Policies

Privacy Policy

Who we are

Effective December 2024

At Agassiz Rentals, we respect your privacy and are committed to protecting the personal information that you share with us. This Privacy Policy explains how we collect, use, and safeguard your information when you visit our website agassizrentals.com.

By using our website, you agree to the terms outlined in this privacy policy.

1. Information We Collect

We may collect the following types of information when you visit our website:

• Personal Information: This includes information such as your name, email address, phone number, and other personally identifiable information that you provide to us through forms, subscriptions, or communication.
• Usage Data: This includes non-personally identifiable information about how you interact with our website, such as IP addresses, browser types, device information, and pages viewed. We may collect this information using cookies and similar technologies.

2. How we Use Your Information

The information we collect may be used for the following purposes:

• To provide and improve our website and services
• To respond to your inquiries and communicate with you
• To send newsletters, marketing communications, or other information that you have opted into
• To analyze website performance and user activity
• To comply with legal obligations

3. Cookies and Tracking Technologies

We use cookies and similar technologies to enhance your user experience. Cookies are small files stored on your device that allow us to remember your preferences, track website activity, and personalize content.

You can control cookies through your browser settings. However, disabling cookies may affect the functionality of our website.

4. Sharing of Information

We do not sell or rent your personal information to third parties. However, we may share your information with third-party service providers who help us operate our website and deliver services. These third parties are required to keep your information confidential and use it only for the purposes for which it was provided.

5. Data Security

We implement reasonable security measures to protect your personal information from unauthorized access, use, or disclosure. However, no method of data transmission over the internet is completely secure, and we cannot guarantee the absolute security of your data.

6. Your Rights

You have the right to:

• Access your personal information
• Correct or update inaccurate information
• Request deletion of your data (subject to legal obligations)
• Opt-out of marketing communications

To exercise these rights, please contact us at admin@agassizrentals.com.

7. Third Party Links

Our website may contain links to third-party websites. We are not responsible for the privacy practices of these websites and encourage you to review their privacy policies.

8. Changes to this Policy

We may update this Privacy Policy from time to time. Any changes will be posted on this page with the updated effective date. We encourage you to review this policy periodically.

9. Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us:

Agassiz Rentals 6950 Cheam Avenue, Agassiz, BC V0M 1A3 Email: admin@agassizretnals.com Phone: 604-245-8450

Our Complete Rental Agreement

RENTAL AGREEMENT TERMS

1. DEFINITIONS

“Agreement” means the Reservation Details (as defined below), together with the RPP and any

associated Rental and Service Agreement (as defined below), including these Rental and Service

Terms which are incorporated by reference therein.

“Equipment” means any one or more of the items identified as rental items in the Reservation

Details and any accessories, attachments or other similar items delivered to Customer including,

but not limited to any items rented in association with the Services identified in Section 24

below, air hoses, electric cords, blades, welding cables, liquid fuel tanks and nozzles.

“Customer” means the person or entity identified in the Reservation Details or any

representative, agent, officer or employee of Customer.

“Store Location” means the Agassiz Rentals Ltd. address set forth in the Rental and Service

Agreement.

“Qualified Operator” means any individual who is permitted by Customer to operate the

Vehicle within Canada. This includes individuals identified in the Rental and Service Agreement

as additional Qualified Operator(s). All Qualified Operators must have a validly issued operator’s

license that is in English or an International Driving Permit (IDP) for customers with a validly

issued license that is not in English, and relevant experience and training to operate the Vehicles

and/or Equipment. By operating the Vehicle, a Qualified Operator will be deemed jointly and

severally responsible for Customer’s obligations related to the Vehicle and for any obligations

that the Rental and Service Agreement imposes on a Qualified Operator of the Vehicle.

“Rental and Service Agreement” means the agreement made between Customer and Agassiz

Rentals Ltd. for Agassiz Rentals Ltd. to rent Equipment and/or provided Services, whether that

Agreement is made in person at the Store Location, online, or at the time of Equipment delivery,

and which incorporates by reference these Rental and Service Terms and which identifies the

Equipment to be rented by Customer. The Agreement incorporates these Rental and Service

Terms by reference.

“Rental Period” means the period of time between the “Rental Out” and “Scheduled In,” set

forth in the Rental and Service Agreement, except that the Rental Period may terminate earlier

as provided in Sections 21 and 29 hereof or if Customer returns the Equipment earlier. “Credit

Card” means the credit card provided by Customer as part of this Agreement or otherwise kept

on file with Agassiz Rentals Ltd..

“Reservation Details” means the Equipment, Rental Period, delivery information, payment

information and other information set forth on the Confirmation/Order Summary Screen or the

Rental and Service Agreement, as the case may be.

