Terms and Conditions

THIS EQUIPMENT RENTAL AGREEMENT made this ______ day of ___________, 2024, between Greenwood Rentals (the “Lessor”) and ______________ (the “Lessee”).

Greenwood Rentals is a sole proprietorship providing equipment rentals for delivery or pick-up in accordance with the terms and conditions of this Agreement. The Lessee and employees, subcontractors, agents and representatives of the Lessee (collectively referred to as the “Lessee”) intend to rent from the Lessor in accordance with the terms and conditions of this Agreement, with the understanding that the Lessee’s acceptance and agreement of the terms and conditions of this Agreement is a material requirement and condition precedent to the Lessee’s use of any and all rental equipment (collectively referred to herein as the “Equipment”).

1. Acceptance. By acknowledging or accepting the terms and conditions of this Agreement, whether by electronic means or otherwise communicated with Greenwood Rentals the Lessee agrees to all of the terms and conditions contained herein. The Lessee expressly agrees to use the Equipment subject to the terms and conditions of this Agreement.

2. Term. The term of this Agreement shall be from and including ________________________ to and including __________________________ (the “Term”), subject to further agreement between the parties hereto to extend such Term. Upon the expiration of the Term the Lessee shall return the Equipment to Greenwood Rentals.

The Term with respect to each piece of Equipment shall commence on and include the day of actual pick-up of the Equipment or, where delivery is agreed-upon, on the actual date of delivery of the Equipment to the Lessee or the Lessee's agent, including any public carrier taking same for transit to the Lessee.

The Term shall end on and include the day of actual delivery to the Lessor or pick-up of the Equipment by the Lessor. The Lessee is responsible for the Equipment until it has been returned to the Lessor's address and secured during normal business hours. Rental Rates are based on a 1 shift day. A one-day rental is considered a 24hr period with a maximum of 8 hours run time. Excess hours charged based on prorated term rates. Double shifts (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. Weekly rates are 7 consecutive calendar days, Monthly rentals are 28 consecutive calendar days, Holidays, Saturdays and Sundays are considered calendar days. Late return charges are applicable at the following rates: up to 3 hrs. Late: 20%, 3 hrs. - 4 hrs. Late: 50%, after 4 hrs. 100% of daily rate. Contract extensions must be requested and approved in advance with payment submitted to secure. (Equipment may be pre-booked for other customers and not available for extension.)  

3. Waiver and Release of Liability. For and in consideration of the use of the Equipment, to the maximum extent permitted by law, the Lessee hereby forever releases and relinquishes and discharges the Lessor, together with all officers, directors, employees, subcontractors, agents and representatives thereof (collectively, the “Released Parties”) from any and all claims, liabilities, causes of action, judgments, costs, expenses, damages or wrongful death, injury to others and/or third parties, which arise out of, result from or relate to this Agreement, the use of the Equipment and/or the maintenance, design, use and/or operation of the Equipment, including any and all claims, liabilities, causes of action and/or damages related to the sole or partial negligence of Released Parties and/or the negligence of others. By this Agreement any such claims, rights, and causes of action that the Lessee may have are hereby waived, released and relinquished, and the Lessee, if applicable, does so on behalf of Lessee’s heirs, executors, administrators and assigns. The Lessee knowingly and voluntarily agrees, understands and recognizes that Lessee will have no right to make a claim or file a lawsuit against the Released Parties arising out of this Agreement, the maintenance, design, use and/or operation of the Equipment. 

The Lessee acknowledges and agrees that none of the Released Parties are responsible or liable for any claim, including those that arise out of or relate to (a) any risk, danger, or hazard described in this Agreement, (b) the use of, or inability to use, any of the Equipment, (c) the breach of this Agreement or the Lessee’s violation of any law, (d) any negligence, misconduct, or other action or inaction by the Lessee, (e) the failure to wear appropriate protective equipment while using the Equipment, or (f) any negligence, misconduct, or other action or inaction of any third party. 

4. Assumption of Risk. The Lessee agrees that using the Equipment involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to the Lessee or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. The Lessee agrees that such risks, dangers, and hazards are the Lessee’s sole responsibility. The Lessee agrees that if the Lessee’s use of any of the Equipment causes injury or damage to another person or property, then the Lessee shall be liable for all resulting injuries, damages, and related costs. By choosing to use the Equipment provided through the Lessor, the Lessee assumes all responsibility for all related risks, dangers, and hazards, and the Lessee agrees that the Lessor and the other Released Parties are not responsible for any injury, damage, or cost caused by the Lessee with respect to any person or property, including the Equipment itself. The Lessee is solely and fully responsible for the safe operation of the Equipment at all times. The Lessee understands and agrees that the Equipment can malfunction, even if properly maintained, and that such malfunction may cause injury and that the Lessor shall not be responsible for the malfunction of any Equipment. The Lessor and the other Released Parties disclaim all express and implied warranties, including warranties of merchantability, fitness for a particular purpose with respect to any of the Equipment, which are all provided "as is" and "as available". The Lessee understands that the Equipment will be used by multiple individuals, such equipment may not be disinfected after each use and the foregoing assumption of risk includes the risks associated with contracting communicable or transmittable illnesses, such as COVID-19. The terms of this Section shall survive termination of this Agreement.

