In consideration for the rental of certain specified equipment (the “Equipment”) from Perfect Prairie Parties by the customer, as more particularly set out on the invoice, upon the terms and conditions contained herein (the “Transaction”), the Customer hereby agrees as follows:
1. TRANSACTION TYPES: The transaction Type listed on the invoice hereof indicates the type of arrangement entered into between the parties. If indicated by the words on the invoice:
- “RENTAL”, then this document represents your agreement, pursuant to the terms and conditions contained herein, to rent certain products from Perfect Prairie Parties.
- “INVOICE”, then this document represents your invoice for goods or services as provided pursuant to the terms and conditions contained herein. All amounts shown are
subject to the negotiated credit terms and finance charges will apply to all amounts not paid within the set term.
2. RENTAL AND TERM. This agreement commences on the date specified as “DATE OUT” and terminates on the date specified as the “DATE DUE”, as set out on the invoice, unless amended in writing by an authorized Perfect Prairie Parties representative. Rental charges commence on the date specified as “DATE OUT” and shall terminate upon the later of the date specified as “DATE DUE” or upon the return of the equipment to Perfect Prairie Parties premises.
PERFECT PRAIRIE PARTIES RESERVES THE RIGHT TO PROVIDE SUBSTITUTES OF THE PRODUCTS RESERVED OF SAME OR EQUAL QUALITY OR VALUE. THE CUSTOMER AGREES THAT ALL MONIES PAYABLE ON ACCOUNT OF THE TRANSACTION ARE DUE AND PAYABLE UPON DELIVERY TO OR PICK-UP OF THE EQUIPMENT BY THE CUSTOMER.
3. USE OF SECURITY DEPOSIT AND LIABILITY FOR LATE PAYMENT UPON BREACH BY CUSTOMER. On account of the transaction the Customer shall provide Perfect Prairie Parties with a security deposit in an amount set by Perfect Prairie Parties at the time of execution of this agreement, which amount is set out on the invoice. The Customer hereby acknowledges that the security deposit secures the payment of additional rental charges or payments accruing as a result of damage to the Equipment and to
guarantee the full and complete performance of each of the terms, covenants and agreements to be performed by the customer hereunder. Unless otherwise agreed to by an authorized representative of Perfect Prairie Parties. With respect to the return of the Equipment, the Customer agrees to pay a late charge of one additional days rental for each day later than the “DUE DATE” specified on the invoice.
4. DAMAGE: The Customer shall be fully responsible and liable with respect to each individual item or piece of Equipment. The Customer shall forthwith reimburse Perfect Prairie Parties for all qualifying damages to the Equipment, sufficient to repair the Equipment sufficient to its condition as rented to the Customer, as determined by Perfect Prairie Parties, or if repair is not possible in the opinion of Perfect Prairie Parties alone, then the customer shall pay the full replacement cost of the Equipment.
Such payment to Perfect Prairie Parties shall not be dependent on coverage of such loss or damage by the Customer’s insurer. Any such insurance coverage on the part of the Customer remains the sole obligation of the Customer, but where reasonable, Perfect Prairie Parties shall provide necessary information to the customer to facilitate the making of its insurance claim.
5. CUSTOMER LIABILITY FOR LOSS / MISUSE OF EQUIPMENT. The Customer shall use the Equipment for its obvious and intended purposes only and shall not abuse, harm or misuse the Equipment. The Customer shall not permit and repairs to be made or liens to be placed on or against the Equipment without Perfect Prairie Parties prior written consent. In the event of any accident or incident causing bodily injury or property damage as a result of the use of the Equipment, the Customer hereby agrees to
accept full responsibility and shall indemnify and save harmless Perfect Prairie Parties from any actions, claims, suits or judgements arising therefrom. The Customer further agrees to pay all legal costs incurred by Perfect Prairie Parties in defending any such action, claim, suit, or demand. The Customer agrees to forthwith provide a full written report on any incident or accident including the names and addresses of witnesses. In case of the loss or destruction of the Equipment or any part of thereof, or
loss of possession thereof, or the inability to return same to Perfect Prairie Parties on the expiration and DATE DUE, for any reason whatsoever, Customer shall pay Perfect Prairie Parties the actual replacement cost thereof, and in addition thereto, any costs associated with Perfect Prairie Parties loss of use of said Equipment.
6. DISCLAIMER OF WARRANTIES. PERFECT PRAIRIE PARTIES MAKES NO WARRANTIES EXPRESS OR IMPLIED, AS TO THE EQUIPMENTS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Customer’s sole remedy for any failure or defect in the Equipment shall be the rental fees charged under the terms of this Agreement, provided that the Equipment is returned to Perfect Prairie Parties within 24 hours after such failure and where Perfect Prairie Parties determines that the Equipment does not function appropriately. Perfect Prairie Parties shall not be responsible for any loss, damage or injury to the Customer or his or her property whatsoever, including but not limited to incidental, special or consequential damages, in any way connected with the operation, use, defect in or failure of the Equipment.
