Forklift Rental Agreement

THIS FORKLIFT RENTAL AGREEMENT made in Charlottetown, Queens County, Province of Prince Edward Island, relates to the rental of a forklift, together with any attachments, parts and accessories (the 'Forklift' or 'Unit'). Between Lessor, McQUAID PROPERTY MANAGEMENT INC., and the Lessee.

RENT

The Lessee shall pay rent to the Lessor, in advance, at the applicable rate set out below for the class of Forklift rented, on a daily, weekly, or monthly basis as agreed between the parties at the commencement of the rental, in each case plus applicable taxes:

Unit Class	Daily	Weekly	Monthly
5,000 – 6,000 lb capacity (propane)	$200.00	$600.00	$1,300.00
10,000 lb capacity and rough terrain units	$400.00	$1,000.00	$3,500.00

For monthly rentals, the payment of rent is due on the 1st day of each month. For daily and weekly rentals, the payment of rent is due in advance at the commencement of each rental period. Notwithstanding the foregoing, for monthly rentals the Lessee shall have until the seventh (7th) day of the month to pay the rent by a method other than the credit card on file, failing which the credit card on file shall be charged in accordance with the PAY RENT covenant set out below.

DELIVERY, PICKUP AND MILEAGE

Where the Lessor delivers, relocates, or picks up the Forklift, the Lessee shall pay a delivery, relocation and/or pickup fee, together with a mileage fee associated with transporting the Forklift, each time the Forklift is transported. The applicable delivery, pickup and mileage fees will be calculated at a rate to be determined at the time of transport, and the Lessee will be advised of the applicable fees prior to the charge being incurred. The Lessee acknowledges that these fees may be different for each transport.

FUEL SURCHARGE

In addition to any delivery, pickup and mileage fees charged, the Lessee shall pay the Lessor a fuel surcharge on all charges associated with transporting the Forklift. The fuel surcharge is calculated as a percentage of the applicable delivery, pickup and mileage fees, based on the prevailing price of diesel fuel (CAD per litre) at the time the Forklift is transported, in accordance with the following schedule:

Diesel Price (CAD/L)	Fuel Surcharge
$0.00 – $1.60	0.00%
$1.61 – $1.70	1.00%
$1.71 – $1.80	2.00%
$1.81 – $1.90	3.00%
$1.91 – $2.00	4.00%
$2.01 – $2.10	5.00%
$2.11 – $2.20	6.00%
$2.21 – $2.30	7.00%
$2.31 – $2.40	8.00%
$2.41 – $2.50	9.00%
$2.51 – $2.60	10.00%
$2.61 – $2.70	11.00%
$2.71 – $2.80	12.00%
$2.81 – $2.90	13.00%
$2.91 – $3.00	14.00%

The Lessee acknowledges and agrees that the fuel surcharge may change from time to time in accordance with the prevailing price of diesel fuel, and that the fuel surcharge applicable to each transport may differ. The Lessee will be advised of the applicable fuel surcharge prior to the charge being incurred.

EQUIPMENT

The Lessee has examined the Forklift and finds it to be in good working order and repair, and suitable for the Lessee’s intended use. The Lessee shall immediately notify the Lessor of any defect or deficiency discovered in the Forklift.

OPERATOR QUALIFICATIONS AND TRAINING

The Lessee shall ensure that any and every person who operates the Forklift holds a valid licence and/or certification and has received proper training as required by law, prior to operating the Forklift. The Lessee is solely responsible for verifying the qualifications, licensing, certification and training of each and every operator of the Forklift, and for ensuring that the Forklift is operated in accordance with all applicable laws, regulations, manufacturer requirements and workplace health and safety requirements. The Lessee shall not permit any unqualified, unlicensed or untrained person to operate the Forklift.

DAILY INSPECTION

The Lessee shall complete a daily pre-use inspection checklist of the Forklift before each use, and shall report any issue, defect, damage or malfunction to McQuaid Property Management Inc. as soon as it is noticed. The daily inspection shall include, without limitation, a check of fluid levels (engine oil, fuel, coolant, and hydraulic fluid), the battery and/or propane system, tires and wheels, forks, mast, chains and hydraulic components, leaks, brakes (including the parking brake), steering, horn and back-up alarm, lights and warning devices, the seatbelt and operator restraint, and the overhead guard, as well as an operational check of the lift and tilt functions.

