LIFTCO GENERAL TERMS AND CONDITIONS
Lease Agreement: The (customer) Lessee and (LIFTco) Lessor acknowledge and agree that the terms and conditions contained in this agreement shall govern the rental and sale of any and all equipment, described on the reverse side of this page by the Lessee from Liftco Inc. (the “Lessor”), and the term (“Equipment”) as used herein shall refer to all such equipment. The Lessee agrees that the rental or purchase of Equipment is conditioned upon complying with these terms and conditions. Lessee agrees that this agreement supersedes and controls over all other communications or agreement s with Lessor and in the event of a conflict the Lessee and Lessor agree that the terms and conditions set out in this agreement shall govern.
The Rental Period: The rental period starts on and includes the day of delivery of the Equipment to the Lessee or the Lessee’s agent or site. Rental period ends on and includes the day of actual return of the Equipment to the Lessor’s premises, it is agreed that the rental period shall include the period of time when the Equipment is being transported to and from the Lessee. The rental period designated as “day” on the reverse of this page, shall mean a period of eight (8) consecutive hours. The rental period designated as “week” on the reverse of this page, shall mean a period of three (3) consecutive days. The rental period designated as “month” on the reverse of this page, shall mean a period of twenty-eight (28) consecutive days. Rental Rates are based on an (8) hour shift. Double shifts sixteen (16) hours are charged at 1.5 times the standard Rental Rate. Triple shifts (24 hours) are charged at 2 times the standard Rental Rate. During the rental period the Lessor may have access to and may inspect the Equipment and perform maintenance without prior notice. The Lessor may terminate the rental period at any time and take possession of the Equipment. At the end of the rental period the Lessor shall obtain, and the Lessee shall provide an Off Rent Number, failing which the rental period shall continue. The Lessee is responsible for the Equipment until it has been returned to the Lessor.
Inspection: The Lessee acknowledges receipt and inspection of the Equipment in good working condition and declares that the Lessee fully understands its proper operation and use. Use of the Equipment is an acknowledgement that the Lessee is deemed to have accepted that the Equipment is in good working condition and running order, without broken or worn out parts, and in clean and unmarred condition when received, and that Lessee has received all safety and other information necessary to operate the Equipment.
Delivery and Risk of Loss: Risk of loss and damage to the Equipment passes on to the Lessee when the Lessee has possession or control of the Equipment, either at time of pick-up from the Lessor or upon delivery to the Lessee, and passes back to the Lessor once it is in possession of the Equipment. The Lessee is responsible for loading and unloading of Equipment, if the Lessee’s employees assist in loading or unloading the Equipment, the Lessee agrees to assume the risk and hold the Lessor harmless for any property damage or personal injuries. After an Incident, Lessee shall notify the Lessor, the police if necessary and the Lessee insurance carrier.
Equipment Location and Subletting: The Lessee shall keep the Equipment in a secure location while in its possession or control and is responsible for the Equipment until it has been returned to the Lessor. The Lessee shall not remove, alter, disfigure or cover up any lettering; numbering or insignia displayed upon the Equipment or remove any operation or safety manuals. The Lessee shall not sublet, loan, dispose or assign or transfer any interest in this agreement without the previously written consent of the Lessor. The Equipment shall be used only at the location shown on the face of this lease.
Condition of/or Unsafe Equipment: The Lessee will immediately notify the Lessor if there is an accident involving the Equipment or if it is defective, malfunctioning, lost, damaged, stolen or unsafe, and must immediately discontinue its use. The Lessor at its option and without any further liability or responsibility to the Lessee will (a) repair or replace the Equipment within a reasonable time or (b) pick up the Equipment and refund or credit the rental charges, if any, for the time the Equipment is not operational, less any amount due the Lessor for damage or maintenance of Equipment that is the Lessee’s responsibility. The Lessee will provide access to the Equipment by the Lessor to enable the Lessor to repossess/replace the Equipment.
