CM RENTALS LTD.
MASTER EQUIPMENT RENTAL AGREEMENT
Version 1.0 | Effective 1 August 2026
This Master Equipment Rental Agreement (this “Agreement”) is made between CM Rentals Ltd., a British Columbia company (“Owner”), and the customer identified in the applicable Rental Schedule (“Renter”).
This Agreement governs every rental of Equipment by Renter from Owner, whether now or in the future, and forms part of each Rental Schedule. The particulars of each individual rental (including the Equipment rented, the Rental Period, the Charges, and the Damage Deposit) are set out in the Rental Schedule issued by Owner through its online booking system, which is incorporated into and forms part of this Agreement.
IMPORTANT NOTICE TO RENTER
BY ACCEPTING THIS AGREEMENT AT CHECKOUT, SIGNING IT ELECTRONICALLY, TAKING POSSESSION OF ANY EQUIPMENT, AUTHORIZING ANOTHER PERSON TO OBTAIN EQUIPMENT ON RENTER’S BEHALF, OR OTHERWISE USING ANY EQUIPMENT, RENTER CONFIRMS THAT:
(i) Renter is at least 19 years of age or, if a corporation, partnership or other entity, the person accepting this Agreement is authorized to bind that entity;
(ii) Renter has read, understood and agreed to be bound by this Agreement in its entirety;
(iii) Renter is not under the influence of alcohol, cannabis, drugs or any impairing substance;
(iv) Renter has the legal capacity and authority to enter into this Agreement for itself and for every person using, operating, transporting, handling or otherwise coming into contact with the Equipment through or under Renter; and
(v) Renter has had the opportunity to seek independent legal advice before accepting this Agreement.
THIS AGREEMENT CONTAINS AN ASSUMPTION OF RISK (SECTION 14), A LIMITATION OF OWNER’S LIABILITY (SECTION 21), AN INDEMNITY IN FAVOUR OF OWNER (SECTION 22), AND PROVISIONS MAKING RENTER RESPONSIBLE FOR THE FULL REPLACEMENT COST OF LOST OR DAMAGED EQUIPMENT (SECTION 17). THESE PROVISIONS AFFECT RENTER’S LEGAL RIGHTS AND REQUIRE RENTER’S SEPARATE INITIALS.
1. DEFINITIONS
In this Agreement:
“Agreement” means this Master Equipment Rental Agreement together with each Rental Schedule, each Schedule attached to it, and all policies, inspection reports, delivery records, return records, photographs, operating instructions and other documents incorporated by reference.
“Booking Deposit” means the portion of the rental Charges payable at checkout at the time a booking is made, being fifty percent (50%) of the rental Charges unless the Rental Schedule states otherwise.
“Charges” means all rental rates and fees set out in any Rental Schedule, together with Damage Deposits, taxes, levies, environmental charges, fuel and energy charges, delivery and pickup fees, cleaning charges, damage assessments, Loss of Use amounts, Replacement Costs, extension fees, holdover and late return rates, cancellation and no-show fees, administrative charges, dishonoured payment fees, interest, collection costs, and legal fees and disbursements, and all other amounts payable by Renter to Owner under this Agreement or any Rental Schedule, whether accruing before, during or after the Rental Period.
“Damage Deposit” means the amount held by Owner against Damage and other Charges in accordance with Section 8.
“Consumables” means blades, bits, discs, fasteners, abrasives, lubricants, personal protective equipment and other goods sold by Owner to Renter, as distinct from Equipment rented by Owner to Renter.
“Damage” means any loss of, damage to, destruction of, contamination of, seizure of, confiscation of, theft of, or adverse effect upon the Equipment arising during the Rental Period, including excessive wear, abuse, misuse, vandalism, unexplained disappearance, flood, fire, collision, overturn, improper loading, improper operation and weather related damage, ordinary wear and tear excepted.
“Default” has the meaning given in Section 26.
“Equipment” means all tools, machinery, attachments, accessories, parts, trailers, vehicles, hoses, batteries, chargers, cases, manuals, guards, keys, locks and other property rented, delivered or made available by Owner to Renter under any Rental Schedule. All Equipment is previously used and is described and represented by Owner as used goods.
“Loss” means any claim, demand, action, proceeding, judgment, liability, damage, loss, fine, penalty, cost or expense of any kind, including legal fees and disbursements on a solicitor and own client basis.
“Loss of Use” means Owner’s loss of rental revenue, loss of use, handling expense, administrative time, depreciation and related losses arising from Equipment being unavailable for rent or use for any reason, whether or not substitute equipment is available or actually rented.
“Protected Parties” means Owner and each of its current and former directors, officers, shareholders, employees, agents, independent contractors, subcontractors, insurers, representatives, successors and assigns.
“Rental Period” means the period beginning when the Equipment leaves Owner’s premises or is otherwise made available to Renter, and ending only when the Equipment is returned to Owner in accordance with Section 4 or Section 5.
“Rental Schedule” means the booking confirmation, rental record, order summary, invoice, delivery slip or other document issued by Owner (including any document generated by Owner’s online booking system) that identifies the Equipment, the Rental Period, the Charges and the Damage Deposit applicable to a particular rental.
“Replacement Cost” means the reasonable full retail replacement cost of the Equipment as determined by Owner acting in good faith, including freight, taxes, setup, accessories and administrative costs. Owner may apply a reasonable depreciation factor in its discretion having regard to the age and condition of the Equipment.
2. FORMATION, ACCEPTANCE AND VERSION CONTROL
(a) This Agreement is made available to Renter on Owner’s website before any booking is completed. Renter’s acceptance of this Agreement at checkout, by ticking the acknowledgment box adjacent to the payment button, constitutes Renter’s agreement to be bound by it.
(b) A booking is accepted by Owner conditionally. No Equipment will be released to Renter until Renter has signed this Agreement electronically and completed the identity verification steps required by Owner. Owner will issue the electronic signature request following checkout.
(c) If Renter does not sign this Agreement electronically before the scheduled pickup or delivery time, Owner may cancel the booking and will refund the Booking Deposit and any other amount paid by Renter in full, without deduction. Owner has no further liability to Renter in that event.
(d) The version of this Agreement in force at the time of checkout governs the rental. Owner will make each version available on its website, identified by version number and effective date, and will retain a copy of each superseded version.
(e) Owner will provide Renter with a copy of the executed Agreement and the Rental Schedule by email.
