Terms and Conditions of Rental Agreement Tools & Equipment

1.GENERAL RESPONSIBILITIES

This Rental Agreement (‘Agreement) is between Tool’s Rental Master Inc (“The Tool’s Rental Master) and the Customer identified on page 1 of this Agreement (“Customer” or “You”) The Tool’s Rental Master will provide You the tool(s) identified on page 1 of this Agreement (the “Equipment”) as is and in good working condition for the time (“Rented Period”) and rental subtotal price Identified on page 1 of this Agreement (“Rental Price”). You agree to return the Equipment prior to the expiration of the Rented Period, or to pay the additional rental fees described in Section 9 of this Agreement.

2.PHYSICAL CONDITIONS OF RENTAL EQUIPMENT

You acknowledge that, prior to taking the Equipment, you examined it and saw It In operation (if appropriate) You acknowledge that the Equipment Is in good working condition except for any defect noted in this Agreement It is your responsibility to return the rented Equipment to The Tool’s Rental Master In the same working condition.

3.TITLE

You agree that The Tool’s Rental Master shall retain all right to ownership and title to the Equipment. You also agree that no ownership or title to the Equipment is transferred to You under this agreement, and You will do no act nor permit anyone else to do any act inconsistent with The Tool’s Rental Master’s ownership and title in the Equipment

4.USE OF THE EQUIPMENT

(a)   You agree that You are satisfied with the instructions given by The Tool’s Rental Master as to the proper and safe manner of using the Equipment or that You told The Tool’s Rental Master that You are familiar with the proper and safe manner of using the Equipment. You further agree: (I) that the Equipment will b. used at the designated address and only for the purpose for which the 1 equipment was manufactured and intended, (ii) to not sublease the Equipment, (III) that You will keep the Equipment free and clear of all Hens, charges and encumbrances; (iv) to use the Equipment only for its customary purpose and immediately discontinue use of the Equipment if it becomes unsafe and/or In a state of disrepair; (v) to use the Equipment In compliance with all applicable laws and regulations; (vi) to return the Equipment to The Tool’s Rental Master in as good order and condition as when received, (vii) that, as indicated on page 1 of this Agreement You have taken and read all manuals, written operating instructions, and warnings as supplied for the Equipment or that You are already familiar with these instructions and consequently declined, as indicated on this Agreement, to take these manuals and instructions.

(b)   You further agree that You shall not: (i) alter or cover up any decal or insignia on the Equipment or remove any operational or safety instruction; (ii) use the Equipment in a negligent, illegal, unauthorized or abusive manner, or in any publication (print, audiovisual or electronic); or (iii) remove or utilize the Equipment outside of PEI.

5.RELEASE, INDEMNIFICATION AND WAIVER OF DAMAGES; RESPONSIBILITY FOR USE; NO WARRANTIES

You are responsible for the use of the Equipment TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, WAIVES AND HOLDS THE TOOL’S RENTAL MASTER HARMLESS FROM AND AGAINST ALL CLAIMS LOSSES, EXPENSES (INCLUDING LEGAL FEES AND EXPENSES), LIABILITIES AND DAMAGES (INCLUDING PERSONAL INJURY DEATH, PROPERTY DAMAGE, LOST PROFITS, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS OPERATION OR USE, OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF THE TOOL’S RENTAL MASTER’S OBLIGATIONS HEREIN. CUSTOMER’S INDEMNITY OBLIGATION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.

The Tool’s Rental Master does not design or manufacture the Equipment and is not the agent of the manufacturer or any other supplier of the Equipment.

YOU AGREE THAT NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE HAVE BEEN MADE BY THE TOOL’S RENTAL MASTER IN CONNECTION WITH RESPECT TO THE EQUIPMENT RENTED IN NO EVENT SHALL THE TOOL’S RENTAL MASTER BE LIABLE FOR SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT.

IF ANY PART OF THIS SECT.ON IS DETERMINED INVALID 3Y A COURT OF COMPETED JURISDICTION, CUSTOMER AGREES THAT THIS CLAUSE SHALL BE ENFORCEABLE TO THE FULLEST EXT ENT PERMITTED

BY LAW.

TO THE EXTENT THAT YOUR JURISDICTION OF RESIDENCE DOES NOT ALLOW (I) THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE EXCLUSION OR LIM’TATION OF LIABILITY FOR BODILY INJURY (INCLUDING PERSONAL INJURY AND DEATH); OR (III) THE EXCLUSION OR LIMITATION OF DAMAGES CAUSED DIRECTLY BY A GROSS OR INTENTIONAL FAULT, SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.