7. DELIVERY. In the event Perfect Prairie Parties agrees to deliver the Equipment to a place other than the residence of the Customer or agrees to accept return of the Equipment other than at its regular place of business, the Customer agrees that he or she shall remain liable for any loss of or damage to the Equipment from and following the time of such delivery, regardless of whether the customer is personally present at the time of delivery, until Perfect Prairie Parties actually takes possession of the Equipment upon return.
8. THEFT WARNING. Failure to return Equipment on the customer return DATE DUE, may be considered a theft, which may result in a criminal prosecution.
9. TITLE. Regardless of any rental agreement reached between the parties, title to the subject Equipment is and shall remain with Perfect Prairie Parties. Subject to the terms and conditions of this Agreement, Perfect Prairie Parties may use any available legal means to recover the equipment.
10. USE OF EQUIPMENT. The customer shall not remove the equipment from the province in which it is rented without the written prior consent of Perfect Prairie Parties. No refunds will be provided on unused equipment.
11. TAXES. The Customer agrees to pay any and all taxes, license, or permit fees arising out of or associated with the rental and use of the Equipment. The customer agrees to pay said taxes regardless of whether of whether said taxes are incorporated into the terms of this Agreement, including but not limited to instances where taxes are later claimed by any government authority for taxes arising out of this Transaction. The Customer agrees to pay all such taxes to Perfect Prairie Parties upon demand.
12. CONDITIONS OF RENTING INSPECTION PRIVILEGE AND WAIVER OF DEFECTS. The customer accepts and rents the Equipment on an “as is” basis. The customer acknowledges that it has examined the Equipment and that it has received all of the Equipment in a state of good working condition and repair.
13. EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR. The customer will immediately discontinue use of the equipment should it, at any time, following the execution of this Agreement or any subsequent agreement, become unsafe or in a state of disrepair. Furthermore, the Customer will immediately notify Perfect Prairie Parties, that the
equipment is unsafe or in a state of disrepair and until such time as Perfect Prairie Parties has regained possession the Customer agrees to take all steps reasonably necessary to prevent injuries to any person and all property from use or exposure to the Equipment, and shall indemnify Perfect Prairie Parties for any harm or injuries caused during said period.
14. INDEMNICATION OF PERFECT PRAIRIE PARTIES BY CUSTOMER. The customer expressly indemnifies and holds Perfect Prairie Parties harmless of, from and against all claims, losses, costs, damages, legal fees and/or liability in connection with the renting and/or use of the Equipment, regardless of whether a lawsuit is filed by Perfect Prairie Parties to recover possession of the Equipment, or to enforce any of the terms of conditions of this Agreement. The Customer agrees to pay all costs and reasonable
legal fees that Perfect Prairie Parties incur in connection therewith.
15. GOVERNING LAW. This agreement shall be governed in accordance with the laws of the Province of Manitoba and Canada applicable hereto.
16. SUCCESSORS AND ASSIGNS. This agreement shall ensure and be binding on the parties hereto and their heirs, executors, administrators, successors and permitted assigns. This agreement may not be assigned by the customer without prior written consent of Perfect Prairie Parties.
17. SERVICEABILITY. The invalidity, illegality or unenforceability of any one or more of the provisions of this Agreement shall in no way affect or impair the validity, legality, or enforceability of the remaining provisions hereof, which shall remain in full force and effect. Any invalid, illegal, or unenforceable provisions shall be deemed to be severed from the Agreement.
18. PRIVACY. The Customer acknowledges and agrees that it has consented to the collection and use of his or her personal information for the purposes of completing the Transaction. Perfect Prairie Parties shall disclose the Customer’s personal information only with the consent of the individual or where permitted or required by law. All personal information shall be handled in accordance with the provisions of the Personal Information Protection and Electronic Documents Act.
TERMS AND CONDITIONS OF SALE
(APPLIES ONLY TO ITEMS SOLD NOT RENTED)
In consideration of the purchase of the Equipment by the Customer from Perfect Prairie Parties, as identified on the invoice, upon the terms and conditions, and for the price herein specified, it is agreed as follows:
1. NEW PRODUCTS. The Customer acknowledges that Perfect Prairie Parties makes no representation or warranties with respect to the Equipment purchased, with the exception of those provided by the manufacturer and, for greater certainty, Perfect Prairie Parties makes NO REPRESENTATION OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, either expressed or implied.