Rental Terms and Conditions

The term “Equipment” includes in particular:

Trailers - Dump trailers - Enclosed trailers - Flatbed trailers – Pickup trucks - Motorized vehicles - Specialized equipment – Accessories – Ramps – Chains – Ties - Braking systems - Any other rented equipment.

2.1 Acknowledgement of risks

The Renter expressly acknowledges that the use, handling, transport and operation of the rented equipment involve inherent risks, whether foreseeable or unforeseeable, which may notably result in:

• Accidents
• Bodily injury, whether serious or not
• Temporary or permanent disability
• Death
• Property damage
• Direct or indirect financial losses
• Damage caused to third parties.

The Renter acknowledges that these risks may arise from, without limitation, the improper use of the equipment, road or environmental conditions, human error, mechanical failures or any other circumstance.

2.2 Voluntary acceptance

The Renter declares that they are aware of these risks and accepts them voluntarily, freely and with full knowledge of the facts. The Renter acknowledges that they possess the skills, knowledge and abilities necessary to use the equipment safely, or undertakes to allow its use only by qualified persons.

2.3 Full assumption of risks

The Renter assumes full responsibility for all risks related to the use of the equipment, including those that may affect:

• Their own person
• Any person authorized or not to use the equipment
• Any third party
• Any property.

3.1 General waiver

To the fullest extent permitted by applicable laws, the Renter expressly, irrevocably and unreservedly waives any recourse, claim, lawsuit or demand for indemnity, of any nature whatsoever, against Location Remorque Laval, as well as against its:

• Officers
• Directors
• Shareholders
• Employees
• Representatives
• Agents
• Partners
• Affiliates
• Insurers

(Hereinafter collectively the “Beneficiaries”),

For any damage, loss or prejudice resulting, directly or indirectly, from the use, possession, transport or operation of the rented equipment.

3.2 Scope of damages covered

This waiver covers in particular, without limitation:

• Bodily harm, injury or death
• Property damage
• Financial losses, loss of revenue or loss of business
• Indirect, consequential, special or punitive damages
• Any third-party claim related to the use of the equipment.

3.3 Extent of the waiver

The Renter acknowledges that this waiver applies regardless of the cause of the damage, including, without limitation:

• Normal or abnormal use of the equipment
• Human error
• Improper handling
• Road or environmental conditions
• Any mechanical or technical failure.

3.4 Users and third parties

The Renter acknowledges that this waiver also applies to any person using the equipment with or without their authorization, and undertakes to have this clause respected by any user.

3.5 Extended waiver

The Renter also waives, for themselves as well as for their heirs, assigns, legal representatives, executors, administrators or any other person who may act in their name or for their benefit, any claim covered by this clause.

3.6 Validity and interpretation

The Renter acknowledges that this clause constitutes an essential condition of the contract, freely consented to and reasonable given the risks related to the use of the equipment.

The Renter is fully liable, for the entire duration of the rental and until the complete return of the equipment, for:

• Any damage
• Any loss
• Any theft
• Any deterioration
• Any partial or total destruction
• Any immobilization of the equipment

And this, whatever the cause, including without limitation use, negligence, human error, a third party, a fortuitous event or any other circumstance, except in the case of gross or intentional fault of the Lessor, in accordance with the Civil Code of Quebec

4.2 Replacement value

The Renter’s liability extends up to the total new-replacement value of the equipment, as determined by the Lessor, including accessories, additional equipment and components.

In the event of total loss, theft or destruction, the Renter must pay the full replacement value, without deduction for depreciation, unless otherwise provided in writing by the Lessor.

4.3 Scope of covered costs

The Renter’s liability includes in particular, without limitation:

• The cost of parts and components
• Labour (internal or external)
• Diagnostic and expert appraisal fees
• Transport and delivery costs
• Towing and recovery costs
• Storage costs
• Administrative fees
• Legal and collection fees
• Loss of business and loss of revenue
• Costs related to the immobilization of the equipment
• Any decrease in the value of the equipment.

4.4 Continuing liability

The Renter’s liability remains full until the final inspection of the equipment by the Lessor and written confirmation that it has been returned in good condition, subject to normal wear and tear.

4.5 Absence of limitation

The Renter acknowledges that:

• The security deposit in no way constitutes a limit of liability

• Any insurance coverage does not limit their liability towards the Lessor

They remain liable for any amount exceeding any guarantee or coverage.

4.6 Liability for third parties

The Renter is also liable for any damage caused by:

• Any person to whom they grant access to the equipment

• Any user, authorized or not

Any third party using or handling the equipment.

4.7 Serious default

Any breach of these clauses of this contract constitutes a serious fault, which may result in:

• The immediate termination of the contract without notice
• The full and unlimited liability of the Renter
• The loss of any protection or limitation of liability.

5.1 Insurance obligation

The Renter declares and warrants that they hold, for the entire duration of the contract, a valid and in-force insurance policy adequately covering the use of the rented equipment.

This insurance must include, without limitation:

• Civil liability of a minimum of $2,000,000 CAD
• Coverage for property damage to the rented equipment, including: Fire
• Theft
• Vandalism
• Collision
• Breakage or deterioration, regardless of the cause.

5.2 Proof of insurance

The Renter undertakes to provide the Lessor, before the delivery of the equipment:

• Valid proof of insurance
• The policy number
• The insurer’s contact information

The Lessor reserves the right to refuse the rental or to suspend the contract in the absence of proof deemed satisfactory.

5.3 Maintenance of coverage

The Renter undertakes to keep this insurance in force at all times during the rental period. Any cancellation, suspension or modification of the coverage constitutes a major default resulting in the immediate termination of the contract.

5.4 Liability not limited by insurance

The Renter acknowledges that:

• Any insurance held in no way limits their liability towards the Lessor

• They remain liable for any deductible, exclusion or insufficiency of coverage

They are liable for any amount not covered by their insurer.

5.5 Authorization to communicate with the insurer

The Renter irrevocably authorizes the Lessor to:

• Communicate directly with their insurer
• Obtain any relevant information relating to the coverage
• Open, manage and follow up on any claim

The Renter undertakes to cooperate fully with any dealings with the insurer.

5.6 Failure of the insurer to indemnify

Should the Renter’s insurer refuse, limit or delay an indemnification, the Renter remains fully liable and immediately indebted to the Lessor for all amounts owed, without waiting for the settlement of the insurance file.

5.7 Beneficiary clause

The Renter acknowledges that the Lessor may require to be named as:

• Designated beneficiary
• Or additional insured

On the insurance policy, where applicable.

5.8 Cross-border and territorial insurance

The Renter acknowledges that any use of the equipment outside the province of Quebec may require additional or specific insurance protection.

The Renter undertakes, before any travel outside Quebec, outside Canada or into any foreign territory, to verify and obtain at their sole expense any insurance, endorsement, guarantee, certificate or document required for the equipment to be validly insured in the territory concerned.

Without limiting the generality of the foregoing:

• Any travel in the United States must be covered by insurance that is valid and recognized in the territories crossed

• Any travel in Mexico must be covered by civil liability insurance valid in Mexico

The Renter remains solely liable for any insufficiency, exclusion, nullity or absence of coverage applicable outside Quebec or outside Canada.

The Renter must provide the Lessor, on request and before departure, any proof of cross-border or foreign insurance deemed satisfactory by the Lessor.

Failing to provide such proof, the Lessor may refuse or cancel any travel outside the territory, terminate the contract immediately and repossess the equipment, without refund.

The Renter acknowledges that any absence of valid coverage outside Quebec constitutes a serious default engaging their full and unlimited liability for any damage, loss, claim, seizure, immobilization, cost, fine, penalty or other financial consequence.

6.1 Authorized drivers only

Only persons expressly identified and approved by the Lessor in the rental contract are authorized to drive, use or move the equipment.

Any use by an unauthorized person constitutes a serious breach of the contract and results in the full liability of the Renter, as well as the immediate termination of the contract.