6.RESPONSIBILITY FOR EQUIPMENT

You are responsible for the Equipment from the time it is rented by You until it is returned. Your responsibility includes, but is not limited to, ensuring the proper oil levels are maintained and proper fuel or fuel/oil mix is used, if applicable If the Equipment is lost, stolen, or damaged under any circumstances while rented, regardless of fault. You shall be responsible for all charges to replace or repair the Equipment including any labor costs. If the Equipment is not returned clean, a minimum cleaning charge of $25.00 will apply.

7.LOADING AND UNLOADING OF EQUIPMENT

In the event that The Tool’s Rental Masters employees assist in loading or unloading of the Equipment, you assume the risk of, and hold The Tool’s Rental Master harmless from any property damage or personal injuries in connection with loading and/or unloading the Equipment.

8.EQUIPMENT FAILURE AND REPAIR

You agree to immediately discontinue the use of the Equipment should it become unsafe or in any state of disrepair, and You agree to notify The Tool’s Rental Master of the facts surrounding such recurrences The Tool’s Rental Master may, in its sole discretion, make the Equipment operable within a reasonable time, or provide You with a similar piece of equipment, if available, or adjust the rental charges. This provision does not relieve You from the obligation imposed by other sections of this agreement in all events, The Tool’s Rental Master shall not be responsible for any injury or damage, including consequential damage, resulting from the failure or defect of any rental Equipment.

9.RENTAL CHARGES; RETURN OF THE EQUIPMENT

(a) The Equipment is rented to You subject to this Agreement for the Rental Price and for the Rented Period printer) on page 1 of this Agreement. If the Equipment is rented to You on a monthly basis, a month is defined as being equal to (28) days. If You woold like to extend the term of this rental beyond the time and date specified on the agreement under Date and Time Due In on page 1 of this Agreement, you must immediately notify The Tool’s Rental Master to obtain approval to extend this Agreement and the terms for such an extension.

(b)   If this Agreement has not been extended and You fail to return the Equipment when due, or You default on your obligations hereunder, You will incur and be charged an additional rental fee in the amount identified on page 1 of this Agreement on a weekly, recurring basis beginning on the 7th day following the end of the Rented Period (“Additional Rental Fees”) until either (i) the Equipment is returned, or (ii) or the maximum rental charge identified on page 1 of this Agreement at the time of rental has been recovered. In the event that there are 4 consecutive weekly unsuccessful charges of the Additional Rental Fees made to your credit card, The Tool’s Rental Master may take such steps as permitted by law to repossess the Equipment and/or be reimbursed the reasonable value of the of the Equipment based on the condition of the Equipment at the beginning of the Rented Period. In such event, you shall reimburse The Tool’s Rental Master for all costs incurred, including without limitation, reasonable legal fees. YOU EXPRESSLY AGREE AND HEREBY AUTHORIZE THE TOOL’S RENTAL MASTER TO CHARGE TO YOUR CREDIT CARD ALL AMOUNTS SHOWN ON PAGE 1 OF THE AGREEMENT, AND ALL CHARGES SUBSEQUENTLY INCURRED BY YOU UNDER OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO THE EQUIPMENT, EXTENSION OF THE rented period, repair costs, and any charges incurred for failure to timely return the EQUIPMENT, INCLUDING ANY ADDITIONAL REN FAI FEES AND/OR EQUIPMENT REPLACEMENT FEES. To the extent permitted by law, you agree that an additional service charge of the lesser of (I) 1.5% per month (18% per annum), and (II) the maximum rate permitted by law, shall be assessed on all delinquent accounts, until paid in full. You are prohibited from using any Tool’s Rental Master credit line to pay for delinquent or past due accounts. You will not be permitted to rent any other equipment until your account is paid in full. If your payment towards the account is returned, denied, or otherwise unable to be processed, the balance due may be sent to a 3rd party collection agency. YOU HEREBY AGREE THAT YOU ARE NOT ENTITLED TO NOTICE OF DEFAULT OR NOTICE OF ANY ACTION OF ENFORCEMENT BY THE TOOL’S RENTAL MASTER OTHER THAN WHAT IS EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT Should the Tool’s Rental Master fail to meet any of its obligations under this Agreement, your only remedy is repair or replacement of deficient Equipment or to receive, at The Tool’s Rental Masters option, a rental charge adjustment.

(c)   Notwithstanding any repossession of the Equipment by The Tool’s Rental Master and/or payment of the reasonable value of the Equipment as described above, you shall remain responsible for amounts due and unpaid by You to The Tool’s Rental Master under this Agreement, including any amount incurred by The Tool’s Rental Master as a result of, or in connection with, the repossession of the Equipment as provided for in this clause. You acknowledge The Tool’s Rental Master is entitled to take any or all of the action specified in clauses 9(a) and 9(b).

10.EVENTS OF DEFAULT

You acknowledge that You will be deemed to be in default under this Agreement if (i) You breach any term or provision of this Agreement, (II) You permit a judgment against You to remain unpaid for a period of ten (10) days after the date of judgment, or (iii) any proceedings in bankruptcy, receivership or insolvency or for your reorganization or liquidation are commenced against You or, your property.

