Equipment Rental Terms

These Terms apply to all rentals of Equipment by the Company, whether reserved online, by telephone or in person, and to light trailers, medium-duty trailers (including gooseneck and fifth-wheel units), vehicles and machinery.

• If a written counter rental contract, rental agreement or work order is signed by the Renter for a specific rental, that signed contract prevails over these Terms in the event of a conflict, and these Terms supplement it for anything it does not address.
• Where no signed contract exists, these Terms alone govern the rental.
• Section headings are for convenience only. Each section is intended to be self-contained; if any provision is found invalid or unenforceable, the remaining provisions continue in full force.

To rent Equipment, the Renter must, at minimum:

• Be of the age of majority (18 years or older) and have full legal capacity to contract;
• Provide valid, current, government-issued photo identification;
• Hold a valid driver's licence of the class required by the SAAQ (Société de l'assurance automobile du Québec) to tow, drive or operate the Equipment rented, where a licence applies;
• Provide the security deposit required for the Equipment (see Section 3); and
• Satisfy any additional condition reasonably required by the Company for a given category of Equipment.

The Company may verify identity and licence status and may, in its reasonable discretion, decline a rental where an eligibility condition is not met. Only persons identified and approved by the Company are authorized to drive, use or move the Equipment.

A reservation is confirmed once the Company accepts it and any required payment or deposit is received. The Renter agrees to pay the rental price, applicable taxes and any additional fees set out in these Terms or in the signed contract. Rental prices, deposit amounts and fees vary by Equipment and rental period and are those in effect at the time of the rental. The Renter authorizes the Company to charge the payment method on file for amounts properly due under these Terms, to the extent permitted by law.

Security deposit. A security deposit is required before the Equipment is released. The amount varies by Equipment and is set by the Company.

• The deposit may be held (pre-authorized) or collected and is returned after the Equipment is inspected and accepted on return, less any amount properly owing.
• The Company may apply or withhold all or part of the deposit for, without limitation: damage, loss or theft; late return; cleaning; and missing fuel, as well as any unpaid fee or charge under these Terms.
• The deposit is not a limit on the Renter's liability. The Renter remains responsible for any amount that exceeds the deposit.

Cancellation. The Renter should notify the Company as early as possible to cancel or modify a reservation. Cancellation charges, if any, are those disclosed at the time of booking or in the signed contract. Nothing in this Section limits any cancellation right the law grants a consumer, and any charge applies only to the extent permitted by law.

The rental period, pickup time and return time are those stated at booking or in the signed contract. The Renter must return the Equipment on the agreed date and time, to the agreed place, in the same condition as received, subject to normal wear.

• Late return. Any return after the agreed time is a default and gives rise to additional fees at the Company's posted or agreed rates, in addition to any loss the Company suffers (including lost rental revenue where the Equipment was reserved by another customer).
• Cleanliness. The Equipment must be returned clean and free of debris and residue. Cleaning charges may apply where it is not.
• Fuel. Where the Equipment is supplied with fuel, it must be returned with the same fuel level as at pickup. Missing fuel may be charged, plus a reasonable refuelling handling fee.

At pickup, the Renter and the Company (or the Renter alone where a joint inspection is not practical) carry out a joint inspection of the Equipment. By taking possession, the Renter acknowledges receiving the Equipment in good working condition, suitable for the intended use, and free of apparent defect except as noted at that time.

A further inspection is carried out on return. The Renter is responsible for informing the Company of any pre-existing condition at pickup; any damage not noted at pickup and identified on return is presumed to have occurred during the rental. This Section does not waive the legal warranty of quality and durability owed to a consumer, which remains in force to the extent required by law.

The Renter must use the Equipment safely, lawfully and only for its intended purpose. The Renter is responsible for all use of the Equipment during the rental, including use by any person the Renter allows to access it. Without limitation, the Renter must:

• Respect the Equipment's load capacities and GVWR (Gross Vehicle Weight Rating) and all manufacturer limits, and never overload the Equipment;
• Follow all hitching, towing and coupling rules, verify that the towing vehicle is compatible and adequate (towing capacity, hitch, brakes, connectors), and confirm that trailer brakes, lights and safety chains function before use;
• Secure and properly restrain all loads in accordance with applicable load-securement standards;
• Comply with the Highway Safety Code, SAAQ requirements and all applicable laws, regulations and by-laws, including those on weight limits, dimensions and heavy-vehicle operation where they apply;
• Possess the competence, training and licence required to operate the machinery, lift or vehicle rented, and allow only qualified, authorized persons to operate it.

Prohibited uses. The Renter must not, and must not allow any person to:

• Sublet, lend, assign or transfer the Equipment to any third party;
• Modify, alter or transform the Equipment;
• Transport hazardous, dangerous, illegal or prohibited materials, or use the Equipment for any illegal purpose;
• Overload the Equipment or use it beyond its rated capacity;
• Use the Equipment off its intended purpose, off-road, or in conditions not intended by the manufacturer, without the Company's written authorization;
• Operate the Equipment while impaired by alcohol, drugs, medication or any substance affecting the ability to operate safely.