“Service” or “Services” means the delivery, pick up and repair of Equipment and other services

provided by Agassiz Rentals Ltd. in connection with the rental of Equipment, including Trench

Services, Scaffolding Services, Portable Sanitation Services, Fluid Solutions Services, Power and

HVAC Services and Tool Services (each as defined in Section 24 below).

“Specialty Media” means specialty filtration materials purchased in connection with the rental

of Equipment used for fluid solutions, such as sand, gravel, carbon, or other materials used to

remove certain contaminants or other materials.

“Tanks” means the Equipment identified as rental items as part of the Fluid Solutions Services in

which Customer stores materials.

“Vehicle” means a motor vehicle or EV (as defined below) identified as the rental item(s) in a

Rental and Service Agreement, reservation detail, or similar document; “EV” means a battery-

powered motor vehicle with a non-combustion engine that is identified as an EV or electric

vehicle rental item(s) in a Rental and Service Agreement, reservation detail, or similar

document; and “Vehicles” collectively refers to each such Vehicle. For avoidance of doubt, a

Vehicle is Equipment, but where the terms & conditions pertain specifically to Vehicles, those

terms control.

“Non-Hazardous Waste” means any material, substance or waste that does not fall under the

definition of “Regulated Materials” defined in Section 7(B).

2. AUTHORITY TO SIGN; FORM CONTRACTS

Any individual signing the Agreement represents and warrants that he or she is of legal age and

has the authority and power to sign this Agreement on behalf of Customer.

3. INDEMNITY / HOLD HARMLESS

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND

AND HOLD AGASSIZ RENTALS LTD., AND ALL OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS

OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND

AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT

LIMITED TO, LEGAL FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR

CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR

DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE (A)

INSTALLATION, OPERATION, USE, ALTERATION, MODIFICATION, REMOVAL, POSSESSION OR

RENTAL OF THE EQUIPMENT, (B) CLAIMS BY ANY CUSTOMER, INDEPENDENT CONTRACTOR OR

CUSTOMER EMPLOYEE, AGAINST CUSTOMER, INCLUDING BUT NOT LIMITED TO ANY CLAIM

THAT CUSTOMER FAILED TO DISCLOSE OR OBTAIN CONSENT TO DATA COLLECTION

CONTEMPLATED UNDER THIS AGREEMENT OR (C) ERRORS, OMISSIONS, INACCURACIES OR

MISREPRESENTATIONS (WHETHER INTENTIONAL OR INADVERTENT) IN THE DOCUMENTS OR

OTHER INFORMATION PROVIDED BY CUSTOMER, OR OBTAINED FROM OTHERS (INCLUDING

ANY THIRD-PARTY DOCUMENTS OR DOCUMENTATION), UPON WHICH AGASSIZ RENTALS LTD.

RELIES WHEN PROVIDING THE EQUIPMENT OR SERVICES. THIS INDEMNITY PROVISION ALSO

APPLIES TO ANY CLAIMS ASSERTED AGAINST AGASSIZ RENTALS LTD. BASED UPON STRICT OR

PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO

INDEMNIFY AGASSIZ RENTALS LTD. FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY

CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF AGASSIZ

RENTALS LTD.. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS

IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING

OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY

STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS

FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL

FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE

AGREEMENT.

4. INSPECTION OF EQUIPMENT

Customer acknowledges that Customer has inspected the Equipment prior to taking possession

thereof, finds it in good working order and repair, and suitable for Customer’s needs. Customer

further acknowledges that Customer has inspected the propulsion tank of vehicles registered

and licensed, or required to be registered and licensed, for use on any highway or public road

prior to taking possession thereof, and such propulsion tank contained no dyed fuel. Customer

has inspected or will inspect all hitches, bolts, safety chains, hauling tongues, and other devices

and materials used to connect the Equipment to Customer’s towing vehicle, if any. Customer

acknowledges Agassiz Rentals Ltd. is not responsible for any damage to Customer’s towing

vehicle caused by detachable hitches or mirrors. With respect to the rental of Tanks, Customer

shall take independent action to ensure that any materials Customer stores in the Tanks are

chemically compatible with the Equipment. Customer shall provide Agassiz Rentals Ltd. with the

safety data sheet (“SDS”) or verified laboratory tests that identify the material Customer stores

in the Tanks. For Tanks subject to the West Virginia tank law, Customer agrees that Customer

has received a copy of the Certificate to Operate for each Tank identified rented under this

Agreement. If Customer discovers any malfunction or defect in Equipment, Customer shall

promptly notify Agassiz Rentals Ltd. Customer shall abide by all third-party manufacturer

requirements regarding repair, maintenance, and notice.

5. LIMITATION OF LIABILITY6. CUSTOMER RESPONSIBILITIES

Customer shall provide Agassiz Rentals Ltd. with the information and the documentation Agassiz

Rentals Ltd. requests to assess, plan, and perform the Services and/or provide the Equipment.

