Terms and Conditions at Super Sonic Rentals

Warranties – The equipment will be in working order and good condition upon delivery. The equipment is fit for the purpose of portable power/heat for contractor use on site.

Terms – Invoices due Net 30. All overdue payments shall be subject to 2% interest rate per month. The LESSEE shall pay rent for the agreed upon number of weeks. The term of the lease can be extended.

Location – The equipment shall be located in the province of Alberta and shall not be removed without LESSOR’s prior written consent. The LESSEE shall inform the LESSOR upon demand of the exact location.

Use – LESSEE shall use the equipment in a careful and proper manner and shall comply with and conform to all federal, provincial, municipal and other laws, ordinances and regulations in any way relating to the possession, use or maintenance of the equipment. The LESSEE will use the equipment for the purpose for which it was designed and not for any other purpose.

Acceptance – The LESSEE acknowledges that it has examined and tried the said equipment and that it is now in good operating order, repair and condition and is suitable for the purposes of the LESSEE upon delivery. The LESSEE’s right to inspection shall be in lieu of any warranties and guarantees and it is agreed that the LESSOR makes no warranty or guarantee whatsoever as to the equipment or its performance. The LESSEE acknowledges that upon delivery and appropriate install, the LESSEE accepts responsibility for care, maintenance, control and liability associated with the said equipment.

Inspection – The LESSOR shall have the right at any time to enter upon the premises occupied by the equipment and shall be given free access thereto and afforded all necessary facilities for the purpose of inspecting the equipment.

Alterations – All additions and improvements of whatsoever kind or nature made to the equipment shall belong to and become the property of LESSOR upon the expiration, or earlier termination, of this lease. The LESSEE will not alter, remove, disfigure or in anywise change any insignia and lettering upon any of the said equipment.

Loss, Damage and Repairs – LESSEE hereby assumes and shall bear the entire risk of loss and damage to the equipment from any and every cause whatsoever and shall keep and maintain the equipment in good repair, condition and working order. LESSOR is responsible for service and regular maintenance every 250 hours, if applicable unless agreed otherwise. No loss or damage to the equipment or any part thereof shall impair any obligation of LESSEE under this lease which shall continue in full force and effect. In the event of loss or damage of any kind whatsoever to any item of equipment, LESSEE at the option of LESSOR, shall place the same in good repair, condition and working order or alternatively, the LESSOR may replace or repair the lost or damaged equipment, the cost to be borne by the LESSEE. LESSEE agrees to immediately inform LESSOR of all losses or damage, and provide LESSOR with the name, address and phone number of LESSEE’s insurance company, a copy of the police report and complete information concerning insurance policy coverage, and lessee further agrees to assign said claim and any and all proceeds from said claim to LESSOR.

Expense – without limiting the generality of the foregoing, the LESSEE shall, at the LESSEE’s own expense, during the term of this lease pay the cost of: (a) all fuel required to operate the equipment; (b) all repairs, replacement parts including labor charges, required to be made to the equipment in order to keep it in good repair and running order unless otherwise agreed upon in writing.

Surrender – Upon the expiration or earlier termination of this lease, LESSEE shall return the equipment to LESSOR in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone expected.

Indemnity - The LESSEE shall indemnify the LESSOR against all loss and damage to the equipment during the rental period. The LESSEE will indemnify and hold harmless the LESSOR against any and all claims, actions, suits, proceedings, costs, or expenses, including attorney’s fees or other costs arising out of or related to the LESSEE’s use of equipment.

Insurance – The LESSEE shall at his (its) own expense maintain liability, theft, fire and any other insurance required to indemnity the LESSOR against any loss to or of the equipment to the extent of the current replacement value, such insurance to cover the insurable interest of the LESSOR in said equipment. This insurance shall be kept in effect from the time the equipment is shipped by the LESSOR until it is returned to the LESSOR.

Retaking – For the breach by LESSEE of any agreement or condition set forth herein, or, should this lease terminate, the LESSOR may retake the equipment and it shall be permissible for the LESSOR with or without notice and with or without legal process to retake said equipment, using all necessary force so to do and the LESSEE hereby expressly waives for itself and its employees all damages or loss, if any, suffered or caused by reason of said taking.

Bankruptcy – Neither this lease nor any interest therein is assignable or transferable by operation of law. If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the LESSEE, or if the LESSEE is adjudged insolvent, or if the LESSEE makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on any item or items of the equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action and given authority to take possession or control of any item or items of the equipment, LESSOR shall have and may exercise any one or more of the remedies set forth in Retaking paragraph hereof; and this lease shall, at the option of the LESSOR, without notice, immediately terminate and shall not be treated as an asset of LESSEE after the exercise of said option.

LESSOR’s Expenses – LESSEE shall pay LESSOR all costs and expenses, including solicitor’s fees, incurred by LESSOR in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions or provisions hereof including any costs of removal of the said equipment.

Assignment – None of the equipment shall be sublet by the LESSEE, nor shall the LESSEE lend or part with possession of the equipment, nor shall the LESSEE assign or transfer any interest in this lease without previous written consent of the LESSOR.

Ownership – the equipment is, and at all times be and remain, the sole and exclusive property of LESSOR; and the LESSEE shall have no right, title or interest herein or thereto except as expressly set forth in this lease. The LESSEE will not encumber the equipment or allow the equipment to be encumbered or pledge the equipment as security in any manner.

Calculation of Rental – The rental rate agreed upon in writing is determined by the duration of the rental. All rental rates are based on three day working week within a 28-day month.

Time of Return – LESSEE’s right to possession of the equipment terminates on the expiration of the rental period or as requested by site manager and retention of possession after this time constitutes a material breach of this contract. Time is the essence of this contract. Any extension must be mutually agreed upon in writing. It is agreed that the LESSEE shall remain liable for any loss of or damage to the equipment until the LESSOR takes physical possession of the equipment.

This two page agreement will extend to and be binding upon and inure to equipment requested.

This contract shall be construed according to the laws of the Province of Alberta.