Terms & Conditions

IN CONSIDERATION OF the Terms in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, EZ Rentals and the Customer agree as follows:

  1. Rental Contract. Edmonton EZ Rentals (“EZ Rentals”) and the “Customer” named above agree that during the term of this Rental, Customer rents from EZ Rentals, the equipment described in the Rental Details, together with any parts, accessories, replacements, and additions, tangible, or intangible, now or later fixed (the “Equipment”) referenced in this Agreement (the “Agreement”). The Customer agrees to make the agreed payments and abide by the terms and conditions of this Agreement.
  2. Delivery.  EZ Rentals undertakes to deliver the Equipment to the Site (“Site” means the delivery address or place of use of the Equipment as mutually agreed to by EZ Rentals and the Customer). Delivery shall be deemed to have occurred at the time and place EZ Rentals offloads the Equipment at the Site and the Customer must either accept or reject delivery upon delivery of the Equipment to the Site. 
    1. EZ Rentals may request that the Customer, their agent, or employee provide government issued photo identification at the time of delivery. If the Customer requests assistance from EZ Rentals to transport the Equipment from the point of delivery at the Site to any other location within the Site, any such transportation is deemed to occur after delivery and at the direction, risk, and liability of the Customer.
    2. The Customer undertakes to be on Site upon delivery of the Equipment by EZ Rentals.  Delivery of the Equipment by EZ Rentals shall attract additional fees as will be agreed upon by the parties.  Additional fees will be charged to the Customer for any waiting time incurred by EZ Rentals because the Customer is not on Site.  
    3. The Customer shall ensure that the EZ Rentals’ agents/authorized personnel have unrestricted access to the Site during and only for the sole purpose of delivering and, where required, installing the Equipment. 
    4. The Customer undertakes that upon delivery of the Equipment and the acceptance of such delivery by the Customer, unless the Customer rejects the delivery immediately, such acceptance by the Customer shall be an acknowledgement that each component or part of the Equipment or the whole Equipment is complete, in good repair and working condition and in all ways fit for the purpose for which the Equipment was leased/rented.
    5. Arrangement for any delivery not contemplated in this Agreement shall be negotiated in writing and payable in advance of the service being provided by EZ Rentals.
  3. Acceptance Certificate. Upon delivery and acceptance of the Equipment, the Customer shall forthwith execute and deliver to EZ Rentals “Delivery and Acceptance Certificate” in form prescribed by the EZ Rentals, unless EZ Rentals, in its sole discretion, waives such execution and delivery by executing this Agreement prior to the receipt of such certificate and after the delivery of the equipment to the Customer.
  4. Permitted Use. Customer agrees that during the Term, EZ Rentals has no control over the operation of the Equipment by Customer or any third party that Customer implicitly or explicitly permits. The Customer shall use the Equipment in a careful and prudent manner and not for any unlawful purpose and shall, at the Customer’s expense comply with and conform to all applicable laws, and regulations (including laws and regulations concerning environmental matters) relating to the possession, use or maintenance of the Equipment. The Customer shall only use the Equipment in connection with its business or in the carrying on of the disclosed enterprise.
  5. Authorized Individuals.  Authorized Individuals are those individuals that Customer directly or indirectly allows to use the Equipment, are properly trained to use the Equipment and are not under the influence of any drugs, alcohol, or otherwise impaired.
  6. Representations. The Customer represents that throughout the term that:
    1. if the Customer is a body corporate, it is and will continue to be validly incorporated (or otherwise established), organized and existing and in good standing;
    2. it has all necessary power and authority to execute, deliver and perform this Rental, each such action:
      1. having been duly authorized by all necessary action of the Customer,
      2. not conflicting with any applicable law, the constating documents, resolutions or by-laws of the Customer or any indenture, instrument, agreement or undertaking to which it is a party or by which it is or any of its assets are or may become bound, and
      3. not resulting in the creation of any Encumbrance on the Equipment;
    3. this Rental is and will continue to be the legal, valid and binding obligation of the Customer, enforceable against it and effective against its creditors in accordance with its terms;
    4. there is no pending or threatened action or proceedings before any court, administrative agency or other tribunal that could have a material adverse effect on the Customer;
    5. financial statements and other related information furnished by the Customer to EZ Rentals are prepared in accordance with generally accepted accounting principles and fairly present the Customer’s financial position on their respective dates; and
    6. to evidence the foregoing, the Customer shall provide legal opinions, resolutions, and such other documents as EZ Rentals may request.
