Credit Application

Terms and Conditions

These Terms and Conditions and the Rental Agreement executed by or on behalf of the undersigned constitute a contract between the parties therein named which contract is hereafter referred to as “this Agreement”. For greater clarity, the undersigned (Also referred to as the “Renter”) hereby agrees that the conditions below stated are directly related to the rental of only the equipment listed in this Agreement, without an operator, from Canlift Equipment Ltd. The undersigned acknowledges that Canlift Equipment Ltd. (“Canlift”) is not responsible for the operation of the Equipment upon delivery.

1. DEFINTIONS. In these Terms and Conditions, the following definitions apply
i. “Agreement” means the Rental Agreement and the Terms and Conditions, including any schedules attached hereto.
ii. “Authorized Individuals” are those individuals that Renter directly or indirectly allows to use the Equipment, who must be properly trained and certified to use the Equipment, be at least 18 years of age or the legal age of majority in the jurisdiction, whichever is greater and are not under the influence of any drugs, alcohol, substances or otherwise impaired.
iii. “Ancillary Accessories” has the meaning set forth in section 8.iv.
iv. “Assignee” has the meaning set forth in Section 21.ii
v. “Canlift” has the meaning set forth in the preamble.
vi. “Equipment” means the equipment listed in the Rental Agreement or otherwise agreed upon by Canlift and the Renter.
vii. “Events of Default” has the meaning set forth in Section 25.
viii. “Party” means Canlift or the Renter and together both are the “Parties”.
ix. “Rental Agreement” means any completed reservation, order form, or other contract or agreement between Canlift Equipment Inc. and the undersigned, its directors, officers, employees, agents, representatives, or any other person or persons that execute the rental agreement on the undersigned’s behalf.
x. “Rental Charges” has the meaning set forth in section 6.
xi. “Rental Period” has the meaning set forth in section 3.
xii. “Renter” means the undersigned, its agents, representatives, officers, employees, or anyone signing this Agreement on the undersigned’s behalf.
xiii. “Site Address” is the location that Renter represents the Equipment will be located during the Rental Period identified earlier.
xiv. “Telematics Data”
2. TERMS. The Renter’s execution of this Agreement or taking possession of the Equipment (whichever occurs first) shall be deemed acceptance of the terms herein for this and all past and future agreements between Canlift and the Renter upon the Renter’s receipt of Equipment from Canlift under those contracts. The Equipment shall remain the personal property of Canlift and shall not be affixed to any other property. The Renter shall not pledge or encumber the Equipment in any manner.
3. RENTAL PERIOD. The Rental Period shall commence from the time specified on the Rental Agreement as “DATE/TIME OUT” and terminates on the date specified as “DUE” (the “Rental Period”). The Rental Period may only be extended by mutual consent of the Parties, in writing, which consent shall not be reasonably withheld. Notwithstanding the foregoing, Canlift may terminate the Rental Period at any time and take possession of the Equipment.
4. PROHIBITED USE. Renter shall not:
i. alter or cover up any decals or insignia on the Equipment, remove any operating or safety equipment or instructions or alter or tamper with the Equipment;
ii. assign its rights under this Agreement;
iii. move the Equipment from the Site Address without Canlift’s written consent; or
iv. use the Equipment in a negligent, illegal, unauthorized or abusive manner.
5. DEPOSITS. The Renter acknowledges that the purpose and intent of the deposit paid by the Renter hereunder is to secure the payment of Rental Charges hereunder and to guarantee the full and complete performance of all of the terms, covenants, and agreement to be performed by Renter hereunder. The Renter acknowledges that failure to comply with this Agreement may result in the forfeiture of the deposit monies.
6. PAYMENT OF RENTAL FEES. The Renter agrees to pay all charges, and costs for the use Equipment, on a full and final basis (“Rental Charges”).
7. TERMINATION UPON RETURN OF EQUIPMENT. The Renter’s right to use the Equipment terminates upon the expiration of the Rental Period as set forth above, unless extended in writing by Canlift, subject to the terms of this Agreement.
