| Invermere Sales & Rentals Inc. (“ISR”) will rent equipment or provide services from time to time hereafter to the person signing this agreement (the “Customer”). The particulars of the equipment, the rental rate for the equipment, the amount of the deposit and the date and time of the commencement of the term will be set out in a contract signed by the Customer. Notwithstanding that the contract does not expressly contain or incorporate by reference these terms and conditions the Customer agrees that these terms and conditions constitute part of each contract between ISR and the Customer hereafter until superseded. TERM: The rental term will commence at the time the equipment leaves the ISR yard and end when the equipment is returned to the ISR yard. One day equals 24 hours with a maximum 8 hours of operation of the equipment; one week equals 168 hours with a maximum 40 hours operation of the equipment; and one month equals 672 hours with a maximum 160 hours of operation of the equipment. RENT: The rent is payable at the rate set out in the contract applicable to the term of the lease. The minimum rental rate will be the lowest rent specified in the contract notwithstanding the return of the equipment prior to the end of the minimum rental period. If the hours of operation exceed those set out above then the Customer will pay 1/8th of the daily rate for each hour of use in excess of 8 hours per day and 1/40th of the weekly rate for each hour of use in excess of 168 hours per week and 1/160th of the monthly rate for each hour of use in excess of 160 hours per month. Rent will be calculated using the best combination of hourly, daily, weekly and monthly rates to minimize the rent payable by the Customer. PAYMENT: All rent due under this contract will be invoiced upon the return of the equipment or at such time or interval as ISR may determine. Invoices rendered for rental or services will be due upon issue unless ISR has extended credit to the Customer in which case the invoice will be paid within 30 days of the invoice date. All amounts not paid when due will bear interest at 18% per annum. Where the Customer has provided ISR with a credit card as security for payment under this contract the Customer authorizes ISR to preauthorize payment in reasonable amounts as ISR may determine as security for payment of any invoice or future invoice and to charge the Customer’s credit card for any amounts due on an invoice as set out above or as reimbursement for the loss of or damage to the equipment. Payments made on account by credit card will be charged a service fee of 4% of the amount paid. LOCATION & INSPECTION: The equipment will be used at the address of the Customer or such other location as is set out in the contract. The Customer will not change the location of the equipment unless the Customer first notifies ISR in writing and ISR consents to the change of location. ISR will have the right at all times to enter the location at which the equipment is used to inspect the equipment and observe its use. CONDITION OF EQUIPMENT: ISR represents to the Customer that ISR is not aware of any defect in the equipment that is hidden and incapable of discovery upon reasonable inspection except as expressly set out in the contract. ISR makes no other representation or warranty, expressed or implied, as to the condition of the equipment, neither as to its merchantability, nor as to its fitness or suitability for any particular purpose or use. The Customer will inspect the equipment prior to taking possession to determine the condition of the equipment and whether the equipment is suitable for the Customer’s use. The Customer represents to ISR that the Customer has the ability to inspect the equipment and to determine from that inspection defects in the condition of the equipment and whether the equipment is suitable for the Customer’s use. If upon such inspection the Customer discovers a defect in the condition of the equipment or otherwise determines that the equipment is not suitable for the Customer’s use then the Customer may terminate the contract without charge. The acceptance of possession of the equipment constitutes a representation by the Customer to ISR that the Customer has inspected the equipment, has determined that the equipment is in a condition free of defects and that the equipment is suitable for the Customer’s use. The Customer acknowledges that ISR is relying upon the Customer’s representations and covenants set out above in entering into the contract and in granting the Customer possession of the equipment. USE & OPERATION OF EQUIPMENT: The Customer represents to ISR that (a) the Customer is aware of the acceptable uses of the equipment recommended by the equipment manufacturer; (b) the Customer is familiar with the operating instructions and warnings provided by the equipment manufacturer; (c) the Customer is familiar with the use and operation of the equipment; (d) the Customer has a personal knowledge of all laws and regulations applicable to the use and operation of the equipment; (e) the Customer is aware of all safety procedures applicable to the use and operation of the equipment; and, (f) the Customer is aware of the danger of property damage and personal injury and death arising from the use and operation of the equipment. Having such knowledge, the Customer does not require and declines the use