11.EFFECT OF DEFAULT

You agree if any of the above events of default occurs, all rent and other charges then and thereafter payable by You to The Tool’s Rental Master under this Agreement shall immediately accelerate and become due and payable to The Tool’s Rental Master without notice or demand to You. You shall immediately and at your sole expense return the Equipment to The Tool’s Rental Master as provided herein the Tool’s Rental Master may take steps to secure return of the Equipment and/or the reasonable value of the Equipment as provided in Clause 8 of this agreement. You acknowledge that no waiver by or on behalf of The Tool’s Rental Master of any breach or default by You under this agreement shall be deemed a waiver of any future breach or default No delay in exercising its rights shall constitute a waiver of any right or prejudice The Tool’s Rental Master’s exercise of any remedies in respect of any existing or future default.

12.COLLECTION COSTS

You agree to pay legal fees, collection fees, court costs and any other expenses incurred in collecting any charges under this agreement, in repossessing the Equipment or otherwise enforcing the terms of this Agreement.

13.CHARGES ON CREDIT CARDS

(a)   You agree that The Tool’s Rental Master is authorized to add applicable additional rental and insurance charges and taxes and The Tool’s Rental Masters charges and expenses of cleaning the Equipment, if any, and other amounts which may be or become due under this Agreement to the applicable credit card transaction record. You acknowledge that this right is in addition to any other rights of The Tool’s Rental Master under this Agreement or available to it at law.

(b)   You agree to the reservation of credit, by credit card issuer, up to the estimated charges due under this Agreement and authorize to process a credit card voucher, if applicable, for all charges due under this Agreement.

14.PAYMENT & DEPOSITS

You will pay the Rental Price, without any offsets, in full at the time of return using a payment card approved by The Tool’s Rental Master (“Customer Card”). To the extent permitted by law, you must notify The Tool’s Rental Master in writing of any disputed amounts, including credit card charges, within four (4) days after the receipt of The Tool’s Rental Master rental contract/invoice, or You shall be deemed to have irrevocably waived Your right to dispute such amounts. You agree to pay the deposit identified on page 1 of this Agreement (Deposit), without any offsets, in full at the time of rental using a Customer Card. You acknowledge that the Tool’s Rental Master may apply the amounts of the Deposit to any amount owing to The Tool’s Rental Master. The Deposit will only be returned to You after all amounts payable to The Tool’s Rental Master are paid infull.

15.MODIFICATION OF AGREEMENT

This constitutes the entire agreement between You and The Tool’s Rental Master, and You acknowledge that there are no collateral, oral, or other agreements outstanding. None of The Tool’s Rental Masters rights may be changed and no extension of the term of this agreement may be made except in writing, signed by The Tool’s Rental Master and You, and made part of this Agreement.

16.ASSIGNMENT

You acknowledge that The Tool’s Rental Master may assign its rights under this agreement and transfer its title in Equipment without your prior written consent. You agree, however, not to sublet, loan or assign the Equipment.

17.DAMAGE PROTECTION

Damage Protection is an optional service offered by The Tool’s Rental Master to cover repair or replacement charges if the Equipment rented by The Tool’s Rental Master is damaged during normal use. The charge for the Damage Protection service is 15% of the total rental fee and will appear as a separate line item on the invoice You must accept or decline the Damage Protection service Damage Protection is not insurance. Damage Protection only covers the cost of repairs or replacement of the rented Equipment damaged during normal use of the Equipment. Damage Protection does not cover the loss of or damage to the Equipment during transport or loss or damage caused by theft, abuse, misuse, neglect, intentional acts or failure to follow the instructions provided for proper use and care of the rented Equipment. You expressly acknowledge and agree that You will be responsible for all such repair or replacement cost.

18.ENGLISH LANGUAGE

The parties hereto hereby acknowledge that they have required this Agreement and all related documents and notices to be drawn up in the English language.

19.REPAIR COST

Customer agrees that an estimated “Repair Cost” shall be charged for equipment that is returned with damage due to abuse, misuse, neglect, intentional acts, and/or failure to follow the proper use and care instructions for the Equipment. The Repair Cost shall not exceed me fair market value of the tool. Customer acknowledges and agrees to pay the Repair Cost and authorizes The Tool’s Rental Master to charge the Repair Cost to the Customer Card.

20.NOTICES In compliance with your consent, or applicable law, or both, The Tool’s Rental Master may elect to send any notices to Customer by any means determined by The Tool’s Rental Master. If Customer has provided I he Tool’s Rental Master with an email address, The Tool’s Rental Master may, in compliance with your consent, or applicable law, or both, send communications including notices to Customer by email and any such email notice by The Tool’s Rental Master shall be valid notice for purposes of this Agreement, subject to applicable law.