Rental Terms And Conditions
Last updated: January 15, 2025
The following terms and conditions will govern the rental of the Equipment by Concept Controls to the Renter as described in the Equipment Rental Agreement to which these terms and conditions are attached (the “Agreement”):
Definitions: When used herein, the terms “End Date” “Rental Fees” and “Start Date” mean the terms referenced under those respective headings in the body of this Agreement.
Order Placement: Orders to rent Equipment may be placed in person or via e-mail or phone during Concept Controls regular business hours (8:00 a.m. to 5:00 p.m. MST) on Monday to Friday, except for statutory holidays in the Province of Alberta.
Rental Cancellation: Any standard order confirmation canceled more than 24 hours in advance of the Start Date, will not be charged for the Equipment rental. Any cancellations less than 24 hours will be subject the applicable Rental Rate for the Equipment, or such prorated amount of such applicable Rental Rate, as determined by Concept Controls in its sole discretion, and all other applicable shipping fees. The cancellation criteria for non-standard orders will be reviewed on a case-by-case basis and be based on the product and size of order. The Renter will be advised at the time of an order if it is a non-standard order and the cancellation criteria for the non-standard order.
Rental Period: (a) Unless otherwise stated, the term of this Agreement (the “Rental Period”) begins on the Start Date and ends on the End Date set out in the Agreement. (b) Neither the Start Date nor the End Date may be on a Saturday, Sunday or statutory holiday in the Province of Alberta. If the Start Date, End Date or any date calculated herein falls on Saturday, Sunday or statutory holiday, the operative date shall be pushed until the following business day without prejudicing the Renter or Concept Controls. (c) All Equipment must be returned to the Concept Controls facility by or before 5:00pm MST on the End Date or such other time determined by Concept Controls for a statutory holiday (“Close of Business”). The Renter is solely responsible for accounting for any shipping and delivery times when advising of the Start Date and End Date in the Agreement.
Daily, Weekly and Monthly Rental Rates: (a) A Rental Rate that is calculated daily shall be considered a “Daily Rate”. A Daily Rate begins immediately upon the Equipment leaving the Concept Controls facility on the Start Date and ends the 24-hour period afterwards. For greater clarity, notwithstanding the forgoing, the Equipment must be returned to Concept Controls by Close of Business on the End Date. The failure to return the Equipment by Close of Business on or before the End Date may result in the Renter being charged for an additional day at the Daily Rate. (b) A Rental Rate calculated weekly shall be considered a “Weekly Rate”. A Weekly Rate begins immediately upon the Equipment leaving the Concept Controls facility on the Start Date continues for seven consecutive calendar days after the Start Date. For greater clarity, for a Weekly Rate, the Equipment must be returned by the earlier of the End Date or Close of Business on the seventh consecutive date after the Start Date. The failure to return the Equipment on time may result in the Renter being charged an additional Weekly Rate or such prorated amount of such Weekly Rate as determined by Concept Controls in its sole discretion. (c) A Rental Rate calculated monthly shall be considered a “Monthly Rate”. A Monthly Rental Rate begins immediately upon the Equipment leaving the Concept Controls facility on the Start Date and ends twenty-eight consecutive calendar days after the Start Date. For greater clarity, for a Monthly Rate, the Equipment must be returned by the earlier of the End Date or by Close of Business on the twenty-eighth consecutive day after the Start Date. The failure to return the Equipment on time may result in the Renter being charged an additional Monthly Rate or such prorated amount of such Monthly Rate as determined by Concept Controls in its sole discretion.
Title and Use: (a) Title to the Equipment shall remain at all times with Concept Controls. (b) The Renter agrees that it will not impair such title, represent to any person that it owns or has ownership rights relative to the Equipment, and shall not attempt to mortgage, pledge or use such Equipment as collateral under any circumstances. (c) The Renter shall not allow any lien or encumbrance to be placed against the Equipment, and shall immediately notify Concept Controls if any seizure of the Equipment is threatened or occurs. (d) The Renter shall not remove deface or conceal signs and markings which identify the Equipment as owned by Concept Controls and shall maintain such signs and markings. (e) The Renter shall not transfer, deliver or sublet the Equipment to another person, entity or corporation without Concept Controls’ prior written consent. (f) The Renter is responsible for the proper use and operation of the Equipment. (g) The Renter shall be responsible for maintaining the Equipment during the Rental Period and any overhold period, at their own expense, in the same condition as upon delivery, including all routine maintenance all factory recommended maintenance (if applicable). (h) The Renter shall not alter or modify the Equipment.
Equipment Condition: When delivered to the Renter, the Equipment will meet the manufacturer’s operating specifications. Upon receipt of the Equipment, the Renter shall notify Concept Controls within 24 hours in writing if the Equipment is not operating properly or is damaged in any way. No one, other than a Concept Controls representative, may perform repairs on the Equipment. A Renter may recalibrate the Equipment or may return it to Concept Controls for recalibration. If the Equipment fails to perform properly and needs to be replaced, Concept Controls will use reasonable efforts to find available replacement equipment in its inventory.