of any operating manual issued | by the manufacturer relating to the equipment. Any instructions or directions provided by ISR to the Customer with regard to the use or operation of the equipment is intended to familiarize the Customer with the particular equipment provided by ISR and is not intended, nor is the Customer accepting such instruction or direction, as the basis of or in substitution for the personal knowledge of the Customer as set out in paragraph (a) to (f) above. The Customer will use the equipment only for such uses as recommended by the equipment manufacturer and in accordance with all laws and regulations applicable to the use and operation of the equipment and in accordance with all safety procedures applicable to the use and operation of the equipment. The Customer will not permit any person other than the Customer and the Customer’s employees to operate the equipment. If the rental equipment is a boat, the Customer will not operate the equipment unless each person in the boat is wearing an approved life vest and will not operate the boat within 50 meters of the shore, other vessels or man-made obstructions or persons (not in or being towed by the boat) at a speed greater than 5 mph (8 kph). The Customer acknowledges that ISR is relying upon the Customer’s representations and covenants set out above in entering into the contract and granting possession of the equipment to the Customer. FUEL & LUBRICATION: Unless otherwise set out in this contract, the Customer will pay the cost of fuel, oil and lubricants required to operate and maintain the equipment during the term of this contract. If the Customer requests ISR to supply fuel at the Customer’s expense then, prior to refueling the equipment the Customer may require ISR to accurately measure the fuel sold to the Customer. In the event that Customer does not request accurate measurement of the fuel then ISR may make a reasonable estimate of the quantity of fuel and charge for the fuel based upon such estimate. LOADING, UNLOADING & TRANSPORTATION: Unless the Customer has engaged ISR to transport the equipment, the Customer will be responsible to load and unload the equipment and to secure the equipment for transportation and the Customer will be responsible for any loss occasioned to the equipment during transportation. Where ISR renders assistance to the Customer to load or unload equipment or to connect or disconnect trailers or roof racks, such assistance will be provided under the control and direction of the Customer who shall remain responsible. Where ISR provides delivery service ISR will not be liable for consequential damage arising from its failure to deliver or pick-up the equipment at any designated time. EQUIPMENT FAILURE: The Customer will immediately discontinue the use of and notify ISR of any equipment failure. If the equipment failure is a consequence of wear and tear resulting from normal operation ISR may, at its option, repair the equipment within a reasonable time, provide the Customer with a similar substitute piece of equipment or adjust the rental rate. LOSS, DAMAGE & REPAIRS: The Customer will repair and maintain the equipment in good operating condition during the term of this contract and will return the equipment to ISR at the end of the term of this contract in the same condition the equipment was in at the commencement of the term, reasonable wear and tear resulting from the proper use of the equipment only excepted. Customer assumes and will bear the risk of loss of and damage to the equipment during the term of this lease from any cause whatsoever. Without limiting the generality of the foregoing the cost of (a) repairing a ski boat propeller is $150; (b) replacing a ski boat propeller is $350 and the Customer agrees to pay the amount for such repairs as liquidated damages. INDEMNITY: ISR will not be liable to the Customer for personal injury to or death of the Customer arising from the renting, transporting or use of the equipment unless such personal injury or death arises from a defect in the equipment that is hidden and incapable of discovery upon reasonable inspection and ISR knew of the hidden defect in the equipment and failed to disclose the hidden defect to the Customer. The Customer will indemnify ISR and hold ISR harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including legal fees on a solicitor-client basis arising out of, connected with or resulting from the equipment, including without limitation, the manufacture, selection, delivery, possession, use, operation or return of the equipment and any consequential damage arising from the use of the equipment. AGREEMENT: These terms and conditions will be superseded by any amended terms and conditions signed by the Customer bearing a date later than the date hereof. TITLE: ISR retains title to the equipment. No right of ownership is conveyed to the Customer under the contract and the Customer will not do anything to encumber ISR’s title to the equipment. TERMINATION: ISR may terminate the contract at any time without cause by notice to the Customer and upon termination the Customer will forthwith return the equipment to ISR. APPLICABLE LAW: This agreement will be construed in accordance with the laws of British Columbia and the Customer attorns to the courts of Brisith Columbia for the resolution of any dispute in connection with the contract. |