6.2 Minimum conditions

Each authorized driver must:

• Be at least 21 years of age

• Hold a valid driver’s licence, in good standing and appropriate to the category of the rented equipment

• Not be subject to a suspension, restriction or prohibition on driving

Be fit to drive (including the absence of alcohol, drugs or any substance impairing abilities).

6.3 Identification and verification

All authorized drivers must mandatorily:

• Present their original driver’s licence to the Lessor before taking possession of the equipment

Authorize the Lessor to:

• Photograph or photocopy the licence
• Keep this information on file
• Record the licence number in any document or management system of the company.

The Renter consents to this information being used for management, verification, security, compliance purposes and in the event of a claim or dispute.

6.4 Drivers aged 18 to 21 (special conditions)

On an exceptional basis, the Lessor may authorize a driver aged between 18 and 21, subject to the following conditions:

• A minimum surcharge of 25% will be applied to the rental price

• The Renter must provide valid proof of insurance compliant with the requirements of this contract

• The Renter is mandatorily required to subscribe to the minor-damage protection offered by the Lessor, when available

The Lessor reserves the right to refuse the rental at its sole discretion.

6.5 Liability of the Renter

The Renter remains fully liable for any use of the equipment, including that carried out by:

Any authorized driver; Any unauthorized person having access to the equipment, with or without their consent.

6.6 Refusal or revocation

The Lessor reserves the right, at any time and at its sole discretion, to:

• Refuse a driver
• Withdraw the authorization of a driver
• Require the replacement of a driver

Without notice, if deemed necessary for reasons of safety, compliance or risk management.

7.1 General prohibitions

It is strictly prohibited for the Renter, as well as for any person using the equipment, to:

• Drive or use the equipment under the influence of alcohol, drugs, medication or any substance that may impair abilities

• Transport, load, unload, handle, store, tow or move any material, substance, cargo, goods, waste, contaminant, property or living being prohibited within the meaning of clause 7.5

• Use the equipment in the context of races, competitions, performance tests or high-risk activities

• Use the equipment for illegal, fraudulent or criminal purposes

• Use the equipment off-road, on unsuitable terrain or in conditions not provided for by the manufacturer, without the written authorization of the Lessor

• Overload the equipment or use it beyond its recommended capacities

• Modify, alter or transform the equipment without authorization

Use the equipment in a negligent, abusive manner or in a manner not conforming to its normal use.

7.2 Liability and waiver

The Renter acknowledges that any prohibited use of the equipment is carried out at their sole risk and peril. Consequently, the Renter fully releases the Lessor from any liability for any damage, direct or indirect, resulting from a prohibited or non-conforming use.

7.3 Reporting to authorities

The Lessor reserves the right to:

• Report any illegal or suspicious use to the competent authorities

• Transmit any relevant information to law enforcement

Cooperate fully with any investigation.

The Renter acknowledges and accepts that this information may be communicated without further notice.

7.4 Indemnification

The Renter undertakes to indemnify, defend and hold harmless the Lessor against any claim, lawsuit, fine, penalty, damage or cost (including legal fees) resulting from a prohibited use of the equipment.

7.5 Prohibited materials, cargo, goods and living beings

7.5.1 Strict prohibition

It is strictly prohibited for the Renter, as well as for any person using the equipment, to use the equipment to transport, load, unload, handle, store, tow, move, conceal or allow the presence of any material, substance, product, goods, waste, contaminant, property or living being prohibited within the meaning of this clause. This prohibition applies whether the cargo is placed in, on, under, around or near the equipment, and this, for the entire duration of the rental, including the delivery, parking, use, storage and return of the equipment.

Without limiting the generality of the foregoing, the following are notably prohibited:

• Any harmful, toxic, dangerous, flammable, combustible, explosive, corrosive, irritant, contaminating, polluting, radioactive, biological, biomedical, infectious material or material otherwise regulated as dangerous goods

• Any fuel, compressed gas, propane cylinder or other gas, solvent, paint, oil, pesticide, acid, battery, industrial chemical product, asbestos, contaminated soil, hazardous waste, contaminated residue or material requiring a permit, certificate, manifest, environmental authorization or specialized procedure for transport, handling or disposal

• Any illegal, stolen, counterfeit or prohibited goods, including in particular drugs, narcotics, controlled substances, weapons, ammunition, explosives, material used for a fraudulent or criminal activity or an activity contrary to applicable laws

• Any living person, any person transported in a trailer, a cargo space or a compartment not designed for the transport of passengers, as well as any live animal, livestock, wildlife, carcass, remains, animal part, biological tissue, organ or organic material at risk, unless the prior written authorization of the Lessor is obtained where the equipment is expressly appropriate and the transport is legal

Any property, material or cargo likely to cause a persistent odour, contamination, infestation, corrosion, degradation, a fire risk, an explosion risk, a health risk, an environmental risk, a seizure, a confiscation, an immobilization, an investigation or a civil, penal, criminal, administrative or environmental liability.

7.5.2 No authorization for an illegal or dangerous activity

No authorization from the Lessor, whether verbal or written, may be interpreted as permitting an activity that is illegal, fraudulent, criminal, uninsured, non-compliant with applicable laws or likely to endanger persons, property, the environment or the equipment. Any written authorization, where granted, must be specific, limited to the use described, compliant with applicable laws and never releases the Renter from obtaining the required permits, insurance, certificates, manifests, safety equipment or regulatory authorizations.

7.5.3 Obligation to verify and declare

The Renter is solely responsible for knowing the exact nature of any cargo, for verifying its legality, compliance, weight, securing, packaging, watertightness and the absence of risk to the equipment, third parties and the environment. The Renter must refuse to transport any cargo that is doubtful, unidentified, poorly packaged, non-compliant or likely to be covered by this clause. The Renter must immediately notify the Lessor of any leak, odour, spill, contamination, seizure, inspection, incident or suspicion of non-compliance.

7.5.4 Consequences of a breach

Any breach of this clause constitutes a serious fault and a prohibited use of the equipment, resulting, to the fullest extent permitted by law, in the immediate termination of the contract, the loss of any protection, discount, tolerance or limitation of liability, as well as the full liability of the Renter for all damages, losses, costs, fines, penalties, inspections, seizures, confiscations, immobilizations, cleanings, disinfections, decontaminations, repairs, towings, transports, environmental fees, administrative fees, legal fees, loss of business and third-party claims.

7.5.5 Cleaning, decontamination and restoration

In the event of the transport or presence of a prohibited or suspicious material, the Lessor may, at its sole reasonable discretion, have the equipment inspected, cleaned, disinfected, decontaminated, repaired, immobilized or removed from service until it is deemed safe and compliant. All direct and indirect costs arising therefrom are borne by the Renter, without limitation, including the costs of experts, laboratories, specialized companies, public authorities, transport, storage, disposal, certification and loss of business.

7.5.6 Communication to authorities and cooperation

The Renter acknowledges that the Lessor may report any transport, storage, spill, cargo or use that is suspicious, illegal, dangerous, toxic, flammable, contaminating, living or non-compliant to the competent police, municipal, provincial, federal, border, environmental, health or regulatory authorities, and transmit to them any reasonably necessary information, to the extent permitted by law.

7.5.7 Specific indemnification

The Renter undertakes to indemnify, defend and hold harmless the Lessor, its officers, employees, representatives, agents, insurers, partners and assigns against any claim, lawsuit, formal notice, investigation, fine, penalty, cost, damage, loss or liability arising directly or indirectly from an actual or alleged breach of this clause.

8.1 Compliance with capacities

The Renter undertakes to respect at all times:

• The GVWR (Gross Vehicle Weight Rating) of each piece of equipment

• The maximum payload capacity indicated by the Lessor or the manufacturer

Any weight limit applicable under the laws and regulations in force.

The Renter is responsible for verifying the total weight transported, including the cargo, the accessories and any additional equipment.

8.2 Prohibition of overloading

Any overloading, even partial or temporary, is strictly prohibited.