THE LESSEE SHALL NOT OPERATE, AND SHALL NOT PERMIT ANY PERSON TO OPERATE, THE FORKLIFT IF THE UNIT DOES NOT PASS THE DAILY INSPECTION. Any Forklift that fails the daily inspection shall be removed from service immediately and the issue reported to the Lessor before any further use.

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

The Lessee acknowledges and agrees that the Lessor, McQuaid Property Management Inc., together with its owners, directors, officers, employees, agents, assignees and any associated companies, shall have no liability whatsoever for the acts or omissions of any operator of the Forklift, or for any injury, death, loss or damage of any kind arising from or in connection with the operation or use of the Forklift. The Lessee, on its own behalf and on behalf of its operators, agents, employees and invitees, hereby releases and forever discharges the Lessor and all of the foregoing persons from any and all such liability. The Lessee assumes all risks inherent in the operation, use, possession and placement of the Forklift from the time the Forklift is delivered to or picked up by the Lessee until it is returned to the Lessor.

INDEMNITY

The Lessee shall indemnify and save harmless the Lessor, McQuaid Property Management Inc., its owners, directors, officers, employees, agents, assignees and any associated companies, against and from any and all claims, demands, losses, damages, actions, suits or proceedings of every nature and kind whatsoever, including, without limiting the generality of the foregoing, all claims for bodily injury, death or property damage, arising from or in connection with the operation, use, possession or rental of the Forklift, or any act or omission of the Lessee or any operator, agent, contractor, servant, employee, invitee or licensee of the Lessee, and against and from all costs, counsel fees, expenses and liabilities incurred in or about any such claim, save and except for any claim arising solely from the gross negligence of the Lessor.

INSURANCE

The Lessee shall, at its own expense, maintain proper and adequate insurance for the duration of the rental, including commercial general liability insurance covering the operation and use of the Forklift, and property insurance covering the Forklift for its full replacement value against loss or damage. Such insurance shall name the Lessor as an additional insured and loss payee, and the Lessee shall provide proof of such insurance upon request. The Lessee shall also maintain insurance on all property owned by the Lessee and handled by or stored on the Forklift.

USE AND PROHIBITED USES

The Lessee shall use the Forklift solely for the purposes agreed upon, with care and in accordance with the manufacturer’s instructions and all applicable laws and regulations. The Lessee shall not: exceed the rated capacity of the Forklift; use the Forklift for any unlawful purpose; permit operation by any unqualified, unlicensed or untrained person; use improper fuel; carry passengers unless the Forklift is designed to do so; or alter, modify or tamper with the Forklift or any of its safety devices. The Lessee shall not assign this agreement or sublet the Forklift without the prior written consent of the Lessor.

CORROSIVE ENVIRONMENTS: The Forklift shall not be used or operated in corrosive environments, including, without limitation, on docks, wharves, piers, or in any other salt water related area, or in any environment where the Forklift may be exposed to salt water, salt spray, or other corrosive substances. Any damage to the Forklift resulting from use in a corrosive environment shall be the sole responsibility of the Lessee and shall be charged to the Lessee.

ROUGH TERRAIN UNITS: Rough terrain Forklifts shall not be used or operated on hills or on any surface with a slope or grade of more than ten (10) degrees, and shall never be used to lift a load while positioned on uneven ground. The Lessee shall ensure that all lifting with a rough terrain unit is carried out only on firm, level ground. Any damage, injury, loss or claim arising from operation contrary to this provision shall be the sole responsibility of the Lessee.

MAINTENANCE AND DAMAGE REPORTING

The Lessee shall perform the routine daily checks set out above, including checking fluid levels and tire condition, and shall cease operation of the Forklift immediately upon detecting any malfunction, defect or unsafe condition. The Lessee shall be responsible for the repair of any flat tire or tire damage occurring during the rental. The Lessee shall report any damage to the Forklift to the Lessor within twenty-four (24) hours of the damage occurring.

