THIS TRAILER RENTAL AGREEMENT made in Charlottetown, Queens County, Province of Prince Edward Island. Between Lessor, AUSTIN MCQUAID RENTAL & LEASING INC., and the Lessee.
RENT - The Lessee shall pay rent to the Lessor, in advance, at the rate of $2400.00 plus applicable taxes per month. The payment of rent is due on the 1st day of each month.
PIN UP CHARGE – The Lessee shall pay the Lessor a fee for the pin up of the Trailer, storage boxes or other equipment, each time that the Trailer, storage boxes or other equipment are hooked up and moved. The Lessee shall pay a pin up fee of $95.00 (Ninety-Five dollars) plus applicable taxes within the Charlottetown area and $110.00 (One-Hundred and Ten dollars) an hour plus applicable taxes for areas located outside of the Charlottetown area. The Lessee acknowledges that there may, from time to time, be increases to the pin up fee. The Lessee shall be provided with at least thirty (30) days’ notice of any increase in pin up fees.
MILEAGE CHARGE- In addition to any pin up fees charged, the Lessee shall pay the Lessor a mileage fee associated with transporting the Trailer, storage boxes or other equipment, each time that the Trailer, storage boxes or other equipment is moved. The mileage fee will be calculated per kilometer at a rate to be determined at the time the Trailer, storage boxes or other equipment is being transported. The Lessee will be advised of the applicable mileage fee associated with transporting the Trailer, storage boxes or other equipment prior to the charge being incurred by the Lessee. The Lessee acknowledges that the mileage fee may be different for each time that the Trailer, storage boxes or other equipment is transported.
EQUIPMENT- The Lessee has examined the equipment and finds it to be in good condition.
TRAILER, STORAGE BOXES AND OTHER EQUIPMENT USAGE LIABILITY—The Lessee shall assume all risks associated with the operation and use of the Trailer, storage boxes or other equipment of the Lessor, including the placement of said Trailer, storage box or other equipment. The Lessee shall be responsible and liable for any and all damage including, without limiting the generality of the foregoing, all bodily injury or property damage, arising from the use or operation of the Trailer, storage boxes or other equipment, including any act or omission of the Lessor, its employees, assignees or agents, other than any damage caused by or resulting from equipment failure. The Lessor, its employees, assignees or agents, when delivering or operating the Trailer, storage box or other equipment to the Lessee, and on behalf of the Lessee, shall not be responsible or liable for any damage arising from their use or operation of the Trailer, storage box or other equipment. Further, it is agreed and acknowledged by the Lessee that if the Lessee instructs the Lessor to take the Trailer, storage box or other equipment off of gravel or pavement and the Lessor, Trailer, storage box or other equipment becomes stuck as a result, the Lessee shall be responsible for getting the Lessor, Trailer, storage box or other equipment unstuck, which shall include, but is not limited to, any tow fees which may be incurred. It is further agreed and acknowledged by the Lessee that if the Lessee builds around the Trailer, storage box or other equipment or blocks access, including but not limited to, by planting a tree, flower bed, septic, or fence, that the Lessee will be responsible for either purchasing the Trailer, storage box or other equipment at the then going rate or to pay any additional charges associated with renting and operating further equipment, such as a cane, to remove the Trailer, storage box or other equipment.
LESSEE’S COVENANTS
The Lessee covenants with the Lessor as follows:
1. PAY RENT - To pay rent in accordance with the provisions of this agreement. Specifically, the Lessee agrees that the rent shall be paid via credit card each month, which credit card number shall be kept on file at the offices of the Lessor and will be automatically charged on the first day of each month for payment of rent. The Lessee’s credit card will not be charged rent if the Lessee ceases to rent a Trailer from the Lessor.
2. RETURN OF EQUIPMENT - To return the Trailer, storage boxes, equipment and all attachments and parts belonging thereto in the same condition as received, ordinary wear excepted.
3. COMPENSATION FOR DAMAGE - To make good or compensate the Lessor for any damage to the Trailer, storage boxes or other equipment caused by the negligent, reckless or willful conduct of the Lessee, the Lessee’s servants, agents, employees, licensees or invitees. Furthermore, the Lessee agrees to report any damage to the Trailer, storage boxes or other equipment to the Lessor within twenty-four (24) hours of the damage occurring.
4. ENTRY BY LESSOR - To permit the Lessor on twenty-four (24) hours’ notice to enter the Trailer at any reasonable time for the purpose of inspecting the Trailer. The Lessee shall waive the twenty-four (24) hour notice in the case of an emergency.
5. ASSIGN OR SUBLET - Not to assign this agreement or sublet the Trailer, storage boxes or other equipment without the prior written consent of the Lessor.
6. USE OF PREMISES - To use the Trailer or storage boxes and equipment solely for the purposes agreed upon, with care and according to instructions. For greater clarity, the Lessee agrees not to place damaging chemicals, hazardous materials, flood damaged items, smoke damaged items, or salt within the Trailer or sStorage boxes. The Lessee agrees and acknowledges that if they use the Trailer or storage boxes for any prohibited purposes, they will be responsible for either the repair of said Trailer or storage box or be required to purchase said Trailer or storage box, depending on the amount of damage resulting from the prohibited usage.