The Renter acknowledges that any overloading constitutes a serious fault and a non-conforming use of the equipment.

8.3 Damage presumed to be related to overloading

Any damage affecting the equipment that can reasonably be associated with overloading will be presumed to result from overloading attributable to the Renter, unless proven otherwise.

Without limiting the generality of the foregoing, the following are notably covered:

• Axle breakage
• Breakage of the suspension or springs
• Breakage or overheating of bearings
• Breakage, blowout or abnormal wear of tires
• Deformation of the frame
• Sagging or twisting of the structure
• Any other mechanical or structural damage related to overloading.

8.4 Liability of the Renter

The Renter is fully liable for all damages and costs arising from overloading, including, without limitation:

• Parts and components
• Labour
• Diagnostic and expert appraisal fees
• Transport, towing and recovery
• Complete replacement of the equipment if necessary
• Loss of business related to the immobilization
• Administrative and legal fees.

8.5 Proof and verification

The Renter accepts that the Lessor may establish the overloading or its effects by means of:

• A mechanical inspection
• An expert report
• Photos or videos
• Usage data (including GPS or telematics)
• Any technical analysis deemed relevant.

The Lessor’s determination shall prevail, unless proven otherwise.

8.6 Absence of limitation

The Renter acknowledges that:

• The security deposit in no way limits their liability
• Any insurance may exclude damage related to overloading
• They remain liable for the entirety of the costs, even in the event of a refusal of indemnification by their insurer.

9.1 Presumption of misuse

The Renter acknowledges that certain mechanical damage affecting the bearing components of the equipment is generally caused by misuse, overloading, lack of maintenance or non-conforming use.

The following are notably considered to result from misuse, without limitation:

• Burnt or damaged bearings
• Destroyed or overheated hubs
• Blown, deformed or abnormally worn tires
• Bent or damaged axles
• Broken springs or suspensions
• Overheating of bearing components
• Any damage related to a lack of lubrication or excessive use.

9.2 Liability of the Renter

The Renter is fully liable for all damage covered by this clause, unless clear and preponderant proof demonstrates a prior defect or a fault of the Lessor.

9.3 Costs covered

The repairs and associated costs are entirely borne by the Renter, including, without limitation:

• Parts and components
• Labour
• Diagnostic and expert appraisal fees
• Towing and transport
• Complete replacement of the damaged assemblies
• Administrative fees
• Loss of business related to the immobilization of the equipment.

9.4 Non-limitative causes

The Renter acknowledges that this damage may notably result from:

• Overloading or poor weight distribution
• Excessive or inappropriate driving (speed, braking, impact)
• Use on inadequate terrain
• Negligence or failure to verify
• Intensive or prolonged use.

9.5 Inspection and proof

The Renter accepts that the Lessor may establish the cause of the damage by means of:

• A mechanical inspection
• An expert report
• Photos or videos
• GPS or telematics data.

The Lessor’s determination shall prevail, unless proven otherwise.

10.1 Responsibility for securing

The Renter is fully responsible for:

• The adequate securing of any cargo
• The stability and safety of the load
• Compliance with the applicable standards regarding the transport and securing of loads
• Any damage caused by the cargo, whether to the equipment, the towing vehicle, property or third parties.

10.2 Compliance with laws and standards

The Renter undertakes to comply with all applicable laws, regulations and standards, including notably those of Transport Québec, the SAAQ and any other competent authority, relating to:

• The securing of loads
• Weight limits
• The distribution of the load
• The securing of the transported goods.

10.3 Hitching of the trailer

The Renter acknowledges:

• Being fully competent and comfortable to hitch a trailer to a vehicle

• Having verified that the towing vehicle is compatible and adequate (towing capacity, hitch, brakes, connectors, etc.)

Having carried out all the necessary verifications before putting the equipment into service.

The Renter assumes full responsibility for the hitching, including any unhitching, whether voluntary or involuntary.

10.4 Liability in the event of an incident

The Renter is fully liable for any damage, loss or incident resulting from:

• Inadequate securing
• A shifting of the cargo
• An unhitching of the trailer
• An improper installation of the hitch.

This liability applies in particular to damage caused:

• To the Renter’s vehicle
• To the Lessor’s equipment
• To third parties
• To property.

10.5 Absence of liability of the Lessor

The Lessor assumes no liability relating to:

• The securing of loads
• The hitching of the trailer
• The compatibility of the towing vehicle
• Any consequence arising from a breach of these obligations.

10.6 Indemnification

The Renter undertakes to indemnify, defend and hold harmless the Lessor against any claim, lawsuit, damage or cost (including legal fees) resulting directly or indirectly from the securing or the hitching.

10.7 OBLIGATIONS SPECIFIC TO HEAVY VEHICLES AND REGULATORY COMPLIANCE

10.7.1 Application

When the rented equipment is considered, under the applicable laws and regulations, as a heavy vehicle, heavy equipment or equipment governed by Transport Québec, the SAAQ, the Government of Canada or any other competent authority, the Renter acknowledges that it is their exclusive responsibility to ensure full compliance with all legal, regulatory and administrative requirements applicable to its use.

10.7.2 Obligations of the Renter

Without limiting the generality of the foregoing, the Renter is solely responsible for:

• holding and maintaining in force all the permits, classes, certifications, authorizations and documents required

• complying with the obligations relating to driving hours, rest hours and driving logs

• keeping up to date any log book, register, report or document required by the competent authorities

• complying with any requirement relating to safety rounds, pre-trip inspections, periodic inspections, mechanical verifications, loads, dimensions, securing, hitching and road safety

complying with any standard or requirement applicable to heavy road transport, in Quebec, in Canada or elsewhere.

10.7.3 Pre-trip inspection

The Renter undertakes to carry out, before each departure when required by law or by the nature of the equipment, any safety round, pre-trip inspection or mandatory verification required by the competent authorities. The Renter acknowledges that it is their responsibility to ensure that the equipment can be used legally and safely before it is put into service.

10.7.4 Exclusive liability

The Renter assumes full liability for any contravention, fine, penalty, immobilization, seizure, out-of-service order, unfavourable inspection, suspension of use, administrative fees, loss of business, damages or other consequences arising from the non-compliance with the obligations set out in this clause.

10.7.5 Absence of liability of the Lessor

The Lessor assumes no liability as regards the Renter’s compliance with the requirements applicable to the operation of a heavy vehicle or equipment governed by transport laws, including notably the keeping of the log book, pre-trip inspections, driving hours and the regulatory obligations related to the operation.

11.1 Extended right of inspection

The Lessor reserves the right to inspect the equipment immediately upon return as well as within a maximum period of fourteen (14) days following its return, in order to verify its complete condition, including components that are not visible during an initial inspection.

11.2 Non-apparent damage

The Renter acknowledges that certain damage may be hidden, progressive or not immediately detectable, notably due to wear, improper use or internal failures.

Any damage discovered after the return of the equipment, but attributable to the rental period, remains entirely borne by the Renter.

11.3 Invoicing

The Renter accepts that any damage identified within the prescribed period be invoiced, including, without limitation:

• Parts and components
• Labour
• Diagnostic and expert appraisal fees
• Transport and towing
• Administrative fees
• Loss of business related to the immobilization of the equipment.

11.4 Proof and determination

The Renter acknowledges that the Lessor may rely on:

• A mechanical inspection
• An expert report
• Photos or videos
• Usage data (including GPS or telematics)
• To establish the existence and cause of the damage.

The Lessor’s determination shall prevail.

11.5 Continuing liability

The Renter’s liability remains engaged despite:

• The signing of an unreserved return
• The absence of an immediate finding of damage
• Any administrative closing of the file.

12.1 Obligation to return

The Renter undertakes to return the equipment on the date and at the time provided in the contract, in good condition, at the location agreed with the Lessor. Any delay constitutes a contractual default.

12.2 Late fees

In the event of a late return of the equipment, the Renter accepts to pay:

• A fee of $75 per hour of delay, calculated from the scheduled return time

Any fraction of an hour being invoiced as a full hour.