  7. Warranties. EZ Rentals warrants that, on the date this Rental commences, it is the owner of the Equipment, free and clear of any Encumbrance placed by EZ Rentals. EZ Rentals makes no warranty or representation whatsoever as to the durability, quality or condition of the Equipment or its suitability for the Customer’s purposes or as to any other matter whatsoever. Customer warrants that:
    1. prior to each use, Customer shall inspect the Equipment to confirm it is in good condition, without defects, includes readable decals and operating and safety instructions and is suitable for Customer’s intended use;
    2. Customer shall immediately notify EZ Rentals if the Equipment is lost, damaged, unsafe, disabled, malfunctioning, levied upon, threatened with seizure, or if any incident occurs;
    3. Customer has received from EZ Rentals, all information needed or requested regarding the operation of the Equipment;
    4. EZ Rentals is not responsible for providing training to the operator or other persons unless Customer specifically requests in writing and EZ Rentals agrees to provide such training (Customer being responsible to obtain all training that Customer requires prior to using the Equipment);
    5. only Authorized Individuals shall use and operate the Equipment;
    6. the Equipment and any attachments shall be used in a careful manner, in compliance with all operating and safety instructions provided on, in or with the Equipment, and in accordance with all applicable federal, provincial, municipal laws and bylaws as to its operation and that necessary permits and licenses are obtained; 
    7. the Equipment shall be kept secured and in a secure location; and
    8. the Customer shall not overload (by weight or volume), move or alter the Equipment, and shall use the Equipment only for its proper and intended purpose.
  8. Aerial Equipment (Mobile Elevating Work Platforms)
    1. The Customer acknowledges that, and for the benefit of EZ Rentals, the Customer has selected and carefully examined, inspected, and tested each and all Equipment listed and described in Schedule “A” to this Agreement and have found any and all parts of the Equipment to be in good and complete working order.
    2. The Customer acknowledges that the Equipment is fully functional, free from defects and otherwise in all ways acceptable and fit for the Customer’s intended use.
    3. The Customer further acknowledges that all Customer’s agents, personnel, employees and authorized users of the Equipment have received all applicable training including trainings regarding inspection, maintenance, use, application and operation of each of the Equipment.
    4. The Customer acknowledges that it has carefully reviewed the Agreement in its entirety and agrees to be bound by and to fully and timely always comply with each and such safety item/issue as contained in this Agreement.
    5. The Customer acknowledges that it has been informed by EZ Rentals of the need for fall protection equipment (“FPE”) and agrees to obtain and to use FPE, as required. The Customer assumes full responsibility for their use of FPE and represents that their use of FPE is with full knowledge of potential hazards associated with using the item(s) as well as potential hazards with failing to use the item(s).
    6. The Customer represents that if it is purchasing FPE from EZ Rentals, it has carefully inspected the FPE to be purchased and has found items to be in good working order and condition and has ensured that the FPE fits properly and that the FPE is in all ways acceptable.
    7. The Customer acknowledges that it has rented one or more “aerial work platform(s)”, “mobile elevating work platform(s)”, “platforms”, “aerial devices” lift(s) and or scaffolds under the terms and conditions contained in the Agreement.
    8. The Customer acknowledges and agrees that Canadian Centre for Occupational Health and Safety (CCOHS) requires all operators of the Aerial Work Platforms to use or wear fall arrest/protection/restraint equipment when operating such rented Equipment.
    9. The Customer understands that working at heights is an inherently dangerous activity and as such, the Customer shall indemnify and save harmless EZ Rentals from and against any and all claims, demands, liabilities, losses, costs, damages and expenses which may be suffered or incurred arising from any damage to or loss of property, or injury to or death of any person, arising from the use, operation, storage or transportation of the items at any time after its delivery to the Customer and prior to acceptance of its return by EZ Rentals.
