Rental contract

PRIOR DECLARATION:

Groupe ELG is referred to in this agreement as the "lessor" or the "seller," depending on the nature of the agreement.

TERMS AND CONDITIONS

  1. Term of the Agreement

This agreement is valid for the duration specified on the reverse side and begins on the date the lessee receives the equipment unless another date is specified in this agreement.

  1. Rental Period

All equipment is rented for a minimum of one day unless otherwise specified. For the purposes of this agreement, rental periods are defined as follows: 1 day: 24 hours 1 week: 7 days 1 month: 28 days The lessee shall be deemed, for all legal purposes, to have had the use of the rented machinery or accessories from the day they took possession until the day they return them to the lessor. The lessee agrees to inform the lessor of any excess usage beyond the permitted rental period, which will be charged accordingly.

  1. Inspection of Rented Equipment

The lessee declares that they have personally inspected the rented equipment and accessories and found them to be in perfect order and in good working condition. They also acknowledge that the equipment meets their needs and that they are familiar with its operation. The lessee undertakes to verify the functionality of the equipment and notify the lessor of any defects.

  1. Rent

The lessee must pay the lessor the rate specified on the reverse side for each piece of equipment for the entire duration of the agreement. If, upon the expiration of the agreement, the lessee retains the equipment with the lessor's consent, the agreement shall be extended until the equipment is returned to the lessor, under the same terms and conditions. The lessor may terminate the extended agreement at any time, after providing one day's written notice to the lessee, and repossess the equipment, without prejudice to all other rights and remedies under this agreement and the law.

  1. Retention of Ownership Rights

The lessee (buyer) explicitly acknowledges that the lessor (seller) is and remains the exclusive owner of all goods rented or sold to them. In the case of sold goods, ownership rights will not transfer at the time of the sale agreement or upon possession of said goods but only once all amounts due under this agreement have been fully paid to the lessor (seller). However, the lessee (buyer) assumes responsibility for any loss or damage to the sold goods from the moment of possession. Any default by the lessee will result in the forfeiture of any terms. The lessor (seller) may then, at their discretion, repossess all sold goods and retain, as liquidated damages, any amounts paid as a deposit on said goods or claim from the lessee (buyer) and guarantor all amounts owed under this agreement, plus interest. The lessee (buyer) may only use this equipment in accordance with the terms and conditions of this agreement and may not relocate the equipment from the location specified on the reverse side without prior written consent from the lessor.

  1. Destruction, Loss, Theft, and Fire

Total loss, theft, fire, or destruction of the equipment does not terminate this agreement, and the lessee (buyer) must continue to pay rent until the equipment is returned to the lessor (seller) or the value of the equipment has been paid to the lessor (seller). Additionally, the lessee (buyer) agrees to immediately notify the lessor (seller) and the police of any loss, theft, or destruction of the equipment. The parties agree that the value of the rented equipment shall be its replacement cost at the time of the incident.

  1. Delays

The inability or delay in using the rented equipment, not caused by the lessor’s fault, does not relieve the lessee from paying the agreed rental fees listed on the reverse side of this agreement, nor can the lessee claim any compensation from the lessor.

  1. Expiration of the Agreement

Upon the expiration or early termination of the agreement, the lessee (buyer) must return the equipment to the lessor (seller) at the lessor's address listed on the reverse side, in the same condition as when it was received, except for normal wear and tear. Failing this, the lessor or any authorized party may, without notice, repossess the equipment and may enter any premises to retrieve it. It is the lessee's responsibility to prove the equipment has been returned and the date it was returned.

  1. Use, Maintenance, and Repair

The lessee (buyer) guarantees that the equipment will be used for its intended purposes, by qualified individuals, and in compliance with any instructions provided by the lessor (seller). The lessee shall, at their own expense, maintain the equipment in good working order and condition and will be responsible for any damage caused to the equipment. The lessor retains ownership of any parts added or used as replacements. The lessee agrees to grant the lessor or any authorized party access to the equipment for inspection purposes. The lessee must allow all necessary repairs and is not entitled to any rent reduction. The lessee shall pay any fees, taxes, penalties, or other charges associated with the possession or use of the equipment.

  1. Indemnification

The lessee agrees to fully indemnify and hold the lessor harmless from any claims, demands, or actions brought against the lessor for any loss, injury, or damage, including loss of profits or other indirect damages incurred by the lessor, its employees, representatives, or third parties due to the presence or absence of the equipment.

  1. Exclusion of Liability

The lessor shall not be liable for any damage, loss, or injury caused by the rented item during its use. Acts of third parties, accidental events, or force majeure cannot be invoked by the lessee against the lessor. The lessor is not responsible for damages or injuries caused by hidden defects or system malfunctions in rented equipment, nor is the lessor obligated to compensate the lessee for any such losses or claims by third parties. Under no circumstances shall the lessor be held liable for injuries, delays, or damages resulting from the use or condition of the equipment or any events beyond their control.