12.3 Prejudice to another client

If the Renter’s delay causes prejudice to another client (including, without limitation, the inability to deliver a reserved piece of equipment, a service delay or the cancellation of a rental), the Renter will be required to pay, in addition to the late fees:

• All damages suffered by the Lessor
• Any compensation, refund or loss of revenue towards the affected client
• All associated administrative and management fees.

12.4 Extension of the rental

Should the equipment not be reserved by another client after the initial period, the Renter may request an extension of the rental, subject to the acceptance of the Lessor.

Any extension must:

• Be authorized in advance by the Lessor
• Be confirmed before the initial expiry or as soon as possible
• Be invoiced at the regular rate in force, without application of any prior discount, unless otherwise agreed in writing.

12.5 Absence of authorization

Failing to obtain an authorization for an extension:

• The Renter remains in a situation of delay
• The fees provided in this clause continue to apply

The Lessor may exercise its remedies, including the recovery of the equipment.

12.6 Continuing liability

The Renter remains fully liable for the equipment and all associated costs until its effective return accepted by the Lessor.

13.1 Obligation to return

The Renter undertakes to return the equipment on the date, at the time and at the location provided in the contract.

In the event of an inability to meet this obligation, the Renter must communicate immediately with the Lessor in order to notify them and obtain an authorization.

Any situation of non-return without authorization constitutes a serious default of the contract.

13.2 Failure to communicate

Failing communication by the Renter with the Lessor within a period of 48 hours following the end of the rental period, the Lessor may, at its sole discretion:

• Consider the equipment as stolen or misappropriated
• Report the situation to the police authorities
• Provide all relevant information concerning the Renter and the rental
• Undertake any procedure necessary for the recovery of the equipment.

13.3 Fees and penalty

In such a case, the Renter accepts that a lump-sum amount of $400 be automatically invoiced, as administrative and file-management fees.

This amount is added to any other amounts owed, including:

• Late fees
• Recovery and location fees
• Legal fees
• Loss of business
• Any damage or losses related to the equipment.

13.4 Continuing liability

The Renter remains fully liable for the equipment until its effective return accepted by the Lessor, including all risks of loss, theft or damage.

13.5 Additional remedies

The Lessor reserves all its rights and remedies, including:

• The forced recovery of the equipment
• The claim for the total replacement value
• Any judicial or collection procedure.

13.6 Interest and fees

Any amount owed under this clause shall bear interest at the rate provided in the contract, in addition to the applicable collection fees.

14.1 Right of recovery

In the event of a default by the Renter, a termination of the contract or a need to repossess the equipment, the Renter expressly and irrevocably authorizes the Lessor to recover the equipment, without notice, at any location where it is found.

To this end, the Renter grants the Lessor the right to access any land, place or property, including any private land, where the equipment is located, to the extent permitted by law, in order to repossess it.

The Renter undertakes not to hinder, prevent or delay the recovery of the equipment.

14.2 Recovery fees

All costs related to the recovery of the equipment are borne by the Renter, including, without limitation:

• Transport and towing
• Travel
• Location
• Labour
• Administrative fees
• Legal fees
• Emergency or after-hours recovery fees.

14.3 Delivery and recovery at the Renter’s request

When the Renter requests the delivery, installation, drop-off or recovery of the equipment at a location of their choice, the Renter acknowledges and accepts that:

• They are fully responsible for the choice of equipment and its suitability for the intended use

• They must ensure that the site is accessible, safe and adequate for the delivery, manoeuvring and unloading of the equipment

They must obtain any necessary authorization (municipal, private or other) to permit access to the site.

14.4 Exclusion of liability of the Lessor

The Lessor releases itself from any liability relating to:

• A poor choice of equipment by the Renter
• The inability to deliver, drop off or recover the equipment due to the state of the site
• Any delay or inability to perform
• Any damage caused to the land, buildings, infrastructure, vehicles or any other property belonging to the Renter or a third party during the delivery, moving or recovery of the equipment, except in the case of gross fault of the Lessor.

14.5 Fees applicable in the event of impossibility

Should a delivery, unloading or recovery be impossible, delayed or compromised for any reason attributable to the Renter (including an inadequate, inaccessible or non-compliant site), the Renter accepts to pay:

• The delivery fees
• The unnecessary travel fees
• The rescheduling fees
• Any additional cost incurred by the Lessor.

14.6 Liability of the Renter

The Renter remains fully liable for any damage or incident occurring:

• During the delivery
• During the unloading
• While the equipment is present on the premises
• During the recovery
• Including any damage caused to third parties.

14.7 Indemnification

The Renter undertakes to indemnify, defend and hold harmless the Lessor against any claim, loss, damage or cost (including legal fees) resulting from access to the site, the delivery, the drop-off or the recovery of the equipment.

15.1 Presence of the GPS system

The Renter acknowledges that the rented equipment is equipped with a real-time geolocation (GPS) and/or telematics system, allowing the Lessor to track, record and analyze the use of the equipment.

15.2 Consent to data collection

The Renter expressly consents to the Lessor being able, at any time during and after the rental period, to collect, record, consult and use the data generated by the GPS system, including notably:

• Real-time and historical location
• The routes taken
• Speed
• Driving behaviours (braking, acceleration, etc.)
• Stops (number, duration, location)
• Hours of use
• Any other data related to the use of the equipment.

15.3 Purposes of use

This data may be used by the Lessor to:

• Ensure the security of the equipment
• Prevent and detect theft, unauthorized or abusive use
• Facilitate the recovery of the equipment
• Verify compliance with the contract
• Analyze use and manage operations
• Serve as evidence in the event of a dispute, claim or investigation
• Cooperate with the competent authorities, when required.

15.4 Waiver of privacy relating to the equipment

The Renter acknowledges that the use of the equipment confers no reasonable expectation of privacy as regards the location and usage data collected by the GPS system.

15.5 Prohibition of deactivation

It is strictly prohibited to:

Deactivate, alter, damage or bypass the GPS system; Attempt to prevent the transmission of the data.

Any breach constitutes a serious fault resulting in the immediate termination of the contract, as well as the full liability of the Renter.

15.6 Liability and use of the data

The Renter accepts that the GPS data may be used against them in the event of non-compliance with the contract, including to demonstrate:

• A prohibited use
• A speeding violation
• A use outside the authorized zone
• Any non-conforming behaviour.

16.1 Default of payment

Any amount owed to the Lessor and not paid on its due date constitutes a default of payment.

As of the fifth (5th) day following the due date, any unpaid amount shall bear interest at the rate of 3% per month (36% per year), calculated monthly.

The Renter acknowledges that this rate is reasonable and consistent with commercial practice.

16.2 Administrative collection fees

The Renter accepts that reasonable administrative fees may be added for any file in default, including, without limitation:

• Management fees
• Follow-up fees
• Internal collection fees.

16.3 Collection procedures

Should the non-payment of an amount owed persist, the Lessor reserves the right to undertake any collection procedure, including:

• Referral to external collection
• Judicial proceedings
• Any other action permitted by law.

16.4 Legal fees

The Renter undertakes to reimburse the Lessor for all reasonable costs incurred for the collection of the amounts owed, including:

• Lawyers’ fees
• Judicial fees
• Bailiff fees
• Collection agency fees.

16.5 Penal clause

In the event of a default requiring collection or judicial proceedings, the Renter accepts to pay, as a penal clause, an additional amount equivalent to 30% of the unpaid balance, in addition to the applicable interest and fees.

This penalty is deemed reasonable and proportionate to the costs and inconveniences suffered by the Lessor, in accordance with the provisions of the Civil Code of Quebec (notably art. 1622 et seq. C.C.Q.).

16.6 Cumulation of remedies

The interest, penalties and fees provided in this clause are cumulative and in no way limit the other rights and remedies of the Lessor.

The following clauses apply specifically to the rental of pickup trucks and motorized vehicles.

17.1 Fuel level upon return

The Renter undertakes to return the equipment with a fuel level identical to that noted at the time of taking possession.

