Rental Agreement

 

ONETWO STOP PORTABLE SANITATION INC. 

PORTABLE RESTROOM RENTAL 

AGREEMENT

 

This agreement is made between the customer (hereinafter called “the Lessee”) and OneTwo Stop Portable Sanitation Inc. (hereinafter called “the Lessor”). In the event that a Management Agent shall order the rental on behalf of a third party, the Management Agent agrees to joint and several responsibilities with the third party, and shall be considered to be the “Lessee” according to the following terms and conditions:

 

  1. The LESSEE acknowledges having received, or contracting to receive in the future, on rental from the LESSOR portable restrooms (“Equipment”) in the units agreed upon, and agrees to rent said Equipment in accordance with the terms herein. Any problems with regards to the condition of the Equipment must be brought to the attention of the LESSOR on delivery. Cancellation of this Agreement by the LESSEE prior to delivery of the Equipment is subject to an administration fee of thirty per cent (30%) of the value of the first month’s rental charge. Additional charges may apply if any labour or material expenses were incurred by the LESSOR to prepare the Equipment for delivery. All deposits, if applicable are non‐refundable.
  2. The LESSEE understands and agrees that:
    1. If the Equipment is rented to be used at a construction site, the rental period is, one (1) month. The minimum rental is one month and Lessee will be billed monthly in advance. The first monthly payment must be paid when this Agreement is signed or as agreed upon, and in any event prior to delivery of the Equipment.
    2. If the Equipment is rented to be used for a specified event, the rental period shall be as agreed upon for the duration of the event and Lessee will pay all rental costs when this Agreement is signed, or as agreed upon, and in any event prior to delivery of the Equipment. The following refund policy will only apply for Equipment that is rented for a specified event.  If the LESSEE cancels this Agreement (i) seventy-two (72) hours prior to the rental delivery date, the LESSEE will receive a full refund, and (ii) twenty-four (24) hours prior to the rental delivery date, the LESSEE will receive a fifty percent (50 %) refund.
  1. There will be no credit for part of a month for any monthly rental period. Rental charges will not be pro-rated. In the event the Lessor is unable to remove the Equipment when requested due to factors outside of our control, the Lessee is responsible for charges up to the day the Equipment is actually removed. 
  2. There will be no credit for release of the Equipment prior to the agreed upon release date, except as expressly agreed from time to time with the LESSOR and subject to confirmation in writing by the LESSOR.
  1. The cost of the rental on a monthly basis includes one cleaning per week unless otherwise stated. 
  2. Cleanings in addition to those noted in this contract are available at additional cost.
  3. There will be an additional cost over and above the rental price for moving of the Equipment from the rental location to a new site.
  4. Prices are subject to change without prior notice.
  5. Payment is due upon receipt of invoice and this Agreement constitutes the first invoice.
  6. Interest accumulates against unpaid balances due at the rate of two per cent (2%) per month.
  1. None of this Equipment shall be sublet by the LESSEE nor shall it assign or transfer any interest in this agreement without the previous written consent of the LESSOR. 
  2. The LESSOR shall have the right to suspend service to the Equipment at any time and may terminate this Agreement without notice and take possession of the Equipment as it deems appropriate in all cases of: a) non‐payment b) breach of contract c) mishandling of the Equipment.
  3. The LESSEE agrees to defend,  indemnify and save harmless the LESSOR, its officers, directors, employees, agents, successors  and assigns against all loss, damage, expense action, judgement, interest, award, cost, penalty and expenses of whatever kind arising from any action on account of any injury to persons, including death, or property of any character occasioned by handling or use of the leased Equipment  during the rental period or while the Equipment is in the possession or control of the LESSEE.
  4. The LESSEE shall have and maintain general liability insurance to protect and indemnify the LESSOR from any losses arising from the LESSEE’S use of the Equipment during the rental period or while the Equipment is in the possession or control of the LESSEE.
  5. The LESSOR’s total liability to the LESSEE with respect to any and all damages arising from this contract shall be limited to the value of the goods and services ordered by the LESSEE under this contract.
  6. The LESSEE agrees to locate the Equipment in an easily accessible location to assure fast and efficient service and further agrees to keep the said Equipment free of any materials, snow, ice or other objects in order to facilitate the cleaning of the Equipment by the LESSOR or its agent.
  7. This Agreement may be terminated by the LESSEE if the LESSEE is not satisfied that the LESSOR has maintained the Equipment properly provided that the following conditions are met: the LESSEE registers a complaint immediately upon becoming aware of any issues with the Equipment and its maintenance; the LESSEE registers complaints by phoning the LESSOR, or by emailing the complaint and confirming receipt of the email and recording the name of the individual confirming receipt of the complaint, and the date & time of confirmation; the LESSOR is given the opportunity to verify the complaint as valid, reasonable, and legitimate; the LESSOR is given a reasonable time to respond to and rectify the problem so communicated; the conditions affecting the standard of quality of the Equipment and its maintenance being complained about are within the control of the LESSOR.
  8. The LESSEE hereby assumes full responsibility for any and all damage to the Equipment rented from the LESSOR.
  9. RESPONSIBILITY SHALL MEAN: freezing due to loss of power to heated units, fire & lightning, vandalism or malicious acts, theft, windstorm, falling object and any other unforeseen damage that may happen while this Equipment is in the possession of the LESSEE.
  10. It is understood and agreed that the LESSEE will return the Equipment at the end of the rental period in as good condition as when received by the Lessee, normal wear and tear excepted.
  11. The LESSEE will be held responsible for, and will pay to the LESSOR, the cost of repairing the Equipment if such Equipment is defaced inside and/or out by way of graffiti, painted remarks, glued posters, scratches, or any other damage to the surface of the Equipment.
  12. If the Equipment shall be damaged in any way, or for any reason shall not be returned, or shall be returned in a damaged or dismantled state or in need of repair, the LESSEE shall pay to the LESSOR, in addition to the rental charges the full cost of repair or replacement of such Equipment.
  13. If for any reason the Equipment is not available or accessible for cleaning at the agreed upon time, or cleaning is not possible due to adverse conditions created by the LESSEE, a maximum waiting period of ten (10) minutes will be allowed; if, after ten (10) minutes have elapsed the Equipment is still not available or accessible for cleaning, the LESSOR will not be liable for cleaning of the Equipment at the agreed upon time. If needed, extra cleaning trips can be arranged through the office at an additional cost to the LESSEE.
  14. When the Equipment is no longer required, the LESSEE must inform the LESSOR’s office and must ensure that the Equipment is available at, or is brought to, a location where it can be picked up by the LESSOR, failing which the rental contract will be continued at the original rate until the Equipment is made accessible for pick up.
  15. Any additional cleaning required because of vandalism, any malicious act, windstorm or any other action will be at the LESSEE’s expense.
  16. Where Damages to Equipment exceed repair and are considered by the LESSOR to be a complete loss, the LESSEE assumes full responsibility to pay the LESSOR the full cost of replacing the Equipment.
  17.  You agree that you have authority to bind the LESSEE and you have read and understood the terms of this Agreement and all the obligations of the LESSEE. You agree that this Agreement is effective upon email exchange and acceptance and a digital signature is not required.