8. CONDITIONS OF HIRING, INSPECTION PRIVILEGE AND WAIVER DEFECTS. The Undersigned acknowledges and agrees that:
i. the Equipment is rented on an "as is" basis;
ii. All Equipment delivered by Canlift is in good working order and condition;
iii. the undersigned fully understands the Equipment’s proper operation and use, or has made provisions to retain someone that is qualified to operate the Equipment;
iv. the undersigned has examined all hitches, bolts, safety chains, hauling tongues, together with the devices and material used to connect
the Equipment to the Renter’s towing motor vehicle (“Ancillary Accessories”), if applicable, and the Ancillary Accessories are good working order and condition;
v. the undersigned is responsible for loading and unloading the goods, if Canlift’s employees assist in loading or unloading the goods, the
undersigned agrees to assume the risk of, and hold Canlift harmless for, any property damage or personal injuries, including damage and injuries attributable to the negligence of Canlift or Canlift’s employees;
vi. to return equipment to Canlift’s premises upon the expiration of the Rental Period hereof in as good working order and condition as when received by the undersigned, ordinary wear and tear excepted. "Ordinary wear and tear" shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one shift (eight hours per day, five days per week) basis; and,
vii. to pay immediately all charges and costs incurred.
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9. EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR. the undersigned will immediately discontinue use of the Equipment should it at anytime, following the execution of this Agreement becomes unsafe or in a state of disrepair. Furthermore, the undersigned will immediately notify Canlift that the Equipment is unsafe or in disrepair and until such time as Canlift has regained possession, the undersigned agrees to take all steps reasonably necessary to prevent injuries to any person and all property from the Equipment.
10. THEFT WARNING. Failure to return Equipment on the expiration of the Rental Period in certain circumstances will be considered a theft, and Canlift reserves the right to seek any and all legal remedies at its disposal.
11. COMPLIANCE WITH THE LAWS. The equipment may only be used and operated in a careful and proper manner, and where applicable, only by persons qualified to operate the Equipment, having the appropriate industry certifications as per industry standards, and subject to the relevant jurisdiction’s laws and regulations. It is the Renter’s sole responsibility to ensure compliance with all municipal, county, provincial and federal laws, ordinances, and regulations, including any industry certification requirements, relating to the possession, use, or maintenance of the Equipment.
12. RENTER'S LIABILITY FOR MISUSE OF EQUIPMENT. The Renter shall not abuse, harm, or misuse the Equipment. The Renter shall not permit any repairs to be made or lien to be placed upon the Equipment without Canlift’s written consent. In the event of any accident or incident resulting in bodily injury or property damages arising out of Renter's use and hiring of said Equipment, the Renter agrees to accept all responsibility and shall hold Canlift harmless from any claims or action arising therefrom. The Renter shall furnish Canlift with a complete report of any accident involving the Equipment, including the names and addresses of all persons involved, all witnesses, and any reports from law enforcement or relevant regulatory agencies. Unless otherwise specified in this Agreement, in the case of the loss or destruction of any part of the Equipment, or loss of possession thereof, or inability to return the same to Canlift, upon the expiration of the Rental Period, for any reason whatsoever, the
Renter shall pay Canlift the actual replacement cost thereof, and in addition thereto Canlift’s loss of use of said Equipment.
13. EQUIPMENT FAILURE OR DEFECT. In the case of failure or defect in the Equipment, other than defects or failures caused by misuse,
maloperation, or negligence on behalf of the Renter or other persons hired by the Renter, the Rental Price will be adjusted as of the time of
failure, provided the Equipment is returned to Canlift within 24 hours following such failure. Canlift is not responsible for any loss, damage, or injury to the Renter, the Renter’s property, any other person or persons hired by the Renter to operate the Equipment, or any other third-party.