17.2 Invoicing of missing fuel

Failing to respect this obligation, the Renter accepts that the Lessor invoice the missing fuel according to the following rates:

$3.50/litre for gasoline; $4.00/litre for diesel

Any missing quantity will be assessed by the Lessor and invoiced to the Renter.

17.3 Adjustment according to the market price

Should there be an increase in the price of fuel exceeding the rates mentioned above, the Lessor reserves the right to invoice the fuel at:

The market price in force at the time of refuelling,

Increased by $2.00/litre, as administrative, travel and labour fees.

17.4 Additional fees

The Renter also accepts to pay any reasonable additional fee related to the refuelling of the equipment, including:

• Travel of personnel
• Labour time
• Immobilization of the equipment
• Administrative fees.

17.5 Proof and determination

The Renter acknowledges that the fuel level may be determined by the Lessor by means of:

• The vehicle’s gauge
• A visual inspection
• Or any other means deemed reasonable.

The Lessor’s determination shall prevail, unless a manifest error.

18.1 Obligation to use the correct fuel

The Renter undertakes to use only the type of fuel specified by the Lessor or indicated on the equipment. Any fuel error (e.g.: gasoline in a diesel engine or vice versa) constitutes a serious fault.

18.2 Full liability

Should an inappropriate fuel be used, the Renter will be fully liable for all damages and costs arising therefrom, including, without limitation:

• Complete draining of the fuel system
• Cleaning, repair or replacement of components (injectors, pump, tank, etc.)
• Damage to the engine or total loss of the equipment
• Diagnostic and expert appraisal fees
• Towing, transport and recovery fees
• Labour fees
• Administrative fees
• Loss of business and loss of revenue of the Lessor
• Any other direct or indirect damage.

18.3 Immobilization of the equipment

The Renter accepts to pay immobilization fees equivalent to the regular rental rate, for the entire duration during which the equipment is unusable due to the fuel error.

18.4 Obligation to notify immediately

The Renter must immediately notify the Lessor as soon as a fuel error is noted or suspected and cease any use of the equipment. Any continued use after a fuel error aggravates the Renter’s liability.

18.5 Insurance and cooperation

In accordance with clause 5 of this contract, the Renter:

• Authorizes the Lessor to communicate directly with their insurer
• Authorizes the Lessor to open and manage any claim
• Undertakes to cooperate fully with the process.

Should the insurer refuse, limit or delay payment, the Renter remains fully liable for the amounts owed, without waiting for the settlement of the claim.

18.6 Absence of limitation

The Renter acknowledges that:

• The security deposit in no way limits their liability
• Any insurance may contain exclusions
• They remain liable for the entirety of the costs, even if these exceed any coverage.

The Renter is liable for damage caused by:

• Abusive driving
• Overloading
• Lack of oil
• Engine overheating
• Off-road driving

19.1 Dump, construction and worksite trailers:

Concrete / asphalt in the box clause

It is strictly prohibited to allow the following to harden in the trailer:

• Concrete
• Asphalt
• Mortar
• Cement
• Industrial adhesive or any other adhesives.

If specialized cleaning is necessary, the Renter must pay:

• The cleaning fees
• The repair fees
• The immobilization fees of the trailer.

A minimum fee of $300 + taxes may be invoiced.

19.2 Tire puncture clause

The Renter is liable for any puncture or damage to the tires caused during the rental period. This includes notably:

• Puncture
• Blowout
• Damage caused by overloading
• Damage caused by driving on a worksite or debris.

The replacement of the tire will be invoiced to the Renter.

19.3 Lost key clause

In the event of the loss of a key of the rented vehicle or equipment, the Renter must pay:

• The replacement of the key
• The reprogramming if applicable
• The travel fees.

All of this will be calculated based on the cost of the key.

19.4 Routine maintenance and mandatory verifications

For the entire duration of the rental, the Renter undertakes to carry out, at reasonable intervals and before any significant travel, the usual verifications necessary for the safe maintenance of the equipment, including, without limitation:

• Pressure, condition and wear of the tires
• Apparent tightening of the wheels and nuts
• Condition of the hubs, bearings, springs and visible components
• Level of engine oil, coolant, brake fluid and other applicable fluids
• Condition of the lights, electrical connectors, safety chains, brakes, hitches and securing devices
• Any warning light, noise, vibration, odour or abnormal behaviour of the equipment.

The Renter must immediately cease the use of the equipment as soon as a defect, overheating, abnormal noise, excessive vibration, leak or any other anomaly is noted or reasonably suspected.

The Renter is liable for any damage aggravated by the continued use of the equipment despite a warning sign of defect, abnormal wear or malfunction.

No failure to verify, no negligence of routine maintenance and no omission of the Renter may be raised against the Lessor to limit the Renter’s liability.

20.1 General prohibitions

It is strictly prohibited for the Renter, as well as for any person using the pickup truck, to:

• Carry out towing exceeding the capacities recommended by the manufacturer or not authorized by the Lessor
• Use the vehicle to transport, load, unload, handle, store or move any material, substance, cargo, goods, waste, contaminant, property or living being prohibited within the meaning of clause 7.5
• Use the vehicle in the context of illegal, fraudulent or criminal activities
• Use the vehicle in extreme off-road conditions, on unsuitable terrain (unsecured worksites, muddy areas, deep sand, impassable roads, etc.) without the written authorization of the Lessor
• Participate in high-risk activities, including performance tests, competitions or abusive driving
• Overload the vehicle or fail to respect the load and towing limits
• Use the vehicle in a negligent, dangerous manner or in a manner not conforming to its normal use.

20.2 Liability of the Renter

The Renter is fully liable for any damage, loss or cost resulting from a prohibited or non-conforming use, including:

• Mechanical damage (engine, transmission, suspension, etc.)
• Breakage related to towing or overloading
• Bogging down or recovery of the vehicle
• Towing, transport and recovery
• Loss of business and immobilization
• Administrative and legal fees.

20.4 Verification and proof

The Renter accepts that the Lessor may use any reasonable means to verify the use of the vehicle, including GPS data, inspections or expert appraisals, which may serve as evidence in the event of a dispute.

21.1 Prohibitions

It is strictly prohibited for the Renter, as well as for any person using the equipment, to:

• Smoke or vape in or on the equipment
• Consume alcohol or drugs in the equipment
• Transport animals, unless the prior written authorization of the Lessor is obtained.

21.2 Cleanliness obligation

The Renter undertakes to return the equipment in a clean, sanitary condition and conforming to that noted at the time of taking possession, subject to normal wear and tear.

21.3 Cleaning fees

Should the equipment be returned in a condition requiring cleaning, the Renter accepts to pay, without limitation:

A minimum fee of $300 plus taxes, with no maximum limit when required, including notably:

• Odour or traces of cigarette or vaping
• Odour or presence of alcohol or drugs
• Presence of animals or hair
• Presence of organic, biological or fecal materials
• Any persistent or disturbing odour
• Excessive dirt or dirt not conforming to normal use.

21.4 Additional fees

If the required cleaning exceeds the scope of standard maintenance, the Renter will be liable for all additional fees, including:

• Specialized or professional cleaning
• Disinfection
• Removal or replacement of components
• Loss of business due to the immobilization of the equipment
• Administrative fees.

21.5 Determination of condition

The Renter acknowledges that the cleanliness condition of the equipment will be assessed by the Lessor, whose decision shall prevail

22.1 Absence of liability

The Lessor declines any liability with respect to any personal item, property, goods or effect belonging to the Renter or a third party, left, transported, forgotten or stored in or on the rented equipment, or near it.

22.2 Risks assumed by the Renter

The Renter acknowledges that all personal items are left at their own risk, and this, for the entire duration of the rental, including during the delivery, use, parking and return of the equipment.

22.3 Loss, theft or damage

The Lessor may in no case be held liable for:

• The loss
• The theft
• The deterioration
• The destruction
• Of any personal item, whatever the cause, including notably theft, fire, accident, negligence or any other circumstance.

