Rental contract

RENTAL AGREEMENT

PRELIMINARY DECLARATION: LOCATION COOKSHIRE INC is designated in this agreement as the lessor or the seller, depending on the nature of the contract.

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TERMS AND CONDITIONS

1. Term of the Agreement This agreement is for the term stipulated on the reverse side and begins on the date on which the lessee receives the equipment, unless another date is stipulated in this agreement.

2. Rental Period All equipment is rented for a minimum of one day, unless otherwise stated. For the purposes of this agreement, rental periods are established as follows: • 1 day means 24 hours • 1 week means 7 days • 1 month means 28 days

The lessee shall, for all legal purposes, be deemed to have had use of the rented machinery or accessories from the day possession is taken until the day they are returned to the lessor. The lessee undertakes to notify the lessor of any excess use beyond the permitted rental period, and such excess shall be billed to the lessee.

1. Inspection of the Rented Equipment The lessee declares that they have personally inspected the rented equipment and accessories and found them to be in perfect order and good working condition. The lessee further acknowledges that the equipment is suitable for their needs and that they are familiar with its operation, undertakes to verify its operation, and to notify the lessor of any defect.

2. Rent The lessee must pay the lessor the rate stipulated on the reverse side for each piece of equipment for the entire duration of the agreement. If, upon expiration of the agreement, the lessee keeps the equipment with the consent of the lessor, the agreement shall then be extended until the equipment is returned to the lessor, under the same terms and conditions provided herein. The lessor may, after giving one (1) day written notice to the lessee, terminate the agreement so extended at any time and repossess the equipment and, for this purpose, enter any place to remove said equipment, without prejudice to all other rights and remedies under this agreement and the law.

3. Reservation of Ownership The lessee (buyer) specifically acknowledges that the lessor (seller) is and remains the exclusive owner of all goods rented or sold. In the case of a sale of goods, the transfer of ownership shall not occur upon formation of the sales contract nor upon taking possession of said goods, but only when all sums due under the said contract have been fully paid to the lessor (seller). However, the lessee (buyer) shall be responsible for loss or damage to the goods sold from the time possession is taken. Any default by the lessee shall result in the loss of the benefit of any term. The lessor (seller) may then, at its option, repossess all goods sold and retain, as liquidated damages, any amounts paid as a deposit on said goods, or claim from the lessee (buyer) and the guarantor all sums due under this agreement, plus interest. The lessee (buyer) shall have the right to use the equipment only in accordance with the terms and conditions of this agreement. The lessee may not move the equipment from the place of use mentioned on the reverse side without the prior written consent of the lessor.

4. Destruction, Loss, Theft, and Fire Total loss, theft, fire, or destruction of the equipment shall not terminate the agreement, and the lessee (buyer) shall pay the rent for as long as the equipment has not been returned to the lessor (seller) or until the value of the equipment has been paid to the lessor (seller). In addition, the lessee (buyer) undertakes to immediately notify the lessor (seller) and the police of any loss, theft, or destruction of the equipment. The parties agree that the value of the rented equipment shall be its replacement cost at the time of the loss.

5. Delay Inability or delay, not caused by the fault of the lessor, to use the rented equipment does not relieve the lessee of payment of the rental charges agreed to on the reverse side of this agreement, and the lessee may not claim any compensation from the lessor.

6. Expiration of the Agreement Upon expiration of the agreement, or upon early termination, the lessee (buyer) must return the equipment to the lessor (seller) at the address of the lessor (seller) mentioned on the reverse side, in the same condition as when received, except for normal wear and tear. Failing this, the lessor and any person authorized by the lessor may, without notice, repossess the equipment and, for this purpose, enter any place to remove said equipment. It shall be incumbent upon the lessee to establish whether the equipment has been returned and the date on which it was returned.

7. Use, Maintenance, and Repairs The lessee (buyer) warrants that the equipment will be used for its intended purposes and by persons possessing the required competence, and that they will follow the instructions received from the lessor’s (seller’s) representative. The lessee shall, at their own expense, keep the equipment in good working order and maintenance and shall also be responsible for all damage caused to the equipment. The lessor shall also become the owner of any part added or used as a replacement part. The lessee undertakes to grant the lessor, or any person authorized by the lessor, access to the equipment for inspection purposes. The lessee shall allow all repairs of any nature and shall not be entitled to any reduction of rent. The lessee shall pay all fees, taxes, penalties, or other charges relating to possession or use of the equipment.

8. Indemnification The lessee undertakes to fully indemnify and hold harmless the lessor from any demand, claim, or action taken against the lessor for any loss, injury, or damage, including any loss of profit or other indirect damages suffered by the lessor, its employees, representatives, or third parties due to the presence or absence of the equipment.

9. Exclusion of Liability The lessor shall not be liable for any damage, loss, or injury caused by the rented item during its use. Any fault of a third party, fortuitous event, or force majeure may not be invoked by the lessee against the lessor. The lessor shall not be responsible for damages or injuries caused by latent defects or system defects of rented equipment and shall not be required to indemnify the lessee for any demand, claim, or action for such loss, injury, or direct or indirect damages, or loss of profit suffered by the lessee through third parties. At no time shall the lessor be liable for injuries, delays, or damages caused by the use or condition of the equipment or for any other event beyond its control. The lessee shall be responsible for the use of the rented items and for all damage caused to said items, and assumes all risks inherent in the operation and use thereof. In addition, the lessee undertakes to comply with provincial and municipal codes when using cylinders, tanks, or any other pressurized containers, and to close them after use.