7. NOT TO AFFECT INSURANCE - Not to do or omit or permit to be done or omitted on or in the Trailer, storage boxes and equipment anything which shall cause the rate of insurance upon the Trailer, storage boxes or equipment to be increased and if the rate of insurance upon the Trailer, storage boxes or equipment shall be increased by reason of anything done or omitted or permitted to be done or omitted by the Lessee or anyone permitted by the Lessee to be upon the Trailer, storage boxes or equipment, the Lessee shall on demand pay to the Lessor the amount of such increase.
8. LESSEE’S INDEMNITY - To indemnify and save harmless the Lessor, it’s employees, assignees, directors or agents, including any said individuals who may assist with the Trailer, storage box or other equipment on behalf of the Lessor, against and from any and all claims, demands, losses, damages, actions, suites or proceedings of every nature and kind whatsoever by any person, firm, or corporation, including, without limiting the generality of the foregoing, all claims for bodily injury or property damage, arising from the conduct or any work or by or through any act or omission of the Lessee or any assignee, agent, contractor, servant, employee, invitee, or licensee of the Lessee, including the use of any of the Lessor’s Trailers, storage boxes or equipment, and against and from all costs, counsel fees, expenses and liabilities incurred in or about any such claim.
9. INSURANCE - To maintain proper and adequate insurance on all property owned by the Lessee and situate in the Trailer, storage boxes or equipment.
10. REEFER UNITS - During the rental of any reefer units the Lessee is held liable for damaged product, fuelling, temperature monitory and adjustment. Further, in the event the unit fails or is vandalized, the Lessor is not liable for product or items in said unit.
LESSOR’S COVENANTS
The Lessor covenants with the Lessee as follows:
ACCESS
1. To permit the Lessee, its servants, agents, employees, licensees and invitees to have access to the Trailer, storage boxes and equipment for the purpose of ingress to and egress from the Trailer, storage boxes or equipment.
2. To provide the Lessee with at least thirty (30) days’ written notice of any increase in rent, which may not be applicable until the expiration of the Term.
PROVISOS
OVERHOLDING
1. If the Lessee, with the consent of the Lessor, remains in possession of the Trailer, storage unit or equipment after the date fixed for the expiration of the term or any renewal thereof without any further written agreement, the Lessee shall be deemed to be occupying the Trailer, storage unit or equipment on a month to month basis, and subject to Rent payable in advance on the first day of each month in the same monthly amount of Rent payable by the Lessee during the last month of the term of the Trailer Rental Agreement and the Lessee shall not be allowed to terminate this agreement until he has first given the Lessor twenty-four (24) hours written notice of his intention to do so; and otherwise, upon the same terms and conditions in this Trailer Rental Agreement.
OPTION FOR LEASE EXTENSION
2. Provided that if the Lessee has during the term hereof paid the rent hereby reserved including additional rent as herein provided, performed all and every of the covenants provisos and agreements herein contained on the part of the Lessee to be paid and performed, the Lessee shall have the right to renew this Lease upon the same terms and conditions, including this option to renew, subject to the following exception:
a) The rent upon renewal shall be as mutually agreed upon by the Lessor and Lessee, being the intention of the Parties hereto to reflect the then prevailing lease rates for comparable property, and failing agreement, then as established by arbitration as hereinafter provided. The right of renewal herein contained may be exercised providing the Lessee by notice in writing to the Lessor, which notice shall be served upon the Lessor at least thirty (30) days prior to the expiration of this Trailer Rental Agreement.
RE-ENTRY
3. If the rent hereby reserved, or any part thereof, shall be in arrears or if the lessee shall make default in the observance or performance of any of the lessee’s covenants or agreements contained in this agreement and such arrears or default shall continue for a period of seven (7) days, then the Lessor may give the Lessee notice requiring the tenant to pay the arrears or remedy the default within fourteen (14) days of receipt of notice. If the Lessee fails to pay the arrears or remedy the default within such period, the Lessor may re-enter the Trailer and the term hereby granted shall thereupon be terminated. In addition, the Lessee and Lessor agree to be bound by the Landlord and Tenant Act. The Lessor may distrain for arrears of rent as provided for under the Landlord and Tenant Act.
NOTICE
4. Any notice or communication to be given by any party to the others hereunder, including for purposes of issues with storage units or contracts, shall be deemed to be duly given when served upon such party or sent by registered mail to the Lessor at their place of business and to the Lessee at the address provided above.
COUNTERPARTS/ ELECTRONIC SIGNATURE
5. This Agreement may be executed and then delivered by facsimile or electronic transmission and that this Agreement may be signed in counterparts and such counterparts once executed and delivered shall be read together and be deemed to be a single agreement. This Agreement may be executed by facsimile, .pdf signature, or any other form of electronic signature by any party and such signature shall be binding for all purposes hereof without delivery of an original signature being thereafter required.
EXECUTION
Execution of Trailer Rental Agreement and Waiver by Lessee:
I/We, have read the entire Trailer Rental Agreement provided above and I/We confirm that I/We understand and agree to be bound by the terms herein. Without limiting the generality of the Trailer Rental Agreement: I /We agree to hold harmless and indemnify the Lessor and/or any Lessor employees, assignees or agents, including those who may assist in the use or operation of the Trailers, storage boxes or other equipment of the Lessor, for all losses or damages arising from the conduct or any work or by or through any act or omission of the Lessor or any assignee, agent, contractor, servant, employee, invitee, or licensee of the Lessor, including but not limited to damage to any property or person resulting from the conduct or any work or by or through any act or omission use or operation or work associated with the Trailers, storage boxes or other equipment of the Lessor.