22.4 No obligation of safekeeping

The Lessor assumes no obligation of safekeeping, surveillance or protection of the property left in or on the equipment. Any item found may be removed, moved, stored or disposed of by the Lessor, without liability.

22.5 Waiver of recourse

The Renter irrevocably waives any claim, recourse or lawsuit against the Lessor, its employees, agents or representatives, relating to any personal item covered by this clause.

23.1 Liability of the Renter

The Renter is fully liable for any offence, ticket, penalty or fee arising from the use of the equipment during the rental period, including, without limitation, including outside Canada:

• Traffic tickets
• Offences captured by photo radar
• Toll fees
• Municipal, provincial, federal or foreign offences
• Any penalty or fine imposed by a competent authority.

23.2 Offences related to the use of the equipment

The Renter is also liable for any breach of the applicable laws and regulations, including outside Canada, including notably:

• The hitching rules
• The load limits
• The standards for the fastening and securing of goods

Any regulation imposed by Transport Québec, the SAAQ or any other competent authority, in Quebec or elsewhere. The Renter assumes all the consequences of these breaches, including:

• Tickets
• Seizure of the equipment
• Immobilization
• Mandatory inspections
• Towing, storage and release fees
• Loss of business
• Any other associated fee or damage.

23.3 Handling of offences and cooperation

The Lessor reserves the right to:

• Transmit the Renter’s information to the competent authorities
• Identify the Renter as the responsible driver or user
• Cooperate with any investigation or procedure.

The Renter accepts that this information may be communicated without further notice.

23.4 Administrative fees

The Renter accepts to pay, in addition to the amounts required by the authorities:

Administrative fees equivalent to 20% of any toll processed by the Lessor; Administrative fees equivalent to 40% of any ticket, fine or offence (including any offence of a civil, penal or criminal nature), for the management, processing and follow-up of the file.

These fees are owed independently of the payment or the contestation of the offence.

23.5 Continuing liability

The Renter remains liable for any offence or fee received after the end of the contract, when these are related to the rental period.

23.6 Payment and authorization

The Renter authorizes the Lessor to:

• Pay any amount owed on their behalf
• Re-invoice these amounts, including the administrative fees
• Charge the amounts to the credit card on file.

23.7 Authorized territories and border crossing

Unless the prior written authorization of the Lessor is obtained, the equipment may only be used in Canada. Any exit from Canada, any entry into the United States, Mexico or any other country, as well as any international transit, are strictly prohibited without the prior written authorization of the Lessor. The Lessor may authorize, refuse, limit or withdraw at its sole discretion any permission to travel outside Canada or outside a given territory, without having to justify its decision. Any use of the equipment outside the authorized territory constitutes a serious fault resulting in:

• The immediate termination of the contract without notice
• The full and unlimited liability of the Renter
• The loss of any protection, limitation of liability or rate advantage
• The right of the Lessor to immediately recover the equipment, at the Renter’s expense.

The Renter acknowledges that any border crossing without the prior written authorization of the Lessor constitutes an unauthorized use of the equipment.

23.8 Onboard documents, customs and temporary imports

The Renter is solely responsible for obtaining, keeping onboard and presenting on request any document required for the use, transport, entry, exit, temporary import, temporary export, transit, registration, insurance or circulation of the equipment in any territory concerned. Without limiting the generality of the foregoing, the Renter is responsible for:

• Any letter of authorization from the Lessor
• Any insurance document
• Any customs document
• Any temporary permit
• Any carnet, deposit, bond or guarantee required by an authority
• Any declaration to customs, border agencies or other competent authorities.

The Renter alone assumes all fees, taxes, duties, deposits, guarantees, fees, penalties, inspections, delays, storage fees, brokerage fees, towing fees, recovery fees and administrative fees resulting from a cross-border or international movement. The Renter remains fully liable for any seizure, detention, retention, confiscation, immobilization, impounding or refusal of entry of the equipment by a governmental, customs, police, administrative or judicial authority. No such situation suspends, reduces or cancels the financial obligations of the Renter towards the Lessor.

23.9 Non-export, non-assignment, non-subletting and non-abandonment

The Renter undertakes not to:

• Sell, assign, lend, sublet or transfer the equipment to a third party
• Grant a right, guarantee, pledge, security or charge on the equipment
• Abandon the equipment
• Leave the equipment outside Canada or in an unauthorized territory after the end of the rental
• Register, record or declare the equipment abroad
• Use the equipment for the purposes of permanent export or disposition outside the control of the Lessor.

Any breach of this clause constitutes a serious fault resulting in the immediate termination of the contract, the immediate recovery of the equipment and the full liability of the Renter for all damages, losses, costs, fines, repatriation costs and loss of business.

23.10 Repatriation of the equipment

Should the equipment be located outside Quebec, outside Canada or in any unauthorized territory, for any reason whatsoever, the Renter is fully responsible for its complete, safe repatriation in compliance with legal requirements. The Renter must assume, without limitation:

• The travel fees
• The fuel fees
• The towing fees
• The specialized transport fees
• The customs fees, taxes, permits and documents
• The storage fees
• The legal fees
• The administrative fees
• Any loss of business of the Lessor until the effective return of the equipment.

The Lessor may, at its sole discretion, organize the repatriation of the equipment itself, in which case all costs incurred will be immediately owed by the Renter and may be charged to any credit card on file, deducted from the deposit or claimed by any legal means.

24.1 General obligation

The Renter is fully liable for any accident, incident, loss, theft, property or bodily damage occurring during the rental period, whatever the cause, except for proven gross fault of the Lessor, in accordance with the provisions of the Civil Code of Quebec, notably articles 1457 et seq. The Renter is fully liable for any damage resulting from a collision when the equipment is used in contravention of this contract or off the public roads maintained by the competent authorities, including notably any damage caused by an impact with a fixed or overhanging structure, such as a bridge, tunnel, tree, building or any other obstruction.

24.2 Mandatory immediate measures

In the event of an accident or incident involving the equipment, the Renter undertakes, without delay, to:

Ensure their own safety and that of third parties, and take all necessary measures to limit the damage, including, without limitation:

• Immobilize the equipment
• Secure the premises
• Install adequate signage if necessary

• Move the equipment off the public roadway, to the extent possible and without danger

• Immediately contact the emergency services (911) and/or the competent police authorities, when required by law or when bodily or property damage is noted

Never leave the scene of the accident, except in the case of an emergency or to obtain help.

24.3 Obligation to declare

The Renter must:

• Inform the Lessor within a maximum period of 2 hours following the event, or as soon as reasonably possible

Provide within a maximum period of 24 hours:

• The police report or accident report number
• Any written statement of the facts
• The contact information of the persons involved
• Clear photos of the accident, the damage and the premises

Cooperate fully with the Lessor, the insurers and any competent authority.

24.4 Prohibited post-accident use

The Renter undertakes to:

Immediately cease any use of the equipment if it is damaged or potentially dangerous; Not attempt to repair, modify or move the equipment without the written authorization of the Lessor (except in the case of an emergency for safety).

24.5 Return or recovery of the equipment

The Renter must:

• Bring the equipment back to the Lessor without delay if it is deemed safe for transport

• Failing that, assume all the towing, transport, recovery and storage fees of the equipment

Obtain the prior authorization of the Lessor for any post-accident movement.

24.6 Financial liability

The Renter remains fully liable for:

• All damage to the equipment
• The loss of value
• The repair fees
• The administrative fees
• The expert appraisal fees
• The loss of business of the Lessor (including the loss of revenue)
• Any third-party claim.

This liability applies independently of any insurance coverage, in accordance with the Civil Code of Quebec.

24.7 Immobilization fees

Without limiting the generality of clause 33 of this contract, any accident, incident, damage or breakage attributable to the Renter giving rise to an unavailability of the equipment will result in the application of the immobilization fees provided in the said clause 33.