10. Termination of the Agreement The lessor may, without prejudice to all its rights and remedies under this agreement and the law, terminate this agreement without any notice if the lessee is late in payment of rent or any other sum payable under this agreement, if the lessee breaches any provision of this agreement, if the leased property is encumbered, if the lessee initiates proceedings under any law relating to insolvency or bankruptcy, if any such proceedings are initiated against the lessee, if a receiver, trustee, or any other person with similar powers is appointed to take charge of part or all of the lessee’s assets or business, if there is voluntary or forced dissolution or liquidation of the lessee, if the lessee fails to pay any installment within thirty (30) days of its due date, or if the lessee makes abusive use of the equipment. In such cases, the lessee shall no longer be in possession of the equipment. The lessor and any person authorized by the lessor may then, without notice, repossess the equipment and, for this purpose, enter any place to remove said equipment. In addition, the lessee shall be required to immediately pay the lessor all rent and any amounts due or to become due under this agreement, as well as any damages suffered by the lessor due to the lessee’s breach, including any reasonable expenses incurred by the lessor to enforce this agreement.

11. Subleasing and Assignment The lessee may not sublease the equipment or any part thereof, nor assign this agreement without the written consent of the lessor, which may be refused for reasonable cause.

12. Movable Hypothec The lessee shall keep the equipment free of any movable hypothec, failing which the lessee shall reimburse the lessor for amounts paid and expenses incurred by the lessor to obtain discharge and release of any such hypothec.

13. Cleaning The lessee undertakes to return the rented property to the lessor in a clean condition. Failure to do so shall render the lessee responsible for all cleaning costs.

14. Maintenance Fee – 9% The lessee agrees to pay the lessor, according to the schedule contained in this agreement, a surcharge of 9% of the total rent in order to be exempt from paying for damage to the rented equipment resulting from mechanical breakdown, provided the lessee can demonstrate having acted reasonably throughout the rental period. Maintenance fees do not replace the all-risk insurance that the lessee must maintain on the rented equipment at their own expense. The waiver of damages and maintenance fees does not remove any right of subrogation of the insurer. The lessee shall be presumed not to have acted reasonably, notably in the following cases: • Damage caused by a deficiency or overload where the weight exceeds the maximum capacity of the equipment or its accessories, including tipping due to improper weight distribution; • Flat tires, cut tires, damaged rims, broken or damaged points, shears, blades, or bits, damaged cables; • Abandonment of the equipment or accessories, indoors or outdoors, without supervision, accessible to all, and not locked; • Lack of oil or lubricant, lack of or incorrect fuel type, freezing, or use of equipment without manufacturer-required accessories such as filters and others; • Transport of equipment, failure to properly secure or fasten it to prevent falling or shifting; • Theft of rented equipment, relocation without permission, abusive use, intentional fault, accident, or collision on public roads or private property; • Negligence of the lessee, by accident, collision, or otherwise, by the fault of a third party, or due to fortuitous event or force majeure; • Use or modification of the equipment and or its accessories for purposes other than those recommended by the manufacturer or the lessor.

15. Payment of Fees The lessee undertakes to pay judicial costs, extrajudicial fees, and collection costs for all sums due under this agreement or for repossession of the rented property, all as a penal clause. In addition, in all cases, the lessor may claim the indemnity provided for in article 1618 of the Civil Code of Québec.

16. Dangerous Equipment Any rented equipment involving heat release, combustion, explosion, or friction, or operating using flammable or explosive materials, must be used by the lessee under the constant and adequate supervision of a qualified operator.

17. Invalidity of Provisions The invalidity of one or more provisions of this agreement shall not render the other provisions invalid.

18. Waiver by the Lessor No forbearance or mitigation by the lessor in the exercise of its rights under this agreement, or any delay granted to the lessee, shall prejudice or affect the lessor’s rights under this agreement.

19. Notice Any notice given to the other party shall be validly given if sent by registered mail to the address of the other party mentioned on the reverse side of this agreement, and any such notice shall be deemed to have been given on the day following mailing.

20. Interpretation Unless otherwise stated, the words lessor (seller) and lessee (buyer), wherever used in this agreement, mean respectively the lessor, its directors, executors, successors, and assigns, and the lessee, its directors, executors, successors, and assigns. If there is more than one lessor or lessee, all obligations shall be joint and several.

21. Interest Any overdue account shall bear interest at the rate of 2% per month, being 24% annually. Any dishonored cheque shall incur a fee of $35.00 in addition to interest.

22. Consent and Authorization The lessee (buyer) authorizes the lessor (seller) to use the imprint of the lessee’s credit card, left as security at account opening, to pay any outstanding and unpaid balance in accordance with the terms of this agreement, and further authorizes the lessor (seller) to exchange with any credit bureau, financial institution, creditor, or any person with whom the lessee (buyer) maintains business relations (current or future), personal information, including financial information, for the purpose of establishing or verifying credit history, creditworthiness, character, and reputation of the lessee (buyer), as well as any references provided by the lessee.

23. Election of Domicile The parties agree that for any claim or legal action of any nature whatsoever relating to this agreement, the judicial district where the lessor’s (seller’s) place of business is located shall be chosen as the appropriate venue for hearing such claims or legal actions, to the exclusion of any other judicial district.

24. Personal Guarantee I, the undersigned, declare that I have read this agreement and jointly and severally undertake to guarantee each and every obligation of the company (lessee/buyer) whose name and date appear on the front hereof, for any sum that the company may owe to the lessor (seller), now or at any time hereafter. Furthermore, I irrevocably waive the benefit of division and discussion, acknowledging that this undertaking constitutes a continuing guarantee applicable to all debts contracted with the lessor (seller) by the lessee (buyer).