    10. The Customer shall ensure that the following safety rules are complied with in the usage of the FPE items:
      1. ensure that all safety rules are posted in a conspicuous place and communicated to each user of the FPE and any/all items contemplated in this agreement;
      2. ensure that all users select and use the appropriate and proper machine/item for the job;
      3. carefully inspect all items and FPE regularly and before each use.  The Customer shall ensure that all users/operators never use any item(s) or FPE that is/are malfunctioning, defective, damaged, deteriorated or low on fuel; 
      4. survey the Site, perform a Site risk assessment and ascertain that the Site is in reasonably satisfactory condition, free from any and all obstacles, potential hazards associated with the use of the item(s), and watch out for-ground hazards and overhead objects; 
      5. establish, maintain and post a legally compliant safe use program and an emergency rescue plan on Site; and    the Customer in acknowledging this section of the Agreement, represents that it has received, carefully reviewed and fully understands all applicable instructions and warnings contained in this Agreement and further provided by EZ Rentals and all Safety Procedures, and Customer will comply with all terms, conditions associated with the use of the items and all other requirements contained herein.
  9. Term And Renewals. This Agreement shall be for the term described above (the “Term”). This Agreement shall not be modified, extended, terminated, or cancelled by either party except by further agreement in writing or as otherwise provided in this agreement. If the Customer fails to surrender the equipment at the end of the Term or any renewal, the Customer shall be deemed to have requested a renewal of this Rental for a period of three (3) calendar months on the same terms and conditions and EZ Rentals may, in its sole discretion:
    1. demand the surrender of the Equipment and exercise its rights and remedies for such non-compliance; or
    2. accept the Customer’s request to renew this Rental for a three (3) month period commencing on the end of the Term or the last renewal. Such acceptance may be evidenced in writing signed by EZ Rentals or by EZ Rentals continuing to invoice the Customer, withdrawing rental payments pursuant to a pre-authorized payment plan or otherwise accepting rental payments in respect of such renewal period. The Customer shall continue to have all of its obligations under this Rental during any such renewal period, including the obligation to pay EZ Rentals rental payments, as it had during the Term and all provisions of this Rental shall apply to any such renewal term.
  10. Default. In the event the Customer fails to pay any sum payable under this Agreement to EZ Rentals when due, or if the Customer shall fail to observe or perform any of its obligations, covenants, or conditions provided for in this Agreement, or if for any reason EZ Rentals deems itself unsecure, EZ Rentals may, at its own option, pursue some or all of the remedies provided in this Agreement, all of which remedies shall be non-cumulative. Each of the following is a default by the Customer (a “Default”):
    1. the Customer fails to make any rental payment or pay any other amounts due under this Rental within five (5) days after the same is due and payable; or
    2. the Customer fails to perform, observe or comply with any other obligation, term or condition on its part to be performed, observed or complied with; or
    3. any event of default occurs under any other rental or contract between EZ Rentals and the Customer or under any material agreement between the Customer and any other person; or
    4. any representation or warranty made by the Customer to EZ Rentals in or in connection with this Rental is incorrect; or
    5. the Equipment or any other part of it is subjected to an Encumbrance not caused by EZ Rentals, the Customer sells or attempts to sell or grant an Encumbrance on any part of Equipment or the value of EZ Rentals’ interest in the Equipment is materially impaired due to Loss; or
    6. the Customer makes any assignment for the benefit of its creditors, becomes insolvent, commits any act of bankruptcy, takes any action to wind up or dissolve, ceases or threatens to cease to do business as a going concern, is subject to a change in control in fact or in law or seeks any arrangement or composition with its creditors; or
    7. any proceeding in bankruptcy, receivership, winding-up, dissolution, liquidation or insolvency is commenced by or against the Customer or its property; or
    8. EZ Rentals in good faith believes and has commercially reasonable grounds to believe that the prospect of payment or performance by the Customer under this Rental is or is about to be impaired or the Equipment is or is about to be placed in jeopardy; or
    9. any guarantor of the Customer’s obligations disputes its obligations under its guarantee or seeks to determine its obligations or to terminate its guarantee of the Customer’s future obligations or becomes subject to any of the events in subclauses 10.1, 10.2, 10.3, 10.4, 10.6, or 10.7 of this clause.