3. RENTAL OF EQUIPMENT
Subject to this Agreement, Owner agrees to rent to Renter, and Renter agrees to rent from Owner, the Equipment described in the applicable Rental Schedule. Each rental is a bailment only. Title to and ownership of the Equipment remains at all times solely with Owner. Renter acquires no right, title or interest in the Equipment except the temporary right to use it strictly in accordance with this Agreement.
4. RENTAL PERIOD, PICKUP AND RETURN
(a) The Rental Period commences when the Equipment leaves Owner’s premises or is otherwise made available to Renter or Renter’s authorized designate under a Rental Schedule, delivery slip or booking confirmation, whether or not Renter has physically attended at Owner’s premises.
(b) Subject to Section 5, the Rental Period continues until the Equipment is returned to, inspected by and accepted by Owner. Notification by Renter that the Equipment is available for pickup, or delivery of the Equipment to a third party, does not constitute return unless Owner agrees otherwise in writing.
(c) Renter shall return the Equipment on or before the scheduled return date and time set out in the Rental Schedule, in the same condition as received, ordinary wear and tear only excepted, and with all accessories, attachments, manuals, guards, keys, locks, chargers, batteries, cases and components present and intact.
(d) If no specific return date is stated, the rental is a day to day rental and may be terminated by Owner at any time on demand for immediate return.
(e) Time is of the essence with respect to all return obligations.
5. UNATTENDED PICKUP AND RETURN
Owner may, at its option, make Equipment available for unattended pickup and return using a secured cabinet and electronic lock box at Owner’s premises. Where Owner does so, the following provisions apply and prevail over Section 4 to the extent of any inconsistency. The operational procedure is set out in Schedule B.
Unattended pickup
(a) Owner will place the Equipment in a numbered compartment, photograph it in place, and provide Renter with access instructions and a single use access code valid only for the period specified by Owner.
(b) The Rental Period commences at the earlier of (i) the time the access code is first used, and (ii) the scheduled pickup time set out in the Rental Schedule.
(c) Renter shall inspect the Equipment immediately on collection. Renter shall notify Owner of any defect, damage, missing component or safety concern before using the Equipment and in any event within two (2) hours of collection. If Renter does not do so, the photographic record made by Owner at the time of placement is prima facie evidence of the condition of the Equipment at the commencement of the Rental Period.
(d) Renter shall not share the access code with any person other than a person authorized by Renter to collect the Equipment, and Renter is responsible for the acts and omissions of any person who uses the access code.
Unattended return
(e) Renter shall return the Equipment by placing it, complete with all accessories, in the compartment identified by Owner, closing and locking that compartment, returning the key to the lock box, and sending Owner the confirmation photograph and notification required by Schedule B, in each case on or before the scheduled return time.
(f) Rental Charges cease to accrue at the time the compartment is locked and the confirmation notification is sent, provided Renter has complied with Section 5(e) in full. Risk of loss of or damage to the Equipment passes to Owner at that time.
(g) Equipment left anywhere other than in the designated compartment, or left with the compartment unlocked, or returned without the confirmation notification, is not returned for the purposes of this Agreement. Rental Charges and holdover rates continue to accrue and Renter remains responsible for the Equipment until Owner takes actual possession of it.
(h) Owner will inspect returned Equipment during Owner’s next available business hours. Owner may retain the Damage Deposit until that inspection is completed. Owner may charge Renter for Damage identified on inspection in accordance with Sections 17 and 18, and the fact that Equipment was returned by unattended return does not limit that right.
(i) Owner may in its discretion decline to make any item of Equipment available for unattended pickup or return.
6. RENTAL RATES, EXTENSIONS AND AVAILABILITY
(a) Rental rates may be quoted on a daily, weekend, weekly, four week, monthly or other basis. Unless Owner states otherwise in writing, a day means up to twenty four (24) consecutive hours, a week means seven (7) consecutive days, and a month means twenty eight (28) consecutive days.
(b) Rental rates are based on ordinary single shift use unless otherwise stated. Additional usage, overtime usage or excessive wear may result in additional Charges.
(c) Extensions are not automatic. Renter must request any extension before the scheduled return time, and an extension is effective only if approved by Owner in writing. A confirmation email or on screen confirmation generated by Owner’s booking system constitutes Owner’s written approval for the purposes of this Section. Owner may refuse any extension in its sole discretion.
(d) If Equipment is not returned by the scheduled return date and time, Owner may charge holdover or late return rates at Owner’s then current applicable rate, in addition to all other Charges and remedies. Renter is liable for Owner’s operational losses arising from Renter’s failure to return the Equipment on time, including losses arising from Owner’s inability to fulfil existing commitments to other customers.
(e) Reservations do not guarantee Equipment availability. Owner may substitute comparable equipment, or cancel a reservation, if Equipment is unavailable, unsafe, damaged, delayed, not returned by a previous renter, or otherwise not suitable for rental. Where Owner cancels a reservation under this Section, Owner will refund all rental Charges paid by Renter for the cancelled reservation in full.
(f) Subject to Section 6(e), Owner has no liability for any delay, cancellation, non availability or substitution of Equipment.
7. CANCELLATIONS, CHANGES AND NO SHOWS
(a) Renter may cancel a booking by notifying Owner in writing. A cancellation charge applies, calculated by reference to the time at which Owner receives the cancellation notice:
|
Notice received |
Cancellation charge |
Effect on Booking Deposit |
|
48 hours or more before scheduled pickup |
Nil |
Refunded in full |
|
Between 24 and 48 hours before scheduled pickup |
25% of the rental Charges |
Half refunded |
|
Less than 24 hours before scheduled pickup |
50% of the rental Charges |
Retained in full |
|
Failure to collect at the scheduled time (no show) |
50% of the rental Charges |
Retained in full |
(a.1) The cancellation charge is satisfied out of the Booking Deposit. Owner will not charge Renter any amount beyond the Booking Deposit on a cancellation, and the balance of the rental Charges does not become payable.
(b) Renter may request a change to the dates of a booking. Owner will accommodate a change request received 48 hours or more before the scheduled pickup where the Equipment is available, at no charge. Change requests received later than that are treated as a cancellation and a new booking.
(c) Where the charge for the balance of the rental Charges is declined at or before release and Renter does not provide an alternative payment method, Owner may cancel the booking and the cancellation charge applicable to a cancellation made less than 24 hours before scheduled pickup applies.
(d) Owner may waive or reduce a cancellation charge in its discretion. Any such waiver applies only to the booking in question.
(e) Where Owner cancels a booking under Section 2(c) or Section 6(e), Renter receives a full refund of all amounts paid, including the Booking Deposit.