FUEL

The Lessee is responsible for supplying and paying for fuel during the rental, and shall use only the proper fuel for the class of Forklift rented (propane for propane-powered units, using proper propane cylinders and fittings installed and connected in accordance with the manufacturer’s instructions and applicable law; diesel for diesel-powered units). The Lessee shall return the Forklift with a full propane cylinder or a full tank of fuel, as applicable, failing which a refuelling service charge will apply in addition to the cost of the fuel. All propane cylinders supplied with the Forklift must be returned with the unit. If a propane cylinder is returned damaged, is missing, or is replaced with the wrong cylinder, the Lessee will be charged $500.00 plus applicable taxes per cylinder.

DAMAGE AND LOSS

The Lessee shall be responsible for and shall pay the Lessor for all damage to the Forklift beyond reasonable wear and tear, including damage caused by the negligent, reckless or willful conduct of the Lessee or any operator, agent, employee, licensee or invitee of the Lessee, and including damage resulting from improper fuel, lack of maintenance, collision, overloading or misuse. In the event the Forklift is lost, stolen or destroyed, the Lessee shall pay the Lessor the full replacement value of the Forklift, together with the full rental rate as specified until the Forklift is replaced.

RETURN OF EQUIPMENT

The Lessee shall return the Forklift, and all attachments, parts and accessories belonging thereto, in the same condition as received, ordinary wear excepted, and clean and free of debris and residue. Any clean out or extensive cleaning required will be billed to the Lessee at a rate of $150.00 per hour plus HST, subject to a minimum charge of $200.00 plus HST.

PAY RENT

The Lessee shall at all times keep a valid credit card on file at the offices of the Lessor as a condition of this agreement. The Lessee may pay rent by cheque, cash, e-transfer, wire transfer, or credit card; however, any payment made by a method other than the credit card on file must be received by the Lessor when due (and, for monthly rentals, no later than the seventh (7th) day of the month). If payment has not been received when due, the Lessee authorizes the Lessor to automatically charge the full outstanding balance, plus applicable taxes, to the credit card on file, without further notice. The Lessee further authorizes the Lessor, as an ongoing right, to charge the credit card on file for any and all amounts that remain unpaid more than seven (7) days after they become due, including rent, applicable taxes, delivery, pickup and mileage fees, fuel surcharges, and any other charges owing under this agreement, and to re-attempt any such charge from time to time until all outstanding amounts are paid in full.

DEFAULT AND REPOSSESSION

If the rent or any other amount owing under this agreement shall be in arrears, or if the Lessee shall make default in the observance or performance of any of the Lessee’s covenants or agreements contained in this agreement, and such arrears or default shall continue for a period of seven (7) days, then the Lessor may give the Lessee notice requiring the Lessee to pay the arrears or remedy the default within fourteen (14) days of receipt of notice. If the Lessee fails to pay the arrears or remedy the default within such period, the Lessor may terminate this agreement and re-take possession of the Forklift, and the Lessee shall make the Forklift available to the Lessor for repossession. All costs associated with the recovery and transport of the Forklift, including mileage, shall be charged to the Lessee’s account and shall be payable by the Lessee.

NOTICE

Any notice or communication to be given by any party to the other hereunder shall be deemed to be duly given when served upon such party or sent by registered mail to the Lessor at their place of business and to the Lessee at the address provided above.

COUNTERPARTS / ELECTRONIC SIGNATURE

This Agreement may be executed and delivered by facsimile or electronic transmission, and may be signed in counterparts, each of which once executed and delivered shall be read together and deemed to be a single agreement. This Agreement may be executed by facsimile, .pdf signature, or any other form of electronic signature by any party, and such signature shall be binding for all purposes hereof without delivery of an original signature being thereafter required.

EXECUTION

Execution of Forklift Rental Agreement and Waiver by Lessee:

I/We have read the entire Forklift Rental Agreement provided above and I/We confirm that I/We understand and agree to be bound by the terms herein. Without limiting the generality of the Forklift Rental Agreement: I/We agree to hold harmless and indemnify the Lessor, McQuaid Property Management Inc., and/or any of its owners, employees, assignees or agents, for all losses or damages arising from or in connection with the operation or use of the Forklift by any operator, and I/We confirm that every operator of the Forklift will hold a valid licence and/or certification and proper training as required by law.