NORTHWELL RENTALS (LLOYDMINSTER) INC.

6401 – 63 Avenue
LLOYDMINSTER, AB T9V 3T6

780-875-6604

Rental Agreement Terms and Conditions

This Rental Agreement Terms and Conditions applies to Northwell Rentals (Lloydminster) Inc. (the “Company”) and the Customer renting the equipment, are subject to the following terms and conditions:

1. Assumption of Risk, Release of liability and Indemnification

The Customer assumes all risk and releases the Company, and all Company employees, from any liability or claim arising from the equipment. The Customer will indemnify and save harmless the Company, and all Company employees, from any and all liability arising from any injury, loss or damage to persons, property (belonging to the Customer or which the customer is lawfully in occupation of), or economic interest occurring directly from the equipment.

2. Rental Equipment

2.1 Rental Equipment Warranties: The Company warrants that all Rental Equipment shall, upon delivery to the Customer, (i) be clean and in good mechanical condition; (ii) be capable of operating in accordance with its rated capacities and capabilities when operated in accordance with the Company and/or Manufacturer’s specifications, and (iii) comply with the requirements of all Applicable Laws. The Company makes no other representations or warranties whatsoever with respect to Rental Equipment, herby expressly disclaiming any and all other warranties, expressor implied, including any warranty that the Rental Equipment will be merchantable or suitable for any particular use or purpose.

2.2 Rental Rates: Rental begins when the Rental Equipment leaves the Company’s yard and continues until returned thereto. This agreement is made and shall be effective when the equipment is delivered to the Customer or the carrier, unless otherwise agreed to by Company.

2.3 Delivery and Inspection: Unless otherwise specified, the Company shall, at the Customer’s expense, deliver all Rental Equipment to the work site specified in the order. The Customer shall conduct a thorough visual inspection of all Rental Equipment upon its delivery to the work site and shall promptly notify the Company of any apparent defects or deficiencies therein or damages thereto. Within 24 hours of its first use of the Rental Equipment, the Customer shall notify the Company, in writing, if same is non-operational by reason of a latent defect not discoverable from a thorough visual inspection. If the Customer timely notifies the Company that the Rental Equipment is defective or non-operational, the company shall repair or replace the Rental Equipment, at the Company’s expense, within 24 hours of its receipt of such notice, or as soon as reasonably practical under the circumstances.

2.4 Use and Control: The Customer shall have and assume all responsibility for the care, custody and control of the Rental Equipment after delivery and until its return, and agrees to use and operate the Rental Equipment in a careful and prudent manner, using only competent and properly trained operators, and only in accordance with the Company and/or Manufacturer specifications, and in accordance with Applicable Laws. The Customer shall not move the Rental Equipment from the specified work site, sublease the rental equipment or allow any Third Party to operate such equipment without the prior written consent of the Company. The Customer shall not modify the Rental Equipment without the Company’s prior written consent, and shall not change, alter or remove any insignia, serial number or lettering of or on the same, or affix any of its own markings or insignia thereto. The Customer shall carry broad form physical insurance on all equipment.

2.5 Routine Maintenance and Parts: Unless otherwise specified, the Customer shall have sole responsibility for the installation, routine inspection, service and maintenance of the Rental Equipment, and shall be responsible for providing, and assuming the costs of, any materials necessary to service and maintain the Rental Equipment during the rental period. The Rental Equipment shall be serviced by trained and qualified Customer personnel or by the repair facility designated by the Company. All parts and other materials employed by the Customer to service and maintain the Rental Equipment shall conform to the Company and/or Manufacturer specifications. The Customer shall maintain a maintenance log indicating the details of all maintenance and service performed on the Rental Equipment, and shall provide a copy thereof to the Company upon request.

2.6 Replacement Parts; Service Technician: Should the Rental Equipment fail at any time during the rental period and the Customer be unable to repair same, the Customer shall notify the Company immediately, and the Company shall, as soon as reasonably practical under the circumstances, (i) ship any necessary replacement parts and/ or repair items to the work site, and (ii) if requested by the Customer, dispatch a qualified technician to repair the equipment. Should the Rental Equipment failure be a result of normal wear and tear, all costs and expense related to repairing the Rental Equipment shall be borne by the Company. Should the Rental Equipment fail due to any other reason, any and all costs/expense will be charged to the Customer.

2.7 Return of Rental Equipment: The Customer will return the equipment to the Company is the same condition as received (ordinary wear and tear excepted). The Customer shall pay or reimburse the Company for the costs of any inspections performed by the Company or any Third Party engaged by the Company for that purpose.

If the Rental Equipment is lost, damaged or otherwise not returned in the same condition as received by the Customer (ordinary wear and tear excepted), the Customer shall pay the Company the lesser of (i) all costs incurred by the Company to restore the same to such condition, or (ii) its Replacement Price (plus applicable taxes and shipping costs). The Customer will pay the Company the lost rental time at the rental rate in this agreement until the equipment is repaired or replaced as the case may be. Rental payments shall not apply to the cost of repair or replacement.

2.8 Rental Equipment Default: Should the Customer fail to timely pay any amounts due to the Company, or otherwise fail to comply with its obligations with respect to the Rental Equipment, the Company or its agent shall have the right to enter upon the Customer’s premises or work site to take possession of the Rental Equipment, with or without judicial process. The Company taking possession of the Rental Equipment shall not constitute a termination of the order under which the Rental Equipment was furnished, and shall not relieve the Customer of its obligations under the provisions of section 2.7 above.

2.9 Cancellation of Rental Equipment Orders: If the Customer cancels an order for Rental Equipment prior to commencement of the rental period, it shall nonetheless pay or reimburse the Company for all testing, inspection and/or other make ready costs incurred by the Company prior to its receipt of the notice of cancellation. If the Customer cancels an order for Rental Equipment prior to the end of the rental period, it shall remain liable for its obligations under the provisions of Section 2.7 above.

3. Invoicing and Payment Terms

3.1 Invoicing: The Company may invoice the Customer for rental of the equipment at any time during or after the rental terms.

3.2 Payment Terms: All charges are due net 45 days, and are payable at the address as listed in the “Remit Payment To” section on the Invoice.

3.3 Costs: The Customer shall pay all costs associated with collecting the amounts owing under this agreement including legal costs.

By Accepting the delivery of the Rental Equipment, you hereby agree to the terms and conditions.

Extenuating circumstances may alter the above terms and conditions, if arranged prior to termination of rental.

All prices subject to change without notice.

PRICES EFFECTIVE FEBRUARY 1, 2023.