All Equipment is provided, and Services are performed, based on information provided by

Customer or others, including the Database Information (as defined below), and Agassiz Rentals

Ltd. is relying on the accuracy and completeness of such information in providing the Equipment

and performing such Services. Customer recognizes that it is impossible for Agassiz Rentals Ltd.

to assure the accuracy, completeness and sufficiency of information provided by others, either

because it is impossible to verify, or because of errors or omissions that may have occurred in

assembling such information. Customer is responsible for providing a secure and safe work

environment for all parties, including Agassiz Rentals Ltd. and its employees, and for ensuring

that the Services are carried out in compliance with applicable laws. In the event that Agassiz

Rentals Ltd., in its sole discretion, determines that it is unable to perform the Services because

Customer has not provided a secure and safe work environment, Agassiz Rentals Ltd. reserves

the right to refuse to provide the Services and/or provide the Equipment without any liability

whatsoever to Customer and Customer shall be responsible for any increased costs incurred by

Agassiz Rentals Ltd.

7. EQUIPMENT USE

(A) USE OF EQUIPMENT. Customer is familiar with the proper operation and use of each item of

Equipment. Customer has selected the Equipment based on its requirements and will not use or

allow anyone to use the Equipment for an illegal purpose or in an illegal manner; without a

license, if required under any applicable law; or who is not a Qualified Operator. Customer shall

not insert, or permit to be inserted, any dyed fuel into the propulsion tank of vehicles registered

and licensed, or required to be registered and licensed, for use on any highway or other public

road. In addition, Customer shall only use ultra-low-sulfur diesel fuel (“USLD”) in equipment

with tier 5 engines. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD AGASSIZ RENTALS

LTD. HARMLESS FROM ALL FINES, PENALTIES, DAMAGE TO EQUIPMENT AND ANY OTHER COSTS

INCURRED BY AGASSIZ RENTALS LTD. DUE TO DYED FUEL BEING INTRODUCED INTO THE

PROPULSION TANK OF SUCH VEHICLES. Customer agrees to: (i) check filters, oil, fluid levels and

tire air pressure; (ii) clean and visually inspect the Equipment daily; and (iii) immediately cease

using the Equipment and immediately notify Agassiz Rentals Ltd. if Equipment needs repair or

maintenance. Customer acknowledges that Agassiz Rentals Ltd. has no responsibility to inspect

the Equipment while it is in Customer’s possession. Agassiz Rentals Ltd. shall have the right to

replace the Equipment with other reasonably similar equipment at any time and for any reason.

REGULATED MATERIALS. If Customer intends to use the Equipment for the storage and handling

of Regulated Materials (as defined herein), the following terms set forth in this Section shall

apply.

(i). Definitions. “Regulated Materials” includes any material, substance or waste that falls into

the following five categories: (a) “Hazardous Materials,” as defined or listed or regulated by any

local, state, or federal government authority; (b) “DOT Hazardous Materials,” as defined or

identified as “hazardous material” by the Department of Transportation as set forth in 49 C.F.R.

Parts 171 to 180; (c) “Polychlorinated Biphenyls” or “PCBs,” meaning any chemical substance

that is limited to the biphenyl molecule that has been chlorinated to varying degrees or any

combination of substances which contains such substance, and which are regulated under the

Toxic Substances Control Act and its implementing regulations found at 40 C.F.R. part 761; (d)

“Radioactive Materials,” identified by any local, state, or federal government authority as being

radioactive; and (e) “Infectious Materials,” meaning any infectious substance, material, or waste

that is defined, listed, or regulated by any local, state, or federal government authority.

(ii). Tank Testing. Customer acknowledges that the Equipment may have contained Regulated

Materials in the past. Customer may, at Customer’s expense, test the Equipment for the

presence of residual amounts of Regulated Materials prior to taking possession of the

Equipment. In the event that residual amounts of Regulated Materials are detected in the

Equipment by preliminary testing, Customer may notify Agassiz Rentals Ltd., and request new

Equipment or Customer may terminate the rental. If Customer elects to continue use of the

Equipment or elects not to test the Equipment, Customer will be bound by the terms set forth

herein and waives any right to object to the presence of Regulated Material in the Equipment

resulting from any prior use and agrees that the Equipment is suitable for Customer’s intended

use. Upon expiration or termination of the Rental Period, but before the Equipment is returned

to Agassiz Rentals Ltd., Customer shall, at Customer’s sole expense, remove all Regulated

Materials from the Equipment and clean the Equipment to one of the following standards:

(i) for Hazardous Substances: to the RCRA “empty” condition, as defined in 40 C.F.R. §

261.7(b)(3) (“RCRA Empty Condition”); or (ii) for DOT Hazardous Materials, PCBs, Radioactive

Materials, or Infectious Materials: to Non-detect contamination levels (“NDCL”).