24.8 Failure to declare or non-compliance

Any breach of the obligations provided in this clause, including:

• The failure to declare the accident
• The refusal to provide the required documents
• The non-compliance with the deadlines

Automatically results in:

• The full and unlimited liability of the Renter
• The loss of any protection or limitation of liability
• And the right of the Lessor to immediately invoice all the damages and costs incurred.

24.9 Indemnification

The Renter undertakes to indemnify, defend and hold harmless the Lessor against any claim, lawsuit, loss, damage or cost (including legal fees) arising directly or indirectly from the accident.

24.10 Roadside assistance, towing and unauthorized repairs

In the event of a breakdown, breakage, accident, puncture, immobilization, seizure, inspection, refusal of entry at a border or any other situation preventing the normal use of the equipment, the Renter must communicate immediately with the Lessor before having the equipment repaired, towed, moved, dismantled, stored or abandoned. No repair, no towing, no mechanical intervention and no movement to a garage, workshop or warehouse may be carried out without the prior authorization of the Lessor, except in the case of an immediate necessity for the safety of persons. The Lessor reserves the right to choose:

• The towing provider
• The garage or repair workshop
• The storage location
• The method of recovery or transport

Any measure deemed necessary to protect the equipment.

The Renter remains liable for all costs related to a breakdown, breakage, towing, repair or immobilization, except where the Lessor acknowledges in writing that the cause is exclusively attributable to a prior non-apparent defect not attributable to the Renter.

Any unauthorized repair, any modification, any abandonment or any unapproved movement aggravates the Renter’s liability and may result in the refusal of any refund or credit.

25.1 Right of unilateral termination by the Lessor

The Lessor may, at its sole discretion and without notice, immediately terminate this contract and repossess the equipment, at the Renter’s expense, in any of the following cases:

• Default of payment, partial or total, when due
• Abusive, negligent, non-conforming or dangerous use of the equipment, including any use contrary to the instructions of the Lessor, the standards of the manufacturer or the applicable laws
• Illegal or prohibited use, including any breach of the laws, municipal, provincial, federal or other regulations
• Provision of false, inaccurate or misleading information by the Renter
• Failure to respect any of the obligations of the contract, including the clauses relating to maintenance, insurance, safety or use
• Seizure, attempted seizure, confiscation or endangerment of the equipment, including any situation that may compromise the ownership rights of the Lessor
• Bankruptcy, insolvency, arrangement with creditors or precarious financial situation of the Renter, within the meaning of the applicable laws
• Abandonment, disappearance or inability to locate the equipment
• Refusal of cooperation or communication with the Lessor
• Any event, behaviour or situation that may, in the reasonable opinion of the Lessor, cause a prejudice, a risk, a financial loss or harm to the reputation of the Lessor.

25.2 Immediate effects of the termination

In the event of termination, all amounts owed become immediately payable, including:

• The rents due and to become due
• The fees, penalties and interest
• The recovery, transport and storage fees
• The damages, losses and administrative fees

• The Lessor may repossess the equipment without further notice, including access to the premises where the equipment is located, in compliance with the applicable laws

• The Renter undertakes to immediately return the equipment to the Lessor, at their expense and risk

The Lessor may retain any deposit, guarantee or payment made and apply it to the amounts owed.

25.3 Fees and penalties

The Renter will be liable for all costs arising from the termination, including:

• Collection fees
• Legal fees (including extrajudicial fees)
• Location and recovery fees
• Loss of revenue related to the immobilization of the equipment
• Any direct or indirect damage.

25.4 Absence of waiver

The fact that the Lessor does not immediately exercise its right of termination or any other remedy in no way constitutes a waiver of its rights, which may be exercised at any time.

25.5 Continuation of obligations

The termination of the contract does not affect:

The obligations of the Renter arising before the termination; The clauses relating to liability, indemnification, fees, damages and remedies, which remain in force after the termination.

25.6 Indemnification

The Renter undertakes to indemnify, defend and hold harmless the Lessor against any loss, claim, lawsuit or damage resulting directly or indirectly from a ground that led to the termination.

26.1 Deposit requirement

A security deposit is required from the Renter at the time of signing the contract or before the delivery of the equipment. The amount of the deposit is determined at the sole discretion of the Lessor and generally ranges between $250 and $4,000, depending on the type of equipment, the rental duration, the profile of the Renter and the associated risks.

26.1 Retention of the deposit – Absence of a credit card

When the Renter provides a security deposit by cash, bank transfer, Interac transfer or debit card, and no valid credit card is kept on file, the Renter acknowledges and accepts that this deposit (or any portion of it) will be retained by the Lessor for a maximum period of eight (8) weeks following the end of the rental. This retention is intended to allow the Lessor to cover any amount that may be brought to its attention after the end of the contract, including notably, without limitation:

• Toll fees
• Tickets, fines or offences
• Associated administrative fees
• Any other claim related to the use of the equipment during the rental period.

Upon the expiry of this period, and subject to the absence of any fees or amounts owed, the balance of the deposit will be refunded to the Renter within a reasonable time.

The Renter acknowledges that this retention is reasonable and necessary given the time frames for receiving such claims, and waives any contestation to this effect.

The Lessor reserves the right to refuse any rental in the absence of a deposit deemed satisfactory.

26.2 Nature of the deposit

The security deposit constitutes a guarantee of performance of the Renter’s obligations and must in no case be interpreted as an advance payment of the rental, unless otherwise decided by the Lessor. No interest shall be payable on the deposit.

26.3 Use of the deposit

The Lessor is expressly authorized to use, in whole or in part, the security deposit in order to cover any amount owed by the Renter, including, without limitation:

• Damage to the equipment (including abnormal wear)
• Loss, theft or deterioration
• Repair fees and parts
• Late or extension fees
• Excessive cleaning fees
• Missing or incorrect fuel
• Fees related to a misuse of the equipment
• Tickets, offences or penalties
• Administrative fees
• Recovery, towing or travel fees
• Immobilization fees (loss of revenue)
• Any other amount owed under this contract.

26.4 Excess liability

The Renter remains fully liable for any amount exceeding the security deposit.

The Lessor may immediately invoice any additional amount and make a charge on any credit card provided or undertake collection procedures, in accordance with the applicable laws.

26.5 Adjustment of the deposit

The Lessor reserves the right, at any time during the duration of the contract, to require an additional deposit if:

• The risk increases
• The rental duration is extended
• The use of the equipment changes
• Or in the event of a default or risky behaviour of the Renter.

The refusal of the Renter to provide this additional deposit constitutes a ground for immediate termination of the contract.

26.6 Refund of the deposit

Subject to the rights of the Lessor, the deposit (or any balance) will be refunded to the Renter within a reasonable time after:

• The complete return of the equipment
• The complete inspection by the Lessor
• The verification of the absence of damage, fees or amounts owed.

The Lessor reserves a reasonable time to note non-apparent damage or to receive any ticket or claim related to the rental period.

26.7 Set-off and authorization

The Renter irrevocably authorizes the Lessor to set off any amount owed against the security deposit, without prior notice, in accordance with the principles of compensation provided in the Civil Code of Quebec.

26.8 Absence of limitation of liability

The security deposit in no case constitutes a limit of liability of the Renter.

The Renter remains liable for the entirety of the damages and fees, even if these exceed the amount of the deposit.

The Renter undertakes to use the rented equipment in a normal manner and to immediately report any real mechanical defect to the Lessor. Should a Renter claim that a mechanical breakdown, breakage or defect prevents the return of the equipment within the prescribed time, the Lessor reserves the right to:

• Inspect the equipment
• Send a representative or a mechanic
• Recover the equipment at the location where it is found.

If, after inspection, it is determined that:

• The defect does not exist
• The breakdown results from a misuse
• The breakdown results from a negligence of the Renter
• Or that the equipment is fully functional.

The Renter will be liable to pay:

• The additional rental time at the regular rate IF the equipment was not rented by another client. Otherwise, the rental time will be charged according to clause 12 of this contract
• The travel fees of the Lessor
• The inspection or diagnostic fees
• Any other fee incurred.