Renter’s Obligations: During the Rental Period, the Renter will provide and pay for all consumable parts, batteries, and supplies required to keep the Equipment in good condition and proper working order. The Renter will notify Concept Controls within 24 hours if any of the Equipment becomes lost, damaged, stolen, unsafe, or disabled. If the Equipment is lost, damaged, or stolen, the Renter will be responsible for rental accrual through the date of notification and will pay for replacement (as determined by the manufacturer’s current list price) or repair, as the case may be. These replacement costs are billed separately to the Renter.
Return of Equipment: Prior to the expiration of the Rental Period, the Renter shall return the Equipment to Concept Controls free and clear of any encumbrances in the same condition as the Equipment was in when provided to the Renter or the Renter’s courier, ordinary wear and tear excepted. Concept Controls reserves the right to refuse any Equipment returned not properly decontaminated. Concept Controls may also choose to decontaminate equipment for a fee, which will be applied to the Renter’s invoice. Photographs of damaged and/or not properly decontaminated Equipment will be taken and emailed the Renter.
Payment Methods: (a) Rental Fees shall be paid in accordance with the terms set out under the heading “Payment Terms” in the body of this Agreement. (b) If Rental Fees are to be paid on “Net 30” terms, then Concept Controls will invoice Rental Fees (at such times as Concept Controls may determine in its sole discretion), and all such invoices shall be due within 30 days of receipt thereof by the Rent. The Renter fully authorizes Concept Controls to obtain the Renter’s credit information from a credit rating bureau. (c) If Rental Fees are to be paid on “Payment in Advance” terms, then the Renter shall pay all Rental Fees in advance of the Equipment being provided to the Rent. (d) Rental Fee payments may be made via cheque, wire transfer or may be charged to a credit card. Any fees incurred for the payment shall be the responsibility of the Renter. If the Renter desires to pay for the Equipment rental using a credit card, the Renter must complete and submit to Concept Controls for approval a credit card authorization form before the Start Date. Concept Controls will charge the designated credit card to pay for all invoiced amounts due under the Agreement during or after the Rental Period.
Interest: Outstanding payments owing from the Renter to Concept Controls shall accrue interest at a rate of 18% per annum, charged at an equivalent rate of 1.5% per month.
Default on Payment: Where Rental Fees are to be paid on “Net 30” terms, then upon any default in payment by the Renter, the entire balance of Rental Fees owed by the Renter shall become immediately due and payable. If any action or suit is necessary to recover such amounts, the Renter will pay all reasonable legal fees on a solicitor client basis, court costs, and costs of collection incurred (with or without suit and including appeals).
Security Deposit: Without limitation to any rights or remedies otherwise available to Concept Controls, Concept Controls may deduct from any security deposit paid by the Renter any amount necessary to reimburse, indemnify or protect Concept Controls from an amount owing to Concept Controls by the Renter pursuant to this Agreement, or otherwise, for any loss or damage that may be due to the default by the Renter in any obligation under this Agreement or for any loss or damage to the Equipment.
Warranties: The Equipment being rented is used and is being rented on an “as is” basis, with the Renter having full opportunity to inspect the Equipment, or having the Equipment inspected for them by technicians of their choice, before this Agreement is signed. No warranties whatsoever, whether written, oral, statutory, implied, or otherwise, are given by Concept Controls to the Renter with respect to the Equipment. Any implied or statutory warranties, including warranties of merchantability or fitness for a particular purpose, are expressly excluded.
Transportation: All transportation is deemed to be for the Renter’s benefit regardless of whether provided or arranged by Concept Controls. The Renter shall be solely liable for and bear the entire risk of loss and damage to the Equipment during Rental Period and during any transportation of the Equipment until the time the Equipment is returned to Concept Controls.
Repairs, Loss or Damage: The Renter shall, at its own expense, keep the Equipment in condition and working order during the Rental Period. Any additions, attachments, accessories, replacement items, parts, substitutions, renewals and repairs must be approved in writing by Concept Controls in advance, and the same made at any time by the Renter (with such approval) shall form part of the Equipment and become the property of Concept Controls. The End Date shall not be deemed to occur, and the Rental Period shall continue until the Equipment is received back by Concept Controls in the same condition as was it was received by the Renter.
Indemnity: The Renter agrees to indemnify and hold harmless Concept Controls from any and all claims, demands, damages, losses, expenses, costs (including legal fees on a solicitor client basis), fines and penalties sustained or incurred by or asserted against Concept Controls based upon, related to or arising out of: (a) any breach by the Renter of the terms of this Agreement; (b) the improper use of the Equipment by the Renter; (c) any act or omission of the Renter or the Renter’s agents, officers, employees, servants or subcontractors; and (d) any third party property damage and/or bodily injury to any person or persons resulting from the Equipment or the Renter’s use of the Equipment. Concept Controls shall not be liable for any damages to the Equipment or for any other damages whether by reason of faulty operation, failure of Equipment or otherwise. Where the Renter’s insurance fails to fully reimburse Concept Controls for loss or damage to the Equipment within ninety (90) days of requesting reimbursement, the Renter agrees that it will fully indemnify Concept Controls.