  11. Effect of Default; Damages. A loss to EZ Rentals upon a Default is dependent in part on the cost of the Equipment to EZ Rentals, the Term and the minimum return expected by EZ Rentals from the sale or re-rental of the Equipment at the end of the Term. Upon any Default and in addition to EZ Rentals’ other rights and remedies under this Rental and otherwise available at law or in equity:
    1. the Customer shall pay forthwith (without notice) to EZ Rentals as liquidated damages, and not as a penalty, an amount (the “Liquidated Damages”) equal to the aggregate of:
      1. unpaid rental payments and other amounts payable but unpaid as of the date of Default, and
      2. the present value (calculated based on an interest rate of [six percent (6%)] per annum calculated and compounded monthly) of:
        1. the remaining rental payments payable from the date of Default to the end of the Term or, if applicable, any renewal, and
        2. amounts otherwise payable under the Rental to the end of the Term, or, if applicable, any renewal, and
        3. the greater of the purchase price for the Equipment pursuant to any end of Term, fair market value, and the amount of any residual interest which EZ Rentals may have in Equipment, and
      3. any enforcement costs incurred by EZ Rentals, and
      4. interests from the date of the Default until payment in full, to the extent that the Liquidated Damages are deemed to include any taxes which EZ Rentals is required to remit to any taxation authority, the Liquidated Damages shall be increased by the amount necessary to ensure that the net amount of the Liquidated Damages retained by EZ Rentals after remitting all applicable taxes will be equal to the amount calculated in paragraph 11.1 above.
    2. upon EZ Rentals’ demand, the Customer, at the Customer’s expense, shall forthwith surrender control of the Equipment to EZ Rentals as though the Term had expired;
    3. EZ Rentals may, immediately and without notice to the Customer or resort to legal process, take possession of and remove or disable the Equipment as though the Customer had failed to surrender such Equipment when required to do so.
    4. the rights of the Customer here in respect of the Equipment, including the right to use and possess the Equipment, shall cease and terminate absolutely without limiting the Customer’s liability or obligations.
    5. EZ Rentals may by notice in writing and without liability terminate this Rental or any other agreement EZ Rentals may have with the Customer.
    6. All rights and remedies of EZ Rentals, either under this Rental or at law or in equity or otherwise afforded to EZ Rentals, are cumulative and not alternative. EZ Rentals’ costs and expenses incurred as a result of a Default (“Enforcement Costs”) (including all costs and expenses in respect of collection, legal fees, repossession, repair of Equipment, enforcement of EZ Rentals’ rights or remedies, sale or re-rental costs or other realization costs) shall be paid by the Customer to EZ Rentals forthwith on demand, with interest accruing from the date such costs and expenses were incurred until payment in full.
  12. Payments. Customer will pay the required deposits (“Deposits”) before taking possession of the Equipment. EZ Rentals will refund Deposits to Customer if Customer has performed all its obligations under this Agreement.
    1. The Customer shall pay all charges, without setoff or deductions, monthly and, in any event, not later than 15 days from the date of invoice.  Customer shall pay interest on overdue accounts at the rate of eighteen (18%) percent per annum, calculated and compounded monthly, commencing on the first day of Term.  If all such amounts are not paid in full within a period of 15 days, EZ Rentals may, in its sole discretion, terminate this Agreement by notice to the Customer and may retrieve any Equipment at the Customer’s premises, all without limitation to EZ Rentals’ right to strictly enforce the terms of this Agreement.
    2. If at any time before delivery of the Equipment EZ Rental determines that it cannot fulfill the Customer’s order(s), EZ Rentals may rescind this agreement, without incurring any liability, and refund the Deposit, if any, to the Customer.
  13. Credit Approval. The Customer consents to EZ Rentals conducting a credit check and if EZ Rentals determines that the Customer’s credit record is not satisfactory to EZ Rentals, in its sole discretion and its sole option, EZ Rentals, may terminate this Agreement by notice.
  14. Subleasing. The Customer shall not sublet or part with possession or control of the Equipment or permit its use by any person other than the Customer or employees of the Customer who are qualified and competent to operate same. Neither this Rental nor the Customer’s rights shall be assigned by the Customer except with EZ Rentals’ prior written consent and no assignment shall release the Customer from its obligations.
  15. Insurance. During the Term, Customer shall maintain, at its own expense, with insurers acceptable to EZ Rentals, the following minimum insurance coverage:
    1. comprehensive all risks insurance on the Equipment for its full replacement value, such insurance to include:
      1. EZ Rentals as additional insured,
      2. a loss payable clause in favour of EZ Rentals as first payee, and
      3. a waiver of subrogation in favour of EZ Rentals,
    2. general public liability and property damage insurance with limits of liability equal to at least $1,000,000 per occurrence (or such greater amount as EZ Rentals may require from time to time), and such insurance shall:
      1. extend to all liabilities of the Customer arising out of its use or possession of Equipment,
      2. include EZ Rentals as additional insured, and
      3. include a cross-liability which insures each person insured in the same manner and to the same extent as if a separate policy had been issued to each, including coverage for Customer’s contractual liabilities in this Agreement;
    3. worker’s compensation insurance as required by law; and
    4. automobile liability insurance (including comprehensive and collision coverage, and motorist coverage). The insurance shall not exclude boom damage or overturns. Prior to any rental and at any time upon EZ Rentals’ request, Customer shall provide EZ Rentals with certificates of insurance evidencing the coverages required above.