  1. Termination of the Agreement

The lessor may, without prejudice to all its rights and remedies under this agreement and the law, terminate this agreement without notice if the lessee fails to pay rent or any other amounts due under this agreement, violates any of its provisions, mortgages the rented property, initiates proceedings under any insolvency or bankruptcy law, or if proceedings are initiated against the lessee under such laws. Additionally, if a receiver, trustee, or any similar entity is appointed to manage a portion or all of the lessee’s assets or business, or in the event of the lessee’s voluntary or forced dissolution or liquidation, the lessor may terminate the agreement. Furthermore, the lessor may terminate the agreement if the lessee fails to pay any installment within thirty (30) days of its due date or engages in abusive use of the equipment. In such cases, the lessee will no longer retain possession of the equipment. The lessor or any authorized party may repossess the equipment without notice and may enter any premises to retrieve it. Additionally, the lessee must immediately pay the lessor any outstanding rent, fees, or damages incurred due to the lessee's breach, including reasonable costs associated with enforcing this agreement.

  1. Subleasing and Assignment

The lessee may not sublease the equipment or any part thereof or assign this agreement without the lessor's written consent, which may be withheld for reasonable cause.

  1. Chattel Mortgage

The lessee must keep the equipment free of any chattel mortgage; otherwise, the lessee shall reimburse the lessor for any amounts paid and expenses incurred by the lessor to discharge and release such a mortgage.

  1. Cleaning

The lessee agrees to return the rented goods to the lessor in a clean condition. Failure to comply with this obligation will render the lessee liable for all cleaning costs.

  1. Damage Waiver

The lessee agrees to pay the lessor a surcharge of 9.9% of the total rent, as specified in this agreement, to be exempt from liability for damage to the rented equipment caused by mechanical failure, provided the lessee can prove they acted reasonably throughout the rental period. The damage waiver does not replace the all-risk insurance the lessee must maintain for the rented equipment at their own expense. The waiver does not waive the insurer’s subrogation rights. The lessee will be deemed to have not acted reasonably in the following cases: Damage caused by overloading or improper distribution of weight, resulting in tipping; Punctures, cut tires, damaged rims, or broken tools such as blades, drill bits, or cables; Leaving the equipment unattended, unsecured, or accessible to others; Failure to use proper oil, lubricants, or fuel, or neglecting required accessories like filters; Transporting equipment improperly or failing to secure it; Theft, unauthorized use, or abuse of the equipment; Accidents, collisions, or negligence by the lessee or third parties, including acts of God or force majeure; Modifying the equipment for unintended purposes or uses contrary to the manufacturer’s or lessor’s instructions.

  1. Payment of Fees

The lessee agrees to pay all legal, extrajudicial, and collection fees incurred in recovering amounts due under this agreement or repossessing rented goods, as a penalty clause. Additionally, the lessor may claim the indemnity provided under Article 1618 of the Civil Code of Québec.

  1. Dangerous Equipment

Any rented equipment involving heat, combustion, explosion, friction, or the use of flammable or explosive materials must be used under the constant and adequate supervision of a qualified operator.

  1. Nullity of Provisions

The nullity of any provision or provisions of this agreement does not invalidate the remaining provisions of the agreement.

  1. Waiver by the Lessor

No forbearance or delay by the lessor in exercising their rights under this agreement, nor any grace period granted to the lessee, shall prejudice or affect the lessor’s rights under this agreement.

  1. Notices

Any notice to the other party shall be deemed valid if sent by registered mail to the address listed on the reverse side of this agreement. Such notices are presumed to be received the day after mailing.

  1. Interpretation

Unless otherwise stated, the terms "lessor (seller)" and "lessee (buyer)" refer to their respective successors, assigns, executors, and administrators. Where there is more than one lessor or lessee, their obligations shall be joint and several.

  1. Interest

Any overdue account balance shall bear interest at a rate of 2% per month, equivalent to 24% annually. Any dishonoured check will incur a fee of $35.00 in addition to interest charges.

  1. Consent and Authorization

The lessee (buyer) authorizes the lessor (seller) to use the credit card imprint left as security when opening the account to settle any unpaid balance under this agreement. Additionally, the lessee (buyer) consents to the lessor (seller) sharing personal information, including financial data, with credit bureaus, financial institutions, creditors, or any business associate for the purpose of assessing or verifying the lessee’s creditworthiness, solvency, character, and reputation.

  1. Jurisdiction

The parties agree that for any claims or legal proceedings related to this agreement, the judicial district where the lessor (seller)’s business is located shall be the appropriate venue, to the exclusion of any other judicial district.

  1. Personal Guarantee

I declare that I have read this agreement and undertake, jointly and severally, to guarantee all obligations of the company (lessee/buyer) named and dated on the front of this document concerning any amount owed to the lessor (seller), now or in the future. Furthermore, I irrevocably waive the benefits of division and discussion, acknowledging that this guarantee constitutes a continuing guarantee for all debts incurred by the lessee (buyer) to the lessor (seller).