(f) Nothing in this Section limits any cancellation right that a consumer has under the Business Practices and Consumer Protection Act which cannot lawfully be waived.
8. PAYMENT TERMS, SECURITY DEPOSIT AND CARD AUTHORITY
(a) Payment in two stages. Fifty percent (50%) of the rental Charges (the “Booking Deposit”) is payable at checkout at the time the booking is made. The balance of the rental Charges is payable at or before the time the Equipment is released to Renter. The amount and timing of each payment are set out in the Rental Schedule.
(a.1) Renter authorizes Owner to charge the payment method on file for the balance of the rental Charges at or before release. If that charge is declined and Renter does not immediately provide an alternative payment method acceptable to Owner, Owner may refuse to release the Equipment and may cancel the booking, in which case Section 7(c) applies.
(b) Renter shall pay all Charges when due without set off, deduction, counterclaim or withholding of any kind.
(c) Damage Deposit. Owner requires a Damage Deposit for each rental. The amount of the Damage Deposit is stated in the Rental Schedule and is, unless otherwise stated, twenty percent (20%) of the rental Charges, subject to the minimum and maximum amounts published by Owner from time to time and to any higher amount that Owner reasonably requires having regard to the Replacement Cost of the Equipment. Owner may take the Damage Deposit by pre authorization hold on Renter’s credit card, by charge to Renter’s credit card, or by any other means Owner accepts.
(d) The Damage Deposit is taken at or before the time the Equipment is released and is held until Owner has inspected the returned Equipment. Owner may apply the Damage Deposit against any Charges owing, including Damage, cleaning, refuelling, recharging, missing components, late return and administrative charges. Owner will release the balance of the Damage Deposit within three (3) business days after inspection. Where the deposit was taken by pre authorization hold, the time taken for the hold to be removed from Renter’s account after release is determined by Renter’s financial institution and is outside Owner’s control.
(e) If the Charges properly owing exceed the Damage Deposit, Owner will invoice Renter for the difference and Renter shall pay that invoice within fifteen (15) days.
(f) Renter authorizes Owner to charge any credit card, debit card or other payment method provided by or on behalf of Renter for all Charges, whether incurred at the outset of, during, or after the Rental Period, including Damage discovered on inspection after return. This authority is a continuing authority and survives the end of the Rental Period.
(g) Interest. Interest is payable on any amount invoiced by Owner under Section 8(e), and on any other Charge that remains unpaid more than fifteen (15) days after the date of Owner’s invoice, at the rate of two percent (2%) per month, being twenty four percent (24%) per annum, calculated and compounded monthly, or the maximum rate permitted by law, whichever is less, from the date of the invoice until paid in full. Interest is not charged on amounts satisfied out of the Damage Deposit.
(h) Renter shall pay an administrative charge determined by Owner for any dishonoured payment, declined or reversed pre authorization, chargeback, stop payment or non sufficient funds transaction, together with all resulting bank charges.
(i) Renter shall not initiate a chargeback or payment dispute in respect of Charges properly incurred under this Agreement without first raising the matter with Owner in writing and allowing Owner a reasonable opportunity to respond.
(j) Renter shall reimburse Owner for all costs incurred in collecting overdue amounts or enforcing this Agreement, including administrative costs, skip tracing costs, collection agency fees, court costs, repossession costs, and legal fees and disbursements on a solicitor and own client basis.
9. TAXES AND ADDITIONAL CHARGES
Renter shall pay all applicable federal, provincial and local taxes, levies, fees, environmental handling charges and similar amounts arising from the rental, use, transportation, possession or return of the Equipment. Renter shall also pay all delivery, pickup, loading, unloading, cleaning, refuelling, recharging, lubrication and wear item charges applicable to the Equipment.
10. EQUIPMENT CONDITION, INSPECTION AND USED GOODS
(a) All Equipment rented under this Agreement is previously used equipment. Owner describes and represents the Equipment as used goods. Equipment is rented on an “as is, where is” basis subject only to the terms of this Agreement and to any right that cannot lawfully be excluded.
(b) Before taking possession of the Equipment, Renter has had the opportunity to inspect it and to ask questions about its operation. Renter may request any pre rental inspection record and any maintenance record that exists for the Equipment, and Owner will provide a copy of any such record on request. Owner does not warrant that any inspection record or maintenance log exists for any particular item of Equipment and does not provide such records automatically.
(c) Renter is encouraged to photograph the Equipment at the time of collection and to notify Owner immediately of any visible defect.
(d) Unless Renter identifies a specific deficiency to Owner in writing before use, Renter acknowledges that Renter has inspected the Equipment, that the Equipment has been received in satisfactory condition for used equipment of its type and age, and that all required accessories and safety devices present at the time of rental have been received.
(e) Renter shall inspect the Equipment again before each use and shall not use, and shall immediately cease using, any Equipment that appears damaged, defective, unsafe or improperly functioning.
(f) Any inspection checklist, delivery record, return record, usage log, photograph, video, telematics data, GPS data or other record created by Owner before, during or after the Rental Period is admissible as evidence between the parties and is incorporated into this Agreement by reference.
(g) Owner’s failure to note a visible defect or Damage at the time of release or return does not prejudice Owner’s right to identify and recover for Damage not then apparent.
11. OPERATING INSTRUCTIONS AND MANUALS
(a) Owner maintains an online library of manufacturer operating instructions and manuals for the Equipment at manuals.cmrental.ca. The manual for each item of Equipment is also linked from the product page for that item and is attached to the electronic signature request issued to Renter.
(b) Renter shall read the operating instructions for each item of Equipment before using it, and shall ensure that every person who operates the Equipment does the same.
(c) Owner provides manufacturer materials as a convenience. Owner did not prepare those materials and does not warrant that they are complete, current or applicable to Renter’s intended use.