(iii). Cleaning. Prior to return, Customer shall clean the Equipment in accordance with the

following requirements: (a) Cleaning must be performed by an independent contractor

acceptable to Agassiz Rentals Ltd.; (b) it must be documented to Agassiz Rentals Ltd.’s

satisfaction; (c) When a NDCL is required, Equipment must be triple rinsed using a solvent

capable of removing Regulated Materials, then purged to remove any vapors. Equipment can

also be cleaned by another method capable of achieving equivalent removal to a NDCL; (d) For

Radioactive Materials, cleaning must comply with cleaning procedures set forth in the U.S.

Nuclear Regulatory Commission’s (“NRC”) Regulatory Guide 1.86 to achieve a NDCL; and (e) the

independent contractor must certify that the cleaning meets the above specifications.

(iv). Sampling. After cleaning, Customer will confirm the Equipment’s RCRA Empty Condition

or NDCL, as applicable, by obtaining a professional written laboratory analysis of representative

samples taken from various internal parts of the Equipment. Customer agrees the sampling

must be: (a) performed by an independent contractor acceptable to Agassiz Rentals Ltd.; (b)

documented to Agassiz Rentals Ltd.’s satisfaction; (c) taken from various internal parts of the

Equipment including at a minimum, the floor, the underside of various cross-braces, and each

wall (“Representative Samples”); (d) conducted in the presence of and pursuant to the direction

of a designated employee of Agassiz Rentals Ltd.. Customer agrees to contact Agassiz Rentals

Ltd. to schedule an appointment for an employee of Agassiz Rentals Ltd. to witness the sampling

not less than ten (10) business days prior to the termination of the rental term. For intermodal,

roll-off, and vacuum container Equipment, in addition to the above requirements, Customer

agrees that: (e) Initially, 20% of the intermodal, roll-off, or vacuum container Equipment rented

by Customer will be tested by the third-party laboratory. Based on satisfactory initial sampling

results, and Agassiz Rentals Ltd.’s sole discretion, that figure may be reduced to 10%, random

sampling; (f) If liners are not used, or if any intermodal, roll-off or vacuum container Equipment

fails the testing procedures outlined in Section 7(b), then 100% sampling of all intermodals, roll-

offs or vacuum container equipment will be required.

(v). Sample Analysis. Customer agrees that the analysis of the sampling must: (a) be

performed by a laboratory acceptable to Agassiz Rentals Ltd. that is certified to perform such

analysis by the state in which the Equipment is located; (b) be documented to Agassiz Rentals

Ltd.’s satisfaction and must include a record of the chain of custody for the Representative

Samples; (c) meet or exceed protocols established by the U.S. Environmental Protection Agency

(“EPA”) or the NRC, as applicable.

(vi). Return. Customer shall return the Equipment in a RCRA Empty Condition or NDCL in

accordance with the terms set forth herein. If the Equipment does not meet the standard,

Customer will undertake additional cleaning of Equipment, in accordance with all applicable

law, to meet the standard, and will provide Agassiz Rentals Ltd. with written evidence of same.

Agassiz Rentals Ltd. will not pick up the Equipment and Customer will continue to pay rental

charges until the Equipment has been cleaned to the standards specified herein. In the event

that Customer is unable to clean the Equipment in accordance with the terms set forth herein,

Customer shall pay Agassiz Rentals Ltd. for the full replacement value of the Equipment, plus

any applicable taxes. Customer agrees that in such event it assumes full ownership of and

responsibility for the Equipment and any residual contents and all related liability for the

management, transportation and disposal of such Equipment in accordance with all applicable

laws. Customer agrees that it shall be the generator of any hazardous, solid, or radioactive

waste generated as a result of Customer’s failure to return the Equipment in a RCRA Empty

Condition or NDCL, and of any residual materials resulting from Customer’s attempt to clean the

Equipment. CUSTOMER FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD AGASSIZ

RENTALS LTD. HARMLESS FOR ANY LIABILITY INCURRED BY AGASSIZ RENTALS LTD. AS A

RESULT OF CUSTOMER’S BREACH OF ITS OBLIGATIONS IN THIS SECTION OR AS A RESULT OF

AGASSIZ RENTALS LTD. BEING DEEMED A “GENERATOR” UNDER APPLICABLE ENVIRONMENTAL

LAWS. The foregoing indemnity obligation shall survive the termination or expiration of this

Agreement.

8. COMPLIANCE WITH APPLICABLE LAWS

Customer shall, at Customer’s sole expense, comply with all applicable municipal, state, and

federal laws, ordinances and regulations (including but not limited to those relating to worker

safety or the environment), building and zoning codes, professional licenses, and licenses and

permits which may apply to the use of the Equipment (“Licenses and Permits”). Licenses and

Permits include, without limitation, the discharge of treated water, and disposal of waste or

spent Specialty Media or other materials, and security, traffic control and road crossings

associated with the use of the Equipment. When transporting Non-Hazardous Waste, Agassiz

Rentals Ltd. shall not be deemed to have taken license of any Non-Hazardous Waste and

Customer shall remain the generator of such waste. Customer shall be subject to the provisions

of Section 7(B) if any materials being transported are “Regulated Materials” as defined therein.