      1. The insurance shall name EZ Rentals as the first loss payee and will provide primary and non-contributing coverage for EZ Rentals.
      2. The insurance policy shall have a provision that it will not be modified or cancelled unless the insurer provides EZ Rentals with thirty (30) days written notice stating when such modification or cancellation will be effective.
      3. If EZ Rentals omits to enforce this insurance requirement, all insurable risks shall never-the-less be exclusively borne by the Customer and all eventual occurrences shall be the sole responsibility of the Customer.
  16. Failure to Insure. If the Customer fails to fulfill its insurance obligations, then, without prejudice to EZ Rentals’ other rights and remedies, EZ Rentals shall have the right, but not the obligation, to procure insurance covering EZ Rentals’ interests (but not the Customer’s interest) in the Equipment, in such form and amount and with such insurers (including an insurer affiliated with EZ Rentals) as EZ Rentals shall determine from time to time, all at the Customer’s expense. Such expense (the “Insurance Expense”) shall include the cost of acquiring such insurance and any charges or fees for services associated with the placement, maintenance, or service of such insurance, plus interest accruing on such expense at the interest rate provided herein for overdue amounts until such expense is reimbursed by the Customer to EZ Rentals. The Customer shall pay the Insurance Expense to EZ Rentals in equal installments at the same time and in the same manner as the remaining rental payments.
  17. Location and Inspection. The Customer shall maintain the Equipment at the Location specified in the Rental Details and shall not move the Equipment from such location without the prior written consent of EZ Rentals. EZ Rentals shall have the right to inspect the Equipment and the Customer’s Maintenance, insurance, and tax records at any time and at all locations.
  18. Title and Identification. The Equipment is and shall always be and remain the sole personal and movable property of EZ Rentals, shall not be affixed or attached to or otherwise become a fixture or accession to any lands, buildings or chattels and the Customer shall have no right, title, or interest in or to the Equipment except as expressly set forth in this Agreement. The Customer shall not allow the Equipment to become subject to any claim, privilege, lien, charge, encumbrance, levy, security interest, mortgage, pledge, hypothecation, seizure, trust, attachment, judicial process, ownership interest, license, subrental, or other right in favour of any person (in any such case an “Encumbrance”) unless such Encumbrance is placed by EZ Rentals. At EZ Rentals’ request, the Customer shall at the Customer’s expense affix and maintain on the Equipment, in a manner and places satisfactory to EZ Rentals, labels, plates or other marks supplied by EZ Rentals to identify the Equipment as property of EZ Rentals.
  19. Return of Equipment.  At the end of the Rental Period, the Equipment shall be returned to EZ Rentals in the same condition it was received, less ordinary wear and tear and free of any hazardous materials and contaminants.
    1. The Customer shall return all rented electric Equipment clean and fully charged and all Equipment requiring fuel, clean and with a full tank of fuel. If the Customer fails to comply, the Customer shall pay a flat fee of $200 to EZ Rentals to complete this condition. This fee can be automatically up-charged after the return of the rental equipment. The Customer understands and agrees that they are responsible for the condition of the Equipment upon its return, and will be held accountable for any damages or fees resulting from their failure to comply with this term. Customer will continue to be responsible for rental fees and other charges after the Rental Period if the Equipment is not returned to the condition required.
    2. If EZ Rentals delivered the Equipment to Customer, Customer will notify EZ Rentals that the Equipment is ready to be picked up at the Site, provided Customer remains liable for any loss, theft, damage to or destruction of the Equipment until EZ Rentals confirms that the Equipment is returned to the condition required. 
    3. If the Equipment is not returned by the end of the Term the Customer agrees to pay the additional applicable rental rate for the Equipment until the Equipment is returned, plus any late payment fees.