RENTER’S ACKNOWLEDGMENT: I confirm that I have received and reviewed the operating instructions for the Equipment I am renting. Initials: _______
12. USE OF EQUIPMENT
A. Renter shall not, and shall not permit any other person to:
(a) sub rent, lend, assign, transfer, encumber, sell, mortgage, pledge or part with possession of the Equipment;
(b) use the Equipment for any unlawful, improper, reckless or negligent purpose, or for any of the following uses without Owner’s prior written authorization: (i) roofing, elevated or aerial work without approved fall protection in place; (ii) lifting or carrying persons; (iii) hazardous demolition work, including work involving asbestos, lead or other regulated substances; (iv) tree work, limbing or forestry operations; (v) underground utility work or excavation near known utilities without proper locates; (vi) electrical work in wet, flooded or uncontrolled environments; (vii) racing, stunt operation, recreational misuse, or any activity beyond manufacturer rated specifications; (viii) use in confined spaces without compliant confined space procedures; or (ix) any application for which the Equipment is not designed or rated by the manufacturer;
(c) alter, modify, repair, service, disassemble, remove safety devices or guards from, tamper with, or add attachments to the Equipment without Owner’s prior written consent;
(d) remove the Equipment from British Columbia without Owner’s prior written consent;
(e) use the Equipment while under the influence of alcohol, cannabis, drugs, impairing medication or fatigue;
(f) permit the Equipment to be used by any minor or by any person lacking the required competence, training or authorization.
B. Renter shall:
(a) use the Equipment only for its intended purpose and in a careful, safe, lawful and proper manner;
(b) use the Equipment only at the location disclosed to Owner. Where Renter is a commercial or contractor user, this requirement is satisfied by Renter’s disclosure of a general project area or municipality at the time of booking;
(c) ensure that the Equipment is operated only by persons who are competent, properly trained, physically capable, sober, attentive and, where required by law, properly certified or licensed;
(d) comply at all times with all laws, bylaws, regulations, occupational health and safety requirements, permit requirements, manufacturer instructions, warnings, load limits and operating manuals;
(e) keep the Equipment in Renter’s custody and control and protect it from misuse, abuse, overloading, theft, vandalism, weather exposure, contamination and unauthorized access. Renter may permit a qualified person to operate the Equipment, and remains responsible to Owner for that person’s acts and omissions.
13. SAFETY ACKNOWLEDGMENTS
WARNING. PLEASE READ CAREFULLY. THIS SECTION CONTAINS IMPORTANT ACKNOWLEDGMENTS ABOUT HAZARDS ASSOCIATED WITH RENTAL EQUIPMENT. RENTER’S INITIALS ARE REQUIRED AT THE END OF THIS SECTION.
Renter acknowledges and agrees that:
(a) power tools, saws, planers, trailers, compact equipment, excavation equipment and other rental equipment are inherently dangerous and may cause serious personal injury, death, property damage, electric shock, crushing, amputation, burns, lacerations, projectile injury, rollover and other severe hazards;
(b) safe operation of the Equipment depends on many factors beyond Owner’s control, including site conditions, operator judgment, training, maintenance during the Rental Period, weather, transportation, loading and storage;
(c) Owner has not undertaken to supervise the use of the Equipment or to determine whether any user is competent or whether any site or intended application is suitable;
(d) Renter is solely responsible for selecting appropriate Equipment for the intended task and for ensuring that all users are properly instructed, trained, supervised and equipped;
(e) Renter is solely responsible for providing and requiring the use of all necessary personal protective equipment, guarding, tie downs, supports, barriers, signage and other safety measures;
(f) Owner drew Renter’s attention to this Section before releasing the Equipment, and Renter had the opportunity to ask questions about the hazards associated with the Equipment, its safe operating requirements and applicable safety measures before taking possession.
RENTER’S INITIALS, SAFETY ACKNOWLEDGMENTS: I have read, understood and agree to the Safety Acknowledgments in Section 13. Initials: _______
14. ASSUMPTION OF RISK
NOTICE. THE FOLLOWING PROVISIONS SIGNIFICANTLY AFFECT RENTER’S LEGAL RIGHTS. RENTER IS ADVISED TO READ THIS SECTION CAREFULLY AND TO SEEK INDEPENDENT LEGAL ADVICE IF IN DOUBT.
To the fullest extent permitted by law, Renter voluntarily and knowingly assumes all risks, known and unknown, foreseeable and unforeseeable, associated with the selection, loading, transportation, delivery, possession, fuelling, charging, assembly, installation, operation, maintenance, storage, return, and use or misuse of the Equipment, including risks of personal injury, death, amputation, crushing, burns, electric shock, laceration, fall, rollover, property damage and business interruption affecting Renter or any third party. This assumption of risk does not apply to the extent that an injury or loss is directly caused by Owner’s own gross negligence or wilful misconduct.
Renter acknowledges that Owner would not rent the Equipment at the rates charged except on the basis of the allocation of risk set out in this Agreement, including this assumption of risk, the limitation of liability in Section 21 and the indemnity in Section 22. Renter has made an informed and voluntary decision to accept that allocation.
RENTER’S INITIALS, ASSUMPTION OF RISK: I have read, understood and agree to the Assumption of Risk in Section 14. Initials: _______
15. MAINTENANCE, CARE, STORAGE AND BREAKDOWN
(a) Renter shall, at Renter’s sole cost, keep the Equipment in good operating condition during the Rental Period, properly lubricated, charged, fuelled, cleaned, secured and protected, subject to ordinary wear and tear.
(b) Renter shall immediately notify Owner of any breakdown, malfunction, damage, unusual operation, accident, seizure, theft, police involvement, claim or incident involving the Equipment.
(c) If the Equipment becomes unsafe or inoperable, Renter shall stop using it immediately and follow Owner’s instructions. Renter shall not continue operating damaged or malfunctioning Equipment.
(d) Renter shall not repair or attempt to repair the Equipment without Owner’s prior written consent. If Owner authorizes repairs, they shall be performed only as Owner directs, and no credit or reimbursement is due unless approved by Owner in writing in advance.
(e) Where Equipment fails through no fault of Renter and Owner is unable to supply a working replacement, Owner will credit or refund the rental Charges for the unused portion of the Rental Period. That credit or refund is Renter’s sole remedy, subject to Section 21 and to any right that cannot lawfully be excluded.
(f) Subject to Section 15(e), Owner is not liable for any delay, loss, damage, injury, expense or inconvenience resulting from any breakdown, defect, failure or interruption in the operation of the Equipment.
16. TRANSPORTATION, LOADING AND DELIVERY
(a) Unless Owner agrees in writing to provide transportation, Renter is solely responsible for loading, securing, transporting, unloading and reloading the Equipment in compliance with all applicable laws and safe practices. Owner may assist as a courtesy only, without assuming responsibility for transportation, securement, suitability of vehicle or any resulting Loss.
(b) Renter assumes all risk of Loss during transportation, whether performed by Renter, Owner or any third party, except to the extent caused solely by Owner’s gross negligence or wilful misconduct.