Customer shall ensure that the Equipment at all times remains movable personal property.

Customer shall not permit or allow the Equipment to be incorporated, attached or joined to any

real or immovable property such that it causes the Equipment to be deemed a fixture.

– Indemnification: Customer hereby indemnifies and agrees to defend and hold the Agassiz

Rentals Ltd., and their respective affiliates (and the respective partners, shareholders,

employees, officers, directors, agents, sponsors and insurers of each of them) harmless from

any loss, liability, damage, cost or expense (including reasonable attorneys’ fees and costs),

arising out of any claims, or suits, arbitration, governmental inquiry or other proceeding against

any of the above by reason of or relating to use of the Equipment provided by Agassiz Rentals

Ltd.. Customer shall further indemnify, defend and hold harmless Agassiz Rentals Ltd., its

affiliates, and their respective officers, directors, agents and employees, from and against any

and all claims, liabilities and expenses (including attorneys’ fees and costs, increased and/or

punitive awards) which result in whole or in part from any actual or alleged failure of Customer

to comply with the provisions of all federal, state and local laws and regulations (including

California’s Proposition 65) now in effect or hereafter, whether or not any demand for payment

is made to Agassiz Rentals Ltd. and/or any lawsuit is actually filed against Agassiz Rentals Ltd..

9. WARRANTY / DISCLAIMER OF WARRANTIES

AGASSIZ RENTALS LTD. WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD WORKING

ORDER UPON DELIVERY AND THE SERVICES WILL BE PERFORMED IN A GOOD AND

WORKMANLIKE MANNER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AGASSIZ RENTALS LTD.

MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE EQUIPMENT,

SPECIALTY MEDIA, OR SERVICES AND MAKES NO WARRANTIES AS TO THE MERCHANTABILITY

OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING THE

PERFORMANCE OF ANY FILTRATION EQUIPMENT TO MEET ANY APPLICABLE REGULATORY

STANDARD. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER’S

INTENDED USE, OR THAT IT IS FREE FROM DEFECTS OR CONTAMINANTS. EXCEPT AS MAY BE

SPECIFICALLY SET FORTH IN THE AGREEMENT, AGASSIZ RENTALS LTD. DISCLAIMS ALL

WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL

TRANSACTION. IN THE EVENT OF A BREACH OF THE ABOVE EQUIPMENT WARRANTY, AGASSIZ

RENTALS LTD. SHALL, AT ITS SOLE COST AND EXPENSE, REPAIR OR REPLACE THE EQUIPMENT.

IN THE EVENT OF A BREACH OF THE ABOVE SERVICE WARRANTY, AGASSIZ RENTALS LTD.

SHALL, AT ITS SOLE COST AND EXPENSE, RE-PERFORM THE SERVICE.

10. MALFUNCTIONING EQUIPMENT

Should the Equipment be involved in an accident, become unsafe, malfunction or require repair,

Customer shall immediately cease using the Equipment and immediately notify Agassiz Rentals

Ltd.. If such condition is the result of normal operation, Agassiz Rentals Ltd. will repair or replace

the Equipment with reasonably similar Equipment in working order, if such replacement

Equipment is available. Agassiz Rentals Ltd. has no obligation to repair or replace Equipment

rendered inoperable by misuse, abuse or neglect. Customer’s sole remedy for any failure or

defect in Equipment shall be the termination of any rental charges accruing after the time of

failure. Customer must return the Equipment to the Store Location within twenty-four (24)

hours from the time of defect in order to terminate rental charges.

11. RETURN OF EQUIPMENT / DAMAGED & LOST EQUIPMENT

At the expiration of the Rental Period, Customer will return the Equipment to the Store Location

during Agassiz Rentals Ltd.’s regular business hours or if Agassiz Rentals Ltd. has agreed to pick

up the Equipment, Agassiz Rentals Ltd. shall endeavor to pick up the Equipment within a

commercially reasonable period of time after Customer notifies Agassiz Rentals Ltd. that the

Equipment is called “off rent.” Customer is obligated to restore the Equipment to the same

condition as when delivered, reasonable wear and tear (as defined below) excepted. Tanks shall

be empty of all contents as required by any applicable federal, state or local regulation,

including but not limited to those set forth in the Resource Conservation and Recovery Act

(“RCRA”). Customer shall be responsible for all damages to or loss of the Equipment from the

time Customer takes possession of the Equipment until the Equipment is either returned to the

Store Location by Customer or picked up by Agassiz Rentals Ltd.. In the case of the loss or

destruction of any Equipment, or inability or failure to return same to Agassiz Rentals Ltd. for

any reason whatsoever, Customer will pay Agassiz Rentals Ltd. the then full replacement list

value of the Equipment together with the full rental rate as specified until such Equipment is

replaced. If the Equipment is returned in a damaged or excessively worn condition, Customer

shall pay Agassiz Rentals Ltd. the reasonable cost of repair and pay rental on the Equipment at

the regular rental rate until all repairs have been completed. Agassiz Rentals Ltd. shall be under

no obligation to commence repair work until Customer has paid to Agassiz Rentals Ltd. the

estimated cost therefor. Customer agrees that Agassiz Rentals Ltd. reserves the right to charge

the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this

section due to damaged or lost Equipment.