14. DISCLAIMER OF WARRANTIES. CANLIFT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. RENTER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST CANLIFT, ITS AFFILIATES AND SUBSIDIARIES. RENTER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES CANLIFT, ITS AFFILIATES AND SUBSIDIARIES, FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS INSTALLATION, OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF, A BREACH OF CANLIFT’S
OBLIGATIONS HEREIN OR ERRORS OR INACCURACIES IN INFORMATION OBTAINED FROM RENTER OR THIRD PARTIES, UPON WHICH CANLIFT RELIES; PROVIDED HOWEVER, IF RENTER IS A CONSUMER UNDER APPLICABLE LAW, THEN NO CONSEQUENTIAL DAMAGES LIMITATION OF INJURIES TO PERSONS SHALL APPLY.
15. RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, RENTER INDEMNIFIES, RELEASES, HOLDS CANLIFT, ITS
AFFILIATES AND SUBSIDIARIES, HARMLESS AND AT CANLIFT’S REQUEST, DEFENDS CANLIFT, ITS AFFILIATES AND SUBSIDIARIES, (WITH COUNSEL APPROVED BY CANLIFT), FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEY’S AND/OR LEGAL FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO ANY INCIDENT, DAMAGE TO PROPERTY, INJURY OR DEATH OF ANY PERSON, CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR CONNECTED WITH THE ACCESS, USE, POSSESSION OR CONTROL OF THE EQUIPMENT BY RENTER OR ANY THIRD PARTY THAT RENTER IMPLICITLY OR EXPLICITLY PERMITS TO ACCESS, USE, POSSESS OR CONTROL THE EQUIPMENT DURING THE RENTAL PERIOD OR BREACH OF
THIS CONTRACT, WHETHER OR NOT CAUSED IN PART BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. RENTER ALSO AGREES TO WAIVE ITS WORKERS’ COMPENSATION IMMUNITY, TO THE EXTENT APPLICABLE. CANLIFT’S INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ALL OF RENTER’S INDEMNIFICATION OBLIGATIONS
UNDER THIS PARAGRAPH SHALL BE JOINT AND SEVERAL.
16. LIMITATION OF CANLIFT’S LIABILITY. IN CONSIDERATION OF THE RENTAL OF EQUIPMENT, RENTER AGREES THAT CANLIFT’S LIABILITY UNDER THIS AGREEMENT, INCLUDING ANY LIABILITY ARISING FROM CANLIFT’S, IT’S AFFILIATES AND SUBSIDIARIES, OR ANY THIRD PARTY’S COMPARATIVE, CONCURRENT, CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY STRICT OR ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY THE RENTER UNDER THIS AGREEMENT.
17. TAXES. The Renter covenants agrees to pay any and all taxes, licensing fees, permit fees, or any other fees arising out of the hiring and use of the Equipment or otherwise as a result of this Agreement. In the event of a claim by any government authority for taxes arising out of this Agreement, the Renter agrees to pay to Canlift said taxes upon demand, without consideration for passage of time.
18. TITLE. Title to the Equipment is and shall remain with Canlift. If the Equipment is levied upon for any reason whatsoever, Canlift may retake the Equipment without notice or legal process, and may take all action reasonably necessary to do so.
19. USE OF PERSONAL INFORMATION. The Renter authorizes consent of personal information provided for us to use, monitor, and disclose for the purpose of advertising, marketing, monitoring credit worthiness and or collecting for our use or a third party's use.
20. INSURANCE. During the Rental Period, Renter shall maintain, at its own expense, the following minimum insurance coverage:
i. for Renter using Equipment for non personal use, general liability insurance in an amount on a per occurrence as determined by Canlift from time to time, including coverage for Renter’s contractual liabilities herein such as the release and indemnification clause
contained in Section 15;
ii. for Renters using Equipment for non personal use, property insurance against loss by all risks to the Equipment, in an amount at least equal to the FMV thereof, unless Rental Protection is elected at the time of rental and paid for prior to any Incident;
iii. worker’s compensation insurance as required by law; and
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iv. automobile liability insurance (including comprehensive and collision coverage, and uninsured/underinsured motorist coverage), in
the same amounts set forth in subsections (i) and (ii), if the Equipment is to be used on any roadway. Such policies shall be primary,
non-contributory, on an occurrence basis, contain a waiver of subrogation, name Canlift and its agents as an additional insured
(including an additional insured endorsement) and loss payee, and provide for Canlift to receive at least 30 days prior written notice
of any cancellation or material change; and
v. any insurance that excludes any parts-related damage or overturns is a breach. Renter shall provide Canlift with certificates of insurance evidencing the coverages required above prior to any rental and any time upon Canlift’s request. To the extent Canlift, its affiliates and subsidiaries, carry any insurance, Canlift’s insurance will be considered excess insurance. The insurance required herein does not relieve Renter of its responsibilities, indemnification, or other obligations provided herein, or for which Renter may be liable by law or otherwise.