(c) Where Owner agrees to deliver or collect Equipment:
(i) delivery and collection charges are as set out in the Rental Schedule;
(ii) Renter shall provide safe, lawful and unobstructed access to the delivery point, and shall be responsible for ground conditions, overhead hazards, gates, locks, animals and site safety;
(iii) Renter or an authorized representative of Renter shall be present to receive the Equipment unless Renter has authorized unattended delivery in writing. Where unattended delivery is authorized, the Rental Period commences and risk passes to Renter on placement of the Equipment at the agreed location, and Owner’s photographic record of placement is prima facie evidence of the condition of the Equipment at that time;
(iv) Owner’s driver is not authorized to operate the Equipment at Renter’s site, to advise on the suitability of the site or the task, or to make any representation about the Equipment; and
(v) if Owner attends to deliver or collect Equipment and is unable to do so because of Renter’s act or omission, Renter shall pay Owner’s published wasted trip charge.
17. LOSS, DAMAGE, THEFT, SEIZURE AND DESTRUCTION
(a) Except to the extent directly and solely caused by Owner’s own gross negligence or wilful misconduct, Renter is responsible and liable for any Damage to the Equipment occurring during the Rental Period, regardless of cause.
(b) Without limiting Section 17(a), Renter is liable for theft, disappearance, vandalism, collision, overturn, misuse, overloading, improper maintenance, contaminated fuel, improper electrical supply, freezing, flooding, fire, seizure, confiscation and all unexplained loss.
(c) Where Damage is repairable, Renter shall pay all costs of inspection, transportation, repair, parts, labour, testing, calibration, shop supplies, environmental handling, subcontracted services and Loss of Use.
(d) Where the Equipment is lost, stolen, destroyed, seized, confiscated, not returned, or damaged beyond economical repair as determined by Owner, Renter shall pay the Replacement Cost together with Loss of Use, administrative costs, recovery costs and all other resulting Charges.
(e) Rental Charges continue to accrue until the earlier of the date the Equipment is returned and accepted by Owner in the required condition and the date all amounts owing for replacement or irreparable loss are paid in full.
(f) Renter shall immediately report any theft, vandalism, accident or suspected criminal act to the police and to Owner, shall obtain a police file number where applicable, and shall cooperate fully in any investigation, insurance process and recovery effort.
(g) Owner’s reasonable determination of whether Equipment is repairable or beyond economical repair, whether Damage exceeds ordinary wear and tear, and the amount of any Loss of Use and Replacement Cost, constitutes prima facie evidence of those matters. Renter bears the burden of establishing any material error in Owner’s determination by credible independent evidence.
18. NON WAIVER ON RETURN
Acceptance by Owner of returned Equipment does not waive any right arising from hidden damage, missing parts, excessive wear, contamination, abuse, late return or other breach not reasonably discoverable at the time of return. Owner may inspect the Equipment after return and invoice Renter for additional Charges.
19. INSURANCE
(a) Renter is solely responsible for obtaining, at Renter’s own expense, any insurance Renter considers necessary or prudent in connection with the Equipment and the risks assumed under this Agreement.
(b) Owner does not provide insurance for Renter unless Owner states otherwise in writing in a separate document signed by Owner. Any damage waiver offered by Owner is not insurance.
(c) Owner makes no representation that Renter is covered by any policy of insurance for any Loss relating to the Equipment. Renter should not assume that a homeowner, tenant or automobile policy responds to Damage to rented equipment.
(d) Where Renter is a business, contractor, corporation, partnership, sole proprietor or other commercial user, Owner may require proof of insurance satisfactory to Owner, including commercial general liability insurance and property coverage for rented equipment, naming Owner as additional insured or loss payee as Owner requires. Owner may refuse to release Equipment pending receipt of that proof.
(e) Renter’s insurance, if any, is primary and non contributory to any insurance maintained by Owner.
20. SALE OF CONSUMABLES, BLADES, ACCESSORIES AND PPE
(a) Consumables are sold, not rented. Title to and risk in Consumables passes to Renter on payment. Consumables are not part of the Equipment and are not returnable once used or installed.
(b) Renter is responsible for selecting Consumables that are compatible with the Equipment and appropriate for the intended task, and for installing them correctly in accordance with the manufacturer’s instructions. Where Renter installs a blade, bit, disc or other Consumable, installation is Renter’s responsibility. Owner will install a purchased blade or accessory on request before release of the Equipment, at no charge, and Renter is encouraged to make that request.
(c) Owner sells personal protective equipment as a convenience only. Owner does not represent or warrant that any item of personal protective equipment is suitable, rated or adequate for any particular task, hazard or item of Equipment. Renter is solely responsible for selecting appropriate personal protective equipment. Any rating, standard or specification shown on a product listing is reproduced from the manufacturer’s own published material.
(d) Owner passes through to Renter the benefit of any manufacturer warranty applicable to Consumables, to the extent that warranty is transferable.
(e) Subject to Section 20(f), and to the fullest extent permitted by law, Owner excludes all conditions, warranties and representations relating to Consumables other than those expressly set out in this Agreement.
(f) Nothing in this Section excludes, restricts or modifies any condition or warranty implied by the Sale of Goods Act or any other statute where that exclusion, restriction or modification would be void or unenforceable, including in the case of a retail sale of new goods to a consumer.
21. LIMITATION OF LIABILITY AND EXCLUSION OF WARRANTIES
NOTICE. THIS SECTION SIGNIFICANTLY LIMITS OWNER’S LIABILITY AND EXCLUDES WARRANTIES. IF RENTER DOES NOT ACCEPT THESE LIMITATIONS, RENTER MUST NOT TAKE POSSESSION OF THE EQUIPMENT.
(a) The Equipment is used equipment, is described and represented by Owner as used goods, and is rented on an “as is, where is” basis. To the fullest extent permitted by law, Owner excludes all conditions, warranties, representations and terms, whether express, implied or statutory, relating to the Equipment, including as to condition, quality, durability, merchantability, fitness for any particular purpose and compliance with description.
(b) To the fullest extent permitted by law, the Protected Parties are not liable to Renter or any other person for any Loss arising out of or relating to the Equipment or this Agreement, including any Loss alleged to result from delivery delay, non delivery, unavailability, breakdown, malfunction, defect, failure, improper operation, instructions, warnings, repossession, or any act or omission of any Protected Party, except to the extent directly caused by a Protected Party’s own gross negligence or wilful misconduct.