12. REASONABLE WEAR AND TEAR

Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the

Equipment caused by ordinary and reasonable use on a one -shift basis (as defined in Section 15

below). The following shall not be considered reasonable wear and tear: (A) damage resulting

from lack of lubrication, insertion of improper fuel or maintenance of necessary oil, water and

air pressure levels; cavitation; or freezing; (B) except where Agassiz Rentals Ltd. expressly

assumes the obligation to service or maintain the Equipment, any damage resulting from lack of

servicing or preventative maintenance suggested in the manufacturer’s operation and

maintenance manual; (C) damage resulting from any collision, overturning or improper

operation, including overloading or exceeding the rated capacity of the Equipment; (D) damage

in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of the

Equipment or any part thereof; (E) wear resulting from use in excess of shifts for which rented;

and (F) any other damage to the Equipment which is not considered ordinary and reasonable in

the equipment rental industry.

13. LATE RETURN

Customer agrees that if the Equipment is not returned by the end of the Rental Period, or if the

Tanks are not in RCRA Empty Condition ( as defined below) when Agassiz Rentals Ltd. comes to

the Customer site to pick up the Tanks, Agassiz Rentals Ltd., in its sole discretion, may require

Customer to do any of the following: (A) continue to pay the rental rate(s) applicable to the

Equipment as specified in the Agreement; (B) for periods less than 24 hours, pay the full daily

rental rate applicable to the Equipment; (C) pay any increased rental rate(s) in effect at the time

of, or after, the expiration of the Rental Period; or (D) assess a pickup charge if the Tanks are not

in RCRA Empty Condition. Customer agrees that Agassiz Rentals Ltd. reserves the right to charge

the Credit Card, and/or Customer’s account for any amount owed by Customer pursuant to this

section due to late return of Equipment.

14. CUSTOMER PERSONAL PROPERTY

With respect to any personal property left in or on the Equipment upon expiration of the Rental

Period, Agassiz Rentals Ltd. is not a bailee or warehouseman of Customer’s, or any other

person’s, personal property. Agassiz Rentals Ltd. expressly disclaims any custody, control, or

responsibility for the care of Customer’s, or any other person’s, personal property. Agassiz

Rentals Ltd. or its agents may remove the personal property from the Equipment. Under no

circumstances are Agassiz Rentals Ltd. or its agents responsible for any personal property that

may be lost, stolen, or damaged. Customer personal property left in or on the Equipment upon

expiration of the Rental Period may be considered abandoned, unclaimed property in

accordance with applicable state law.

15. RENTAL PERIOD / CALCULATION OF CHARGES

Rental charges commence when the Equipment leaves the Store Location and end when the

Equipment is either returned to the Store Location during Agassiz Rentals Ltd.’s regular business

hours or picked up by Agassiz Rentals Ltd. after Customer notifies Agassiz Rentals Ltd. that the

Equipment is “off rent” and obtains an “off rent” confirmation number from Agassiz Rentals Ltd.

Pick-up and delivery by Agassiz Rentals Ltd. is subject to a “Delivery and Pick-up Service Charge,”

the amount(s) of which are disclosed on the Rental and Service Agreement. Notwithstanding

anything to the contrary in the preceding sentence, for the rental of Tanks, the rental period

continues until Customer has emptied the Tanks of all contents and cleaned the Tanks in

accordance with all applicable regulations, including but not limited to RCRA (“RCRA Empty

Condition”) and any equivalent state clean-up laws. Rental charges do not include the cost of

the Refueling Service Charge, any applicable Taxes (as defined below), the Delivery and Pickup

Service Charge, transportation surcharges, the cost of the Environmental Service Charge or

other miscellaneous charges, the amount(s) of which are disclosed on the Rental and Service

Agreement. Additionally, Agassiz Rentals Ltd. shall invoice Customer for any additional excess

cleaning or repair costs, including: (A) removal of any alterations made by Customer to the

Equipment; (B) restoration of the Equipment to its original configuration; (C) re-lining or re-

painting of Tanks; (D) disposal of any contents left in Tanks; or (E) transportation to and from an

approved repair facility. As set forth herein, “Taxes” shall mean sales tax, goods and services

tax, property taxes (including, without limitation, the Estimated Personal Property Tax