Maintenance, operation and repairs: The Lessee shall not harm, misuse or abuse the Equipment. The Lessee shall maintain and return to the Lessor the Equipment, its tools and accessories in good repair and running order. The Lessee shall during the rental period, pay the cost of all fuel and lubricants required to operate the Equipment; all repairs required to be made to the Equipment in order to keep it in good repair and running condition in accordance with the operator’s manual and replace broken or worn out parts. In addition the maintenance of tires and tubes on all Equipment supplied is the responsibility of the Lessee. Repairs to and or replacement of tires, tubes will be charged to the Lessee. No allowance will be made for any downtime caused to the Lessee by failure of tires, tubes, wheels and/or associated equipment.
Insurance: The Lessee agrees to maintain appropriate insurance protecting the Lessor from all loss, damage, expense or penalties arising from or related to the use of the Equipment during the rental period and hereby assigns to the Lessor all such policies of insurance and the proceeds therefrom. The Lessee shall provide the Lessor with a Certificate of insurance, naming the Lessor as a loss payee, covering the full replacement cost of the Equipment without deduction for depreciation that shall be kept in effect for the entire rental period. Replacement cost shall for the purpose of this agreement, be deemed to include disassembly, replacement, inspection, and/or loss of income and all other associated costs during the time of assessment to determine the above costs. The Lessee shall ensure that the use of this equipment is in compliance with the conditions of coverage in applicable insurance policies and that it is not to be used in any matter which is illegal or which renders it uninsurable or renders any insurance coverage void. The Lessor does not provide, extend or afford any insurance coverage to the Lessee, or any passenger or operator of the Equipment. The insurance coverage provided for above will not act to limit the Lessee’s liability under this agreement, and the Lessee will be responsible for any loss or damage to the Equipment until it is returned to the Lessor.
Subrogation: In the event of any loss or damage to the Equipment, the Lessor will have the right of subrogation with respect to any right of the Lessee to recover against any person, firm or corporation. Lessee will execute and deliver whatever instruments and papers are required and do whatever else is necessary to secure such rights. Lessee will cooperate fully with Lessor and or its insurer(s) in the prosecution of those rights and will neither take or permit any action to prejudice Lessor’s rights with respect thereto.
Compliance with laws and Safety Regulations: The Lessee must ensure that the use of the Equipment is within the parameters of use for which the Equipment was manufactured, and further that each operator of the Equipment is properly trained and legally qualified, and ensuring that all operators are of legal age, have a valid operator’s license, are not under the influence of drugs or alcohol, and are in compliance with all applicable laws, rules and obligations and follow safe operating procedures as outlined in the manual provided. The Lessee agrees to comply with all municipal, county, provincial and federal laws, and all ordinances and regulations which may affect the Equipment or its use while in possession of the Lessee. The Lessee acknowledges the responsibility to ensure the use of full body harnesses on all aerial lift equipment as required by the operator’s manual and government legislation, and further agrees that only the Lessee, its agents, representatives or employees may use or operate the Equipment. The Lessee may not alter or disable any safety device on the Equipment.
Disclaimer of Warranties: The Lessor makes NO warranties, expressed or implied, as to any matter whatsoever, including, without limitation, the condition of the Equipment, it’s merchantability or fitness for any particular use or purpose, or that it is suited for the Lessee’s intended use. The aggregate liability of the Lessor hereunder, if any, shall be limited to the amount paid to it by the Lessee under this Lease. All equipment rented or sold to the Lessee whether new or used, is rented or sold “As Is Where Is”, meaning the Lessee has received and accepts the Equipment in its then current condition, with all faults, and without any representation or warranty by the Lessor, express or implied. The Lessor passes through to the Lessee the manufacturer’s warranty, if applicable, and no oral representations or warranties are binding on the Lessor. The Lessee’s sole remedy for any defect or failure in the Equipment shall be the termination of the rental charges at the time of failure, provided the Equipment is returned to the Lessor within 24 hours after such failure. The Lessor shall not be responsible for any loss, damage or injury to the Lessee or the Lessee’s property, including incidental, special or consequential damages, in any way connected to the operation, use, defect in or failure of the Equipment.