(c) Without limiting Section 21(b), no Protected Party is liable for any indirect, consequential, special, incidental, exemplary, aggravated or punitive damages, or for any loss of profits, loss of revenue, loss of production, loss of business opportunity, loss of contract, loss of goodwill, business interruption, downtime, delay costs or loss of use, even if advised of the possibility of such damages.
(d) To the fullest extent permitted by law, the aggregate liability of all Protected Parties, collectively, for all claims arising out of or relating to any rental of Equipment shall not exceed the greater of (i) the total rental Charges actually paid by Renter to Owner for the item of Equipment giving rise to the claim during the applicable Rental Period, and (ii) one thousand dollars ($1,000.00). This cap does not apply to liability for gross negligence or wilful misconduct.
(e) Nothing in this Section excludes or limits any liability that cannot lawfully be excluded or limited, or any right of a consumer under the Business Practices and Consumer Protection Act or the Sale of Goods Act that cannot lawfully be waived.
RENTER’S INITIALS, LIMITATION OF LIABILITY: I have read, understood and agree to the limitation of Owner’s liability in Section 21. Initials: _______
22. INDEMNITY
NOTICE. THIS SECTION REQUIRES RENTER TO DEFEND AND INDEMNIFY OWNER AGAINST THIRD PARTY CLAIMS. PLEASE READ CAREFULLY.
Renter shall defend, indemnify and hold harmless the Protected Parties from and against all Losses arising out of or relating to:
(a) the Equipment or its selection, delivery, loading, unloading, transportation, possession, maintenance, storage, operation or use;
(b) any personal injury, death, property damage, environmental harm, contamination, trespass, nuisance, lien, fine, penalty or regulatory breach associated with the Equipment or Renter’s activities;
(c) any breach by Renter of this Agreement;
(d) any negligence, recklessness, unlawful act or omission of Renter or of any person permitted access to the Equipment by Renter;
(e) any claim by a third party, including any employee, contractor, customer, family member, bystander or invitee of Renter; and
(f) any enforcement action, repossession, recovery or collection effort undertaken by Owner under this Agreement.
This indemnity is continuing, is independent of any insurance maintained by Renter or Owner, and survives return of the Equipment, expiry or termination of this Agreement, and payment of all amounts otherwise owing. It does not apply to the extent that a Loss is directly caused by Owner’s own gross negligence or wilful misconduct.
RENTER’S INITIALS, INDEMNITY: I have read, understood and agree to the indemnity in Section 22. Initials: _______
23. COMMERCIAL USE
Where Renter rents Equipment for business, trade, occupational, revenue generating, construction, renovation, landscaping, service or contractor purposes:
(a) Renter is a sophisticated commercial party acting in the course of its business or trade;
(b) Renter has had a meaningful opportunity to review this Agreement, to seek independent legal advice and to conduct its own due diligence before entering into it;
(c) Renter acknowledges that the allocation of risk in this Agreement, including the assumption of risk, limitation of liability and indemnity provisions, is a commercially reasonable outcome for an arm’s length equipment rental transaction of this nature; and
(d) Renter acknowledges that this Agreement is not a retail sale or lease within the meaning of section 20 of the Sale of Goods Act, and that the exclusions and limitations in this Agreement apply in full.
24. CONSUMER USE
Where Renter is an individual renting Equipment primarily for personal, family or household purposes (a “Consumer Renter”):
(a) nothing in this Agreement excludes or restricts any right, warranty, remedy or protection that cannot lawfully be waived under applicable consumer protection legislation in British Columbia, including the Business Practices and Consumer Protection Act and the Sale of Goods Act, and any such right applies to the extent required by law;
(b) to the extent any provision of this Agreement conflicts with a non waivable consumer protection right, that provision is read down or severed to the minimum extent necessary to give effect to that right;
(c) the Equipment is used equipment and is expressly described and represented by Owner as used goods;
(d) the Equipment remains inherently dangerous, and all safety requirements, use restrictions and return obligations apply in full to Consumer Renters; and
(e) Owner draws Consumer Renters’ specific attention to the assumption of risk (Section 14), the loss and damage provisions (Section 17), the limitation of liability (Section 21) and the indemnity (Section 22).
25. IDENTITY VERIFICATION AND AUTHORIZATION
(a) Renter authorizes Owner to request, collect, copy, scan, retain and use identification and related records, including driver’s licence information, business identification, credit card information, billing address, telephone numbers, email addresses, emergency contacts, vehicle information and other identifying data reasonably required by Owner. Owner may require Renter to upload a copy of government issued photo identification through Owner’s electronic signature platform.
(b) Renter represents and warrants that (i) Renter is at least 19 years of age; (ii) Renter has full legal capacity to enter into this Agreement; (iii) if Renter is a corporation, partnership, society or other entity, the person accepting this Agreement is duly authorized to bind that entity; (iv) Renter is not under the influence of alcohol, cannabis, drugs or any substance that impairs judgment or ability; and (v) Renter will not allow any person who lacks the foregoing qualifications to operate or use the Equipment.
(c) Renter consents to identity verification, fraud prevention screening, credit assessment, account review, and verification of contact, employment and business information by Owner or its service providers.
(d) Renter authorizes Owner to contact references, financial institutions, payment processors, insurers, collection agencies, credit reporting agencies and law enforcement authorities where reasonably necessary for business, legal, enforcement, fraud prevention, recovery or collection purposes.
(e) Renter represents that all information provided to Owner is true, complete and current, and shall promptly notify Owner of any material change.
26. DEFAULT
Each of the following is an event of default (“Default”):
(a) failure by Renter to pay any amount when due;
(b) failure to return Equipment when due or on demand;
(c) breach of any covenant, representation, warranty or obligation under this Agreement;
(d) misuse, abuse, unauthorized relocation, unlawful use, or endangered condition of the Equipment;
(e) providing false, misleading or incomplete information to Owner;
(f) insolvency, bankruptcy, assignment into bankruptcy, proposal, receivership, dissolution, ceasing to carry on business or any similar event affecting Renter;
(g) seizure, levy, threatened seizure or attachment of the Equipment; or
(h) Owner reasonably determines that the prospect of payment, performance or safe recovery of the Equipment is impaired.