Insurance: At the request of Concept Controls, the Renter, at its sole cost, shall procure and maintain the insurance requested by Concept Controls during the term of this Agreement that is satisfactory to Concept Controls in its sole discretion, including, without limitation: (a) property insurance for the Equipment with a minimum limit of not less than the full replacement value of the Equipment; and (b) commercial general liability insurance with minimum limits of $5,000,000.00 per occurrence or such other amount as required by Concept Controls from time to time. Any insurance policy required shall include Concept Controls as first loss payee or additional insured (as the case may be), and include a waiver of subrogation and severability of interest endorsements in favour of Concept Controls, with the Renter responsible to pay any required deductibles. The Renter shall provide Concept Controls with a certificate of insurance upon request and before the delivery of the Equipment that confirms it maintains the insurance required by Concept Controls. Concept Controls shall be provided with thirty (30) days advance notice of the cancellation of any required insurance policy. The Renter shall, at all times and in addition to the foregoing, maintain in good standing any workers’ compensation insurance as required by applicable laws.
No Limitation by Payment of Rental Fees: The payment of Rental Rates and the other charges set out in this Agreement shall not limit Concept Controls right to claim other damages for breach of this Agreement.
Limitation of Liability: The Renter’s use of the Equipment is at its sole risk. Concept Controls shall not be liable to the Renter for any damages suffered or incurred by the Renter as a result of the Renter’s use of the Equipment. The Renter’s sole and exclusive remedy for Concept Controls’ breach of this Agreement shall be the refund of the amount of any security deposit or Rental Fees paid by the Renter pursuant to this Agreement. Concept Controls shall not, in any event, be liable, either in contract or in tort, for any consequential, incidental, indirect, special or punitive damages, including but not limited to loss of revenue, whether or not such losses are foreseeable or unforeseeable.
Default: The Renter shall be deemed to be in default of this Agreement for a breach of this Agreement as a result of, without limitation: (a) the Renter’s failure to pay any Rental Rates when due and owing; (b) the Renter’s failure to procure and maintain required insurance as set out in this Agreement or to provide Concept Controls with certification of the same; (c) the Renter’s failure to ensure that the Equipment is maintained, operated properly, and not subjected to careless, rough or improper use; (d) the Renter’s alteration or modification of the Equipment without the written permission of Concept Controls; or (e) title to the Equipment being impaired by a lien or other encumbrance.
Consequences of Default: Upon default by Renter: (a) Concept Controls’ consent to the Renter’s possession of the Equipment shall terminate and Concept Controls may itself, by its authorized representative, without notice and at the Renter’s expense, retake possession of the Equipment and for this purpose may enter the site or any premises at which the Equipment is located; and (b) the Renter shall pay to Concept Controls on demand all outstanding payments and other sums due together with any interest accrued, plus any costs and expenses incurred by Concept Controls in recovering the Equipment and/or in collecting any sums due (including but not limited to, any storage, insurance, repair, transport, legal and remarketing costs).
Force Majeure: If performance of this Agreement by Concept Controls is delayed or rendered impossible by an event beyond the reasonable control of Concept Controls, Concept Controls may terminate this Agreement without liability by providing notice to the Renter to that effect.
Assignment: The Renter may not assign its rights or obligations under this Contract without the prior written consent of Concept Controls.
General: (a) Any rights and remedies specified in this Agreement are cumulative and in addition to any other rights or remedies available to Concept Controls at law or equity and no delay in exercising a right under this Agreement shall constitute a waiver of that right unless expressly agreed to in writing. (b) This Agreement is the complete and exclusive agreement regarding the parties’ obligations relating to the subject matter hereof and replaces all prior oral and written communications between the parties. Only a written amendment signed by both parties can modify this Agreement. (c) This Agreement is governed by the laws of the Province of Alberta and any applicable federal laws of Canada. (d) If any provision of this Agreement is declared invalid or unenforceable, such provisions shall be severed from this Agreement and the other provisions shall remain in full force and effect. (e) The Renter acknowledges and agrees that these terms and conditions are incorporated in, and a part of, any Agreement between Renter and Concept Controls relating to the Equipment to be provided by Concept Controls. (f) The Renter acknowledges and agrees that it has read and understands these terms and conditions and accepts the same. (g) This Agreement may be executed in counterparts, and each such counterpart shall be deemed an original for all purposes, and all such counterparts taken together shall constitute one and the same instrument. This Agreement may be executed and/or delivered electronically, and when so executed and/or delivered, shall be deemed an original for all purposes.
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If you have any questions about this Policy, You can contact us: email: team@conceptcontrols.com