Reimbursement Charge) or other taxes, levies and assessments required to be collected by

Agassiz Rentals Ltd. from Customer at any time upon, or in respect of, the Equipment and/or

this Agreement. Rental charges accrue during Saturdays, Sundays and Holidays. Rental rates are

for normal “one-shift” usage based on an eight (8) hours per day, 40 hours per week and 160

hours per four-week period. On power equipment, operations in excess of one shift will be as

follows: one and one-half times the rental charge for double shift and two times the rental

charge for triple shift. Customer will truthfully and accurately certify to Agassiz Rentals Ltd. the

number of shifts the Equipment was operated. Customer’s right to possess the Equipment

terminates on the expiration of the Rental Period and retention of possession after this time is a

material breach of the Agreement.

16. REFUELING SERVICE CHARGE

Customer acknowledges that a “Refueling Service Charge” will be applied to all Equipment not

returned with a full tank of fuel. The exact cost of the Refueling Service Charge may vary

depending on the rate being charged by the Store Location on the date Customer returns the

Equipment. Customer acknowledges that the Refueling Service Charge is not a retail sale of fuel.

Customer may avoid the Refueling Service Charge if Customer returns the Equipment with a full

tank of fuel.

17. ENVIRONMENTAL SERVICE CHARGE

Due to the hazardous nature of some waste and other products, to comply with federal and

state environmental regulations, and to promote a clean environment, Agassiz Rentals Ltd.

charges an Environmental Service Charge for certain rentals. The Environmental Service Charge

is not a government-mandated charge, is not designated for any particular use, and is used at

Agassiz Rentals Ltd.’s discretion. The Environmental Service Charge is 2.00% of the service

charge and will not exceed $99. Customer acknowledges the items indicated above are subject

to the Environmental Service Charge and Customer agrees to pay that Environmental Service

Charge.

18. DEPOSIT AND PAYMENT
19. DEPOSIT: Customer’s Credit Card will be charged a deposit for the estimated rental (up

to 28 days) 24 hours in advance of the scheduled rental start time. In addition to

securing the payment of rental charges hereunder, Customer agrees that any rental

deposit shall be deemed to be a guarantee by Customer of the full and complete

performance of each and all of the terms of this Agreement to be performed by

Customer. In the event of any breach by Customer, the deposit will be credited against

any damages, cost or expense incurred by Agassiz Rentals Ltd. as a result of the breach.

1. PAYMENT: All remaining amounts due hereunder shall be payable in full upon receipt of

invoice by Customer. Customer acknowledges that timely payment of rental and service

charges is essential to Agassiz Rentals Ltd.’s business operations and it would be

impractical and extremely difficult to fix the actual damages caused by late payment.

Customer and Agassiz Rentals Ltd. agree that there shall be added to all past due rental

charges a late payment fee equal to the lesser of two percent (2%) per month (24% per

annum) on any such payments outstanding after 30 days, or the maximum amount

allowed by applicable law. Where permitted by law, Agassiz Rentals Ltd. may impose a

surcharge of 2.0% for credit card payments on charge accounts. This surcharge is not

greater than Agassiz Rentals Ltd.’s merchant discount rate for credit card transactions

and is subject to sales tax in some jurisdictions. Rental rates do not include sales tax,

goods and services tax or other taxes, levies and assessments required to be collected by

Agassiz Rentals Ltd. from Customer at any time upon, or in respect of, the Equipment

and/or the Agreement (collectively, “Taxes”). Customer agrees that Agassiz Rentals Ltd.

reserves the right to charge the Credit Card and/or Customer’s account for any amount

owed by Customer pursuant to this section due to late or past due payment(s), pickup or

delivery charge(s), extended rental(s), rental charges or Taxes. In the event Customer

asserts that a transaction is exempt from Taxes, Customer agrees to provide a valid tax

exemption certificate. Should the transaction later be deemed taxable, Customer is

obligated to reimburse Agassiz Rentals Ltd. for any Tax assessed that was attributable to

Customer.

C.

19. TITLE / NO PURCHASE OPTION / NO LIENS

With the exception of Specialty Media, the Agreement is not a contract of sale, and title to the

Equipment shall at all times remain with Agassiz Rentals Ltd.. Unless covered by a specific

supplemental agreement signed by Agassiz Rentals Ltd., Customer has no option or right to

purchase the Equipment. Customer shall keep the Equipment free and clear of all mechanics

and other liens and encumbrances.

20. TIRE AND TUBE REPAIR OR REPLACEMENT

Repair or replacement of tires and tubes on Equipment is the responsibility of Customer and is

not included in the rental rate.

