rental must be brought to the Lessor's attention immediately, and shall only be valid if expressly acknowledged by the Lessor. If the Renter fails to notify the Lessor of such interruptions, it will no longer be possible for any account to be taken of them when the Contract Goods are returned.
- Customer Obligations for goods:
3.1 At the end of the rental period, the Renter shall return the Contract Goods - in their original condition (with the exception of wearing parts) -to the Lessors place of business, during the Lessor's normal business hours. 3.2 If the Lessor wishes to have the Contract Goods returned to a different location, it must advise the Renter hereof in good time. In this case, the Renter shall not have to bear any costs over and above those for returning the Contract Goods to the place of business of the Lessor. 3.3 After restoring the rental goods, an examination shall take place by the Lessor, whereas the expenses will have to be paid by the Renter in form of an examination lump sum. 3.4 The Lessor shall be deemed to have acknowledged that the Contract Goods have been duly returned to it if the Lessor does not give the Renter written notice of any defects within a maximum of 15 calendar days of the date on which the Contract Goods were returned. Such written notice of defects shall be deemed to have been made in sufficient time if it has been mailed before the end of the 15-day period (as evidenced by the postmark).
- Delivery of goods:
It is not possible for the Renter to later purchase the rented Contract Goods outright. The Contract Goods shall remain the property of the Lessor.
- Return of goods:
5.1 The periodic rental charge (per calendar day) is to be taken from the valid price list respectively. 5.2 Unless otherwise agreed, the rental charge is to be invoiced every 14 days in advance. 5.3 Provided no other agreement is reached with the Renter, the following payment conditions shall apply: The rental charge shall fall due for payment on the fifth day following receipt of the invoice and - like all other payments - is to be remitted to the Lessor's bank account free and clear of any deductions. 5.4 If the Renter is more than seven calendar days in arrears with the payment of an amount that is due, then the Lessor shall be entitled to collect the Contract Goods, at the Renter's expense, and to dispose of these itself. the Renter shall be obliged to allow access to the Contract Goods. Collection of the Contract Goods shall be Tantamount to summary termination of the Agreement. 5.5 All payments stipulated in this Agreement are quoted net, without tax.
- Risk in the goods:
6.1 The Lessor shall put the Contract Goods into service at the Renter's cost and expense, charging its currently applicable hourly rates. 6.2 Preparatory work carried out prior to putting the unit into service, or otherwise before the start of the rental period (configuration of the Contract Goods) is to be performed by the Lessor without charge.
- Ownership & insurance goods:
7.1 The rental charge does not include loading and freight costs. The freight and haulage costs from the point of dispatch or collection of the Contract Goods, as well as those for return delivery, are to be borne by the Renter. The duly documented amount of any freight and haulage costs incurred by the Lessor is to be charged to the Renter. 7.2 The Contract Goods are to be handed over by the Lessor to the Renter or freight haulier in packed condition, in accordance with the applicable national goods transportation regulations. The Renter will be charged for any packaging found to be missing or damaged when the Contract Goods are returned.
- Warranty for goods:
8.1 The renter is obliged to observe the "Operating Instructions" manual. It shall treat the Contract Goods with the greatest possible care and attention. If any damage occurs to the Contract Goods, the Renter must notify the Lessor hereof immediately. Any necessary repairs may only be carried out by the Lessor, or by a company engaged by the Lessor. The costs of repairs are to be borne by the Renter, as far as the Renter is indebted. Damages which have not been caused by the Renter, will be repaired at the expense of the Lessor, whereas at a distance of more than 200 km from the Lessor the travel expenses will be calculated according to the pricelist. 8.2 The Renter is not entitled to effect any alterations to the Contract Goods or to remove any labelling etc. affixed thereto by the Lessor. 8.3 The Renter may not grant any third party any rights (e.g. rental or loan) in the Contract Goods, nor may it assign any of its rights under this Agreement. 8.4 In the event that any third party asserts rights in the Contract Goods by way of seizure, distraint or the like, the Renter shall be obliged to inform the Lessor hereof immediately, in writing.
- Fees and Payment:
9.1 If the Contract Goods are returned in a condition which makes it apparent that the Renter has not fulfilled its obligations under Point 8 hereof, then - for as long as it takes to carry out the repairs so necessitated - the Renter shall be treated as if it had held onto the Contract Goods after the end of the rental period. 9.2 If the Contract Goods are not returned at the time agreed and this delay is due to circumstances for which the Renter is responsible, the Lessor may require the Renter to pay compensation for the damage caused by this delay
- Limitation of Liability:
10.1 The Lessor has the right to view the Contract Goods, or to have them viewed by a representative, at any time. The Renter is obliged to facilitate such inspection by the Lessor in every way possible. The inspection costs are to be borne by the Lessor. 10.2 In the event of disagreement between the Lessor and the Renter regarding the condition of the Contract Goods, these are to be inspected by an expert if either Party so requests. Should the Parties not be able to agree on this point either, the expert is to be appointed by the President of the Chamber of Commerce of the district in which the Contract Goods are located. The appointed is to determine the extent of the defects and damage, the probable costs of remedying the same, and the length of time required in order to carry out the work, recording the above conclusions in an expertise. This expertise shall be binding upon both Parties. The expert shall also rule in which of the Parties is to bear the cost of the expertise. 10.3 the fees charged for officially stipulated inspections of the Contract Goods are to be borne by the Lessor.
11.1 The risks of loss or theft, reparable and irreparable damage and premature wear-and-tear of the Contract Goods are to be borne by the Renter, even if the Renter is not at fault. Risk shall be borne by the Renter from the moment when the Contract Goods are delivered into the charge of the Renter or freight haulier, until the moment when they are returned to the Lessor. 11.2 The Renter undertakes to take out an insurance policy on the Contract Goods in favour of the Lessor for the duration of the rental period, at the Renter's own cost and expense, covering the replacement value and all incidental costs.
- Term and Termination:
12.1 Unless a fixed contract duration has been agreed, the rental shall be deemed to end when the Renter returns the Contract Goods to the Lessor. 12.2 The Lessor may terminate the rental any day, at 24 hours' notice. 12.3 The rental may be terminated by the Lessor without notice in the following cases: a. if the Renter uses the Contract Goods, or a part of them, contrary to the terms of the Agreement without the consent of the Lessor. b. if, in contravention of Point 8.3. hereof, the Renter grants a third party rights to the Contract Goods, or assigns rights under this Agreement to any such third party. c. if an expert inspection ascertains that the Contract Goods are at grave risk from continued neglect of the duties of care incumbent upon the Renter. d. if the Renter is more than 7 days in arrears with its payments of the rental charges.
- Force Majeure:
13.1 Where the rental agreement was concluded for a definite period of time, it may only be extended with the consent of the Lessor. The Renter must obtain such consent three working days in advance. 13.2 If the period of time by which an agreement is to be extended as per 13.1 above is not specified, then the Agreement shall be deemed to have been prolonged indefinitely.
Parol sub-agreements, provisos or other conditions shall not be valid. Any amendments and additions to these General Conditions of Rental, and all authoritative statements made in this regard, shall not be valid unless made in writing.
If any provision(s) of these General Conditions of Rental should be - or become - inoperative, this shall not invalidate the Conditions of Rental in their entirety. All other provisions shall remain in full force and effect. Any such inoperative provision is to be replaced with a valid and legally admissible provision which approximates as closely as possible to the intention and purpose of the original, inoperative provision.
- Dispute Resolution:
16.1 The place of performance shall be the Lessor's respective place of business. 16.2 The place of jurisdiction shall be the competent court at the Lessor's place of business having jurisdiction in rem