PRESTIGE WORLDWIDE EQUIPMENT
EQUIPMENT RENTAL AGREEMENT
(the “Rental Agreement”)
Name: (the “Customer”)
___________________________________
Address:
___________________________________
Email: Phone:
___________________________________
Birth date:
___________________________________
Driver’s License:
___________________________________
BETWEEN: Mitchell Vandersluys doing business as Prestige Worldwide Equipment (“Prestige”) and the Customer
hereby agree as follows:
EQUIPMENT: Hitachi ZX35U-5N (the “Equipment”).
1. RENTAL TERM
The Start Date of the Equipment rental is: _________________________________________________________.
The End Date of the Equipment rental is: _________________________________________________________.
The Rental Term may be extended subject to availability of the Equipment and at the sole discretion of Prestige.
2. RENTAL FEES
The daily rental rate of the Equipment is $275.00 plus applicable taxes (the “Daily Rate”).
At the time of booking, the Customer will pay a deposit of 10% of the total rental fee for the number of days the Equipment
is booked, not inclusive of taxes (the “Deposit”).
The total cost of the rental fees for the Rental Term, including taxes, (the “Total Cost”) will be paid prior to the Customer
taking possession of the Equipment.
The Deposit will be applied to the Total Cost at the time of payment.
3. EQUIPMENT PICK UP & DROP OFF
The Customer may choose to pick up and drop off the Equipment themselves or may pay to have Prestige deliver and pick
up the Equipment.
A call out fee of $50.00 plus mileage of $1.25/km will be charged if the Customer elects to have Prestige deliver and/or pick
up the Equipment.
Start Date □ Prestige Delivery
___________________________________
(call out fee and mileage will apply)
□ Customer Pick up
___________________________________
End Date □ Prestige Pick up
___________________________________
(call out fee and mileage will apply)
□ Customer Drop off
___________________________________
Address for delivery and pick up (if applicable): ____________________________________________________________.
If the Customer fails to deliver or request a pickup of the Equipment on or before the End Date, the Customer hereby
authorizes Prestige to:
– charge the Customer’s credit card the Daily Rate for each additional day that the Equipment is not returned; or
– enter the premises where the Equipment is located to pick up the Equipment and the Customer will be charged the
callout fee and mileage fee as applicable.
4. CANCELLATIONS
If the Customer cancels the Equipment rental in full, then the following terms will apply:
– more than 48 hours’ notice: the deposit will be refunded by Prestige in full;
– less than 48 hours’ notice: the deposit will be forfeited; and
– less than 24 hours’ notice: the full cost of the Daily Rate will be due and payable.
These cancellation terms will apply to any partial cancellations of the Rental Term.
5. USE OF EQUIPMENT
The Customer will use the Equipment in a good and careful manner for the purpose for which it was designed and will
comply with all of the manufacturer’s requirements and recommendations respecting the Equipment and with any applicable
law pertaining to the use of the Equipment.
Unless the Customer obtains the prior written consent of Prestige, the Customer will not alter, modify, or attach anything to
the Equipment unless the alteration, modification, or attachment is easily removable without damaging the functional
capabilities or economic value of the Equipment.
6. REPAIR & MAINTENANCE
If the Equipment requires maintenance or repairs during the Rental Term, then:
– the Customer will notify Prestige immediately that the Equipment requires maintenance or repair;
– if, in the sole discretion of Prestige, maintenance or repair of the Equipment is necessary then Prestige may make
or cause to be made such maintenance or repairs to put the Equipment in a state of good repair, appearance, and
condition within a reasonable amount of time; and
– if the necessary maintenance or repairs are, in the sole discretion of Prestige, beyond what is reasonably expected
with reasonable wear and tear, then Prestige will give the Customer written notice of and invoices for the said
maintenance or repairs and upon receipt of such invoices, the Customer will immediately reimburse Prestige for the
actual expense of the maintenance or repairs.