Lessee’s Indemnification: The Lessee at his expense will reimburse, indemnify and hold harmless, the Lessor, its agents, officers, directors and employees, against all loss, expenses, penalties, damages, condemnations , legal and investigative costs which the Lessor may suffer or may be required or condemned to pay for personal injuries ( including death) and/or property damages suffered by any person by reason of the Equipment or the operation, handling, transportation or use thereof by or while in the hands of the Lessee, the Lessee’s employees, agents or carriers. The Lessee shall remain responsible for the Equipment until it has been returned to the Lessor. The Lessee shall maintain at the Lessee’s own expense, public liability and all risk property insurance in adequate amounts to fully cover this indemnity. The Lessee hereby renounces all claims which he (it) may have against the Lessor for any loss or damage which he (it) may suffer, either directly or indirectly, by reason of the condition of the Equipment or its suitability for the work it may be required to perform.
Title: Title to the Equipment shall at all times be and remain vested in The Lessor and nothing contained in the agreement shall be deemed to have the effect or conferring upon The Lessee any right or title whatsoever in or to the Equipment, other than that of Lessee. The Lessee shall not incur or permit to exist any lien or other encumbrance on or with respect to the Equipment. The Lessee is not authorized to make any expenditure in connection with the Equipment on behalf of the Lessor and the Lessee shall not be held out as a person authorized to make such expenditures on behalf of the Lessor and that any expenditure as aforesaid shall be made at the Lessee’s expense. The Lessee shall give immediate notice in case any of the Equipment is levied upon or from any cause becomes liable to seizure. If the Equipment is levied upon for any reason whatsoever the Lessor may retake the Equipment without notice or legal process, and may take all action reasonably necessary to do so.
Theft: The Lessor, at its own discretion, may report as stolen all Equipment held for five (5) days after the due date, or before, if conditions indicate theft, resulting in criminal prosecution.
Loss Damage Waiver “LDW”: If Lessee opts to participate in the LDW program; Lessee will be charged an LDW fee. Lessee understands and agrees that LDW is not insurance. Lessee is responsible for loss or damage to the Equipment, subject to the provisions of the LDW program. The LDW program is available online at www.liftco.ca or at the Lessor’s premises. In the event of default by Lessee, the LDW protection will be void, and the Lessee will be liable for full replacement value and related expenses for loss or damage to the Equipment.
Payment: The Lessee acknowledges that the Lessee will pay to the Lessor all amounts as set out in the agreement entered into between the parties and that the Lessee will pay the Lessor charges, rents, fees, and disbursements for Equipment rentals and payment for any loss to Equipment, within 30 days of receipt of each invoice. All amounts unpaid after 30 days shall bear interest at 2% per month calculated and compounded monthly for an effective rate of 24% per annum, plus attorney’s fees and all expenses of collection and repossession of the Equipment.
Events of Default: It will be an event of default under this agreement if Lessee fails to make any rent or other payment when due; breaches any provision of this agreement; becomes insolvent, ceases doing business, if a petition for bankruptcy is filed by or against the Lessee; or if the Lessee is in default of any other agreement with the Lessor.
General Security agreement: This agreement constitutes a GUARANTEE OF PAYMENT by the Lessee, which the Lessee is supporting with a pledge of collateral security in the Lessee’s personal property. The Lessee acknowledges that this agreement constitutes a GENERAL SECURITY agreement within the meaning of the Personal Property Security Act of the Province of Ontario, as amended from time to time.
Independent Legal Advice: The Lessee acknowledges that the Lessee has been advised that the Lessee has the right to seek independent legal advice before signing this agreement and in signing has signified that the Lessee has either obtained such advice or waived such right.
Confidential information: The Lessee consents to the collection and use of personal information by the Lessor, its agents or service providers for any purpose permitted by law.
Language: The parties hereby declare that it is their express wish that this document and all related documents be drawn up in English language.
Acceptance: The terms and conditions of this agreement will be deemed accepted upon the signature by Lessee or commencement of the rental period.