5. Indemnification. To the maximum extent permitted by law, the Lessee expressly agrees to indemnify, release and hold harmless the Lessor and the Released Parties from all claims, damages, liabilities, actions and/or judgments (including property loss or damage, personal injury or loss of life), whether caused by the sole or partial negligence of the Released Parties and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, arising from, or related to, this Agreement and/or the Lessee’s use of the Equipment. The terms of this Section shall survive termination of this Agreement.

6. Pick-up or Delivery of Equipment. Unless otherwise provided, the Lessee is responsible for the pick-up or delivery and transportation of the Equipment to and/or from the Lessor’s place of business and any location agreed upon. The Lessor has discretion as to the method of delivery and reserves the right to charge additional fees for transportation where delivery is requested.

7. Payment. Prior to taking possession of the Equipment, the Lessee may be required to submit a deposit as security for any loss or damage caused by the Lessee or its agents to the Equipment during the Term. The Lessor has discretion as to whether such a deposit will be required from the Lessee and if so, in what amounts. The Lessee shall pay the full amount of the rental agreement to the Lessor at the time of pick-up or delivery of the Equipment alongside any deposit that may be required pursuant to the above without deduction or offset as determined by the Lessor in their discretion.

8. Condition. Upon taking possession of the Equipment, the Lessee is conclusively deemed to have accepted that the Equipment is in good condition and running order, without broken or worn-out parts, and in clean and unmarred condition.

9. Location and Use of Equipment. The Lessee agrees that the Equipment is the property of the Lessor and the Lessee’s right to use the Equipment arises solely from the terms and conditions of this Agreement. The Lessee shall not modify, alter, deface or intentionally damage the Equipment and shall not use the Equipment for any illegal, reckless or grossly negligent purpose or a purpose for which such Equipment is not intended. The Lessee will not lease or sell the Equipment, nor use the Equipment in violation of any law, ordinance or regulation. No Lessee shall use or operate the Equipment while under the influence of alcohol or drugs. The Lessee shall wear safe and appropriate protective equipment when using the Equipment. 

The Lessee agrees to immediately report to the Lessor and the appropriate police, any theft of or loss of the Equipment. The Lessee understands and agrees that they are responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to stolen or lost Equipment, whether or not the direct fault of the Lessee.

10. Maintenance, Operations and Repairs. The Lessee shall not remove, alter, disfigure or cover up any numbering, lettering or insignia displayed upon any Equipment, and shall ensure that no Equipment is subjected to careless or needlessly rough usage, and shall, at the Lessee's own expense, maintain and ultimately return to the Lessor the Equipment and its appurtenances, together with any tools and accessories pertaining thereto, the whole in good repair and running order. Without limiting the generality of the foregoing, the Lessee shall, at the Lessee's own expense, during the term of this Lease, pay the cost of: (a) All fuel and lubricants required to operate the Equipment (b) All repairs required to be made to the Equipment in order to keep it in good and proper operating condition in accordance with the operator's manual; and (c) Cleaning and disposal of foreign material. In addition, the maintenance of tires and tracks on all Equipment so equipped is the responsibility of the Lessee. Repairs to and or replacement of, tires or tracks will be charged to the Lessee, as will any service calls to the location of the Equipment if the Equipment is not brought to the Lessor's yard. No allowance will be made for any downtime or inconvenience caused to the Lessee by failure of any tires, tracks, and wheels and/or associated Equipment. 

11. Title. Title to the Equipment shall at all times be and remain vested in the Lessor and nothing contained in this Lease 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 shall give the Lessor immediate notice in case any of the Equipment is levied upon or from any cause becomes liable to seizure.

12. Subrogation. ln the event of any loss or damage to the Equipment, 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 nor suffer any action to prejudice Lessor’s rights with respect thereto. 

13. Warranties. Lessor makes no warranties, either express or implied, as to any matter whatsoever, including, without limitation, the condition of the Equipment, its merchantability or fitness for a particular purpose, or that it is suited for the Lessee’s intended use. The aggregate liability of Lessor hereunder, if any, shall be limited to the amount paid to it by Lessee under this Lease. This Lease represents the entire agreement between the parties with respect to the Equipment.

14. Return Process. All equipment must be directly accessible for loading on truck or trailer. Scaffolding must be dismantled. Lessee will assist with handling if required. The Equipment is to be returned clean and full of fuel. Lessee will be subject to charges for fuel, cleaning, and disposal costs of all foreign material. Lessee will abide by the Highway Traffic Act and pay all infractions when in possession of the Equipment. 

15. General Terms. The Lessee consents to the collection of personal information by Lessor and the use, retention, disclosure of such information by Lessor. The Lessor will not sell, forward or disclose to any third party such personal information except for the situation pertaining to this lease or the purpose of collecting unpaid amounts. Descriptive headings are inserted solely for convenience of reference. They do not form a part of this Agreement and are not to be used as an aid in interpreting this Agreement. This Agreement embodies the entire Agreement of the parties with regard to the matters contained herein, and no other Agreement, representation or warranty shall be deemed to exist except as entered into in writing by both parties to this Agreement. It is the intention of the parties that this Agreement be construed in accordance with and under the laws of the Province of Ontario. This Agreement shall enure to the benefit of and be binding upon the parties hereto, and their respective heirs, estate trustees, successors and assigns.

IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals.

_______________________________________ _______________________________________  

NICHOLAS GREEN o/a GREENWOOD RENTALS LESSEE