If, in Prestige’s sole discretion, the Equipment is not in good repair and condition, except for reasonable wear and tear,
when possession of the Equipment is returned to Prestige then:
– Prestige may, in Prestige’s sole discretion, make or cause to be made such maintenance or repairs as necessary
to put the Equipment in a state of good repair, appearance, and condition; and
– Prestige will make the required said repairs within a reasonable amount of time of taking possession of the
Equipment and will give the Customer written notice of and invoices for the said repairs. Upon receipt of such
invoices, the Customer will immediately reimburse Prestige for the actual expense of those repairs.
7. LOSS & DAMAGE
The Customer will notify Prestige immediately in the event the Equipment is lost, stolen, or damaged as a result of the
Customer’s possession or use of the Equipment.
To the extent permitted by law, the Customer will be responsible for the risk of loss, theft, damage, or destruction of the
Equipment from any and every cause.
8. CUSTOMER OBLIGATIONS
The Customer will during the term of this Rental Agreement:
– at all times keep the Equipment in good working condition in accordance with sections 5 and 6;
– use the Equipment only for the purposes for which it was designed and operate the Equipment in a careful and
prudent manner in accordance with section 5;
– maintain control of the Equipment and keep the Equipment in a secure and suitable environment when not in use;
– ensure that the Equipment is operated only by suitably competent persons not under the influence of drugs and
alcohol;
– not perform, or allow any person to perform, any modifications or repairs to the Equipment, including routine
maintenance;
– keep Prestige informed of all material matters relating to the Equipment; and
– allow Prestige or its representatives to enter upon the premises where the Equipment is located at all reasonable
times for the purposes of inspecting and maintaining the Equipment and delivery and removal of the Equipment.
– refuel the Equipment prior to returning the Equipment to the possession of Prestige in accordance with any
instructions from Prestige.
9. INDEMNITY & LIABILITY
The Customer will indemnify and hold harmless Prestige and any of its employees, agents, representatives, independent
contractors, suppliers, successors, and assigns against any and all claims, actions, suits, proceedings, costs, expenses,
damages, and liabilities, including legal fees and costs, arising out of, or related to, the Customer’s use of the Equipment.
To the extent permitted by law, Prestige will not be liable to the Customer for any delay in delivery or of the condition of the
Equipment or otherwise and will not be liable to the Customer for any loss of profit, loss of revenue, loss of business, and
indirect or consequential loss or damage, including but not limited to labour, standby time, or costs related to the delay of
the Customer’s project, however caused, even if foreseeable.
Prestige’s maximum aggregate liability for breach of contract (including any liability for the acts or omissions of its
employees, agents, and subcontractors), whether arising in contract, negligence, misrepresentation or otherwise, will in no
circumstances exceed the cost of the rental.
10. MISCELLANEOUS
The Customer will not assign this Rental Agreement, the Customer’s interest in this Rental Agreement, or the Customer’s
interest in the Equipment without the prior written consent of Prestige.
The Customer acknowledges and agrees that this is a lease, and the Equipment is not being purchased.
In entering into the terms of this Rental Agreement, the Customer is not relying on any prior understanding, oral or written
representation, or statement made by Prestige, other than what is set forth in this Rental Agreement.
The Customer’s use of the Equipment is also subject to the Privacy Policy, which is hereby incorporated into and made part
of this Rental Agreement.
If any provision of this Rental Agreement is unenforceable for any reason, that term will be deemed severed from this
document and will not affect the validity and enforce ability of the remaining terms.
This Rental Agreement shall be binding upon and shall inure to the benefit of the parties hereto and, except where prohibited,
to their successors and assigns.
Any litigation involving the parties to these Conditions will be brought solely within the Province of British Columbia and will
be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
I confirm that I have read and understood this Rental Agreement prior to signing it and agree to abide by the terms contained
herein at all times.
Signed this ________ day of _____________________ , 20________ .
Signature: Mitchell Vandersluys doing business as
Prestige Worldwide Equipment
___________________________________
Signature: Customer
___________________________________
Name: Customer (please print)
___________________________________