Terms and Conditions
A Legal Disclaimer
1. RENTAL TERM AND PICKUP
The rental term commences when the Equipment leaves the Lessor’s premises and ends when it is returned to and accepted by the Lessor.
• Standard Pickup Time: 4:00 PM (unless otherwise arranged).
• Return Time: Equipment must be returned by the date and time specified in Schedule A. Late returns will be charged an additional full day’s rental rate for each day or portion thereof.
2. CANCELLATION AND RETURN POLICY
• Cancellation Notice: The Lessee must provide notice of cancellation at least 48 hours prior to the scheduled rental commencement date.
• Late Cancellation Fee: If the rental is cancelled with less than 48 hours' notice, the Lessor reserves the right to retain the full Security Deposit ($500.00) or charge 50% of the Total Rental Fees, whichever is greater, as liquidated damages and not as a penalty.
(Note: This replaces the previous 10% clause to protect revenue).
• Deduction: The Lessee explicitly authorizes the Lessor to deduct this Cancellation Fee directly from the Security Deposit held or the credit card on file.
• Early Return: No refunds will be issued for equipment returned earlier than the scheduled end date unless agreed to in writing by the Lessor.
3. PAYMENT AND DEPOSIT
• Deposit: A mandatory security deposit of $500.00 CAD is required at the time of booking.
• Pre-Payment: For rentals of less than two (2) full days, the full estimated rental cost plus the deposit must be paid in advance.
• Credit Card Authorization: The Lessee explicitly authorizes the Lessor to charge the credit card on file for any and all costs associated with this rental, including but not limited to rental fees, damages (parts and labor), cleaning fees, fuel surcharges, cancellation fees, legal fines, and recovery costs.
4. PERMITTED USE AND HOUR LIMITS
• 8-Hour Limit: The Daily Rental Rate covers a maximum of eight (8) hours of engine running time per 24-hour period (as recorded by the equipment hour meter).
• Overage Charge: Any usage exceeding 8 hours per day will be billed at $100.00 CAD per hour.
• Authorized Operators: Equipment may only be operated by the Lessee or their designated employees who are at least 18 years of age, hold a valid government issued ID/Driver’s License, and are competent in the safe operation of the equipment.
5. FUEL AND CLEANING
• Fuel Policy: Equipment is provided with a full tank of fuel. The Lessee must return the equipment with a full tank.
o Fuel Charge: If returned with less than a full tank, the Lessee will be charged $3.00 CAD per liter to refill it.
• Cleaning Policy: Equipment must be returned in a clean condition, free of excessive mud, dirt, debris, concrete, or hazardous materials.
o Cleaning Fee: A minimum $250.00 CAD cleaning fee will be charged if the equipment is returned dirty.
6. TRAILER RENTALS AND TOWING
• Weight Limits: The Lessee is solely responsible for ensuring the load does not exceed the manufacturer’s Gross Vehicle Weight Rating (GVWR) or legal road limits.
• Towing Vehicle: The Lessee warrants that their towing vehicle is legally and mechanically capable of towing the rented trailer and load and must provide proof of valid insurance.
• Liability: Any fines, penalties, or damages resulting from overloading, improper loading, or towing are the sole responsibility of the Lessee.
7. MAINTENANCE, DAMAGE, AND REPAIRS
• Inspection: The Lessee acknowledges receiving the equipment in good, safe, and working order.
• Daily Maintenance: The Lessee is responsible for daily checks of fuel, oil, water, and hydraulic fluid levels, and for greasing the equipment daily where required.
• Damages: The Lessee is fully responsible for any loss, theft, damage, or destruction of the equipment during the rental period.
• Repair Costs: Charges for damages will include the full cost of parts and labor (at current shop rates) required to restore the equipment to its original condition.
• Tire/Track Damage: The Lessee is fully responsible for all tire or track damage and repairs (e.g., flats, punctures, cuts).
8. INSURANCE AND INDEMNIFICATION
• Proof of Insurance: The Lessee must provide proof of valid Comprehensive General Liability insurance covering the use of the equipment with a limit of not less than $2,000,000 CAD per occurrence. For trailers, proof of valid automobile insurance for the towing vehicle is required.
• Indemnity: The Lessee agrees to indemnify, defend, and hold harmless Mini Muscle Rentals (Lessor) from any and all claims, liabilities, losses, costs (including legal fees on a solicitor and client basis), fines, and penalties arising out of the use, operation, possession, or transportation of the equipment.
• Sole Risk: The Lessee assumes all risk associated with the equipment. The Lessor is not liable for any downtime, lost profits, personal injury, or consequential damages resulting from equipment failure.
9. PERSONAL PROPERTY SECURITY ACT (PPSA)
The Lessee acknowledges that this Agreement creates a security interest in the Equipment in favor of the Lessor. The Lessee authorizes the Lessor to register a financing statement under the Personal Property Security Act (Manitoba) or similar legislation in any jurisdiction to protect the Lessor’s interest in the Equipment. The Lessee waves the right to receive a copy of any verification statement confirming the registration of a financing statement.
10. RIGHT OF ENTRY AND REPOSSESSION
In the event of default, non-payment, or breach of any term of this Agreement, the Lessor shall have the right to terminate this Agreement immediately and retake possession of the Equipment. The Lessee hereby grants the Lessor and its agents the right to enter upon any premises where the Equipment is located for the purpose of repossession, without notice
and without liability for trespass or damage caused by such entry. The Lessee agrees to pay all costs associated with such repossession.
11. PRIVACY AND DATA CONSENT (PIPEDA)
The Lessee consents to the collection, use, and disclosure of their personal information (including Driver’s License and Credit Card details) by the Lessor for the purposes of entering into this Agreement, verifying identity, processing payments, and enforcing the terms of this Agreement. The Lessor agrees to protect this information in accordance with
the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable Manitoba privacy laws.
12. ENVIRONMENTAL LIABILITY
The Lessee shall strictly adhere to all federal, provincial, and municipal environmental laws. The Lessee agrees to indemnify the Lessor against any and all liability, costs, damages, and expenses (including cleanup and remediation costs) arising from the release, spill, or discharge of any hazardous substances, fuel, or oils generated or caused
by the Equipment while in the Lessee’s possession.
13. SEVERABILITY AND FORCE MAJEURE
• Severability: If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remainder of this Agreement, which shall remain in full force and effect.
• Force Majeure: The Lessor shall not be liable for failure to deliver the Equipment due to causes beyond its reasonable control, including but not limited to acts of God, weather, fire, or supply chain interruptions.
14. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Province of Manitoba. The parties submit to the exclusive jurisdiction of the courts of Manitoba.