Terms and Conditions
CNL CONTRACT TERMS AND CONDITIONS
EQUIPMENT CONDITION: The Customer agrees that:
- they have inspected or had the opportunity to inspect all tools and other equipment to be rented (collectively, the “Equipment”);
- the Equipment is in good condition;
- they will not use the Equipment unless they do so properly and as specified by the manufacturers; and
- They will inspect the Equipment prior to each use and will immediately notify CNL of any defects or problems.
EQUIPMENT MALFUNCTION: If the Equipment becomes unsafe or in disrepair:
- the Customer will discontinue using it;
- the Customer will immediately notify CNL;
- CNL will, if replacements are available, replace the Equipment but will not have any other obligation to the Customer; and
- The Customer agrees that CNL is not responsible or liable for any incidental or consequential damages caused as a result of the Equipment becoming unsafe or in disrepair or for any delays that may occur.
RENTAL BY TIME: Rental rates are based on time and set by the day, week or month. The Customer agrees to pay to CNL the rates set out and:
- Time rental charges shall start when the Equipment is in the possession of the Customer and continue until the Equipment is returned and CNL has been made aware of the return during normal business hours.
- Additional rental charges accrue for usage over the regular use, at the same rate as for Time rental charges per day.
DELIVERY CHARGES: The Customer agrees to pay to CNL any delivery charge or pick up charge set out in the Contract.
DEPOSIT: The parties agrees that any deposit which is paid to CNL pursuant to this agreement, shall be retained by CNL until the Equipment is returned and then:
- CNL may pay any balance owing to it pursuant to this Contract out of the deposit, and
- The balance, if any, will be repaid to the Customer in the same manner in which it was paid.
RESPONSIBILITY FOR EQUIPMENT: The Customer is responsible for the Equipment while out of CNL’s possession. The Customer agrees to:
- return the Equipment clean;
- return the Equipment in as good condition as when it left the premises of CNL (except for reasonable natural wear and tear)
- Pay an additional cleaning charge for Equipment returned unclean;
- Pay the cost to repair all damage to the Equipment;
- Pay the actual cost to replace any Equipment lost, stolen or damaged beyond repair; and
- Pay the rental rates for any Equipment from the time when it was scheduled to be returned until the Equipment is repaired or replaced and is ready for rental.
PAYMENTS AND INTEREST: The Customer agrees to pay all charges, Rental rates and other amounts payable under this Contract when the Equipment is scheduled to be returned or when otherwise requested by CNL. If any amounts are not paid when due, the Customer agrees to pay CNL interest on overdue amounts at the rate of 28% per annum, calculated daily.
PROHIBITED USES: The Customer will prevent all use of the Equipment EXCEPT use:
- By the Customer or the Customer’s employees at the location furnished to CNL;
- When the Equipment is in good repair and in a safe condition, and
- As specified by the manufactures in a legal, proper, safe and otherwise responsible manner.
EQUIPMENT AT CUSTOMER’S RISK: The Customer agrees that:
- the Equipment is rented on an “as is” basis without any representation or warranty of any kind (including whether it is fit for a particular purpose);
- It will use the Equipment entirely at the Customer’s own risk.
- CNL does not represent or warrant that the Equipment is free from defects or that it is suited for the Customer’s needs or intended use; and
- CNL did not make any other representations or warranties (whether oral or written, expressed or implied) whatsoever.
WAIVER, RELEASE AND INDEMNITY: The Customer accepts the full risk and responsibility for all injuries, death, property loss and damage, both to the Customer, its employees, agents and any third party, which in any way arises out of the condition or use of the Equipment, and the Customer:
- Waives and releases CNL, its employees and agents from all claims, demands, proceedings, obligations and liabilities whatsoever that it may have or ever have that involves the Equipment; and
- Indemnifies and saves harmless CNL, its employees and agents from and against all claims, demands, proceedings, obligations, liabilities and costs; resulting from any injuries, death, property loss or damage, either to the Customer, its employees, agents and any third party, which in any way arises out of the condition or use of the Equipment, even if caused or contributed to by the negligence or fault of CNL, its employees or agents.
REPOSSESSION: If the Customer fails to pay an amount due or in any other way, breaches this Contract, CNL may terminate this Contract and use reasonable force to repossess the Equipment from wherever it is. The Customer agrees that:
- none of CNL, its employees or agents will be liable for any such forcible repossession nor for any resulting losses or damages, and
- it will indemnify and save harmless CNL, its employees and agents from and against all losses, damages, claims, demands, proceedings, obligations, liabilities and costs which in any way arise out of breaches of this Contract by the Customer and CNL’s efforts to enforce its rights, and to seek remedies, to which CNL is or may be entitled.
REMEDIES CUMULATIVE: All rights and remedies of CNL are cumulative and not alternative.
ASSIGNMENT: CNL may assign this Contract without the Customer’s consent and upon the assignee agreeing to be bound by the Contract; CNL will be automatically released from all of its obligations and liabilities under this Contract.
- The Customer may NOT assign this Contract without CNL’s consent and any purported assignment of any of the Customer’s rights, obligations or liabilities under this Contract, without such consent are void.
TIME OF RETURN: The Customer’s right to possession of the Equipment terminates at the time set out in the contract or, if no time is set out, at the same time on the return date as the time the Customer took possession of the Equipment. Retention of the Equipment after this time constitutes a material breach of this Contract. Any extension must be mutually agreed upon in writing.