27. REMEDIES ON DEFAULT
On Default, and without limiting any other right or remedy available at law, in equity or under this Agreement, Owner may, with or without prior notice to Renter except where applicable law requires notice:
(a) terminate this Agreement and any Rental Schedule immediately;
(b) declare all Charges, including Charges projected to accrue over the balance of the Rental Period, immediately due and payable;
(c) demand immediate return of the Equipment and, if Renter fails to comply within a reasonable time in the circumstances, exercise all lawful rights to recover possession of the Equipment;
(d) exercise Owner’s lawful right of repossession and, to the extent permitted by law, enter any premises where Owner reasonably believes the Equipment may be located and recover possession peaceably and lawfully. Renter consents to that entry and recovery to the fullest extent permitted by law;
(e) disable, deactivate, lock out or remotely restrict use of the Equipment to the extent that capability exists;
(f) recover from Renter all costs of locating, accessing, recovering, repossessing, repairing, cleaning and restoring the Equipment;
(g) set off any amount owed by Owner to Renter against any amount owed by Renter to Owner; and
(h) pursue any other remedy available under applicable law.
Renter waives, to the fullest extent permitted by law, any requirement for advance notice, demand, presentment, protest or surety bond as a precondition to enforcement by Owner, except where that requirement cannot lawfully be waived.
28. PRIVACY, MONITORING AND RECORDING
(a) Owner collects, uses, discloses, stores and retains personal information and business information for purposes related to processing reservations and rentals, verifying identity, administering accounts, collecting payment, managing risk, preventing fraud, investigating incidents, complying with legal obligations, enforcing rights, recovering Equipment, internal recordkeeping and improving operations. Owner handles personal information in accordance with the Personal Information Protection Act (British Columbia) and its Privacy Policy, which is available at cmrental.ca and forms part of this Agreement.
(b) Renter consents to Owner:
(i) photographing and video recording the Equipment and any relevant site, vehicle, or loading and unloading activity before, during and after the Rental Period, for inspection, evidentiary, operational and litigation purposes;
(ii) operating video surveillance at Owner’s premises, including at the pickup and return location, for security and evidentiary purposes;
(iii) using GPS tracking, telematics, electronic monitoring or other location or usage monitoring technology fitted to Equipment during the Rental Period, for asset protection, theft prevention, unauthorized use detection, utilization monitoring and recovery of the Equipment. Renter acknowledges that Owner may fit concealed tracking devices to higher value Equipment and consents to their use for those purposes;
(iv) retaining photographs, videos, GPS records, telematics data and electronic logs as business records that may be used in any dispute, insurance claim, legal proceeding or regulatory investigation; and
(v) disclosing those records to insurers, legal counsel, courts, law enforcement and regulatory authorities as required or permitted by law.
29. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
(a) This Agreement is governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to conflict of laws principles.
(b) Subject to Section 29(d), the parties attorn to the courts of British Columbia sitting in the judicial district of Duncan or Victoria, and waive any objection based on forum non conveniens.
(c) Before commencing litigation, Owner may at its option require the parties to participate in a private mediation in British Columbia. Nothing in this Section prevents Owner from seeking immediate injunctive relief, repossession, debt recovery or other urgent relief in any court of competent jurisdiction.
(d) Nothing in this Section limits the jurisdiction of the Civil Resolution Tribunal or the Provincial Court of British Columbia (Small Claims), or a Consumer Renter’s right to bring a claim in either forum.
30. FORCE MAJEURE
Owner is not liable for any failure or delay in performance caused directly or indirectly by events beyond Owner’s reasonable control, including acts of God, severe weather, flood, fire, epidemic, pandemic, labour dispute, supply chain interruption, equipment breakdown, transportation delay, utility interruption, governmental action, civil disturbance, or inability to obtain equipment, parts, fuel or labour. During any such event Owner may suspend or cancel reservations or rentals without liability, and will refund rental Charges paid for any rental so cancelled.
31. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE
(a) This Agreement constitutes the entire agreement between Owner and Renter with respect to its subject matter and supersedes all prior or contemporaneous oral and written discussions, representations, negotiations and agreements relating to it.
(b) No reliance on external representations. Renter confirms that in entering into this Agreement and any Rental Schedule, Renter has not relied on any oral, written or electronic statement, representation, promise, forecast or description made by or on behalf of Owner, other than the written terms expressly set out in this Agreement and the applicable Rental Schedule. No employee, agent or representative of Owner has authority to make any representation, warranty or promise that supplements, modifies or varies this Agreement unless contained in a written amendment signed by an authorized officer of Owner.
(c) If there is any inconsistency between this Agreement and a Rental Schedule, this Agreement governs unless the Rental Schedule expressly states that it overrides a specified provision of this Agreement and is signed by Owner.
32. AMENDMENTS
No amendment, waiver, discharge or modification of this Agreement is effective unless in writing and signed by Owner. Owner may update its standard rental terms prospectively for future rentals by publishing revised terms, but no update alters rights and obligations already accrued.
33. NO WAIVER
No failure or delay by Owner in exercising any right or remedy operates as a waiver. No single or partial exercise of any right or remedy precludes any further or other exercise of that or any other right or remedy. Any waiver by Owner must be in writing and applies only in the specific instance stated.
34. SEVERABILITY
(a) If any provision of this Agreement is held to be illegal, invalid or unenforceable, that provision is severed and the remaining provisions continue in full force and effect. Any illegal, invalid or unenforceable provision is replaced, to the extent permitted by law, by a lawful and enforceable provision that most closely reflects the original commercial intent.
(b) Severability of liability provisions. Each assumption of risk, release, waiver, indemnity, limitation of liability and exclusion of warranty in this Agreement is a separate and independently enforceable provision. If any such provision is determined to be invalid, unenforceable or void in whole or in part, that determination does not affect the validity or enforceability of any remaining portion of that provision or of any other provision of this Agreement. Each such provision is given effect to the maximum extent permitted by law.
35. SURVIVAL
All provisions which by their nature should survive expiry or termination of this Agreement survive, including payment obligations, liability allocations, assumptions of risk, indemnities, limitations of liability, insurance obligations, privacy consents, collection authorizations, dispute resolution provisions, and all obligations relating to unreturned or damaged Equipment.
36. ELECTRONIC SIGNATURES AND COUNTERPARTS
This Agreement and any Rental Schedule may be executed by original, electronic, scanned or digital signature and in counterparts, each of which is deemed an original and all of which together constitute one instrument. Acceptance by electronic checkbox, online acknowledgment, emailed confirmation or card on file authorization may be relied on by Owner as evidence of assent. The audit trail generated by Owner’s electronic signature platform is admissible as evidence of the time, manner and fact of acceptance.
37. BINDING EFFECT
This Agreement is binding on Renter and Renter’s heirs, executors, administrators, personal representatives, successors and permitted assigns, and enures to the benefit of Owner and its successors and assigns. Renter may not assign this Agreement without Owner’s prior written consent.
