Rental Terms and Conditions

Georgian Bay RentAll Terms & Conditions

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1. RENTER’s acceptance of this contract or taking possession of the Equipment (whichever occurs first) shall be deemed acceptance of the terms.

2. RENTER shall perform routine maintenance on the Equipment, including routine inspections and

maintenance of fuel and oil levels, grease, cooling and fluid systems, batteries, tires/tracks, cutting edges,

and cleaning in accordance with the manufacturer's specifications, as applicable. If OWNER determines

that repairs to the Equipment are needed, other than ordinary wear and tear, RENTER shall pay the full

repair charges, and additional fees. No allowance will be made for any downtime or inconvenience caused

to RENTER by failure of any tires, tubes, wheels and/or associated Equipment.

3. The RENTER shall pay the OWNER full compensation for replacement and/or repair of any Equipment

which is not returned because it is lost or stolen or any Equipment which is damaged and in need of repair

to put it into the same condition it was in at the time of rental, normal wear and tear excepted. The

OWNER’s invoice for replacement or repair is conclusive as to the amount RENTER shall pay under this

paragraph for repair or replacement.

4. The RENTER shall not remove the Equipment from the address of the RENTER or the location shown

herein as the place of use of the Equipment without prior written approval of the OWNER. The RENTER

shall inform the OWNER upon demand of the exact location of the Equipment while it is in the RENTERS’s possession.

5. The Equipment shall be delivered to RENTER and returned to OWNER at the RENTER’s risk, cost and

expense. If a periodic rental rate is charged by OWNER, rental charges are billed to the RENTER for each

period or portions of the period from the time the Equipment is delivered to RENTER until its return. If a

term rental rate is charged by OWNER, rental charges are billed to the RENTER for the full term even if the Equipment is returned before the end of the term. If the Equipment is not returned during or at the end of the term, then the rental charges shall continue on a full-term basis for any additional term or portion

thereof until the Equipment is returned.

6. No allowance will be made for any rented Equipment or portion thereof which is claimed not to have been used. Acceptance of returned Equipment by OWNER does not constitute a waiver of any of the rights

OWNER has under the rental agreement.

7. The RENTER shall allow OWNER to enter RENTER’s premises where the rented equipment is stored or

used at all reasonable times to locate and inspect the state and condition of the rented equipment. If the

RENTER is in default of any of the terms and conditions of this agreement, the OWNER, and his agents, at

the RENTER’s risk, cost and expense may at any time enter the RENTER’s premises where the rented

Equipment is stored or used at all times and recover the rented Equipment.

8. The RENTER shall not pledge or encumber the rented Equipment in any way. The OWNER may terminate this agreement immediately upon the failure of RENTER to make rental payments when due, or upon RENTER’s filling for protection from creditors in any court of competent jurisdiction, or if the OWNER determines the Equipment is being abuses in anyway shape or form beyond normal use.

9. The OWNER makes no warranties or conditions, either express or implied, as to any matter whatsoever,

including, without limitation, the condition or quality of the Equipment, its merchantability or fitness for a

particular purpose, or that it is suited for the RENTER’s intended use. RENTER hereby waives all claims

against the OWNER for any losses which RENTER may have against OWNER, either directly or indirectly, by reason of the condition of the Equipment or its suitability for any particular purpose.

10. RENTER indemnifies and holds OWNER harmless for all injuries or damage of any kind for repossession and for all consequential and special damages for any claimed breach of warranty.

11. The RENTER shall pay all reasonable attorney and other fees, the expenses and costs incurred by

OWNER in protection of its rights under this rental agreement and for any action taken OWNER to collect

any amounts due to the OWNER under this rental agreement.