21. DEFAULT

Customer shall be deemed in default should Customer fail to pay any amount when due

hereunder; fail to perform, observe or keep any provision of the Agreement; become

“Insolvent” (as defined herein), or should Agassiz Rentals Ltd. anticipate that Customer may

become Insolvent; or otherwise be in default. If Customer is in default, Agassiz Rentals Ltd. may

do any one or more of the following: (A) terminate the Rental Period; (B) declare the entire

amounts due hereunder immediately due and payable and commence legal action therefor; (C)

cause Agassiz Rentals Ltd.’s employees or agents, with notice but without legal process, to enter

upon Customer’s property and take all action necessary to retake and repossess the Equipment,

and Customer hereby consents to such entry, re-taking and repossession and hereby waives all

claims for damages and losses, physical and pecuniary, caused thereby and shall pay all costs

and expenses incurred by Agassiz Rentals Ltd. in retaking and repossessing the Equipment; or

(D) pursue any other remedies available by law. Customer shall be considered “Insolvent” if

Customer shall generally not pay, or be unable to pay, or admit its inability or anticipated

inability to pay its debts as such debts become due; make an assignment for the benefit of

creditors, or petition or apply to any court or tribunal for the appointment of a custodian,

receiver, or trustee for it or a substantial part of its assets; commence any proceeding under any

bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law

or statute of any jurisdiction, whether now or hereafter in effect; have had any such petition or

application filed or any such proceeding commenced against it in which an order for relief is

entered or an adjudication or appointment is made; or take any action indicating its consent to,

approval of or acquiescence in any such petition, application, proceeding or order for relief or

the appointment of a custodian, receiver or trustee for all or any substantial part of its

properties.

22. CUSTOMER’S INSURANCE COVERAGE

Customer agrees to maintain and carry, at Customer’s sole cost, the following insurance: (A)

commercial auto liability insurance with at least a per occurrence limit of $2 million; (B)

commercial general liability insurance (“CGL”) (providing coverage equal to or greater than the

standard ISO CG 00 01 12 04 form) with limits of insurance not less than $2 million per

occurrence and $4 million in the aggregate; and (C) property insurance for the full replacement

cost of the Equipment, including coverage for all risks of loss or damage to the Equipment.

Customer shall obtain insurance policies that provide, or are endorsed to provide, that all

insurance required hereunder is primary and non-contributory to any other insurance

maintained by Agassiz Rentals Ltd. Customer shall name Agassiz Rentals Ltd. as an additional

insured for claims arising out of the maintenance, operation, or use by the Customer of

equipment rented to Customer by Agassiz Rentals Ltd. (providing coverage equal or greater than

the standard ISO CG 20 28 07 04 or its equivalent), and, if applicable, additional loss payee for

property insurance. Customer further agrees that the amount of insurance available to Agassiz

Rentals Ltd. shall be for the full amount of the loss up to policy limits of liability and shall not be

limited to the minimum requirements of this Agreement. In the event any policy provided in

compliance with this Agreement states that the insurance afforded to an additional insured will

not be broader than that required by contract, or words of similar meaning, Customer agrees

that nothing in this Agreement is intended to restrict or limit the breadth of such insurance. Any

deductibles or self-insured retentions shall be the sole responsibility of the Customer. All

insurance required by this Agreement shall include a waiver of rights of recovery against Agassiz

Rentals Ltd. or its insurers by the Customer and its insurers, as well as a waiver of subrogation

against Agassiz Rentals Ltd. or its insurers. The policies required hereunder shall provide that

Agassiz Rentals Ltd. must receive not less than 90 days’ notice prior to any cancellation.

Customer shall provide Agassiz Rentals Ltd. with documented proof of all required insurance

coverage. FOR RENTAL OF EQUIPMENT NOT LICENSED FOR ROAD USE, CUSTOMER MUST

EITHER (i) ELECT TO NAME AGASSIZ RENTALS LTD. AS LOSS PAYEE EVIDENCING PROPERTY

INSURANCE COVERAGE, OR (ii) ELECT TO PURCHASE THE RENTAL PROTECTION PLAN.

23. NO ASSIGNMENT, LENDING OR SUBLETTING

Customer shall not sublease, subrent, assign or loan the Equipment without first obtaining the

written consent of Agassiz Rentals Ltd., and any such action by Customer, without Agassiz

Rentals Ltd.’s written consent, shall be void. Customer agrees to use and keep the Equipment at

the job site set forth in the Agreement unless Agassiz Rentals Ltd. approves otherwise in writing.

Agassiz Rentals Ltd. may at any time, without notice to Customer, transfer or assign the

Agreement or any Equipment or any moneys or other benefits due or to become due

hereunder.

24. SERVICES PROVIDED IN CONNECTION WITH RENTAL OF EQUIPMENT

The terms and conditions set forth in this Section 24 supplement the overall Rental Service

Terms. All the Rental Service Terms in this agreement apply to the specialty services listed

below. In the event that there is a conflict between the overall Rental Service Terms and the

terms and conditions of Section 24 below, the terms within Section 24 shall prevail.