  20. Liability for Equipment. The Equipment furnished by EZ Rentals shall remain the property of EZ Rentals and the Customer shall have no interest in such equipment.  The Customer shall be responsible for all loss or damage to the Equipment except for normal wear and tear and/or for loss or damage resulting from EZ Rentals’ handling of the Equipment, except as otherwise provided in this Agreement. Until this Agreement is terminated and the Customer’s obligations are discharged in full (including the return of the Equipment), the Customer will bear the entire risk of loss, damage, destruction, theft, seizure or governmental taking of the Equipment or any part of it (any such case being a “Loss”), regardless of whether it is caused by any default or neglect of the Customer. No Loss shall relieve the Customer of its obligations.
  21. Maintenance.  The Customer agrees that all maintenance and repairs required to be done to the Equipment are its sole responsibility and, unless EZ Rentals otherwise consents in writing, the Customer shall return the Equipment to EZ Rentals for all such maintenance and mechanical repairs.  If EZ Rentals consents to maintenance and repairs being done elsewhere, such shall be performed only by qualified personnel, using parts approved by the manufacturer of the Equipment.
  22. Limitation of Liability.  It is understood and agreed that EZ Rentals shall not be liable or accountable to the Customer for any loss, expense or damage of any nature or kind whatsoever that the Customer sustains directly or indirectly resulting from the mechanical failure of the Equipment or from any delay in delivery of the Equipment or from loss or interruption in the use of the Equipment while repair or maintenance work is being performed.  The Customer covenants and agrees that EZ Rentals has made no representations or warranties respecting the suitability of the Equipment for any particular purpose or use and that the Customer has relied on its own skill and judgment in the selection of the Equipment.
  23. Substitution of Equipment. The Customer agrees that EZ Rentals may at any time replace or substitute the Equipment with similar Equipment in comparable condition.  Where such replacement or substitution is made, all the provisions of this Agreement shall continue in full force and effect with the substituted description of the Equipment.  If the Customer had procured any insurance, the Customer shall immediately arrange a transfer of insurance to such replacement or substituted Equipment and provide proof to EZ Rentals.
  24. Failure to Perform. In the event the Customer fails to pay EZ Rentals all amounts which become due under this Agreement, or fails to perform its obligations, the Customer agrees to pay any and all costs and expenses incurred by EZ Rentals as a result of taking any action to enforce its rights, including legal fees on a solicitor and own client basis.  If the Customer is in default of any of the terms and conditions of this Agreement, or becomes insolvent or is placed in receivership or becomes bankrupt, EZ Rentals may, at its option:
    1. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand;
    2. Apply the Deposits toward any amount owing by the Customer;
    3. terminate this Agreement without notice and take possession of the Equipment wherever located;
    4. and may pursue all other rights and remedies as are available to EZ Rentals at law or under this Agreement.
  25. Indemnity. The Customer agrees to indemnify, defend, and hold harmless EZ Rentals against all claims, damages, suits, penalties, fines and liabilities for injury or death or loss or damage to property arising out of the Customer’s use, operation, or possession of the Equipment. The Customer further covenants and agrees to indemnify and save harmless EZ Rentals, its shareholders, directors, agents, and employees from and against all fines, penalties, losses, costs, charges, expenses and damages (including costs and legal fees on a solicitor-and-own-client basis) of every nature and kind whatsoever resulting from, caused by or contributed to, or arising out of, or in connection with, the use or operation of the Equipment.
  26. Assignment. The Customer shall not assign this Agreement without the prior written consent of EZ Rentals. EZ Rentals may at any time and from time to time assign this Agreement without the consent of the Customer.
    1. EZ Rentals’ assignee shall be entitled to enforce the rights and remedies and to receive all benefits that would otherwise accrue to EZ Rentals. The Customer agrees not to assert against the assignee any claim by way of abatement, defence, set-off, compensation, counterclaim, or the like which the Customer may have against the original EZ Rentals.
    2. Upon notice of an assignment the Customer shall unconditionally pay to such Assignee all rental payments and other amounts due and shall not assert any defence against such assignee in any action for rental payments or any amounts due and payable, except the defense of payment to the Assignee.
    3. The Customer acknowledges that this Agreement and the Equipment is subject to any rights or security interest that EZ Rentals may grant to its bank or other financial institution.  In addition, the Customer shall not part with possession or the Equipment or sub-let the Equipment under any circumstances without the prior written consent of EZ Rentals.
  27. Name Change. The Customer shall promptly notify EZ Rentals in writing of:
    1. any proposed change in the Customer’s name;
    2. any proposed transfer, authorized or unauthorized, by the Customer of any interest in or benefit from the Equipment;
    3. any change, authorized or unauthorized, by the Customer in the location of any Equipment; and
    4. any change in the location of the Customer’s Head Office specified above.