38. INDEPENDENT ADVICE AND INTERPRETATION
Renter acknowledges that Renter has had the opportunity to ask questions and to obtain independent legal advice before entering into this Agreement. This Agreement is not to be construed against Owner by reason of Owner having drafted it. Headings are for convenience only and do not affect interpretation.
39. NOTICES
Notices to Owner must be sent to [email protected] or delivered to Owner’s business address. Notices to Renter may be sent to the email address or mailing address provided by Renter at the time of booking. A notice sent by email is deemed received on the day it is sent, unless sent after 5:00 p.m. Pacific time or on a day that is not a business day, in which case it is deemed received on the next business day.
40. ADDITIONAL ACKNOWLEDGMENTS
Renter acknowledges and agrees that:
(a) Owner is relying on the truth and accuracy of all information supplied by Renter;
(b) Owner is not responsible for supervising the use of the Equipment or ensuring compliance with safety laws or manufacturer recommendations after the Equipment leaves Owner’s control;
(c) any person obtaining or using Equipment under Renter’s account is deemed to be Renter’s agent with authority to bind Renter;
(d) Owner may photograph, video record, geo locate or electronically monitor the Equipment and related transactions for operational, evidentiary, security and recovery purposes; and
(e) the allocation of liability in this Agreement is fair and reasonable having regard to the nature of the Equipment, the risks involved and the rental Charges being paid.
IMPORTANT FINANCIAL NOTICE: REPLACEMENT COST AND LOSS OF USE
If the Equipment is lost, stolen, destroyed or damaged beyond economical repair during the Rental Period, Renter will be required to pay Owner’s Replacement Cost for the Equipment, which may be significantly higher than the Damage Deposit and higher than Renter expects, together with Loss of Use charges for the period the Equipment is unavailable for re rental. Renter is strongly encouraged to obtain appropriate insurance before taking possession of the Equipment.
RENTER’S INITIALS, REPLACEMENT COST AND LOSS OF USE: I understand and accept my financial exposure for Replacement Cost and Loss of Use as described in Sections 1 and 17. Initials: _______
EXECUTION
This Agreement has been executed as of the date last signed below. Execution by electronic signature, digital acknowledgment or online acceptance is valid and binding to the same extent as an original wet ink signature.
CM RENTALS LTD.
Per: _______________________________
Name: _______________________________
Title: _______________________________
Date: _______________________________
RENTER
Legal name: _______________________________
If an individual, full name: _______________________________
If a company, authorized signatory and title: _______________________________
Address: _______________________________
Phone: _______________________________
Email: _______________________________
Driver’s licence or ID number: _______________________________
Credit card authorization on file: Yes / No
Signature: _______________________________
Date: _______________________________
RENTER’S FINAL CONFIRMATION OF INITIALS
By initialling below, Renter confirms having separately initialled each of the following:
- Section 11, Operating Instructions and Manuals
- Section 13, Safety Acknowledgments
- Section 14, Assumption of Risk
- Section 21, Limitation of Liability
- Section 22, Indemnity
- Important Financial Notice, Replacement Cost and Loss of Use
Renter initials (final confirmation): _______
Renter acknowledges that Owner drew Renter’s attention to each of the above provisions before Renter took possession of the Equipment.
SCHEDULE A: RENTAL SCHEDULE
This Schedule is generated by Owner’s booking system for each rental and is incorporated into the Master Equipment Rental Agreement.
|
Field |
Detail |
|
Order / booking number |
|
|
Renter legal name |
|
|
Contact person |
|
|
Phone |
|
|
Email |
|
|
Emergency contact name and phone |
|
|
Renter type |
Consumer / Commercial |
|
Equipment description |
|
|
Asset or serial number(s) |
|
|
Consumables purchased |
|
|
Use location or project area |
|
|
Pickup method |
In person / Unattended (Schedule B) / Delivery |
|
Pickup date and time |
|
|
Scheduled return date and time |
|
|
Rental Charges (excluding taxes) |
$ |
|
Taxes |
$ |
|
Delivery and pickup charges |
$ |
|
Booking Deposit charged at checkout |
$ |
|
Balance of rental Charges due at release |
$ |
|
Damage Deposit |
$ |
|
Late return rate per day |
$ |
|
Payment method on file |
SCHEDULE B: UNATTENDED PICKUP AND RETURN PROCEDURE
This Schedule applies where Owner makes Equipment available for unattended pickup or return under Section 5.
1. Owner’s steps before pickup
(a) Owner prepares the order and places the Equipment, complete with all accessories, in a numbered compartment of the secured cabinet.
(b) Owner photographs the Equipment in the compartment immediately before locking it, and retains the photograph on the rental file.
(c) Owner places the compartment key in the electronic lock box and sets a single use access code valid only for the pickup window stated in the Rental Schedule.
(d) Owner emails Renter the pickup instructions, the compartment number, the access code, the pickup window, and a copy of the operating instructions for the Equipment.
2. Renter’s steps at pickup
(a) Renter attends within the stated pickup window and uses the access code to open the lock box and retrieve the numbered key.
(b) Renter opens the corresponding compartment, removes the Equipment, closes and locks the compartment, and returns the key to the lock box.
(c) Renter inspects the Equipment and notifies Owner of any defect, damage, missing component or safety concern before use, and in any event within two hours of collection.
3. Renter’s steps at return
(a) Renter returns the Equipment within the return window stated in the Rental Schedule.
(b) Renter places the Equipment, complete with all accessories, cases, chargers, batteries, guards and manuals, in the compartment identified by Owner.
(c) Renter closes and locks the compartment and returns the key to the lock box.
(d) Renter photographs the Equipment in the compartment before locking it and emails or texts that photograph to Owner, together with confirmation that the return is complete.
(e) Rental Charges cease and risk passes to Owner on completion of steps (b), (c) and (d).
4. Owner’s steps after return
(a) Owner inspects the Equipment during Owner’s next available business hours and completes the post rental inspection record.
(b) Owner releases the balance of the Damage Deposit within three business days after inspection.
(c) Where Damage, missing components or cleaning charges are identified, Owner applies the Damage Deposit against those Charges and invoices Renter for any balance.
5. Records
Owner retains, on each rental file, the pre placement photograph, the lock box access log, the Renter’s return photograph, the security camera record for the pickup location, and the completed post rental inspection record.
CM Rentals Ltd. | Master Equipment Rental Agreement | Version 1.0 | Effective 1 August 2026