A minimum administrative fee of $250 will be applied in these situations.

Any attempt at false declaration or bad faith aimed at unduly extending the rental period may result in:

• The immediate termination of the contract
• The immediate recovery of the equipment
• The invoicing of all the applicable fees.

When this contract is signed on behalf of a business, corporation, legal person, company, partnership, self-employed worker or any other entity, the signatory declares that they have the necessary authority to bind that entity. The signatory nevertheless acknowledges that, in addition to binding that entity, they also bind themselves personally, solidarily and indivisibly to the Lessor for all obligations arising from this contract. This personal liability covers, without limitation:

• All rents and rental fees
• Any damage or loss relating to the equipment
• Any penalty, ticket or administrative fees
• All recovery, towing or storage fees
• All immobilization fees and loss of business
• All interest, legal fees, extrajudicial fees and collection fees.

The signatory expressly waives the benefits of discussion and division, to the extent permitted by law, and accepts that the Lessor may exercise directly against them any recourse for the full amount owed, without being required to first claim against the business or any other person.

The lessor collects, uses and retains the renter’s personal information in accordance with the applicable legislation on the protection of personal information, notably Quebec’s Law 25. The personal information collected is limited to that necessary for the management of the lease, including notably the verification of identity, solvency and compliance with rental obligations. The renter consents to the collection and use of their personal information for the following purposes:

• The analysis of the application and the credit check (where applicable)
• The management of the lease and the communications related to the rental
• The compliance with the legal obligations of the lessor.

The lessor undertakes to:

• Use the personal information only for the purposes for which it was collected
• Limit access to this information to authorized persons
• Put in place reasonable security measures in order to ensure its confidentiality
• Not communicate this information to third parties without the consent of the renter, except where permitted by law.

The personal information will be retained only for the time necessary to achieve the purposes provided in this contract and will be destroyed or anonymized thereafter.

In the event of a confidentiality incident involving the renter’s personal information, the lessor undertakes to notify the persons concerned in accordance with the law.

The renter may, at any time, request access to, the rectification or the deletion of their personal information by communicating with the person responsible for the protection of personal information designated by the lessor.

29.1 International transfer and communication of information

The Renter acknowledges and accepts that, in the context of a rental involving interprovincial, cross-border or international travel, the Lessor may communicate certain personal information strictly necessary to third parties located outside Quebec or Canada, including notably:

• Insurers
• Payment providers
• GPS or telematics providers
• Collection agencies
• Police, border, customs or administrative authorities
• Tow operators, repair workshops, warehouses and emergency service providers.

Any such communication must be limited to what is reasonably necessary for the management of the rental, the protection of the equipment, collection, regulatory compliance, the handling of a claim or the performance of this contract.

The Renter acknowledges that such a transfer or communication may be necessary in the event of travel outside Quebec or outside Canada.

The Renter acknowledges having been informed of their rights and expressly consents to the processing of their personal information in accordance with this clause.

The Lessor’s complete privacy policy, as amended from time to time, is available on request or on the Lessor’s website and forms an integral part of this contract to the extent applicable.

Any rental granted for a fixed term constitutes a firm commitment of the Renter for the entirety of that period. Any preferential price, reduced rate, discount, sliding-scale rebate or rate advantage granted to the Renter is expressly conditional on full compliance with the initial rental term indicated in the contract. In the event of an early return of the equipment, a unilateral termination, an abandonment, a failure to maintain continuous possession, a voluntary non-use or a return of the equipment before the end date provided in the contract, the Renter remains liable for the payment of the rental fees recalculated according to this clause. In such a situation, the Lessor may require from the Renter, without prejudice to its other remedies, the payment of the lesser of:

The entirety of the rents, fees and amounts provided for the complete duration initially agreed in the contract; or the rents and fees corresponding to the actual duration of use of the equipment, recalculated at the regular rate or at the reduced rate actually applicable to that duration, with the partial or complete cancellation of any discount initially granted based on the longer term.

The Renter expressly acknowledges that the discount granted for a long-term rental is only definitively acquired if the entirety of the period provided in the contract is respected. Consequently, any early return authorizes the Lessor to take back, recover or retroactively adjust any discount or rate advantage granted. Any amount resulting from this readjustment becomes immediately payable at the time of the return of the equipment, and may be charged to any deposit, credit card, guarantee or other security held by the Lessor, without further notice. Unless otherwise agreed in writing and signed by the Lessor, no refund, credit, additional reduction or cancellation will be granted to the Renter in the event of an early return of the equipment before the end of the agreed term.

32.1 Principle

The Renter acknowledges that any damage caused to the equipment may result in a temporary immobilization of it, preventing its rental to other clients. The Renter undertakes to indemnify the Lessor for any loss of business, independently of the proof of a specific lost rental.

32.2 Calculation of the fees

The Renter accepts to pay immobilization fees equivalent to:

• The regular daily or monthly rental rate of the equipment
• For the entire duration during which the equipment is unavailable, including: The time before repair
• The duration of the repairs
• The administrative delays
• The delays related to the parts or the insurance.

32.3 Absence of obligation of specific proof

The Renter expressly acknowledges that:

• The Lessor has no obligation to demonstrate a specific loss of rental
• The loss of business is real, foreseeable and automatic in the context of an immobilization
• The fact of having to turn away clients constitutes a compensable prejudice. That the availability of a piece of equipment constitutes a revenue-generating asset and that any immobilization automatically results in a financial loss, independently of the proof of a refused rental.

32.4 Independence from insurance

The Renter acknowledges that:

• This obligation is independent of any insurance coverage
• Any refusal or limitation of payment by the insurer in no way affects their liability
• They remain personally liable for the entirety of the fees.

32.5 Immediate payment

The immobilization fees are due and payable upon invoicing, and may be:

• Charged to the credit card on file
• Deducted from the security deposit
• Or claimed by any legal means.

32.6 Claim with the insurer

The Renter is responsible for submitting any claim to their insurer in order to be reimbursed for the immobilization fees. The Lessor may cooperate with the file, without however assuming responsibility for it.

33.1 Applicable laws

This contract is governed and interpreted in accordance with the laws in force in the province of Quebec, including the Civil Code of Quebec.

33.2 Competent jurisdiction

The parties expressly agree that any dispute, recourse, claim or judicial proceeding arising directly or indirectly from this contract will be submitted exclusively to the courts of the judicial district of Laval, province of Quebec.

33.3 Election of domicile

To these ends, the parties elect domicile in the judicial district of Laval and waive any other jurisdiction that might otherwise be applicable to them.

34.1 Severability of the clauses

Should a provision of this contract be found null, invalid, illegal or unenforceable, in whole or in part, by a competent court, that provision will be deemed severable and will in no way affect the validity, legality or enforceability of the other provisions of the contract.

34.2 Continuation of effects

The other clauses of this contract will remain in force and will continue to produce their effects, as if the invalid provision had never existed.

34.3 Interpretation and adaptation

To the extent possible, any provision found invalid will be interpreted or adapted in a manner that reflects as faithfully as possible the initial intention of the parties, while respecting the limits imposed by law.

I expressly acknowledge having read, understood and accepted all of the terms and conditions of this contract. I declare having had the opportunity to ask all the necessary questions and to obtain the relevant explanations before its signing.

By affixing my signature, I acknowledge being legally bound by this contract and I accept that it produces all its effects. I also acknowledge that, by signing this document, I may be led to waive certain rights, remedies or claims, both for myself and for my heirs, assigns, relatives, legal representatives, executors, administrators or any other person who may act in my name or for my benefit. I confirm that this waiver is made freely, voluntarily and with full knowledge of the facts, and that it applies in favour of the Lessor as well as its representatives, employees, agents and assigns.

The renter and/or signatory of this contract certifies that they hold a valid driver’s licence for the appropriate class for driving the equipment described in the contract and undertakes to ensure that any person called upon to drive this equipment is themselves the holder of a valid driver’s licence of the appropriate class.