  28. Additional Equipment. EZ Rentals and the Customer may agree from time to time to rent additional equipment pursuant to these Terms and Conditions. The particulars to the initial transaction set forth in the above rental details shall not apply to subsequent transactions but the Terms and Conditions, invoice option and the customer information of this Agreement are incorporated by reference into each transaction schedule and shall apply, mutatis mutandis, to the transaction specified in such transaction schedule.
  29. Force Majeure.  Neither party shall be liable for its failure to perform or delay in performance of its obligations due to contingencies beyond its control, including but not limited to, strikes, riots, fires, and acts of God (except for any obligations to make previously owed payments to the other Party hereunder), provided that:
    1. If the force majeure affects the performance of the contract, the party that is subject to force majeure shall promptly notify the other party and submit to the other party a sufficient and valid proof of force majeure within 15 days after the end of force majeure and the expected duration of the adverse effects resulting from such force majeure. Otherwise, the corresponding liability shall not be waived.
    2. If the agreement cannot be performed due to force majeure, the responsibility shall be exempted in part or in whole according to the influence of force majeure. However, if force majeure occurs after the party delays performance, the party shall not be exempted from liability.
    3. The affected party shall use all practicable and reasonable efforts to eliminate or mitigate the impacts of the force majeure event on performance of its obligations. If force majeure lasts longer than 60 days and the parties fail to reach a resolution to continue to perform this Agreement, either party has the right to terminate this Agreement by giving written notice to the other party.
  30. Notices. Any notice required or permitted to be given  must be in writing and will conclusively have been deemed to have been received by its recipient on the business day it is delivered in -person or if sent by facsimile transmission to a party at the address indicated on the first page of this Agreement (or at such other address as such party specifies to the other party in writing) or, if sent by registered mail, provided there is no interruption in postal services, on the fifth business day after the day of mailing, addressed to such party at such address.
  31. Governing Law. This Agreement shall be governed by the laws of the Province of Alberta and the applicable laws of Canada. or, at the option of EZ Rentals, the province in which the use of this equipment was originally intended and Customer hereby attorns to the jurisdiction of the courts of such province(s) as EZ Rentals selects.
  32. Severability. Any provision of this Agreement prohibited by or unlawful or unenforceable under any applicable law shall, at the sole option of the EZ Rentals, be ineffective without invalidating the remaining provisions of this Agreement; provided, however, that to the extent that the provisions of any such applicable law can be waived, they are hereby waived by the Customer.
  33. Waiver.  No waiver by any party of any breach by the other party of any of its covenants, obligations and agreements in this Agreement shall be a waiver of any subsequent breach of any other covenant, obligation, or agreement, nor shall any forbearance to seek a remedy for any breach be a waiver of any rights and remedies with respect to such or any subsequent breach.
  34.  No Partnership. Nothing in this Agreement shall be deemed in any way or for any purpose to constitute the parties as partners in the conduct of any business.
  35. Enurement. Subject to the terms in this agreement, this Rental Agreement shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors, permitted assigns and legal representatives.
  36. Interpretation. Whenever the context of this Agreement so requires, the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine and neuter genders. Time is of the essence of this Rental and each of its provisions. Headings are for convenience of reference only and do not affect interpretation.
  37. Binding Effect. This Agreement shall constitute a legally binding contract between EZ Rentals and the Customer and their respective heirs, executors, successors and permitted assigns in accordance with the terms and conditions set forth in this Agreement.  This Agreement supersedes all prior agreements between the parties, if any. The “Effective Date” of this Agreement shall be the earlier of the first day the Equipment is provided under this Agreement or the first day of execution of this Agreement, and this Agreement shall remain a legally binding contract between the parties.
  38. Acceptance. Acceptance of this Agreement and any amendments to it must be in writing and signed by an authorized person on behalf of EZ Rentals in order to be binding on EZ Rentals.
  39. Entire Agreement.  The parties agree that this Agreement is the complete Agreement and shall supersede any previous contract or verbal discussions or agreements made by both EZ Rentals and the Customer.  
    • I have read and understood the terms and conditions of this Agreement and I agree to be bound by this agreement.
    • I have the express authority of the corporation/business, “the Customer”, to enter contracts on its behalf, and having read and understood the terms and conditions of this agreement, we agree to be bound by this agreement.