21. ASSIGNMENT AND SUB-RENTING. The Renter:
i. shall not assign or sublet or attempt to assign or sublet this Agreement or any of its rights under this Agreement or any part of the
Equipment without the prior written consent of Canlift.
ii. acknowledges and agrees that Canlift may, in the ordinary course of business obtain financing and grant security over or assign its interest in this contract and/or the Equipment to a finance company or other assignee (“Assignee”). Notwithstanding any other agreement between Canlift and Renter, the Renter’s rights to the Equipment shall at all times be subject and subordinate to the rights of the Assignee as the holder or beneficiary of a first fixed security interest in the Equipment.
iii. if Canlift defaults to an Assignee and the Assignee exercises any right it has following such default, the rights of Canlift under this
Agreement shall enure to the benefit of the Assignee, including:
(a) the Assignee shall have the benefit of all indemnities and covenants in this Agreement by the Renter for the benefit of Canlift;
(b) any rights the Renter otherwise has to extend the Rental Period of the Equipment shall terminate with immediate effect; and
(c) the Assignee shall not have any obligations, duties or liabilities with respect to the Equipment.
22. RENTAL PROTECTION. The Renter shall be deemed to accept Rental Protection by initialling the relevant portions of this Agreement or by failing to provide a Certificate of Insurance evidencing the appropriate equipment coverage. By accepting the Rental Protection, the Renter agrees to pay additional charge specified on the Rental Rate Sheet or on specific items as may be posted in Canlift’s office. Upon obtaining Rental Protection, the Renter shall have no responsibility for physical damage to the Equipment, save and except for the following, which, for greater clarity, the Renter shall be responsible for:
i. The first $250.00 of loss or damage from any cause other than those losses or damages set forth in subsections ii, iii, iv, v, vi, vii, viii, and ix of this section, for which Renter shall be fully responsible and liable, with respect to each individual item of equipment;
ii. The first $250.00 of loss or damage from any cause other than those losses or damages set forth in subsections i, iii, iv, v, vi, vii, viii and ix of this section, for which Renter shall be fully responsible and liable, with respect to motor trucks, excluding fork lifts;
iii. Loss or damage resulting from overloading or exceeding the rated capacity of Equipment;
iv. Loss or damage to motors, to other electrical appliances or devices caused by artificial electrical current;
v. Damage to tires and tubes caused by blowout, bruises, cuts, road hazards, or other causes inherent in the use of equipment;
vi. Loss or damage resulting from lack of lubrication or other normal services of Equipment;
vii. Loss or damage due to theft, mysterious disappearance, or shortage disclosed on inventory;
viii. Loss or damage caused by negligence of Renter, his employees, or persons to whom the Equipment is entrusted; and
ix. Use of the Equipment in violation of any of the terms of this agreement.
THE RENTAL PROTECTION IS NOT INSURANCE AND DOES NOT PROTECT RENTER FROM LIABILITY TO CANLIFT OR OTHERS ARISING OUT OF POSSESSION, CONTROL OR USE OF THE EQUIPMENT, INCLUDING INJURY OR DAMAGE TO PERSONS OR PROPERTY. RENTAL PROTECTION IS A CONTRACTUAL MODIFICATION OF RENTER’S LIABILITY.
23. INSURANCE CLAIMS. The Renter agrees that Canlift shall be subrogated for any recovery right that the Renter may have for damage to the Equipment rented hereunder, in the form of insurance protection for such damage. If the Renter has insurance covering such loss or damage, the Renter shall exercise all rights available under said insurance, take all action necessary to process said claim, and the Renter further agrees to assign said claim and pay and all proceeds from such insurance to Canlift. Upon request by Canlift, the Renter shall immediately provide the name of the Renter’s insurance agent, insurance company, and complete information concerning insurance coverage.