From pickup until the Equipment is returned and accepted by the Company, the Renter is liable for all damage, loss, theft, breakage or destruction of the Equipment, regardless of cause, except to the extent caused by the Company's gross or intentional fault. This liability includes, without limitation:

• The cost of repair, including parts, labour, diagnosis and expert assessment;
• Replacement at replacement value in the case of total loss, theft or destruction, including accessories and components;
• Towing, recovery and transport costs; and
• Lost rental revenue for the period the Equipment is out of service, plus reasonable administrative costs.

The Renter must immediately report to the Company any accident, damage, breakdown, loss or theft, and must notify the police and obtain a report where required (in particular for theft, vandalism or an accident involving injury or third-party damage). The Renter must cooperate fully in any resulting claim. These liability provisions apply to the extent permitted by law and do not extend the Renter's liability beyond what the law allows.

The Renter must hold and maintain, for the entire rental period, adequate and valid insurance covering:

• The rented Equipment (including fire, theft, vandalism, collision, and damage however caused);
• The Renter's civil liability; and
• Third-party damage arising from use of the Equipment.

The Renter's insurance is primary and applies before any coverage the Company may hold. The Company does not insure the goods transported by the Renter, nor the Renter's own civil liability. The Renter is responsible for any deductible, exclusion or shortfall in its coverage, and remains liable to the Company for any amount not paid by its insurer. Insurance held by the Renter does not limit the Renter's liability under these Terms. Where required, the Renter must provide proof of insurance before the Equipment is released.

The Renter acknowledges that the use, handling, transport and operation of the Equipment involve inherent risks, and voluntarily assumes those risks for itself and for any person it allows to use the Equipment.

To the fullest extent permitted by law, the Renter releases the Company, its directors, officers, employees, agents and representatives from liability for loss or damage arising from the Renter's use, possession, transport or operation of the Equipment. This release does not, and cannot, exclude liability for bodily or moral injury, or for the Company's gross or intentional fault, and it does not waive any mandatory right the law grants the Renter. Those protections remain in full force.

To the extent permitted by law, the Renter agrees to indemnify, defend and hold the Company harmless (together with its directors, officers, employees, agents and representatives) against any claim, demand, action, fine, penalty, loss, damage or expense — including reasonable legal fees — brought by a third party and arising, directly or indirectly, from the Renter's use, possession, transport or operation of the Equipment, or from the Renter's breach of these Terms. This indemnity does not apply to the extent a loss results from the Company's gross or intentional fault, or where it would exceed what the law permits.

If the Equipment breaks down or reveals a defect that is not attributable to the Renter, the Renter must stop using it immediately and notify the Company without delay. The Renter must not attempt unauthorized repairs.

The Company will, at its option and to the extent permitted by law, either provide replacement Equipment or refund the unused portion of the rental for the affected period. Except for what the law makes mandatory (including the legal warranty and liability for bodily or moral injury or gross or intentional fault), the Company is not liable for indirect, incidental or consequential damages, including lost profits or lost use, arising from a breakdown or defect.

To the fullest extent permitted by law, the Company's total liability arising from a rental is limited to the amount paid by the Renter for the rental concerned, and the Company is not liable for indirect, incidental, special or consequential damages.

These limitations do not apply to, and nothing in these Terms excludes or limits: liability for bodily or moral injury; liability for the Company's gross or intentional fault; or the legal warranty of quality and durability and other mandatory rights owed to a consumer. The Renter's mandatory rights under the Consumer Protection Act and the Civil Code of Québec remain fully in force, and this Section is to be read so as to remain valid.

Any breach of these Terms, non-payment, misuse of the Equipment, failure to return it on time, or provision of false information is a default. In the event of default, the Company may, to the extent permitted by law:

• Terminate the rental immediately;
• Repossess the Equipment wherever it is located, and recover reasonable costs of location, transport and recovery;
• Retain or apply the security deposit against amounts owing; and
• Exercise any other right or recourse available at law, including recovery of amounts due.

The Renter must not hinder or delay the Company's lawful repossession of the Equipment. Any amount that remains unpaid may bear interest and reasonable collection costs as agreed or as permitted by law.

These Terms are governed by and construed in accordance with the laws of the Province of Quebec and the applicable laws of Canada. Any dispute arising from a rental or from these Terms is submitted to the courts of the judicial district of Laval, Quebec, subject to any mandatory right a consumer has to bring proceedings elsewhere under applicable law.

Questions about these Terms or a rental may be directed to:

• Location Remorque Laval
• 1870 rue Cunard, Laval, Quebec H7S 2B2
• Telephone: 450-232-7828
• Email: info@locationremorquelaval.ca
• Website: www.locationremorquelaval.ca