This Rental Agreement ("Agreement") is made between Metro Systems Ltd., a corporation organized and existing under the laws of British Columbia, with its principal place of business at 11517 132a St, Surrey, BC V3R 7S2 (hereinafter referred to as "The Company"), and the customer (hereinafter referred to as "The Customer"), whose details are provided during the rentout process. By entering into this Agreement, making a rental, or creating an account with The Company, The Customer acknowledges and agrees to be legally bound by the terms and conditions set forth herein.
- Rate of Rental
- The rental rate for the equipment is as specified in the rental agreement at the time of rental and is subject to change only as agreed upon in writing or verbally by both parties.
- Period of Rental
- The rental period is as specified in the rental agreement and commences on the date the equipment is provided to The Customer and terminates on the date the equipment is returned and accepted by The Company.
- Loading, Unloading, and Transportation
- The Customer assumes all responsibility and bears all costs associated with the transportation of the rented equipment to and from The Company’s warehouse. The Company may use a third-party courier for transportation, and The Customer agrees to pay a fair markup on these costs as determined by The Company. "Fair markup" will be clearly documented and provided in the invoice.
- The Company is not liable for any delays, miscommunications, or other issues caused by the third-party courier. This includes but is not limited to, delays in delivery to job sites or addresses requested by The Customer. If The Customer requests a specific delivery deadline, The Company will communicate this request to the third-party courier, but The Company cannot guarantee timely delivery and is not responsible for any consequences resulting from delays.
- Equipment Value
- The fair market value of the rented equipment is agreed upon by both parties and will be used to determine any compensation required in the event of loss or damage. This value will be determined before the equipment is rented out by The Company.
- Equipment Return
- Notification verbally of the equipment’s availability for return does not constitute the return of the equipment. The Customer remains liable for the equipment until it is physically returned and accepted by The Company. Acceptance is determined by The Company's inspection of the equipment.
- Operation & Maintenance
- The Customer agrees to:
- Not alter, remove, or obscure any markings, serial numbers, or insignia on the equipment.
- Employ only qualified and competent operators for the equipment.
- Ensure the equipment is not subjected to rough or careless use.
- Store the equipment in a weatherproof and secure location during the rental period.
- Title
- The title to the rented equipment remains vested in The Company at all times. The Customer shall not permit any liens or claims to be imposed on or attached to the equipment.
- Termination of Agreement
- The Company reserves the right to terminate this Agreement and repossess the equipment without liability for trespass in the event that The Customer:
- Defaults on any payment obligations,
- Becomes insolvent or bankrupt,
- Fails to maintain the equipment in accordance with the terms of this Agreement.
- Upon repossession, the equipment will be returned to The Company’s premises or another location as specified by The Company.
- Insurance
- All rental vehicles are insured under Metro Systems ICBC Fleet Insurance. This insurance does not cover damages, theft, or acts of God. The Customer remains fully liable for all such damages and fees.
- Liability
- The Customer assumes all risk and liability for the operation, handling, and transportation of the equipment during the rental period and agrees to indemnify and hold The Company harmless from any claims, damages, or liabilities arising therefrom.
- Condition of Equipment
- The Company reserves the right to refuse acceptance of returned equipment that is damaged or not in a reasonably clean condition. Rental charges may continue to accrue until the equipment is returned in an acceptable condition. Additional charges for cleaning or repairs may be added to the final invoice. Equipment returned in an unrentable state will continue to incur rental charges until it is repaired and restored to a rentable condition.
- Fuel of Rentals
- The equipment must be returned with the same amount of fuel as at the commencement of the rental period. Failure to return the equipment with the same fuel level will result in additional charges for fuel and associated labor.
- Rental Definitions
- Daily Rate: A 24-hour period.
- Weekly Rate: A period of 7 days.
- Monthly Rate: A period of 28 days.
- An "unrentable state" is defined as a condition where the equipment cannot be rented out to other customers due to damage, excessive wear, or being excessively dirty.
- Legal Claims
- If legal claims arise, they shall be brought in the Surrey Courthouse, located at 14340 57 Ave, Surrey, BC V3X 3A2.