24. ACCOUNT SUSPENSION/TERMINATION/BLOCKING. Canlift reserves the right to suspend, terminate, and/or block the Renter’s accounts for any reason, including, but not limited to, suspicious/malicious activity or the account being compromised in any way.
25. EVENTS OF DEFAULT. The occurrence or happening of any one or more of the following events or conditions shall constitute an event of default (“Event of Default”) under this Agreement:
i. the Renter fails to perform or observe any obligation, covenant, condition, or agreement to be performed or observed by it hereunder;
ii. the Renter becomes insolvent or bankrupt;
iii. the Renter makes an assignment for the benefit of creditors or consents to the appointment of a trustee or receiver, or a trustee or receiver is appointed for the Renter or for part or all of its property without its consent;
iv. any bankruptcy, reorganization, arrangement, liquidation, or insolvency proceedings are instituted against the Renter;
v. the Renter fails to pay any instalment of the Rental Price on the due date thereof or any other amount owing by the Renter hereunder
when due;
vi. the Equipment becomes subject to any lien, attachment, or other encumbrance, except for any such lien, attachment, or encumbrance
related to Canlift;
vii. the Equipment, in the opinion of the Canlift, is stolen or is in danger of being confiscated or attached;
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viii. any of the Renter’s representations and warranties contained herein or any information contained in any documents requested by
Canlift in connection herewith is or becomes untrue or inaccurate;
ix. if an order is made or a resolution is passed for the dissolution, winding-up or liquidation of the Renter;
x. if there is a change in control of the Renter; or (xi) if the Renter ceases or threatens to cease to carry on its business.
26. ACCELERATION. Upon the occurrence of any one or more Event of Default, Canlift may, at its sole option, terminate this Agreement, with or without notice to the Renter, and the whole of the unpaid balance of the Rental Price, together with all applicable interest, taxes, expenses, and
costs, shall immediately become due and payable without demand or notice by Canlift. Until such outstanding monies are paid, interest shall be payable at the percentage rate of two percent (2%) per month, and for greater clarity, at the effective annual rate of twenty-six point eight three percent (26.83%) per annum.
27. COLLECTION OF DATA. The Renter consents to the collection, use and disclosure of the data and information Renter voluntarily provides to
Canlift, including personal identifiable information and financial information, as well as the data collected from the use of the Equipment, specifically, the Equipment’s use, performance, and location.
28. HEADINGS. The headings in this Agreement are inserted for reference only and do not affect the interpretation of this Agreement.
29. REFERENCES. This Agreement, including these Terms and Conditions, shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
30. NOTICE. Each Party shall deliver all notices, requests, consents, claims, demands, waivers and other communications under this Agreement (each, a "Notice") in writing and addressed to the other Party at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this Section). Each Party shall deliver all Notices by personal delivery, nationally recognized overnight courier (with all fees prepaid), facsimile or email of a PDF document (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt by the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
31. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and enure to the benefit of Canlift and its successors and assigns and be binding upon the Renter and its heirs, executors, administrators, successors and permitted assigns. If more than one person, firm or corporation executes this Agreement as Renter, their respective liabilities hereunder will be both joint and several but Canlift or its assignee will be fully discharged in respect of any obligation hereunder upon performance of that obligation by any one of them.
32. SEVERABILITY. If any portion of this Agreement is unenforceable, the remaining provisions continue in full force. Canlift’s failure to enforce strict performance of any provision of this Agreement does not mean Canlift has waived any provision or right. Neither the course of conduct between Canlift and the Renter nor trade practice modifies any provision of this Agreement.
33. GOVERNING LAW. This Agreement and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the laws of the Province of Ontario, and the federal laws of Canada applicable therein.
34. RENTER ACKNOWLEDGEMENT. I, the Renter, have reviewed the Agreement and agree to the terms set out therein and am authorized to bind the corporation.