1. TERMS AND CONDITIONS OF AGREEMENT
    1. In this agreement, “Customer” means the person renting or purchasing(as the case may be) the Item(s) set out on the reverse of this document, and “BARRICADES” means Barricades and Signs Ltd, the Lessor or Vendor (as the case may be).

  2. TERMS APPLICABLE TO RENTALS. If this Agreement is for the rental of Item(s) (a “Delivery Order” form being used), then the following terms apply: 
    1. Amount of Rent and Payment.
    2. The Customer will pay rent at a daily rate (the “Rental Charge”) and all charges for delivery from and the return to BARRICADES’ premises as shown on the front of this Agreement, plus GST and applicable PST on both. The amount of the daily Rental Charge shall be as quoted by BARRICADES to the Customer.
    3. The Rental Charge commences on the day of delivery of the Item(s) to the Customer, his agent or employee at BARRICADES’ warehouse, and runs continuously to and including the day of actual return of the Item(s) to the BARRICADES warehouse.

  3. Use of Item(s) and Risk.
    1. The Customer shall not remove any of the Item(s) from the designated job or project without notice in writing to BARRICADES. The Customer shall return the Item(s) during normal business hours of BARRICADES (and at no other time) to an employee or agent of BARRICADES. Upon return of the Item(s), BARRICADES shall provide a receipt upon which shall be noted the date and time of the return. Any Item(s) for which a receipt has not been issued shall be deemed to be rented to the Customer and subject to the rents and covenants of this Rental Agreement. Upon any claim being made by the Customer that the Item(s) has been returned, this covenant may be pleaded as an estoppel against the Customer in any action brought by BARRICADES for payment of rents or the replacement value of the Item(s).
    2. The Customer shall, at his own cost, provide fire, theft and extended coverage insurance on the Item(s) for the duration of this Agreement, in form and amount satisfactory to BARRICADES, insuring the interest of BARRICADES and the Customer as they may appear.
    3. The Customer is responsible for payment of all fines, penalties and all other levies or costs that may be imposed by any governmental authority on the Item(s) while such Item(s) is in possession or control of the Customer.
    4. All right and title of ownership in the Item(s) remains with BARRICADES.
    5. The Customer shall not assign this Agreement or sub-let, lend, mortgage, sell or dispose of the Item(s) or any part thereof in any manner. The Customer will keep the Item(s) in his own possession at all times.

  4. Damages. Loss or Theft.
    1. If the Item(s) is damaged, destroyed, lost or stolen the Customer will pay to BARRICADES, the cost of repair or replacement (at the option of BARRICADES) of the Item(s). BARRICADES shall be the sole judge as to whether the Item(s) can reasonably be repaired. The cost of repairs or replacement shall be added to the Rental Charge.

  5. Termination.
    1. BARRICADES may terminate this Agreement on 30 days written notice to the Customer that it intends to repossess the Item(s), or (at the option of BARRICADES) in the event of Default by the Customer.

  6. Default by the Customer.
    The Customer will be in default under this agreement if the Customer:

    1. Defaults in payment of the Rental Charge:
    2. Allows any encumbrance, lien or charge to be filed against any of the Item(s);
    3. Is otherwise in breach of any term of this Agreement;
    4. Is adjudged bankrupt or files a petition in bankruptcy, or has a Receiving Order made against him or executes an assignment for the benefit of his creditors:
    5. Remedies of BARRICADES. In the event of default by the Customer, BARRICADES may pursue any or all of the following remedies or any other remedy available at law:
    6. Immediately retake possession and remove all Item(s), and for this purpose, enter into or upon any premises where the Item(s) may be found to
    7. effect such removal;
    8. Demand immediate payment of all rent owing to the date of possession.

  7. TERMS APPLICABLE TO SALES.
    1. If this agreement is for the sale of Item(s) (a “Sales Delivery” form being used), then the following terms apply:
    2. Price. The Customer will pay the Sale Price as quoted by BARRICADES to the Customer. GST, PST and all applicable taxes are extra.
    3. All Sales Final. All sales made to the Customer are final.

  8. TERMS APPLICABLE TO BOTH RENTALS AND SALES.
    The following terms apply whether this is a Rental Agreement or a Sale Agreement.

    1. Use of Item(s) and Risk.
    2. This Agreement deals with the Item(s) only. The Customer or Purchaser (as the case may be) shall provide and pay for skilled and competent operators.
    3. The Customer or Purchaser (as the case may be)
    4. acknowledges that he has inspected the Item(s) and has accepted the same in its present condition and further acknowledges that the Item(s) is in good and safe working condition.
    5. Will use the Item(s) in a careful and prudent manner, and provide at his own expense all necessary fuel, grease, lubrication and maintenance for the proper operation of the Item(s).
      1. Will return the Item(s) to BARRICADES in good working order.
      2. Takes the Item(s) at his own risk and agrees to fully indemnify and save harmless BARRICADES against all and any claims (including costs on a solicitor and own client basis) arising from any accident, injury or damage sustained by the Customer, his agents, employees or any third parties arising from the use or possession of the Item(s). Any of the employees or agents of BARRICADES assisting the Customer to load Item(s) or to hook up Item(s) shall be deemed to be under the direction and control of the Customer. The Customer shall assume all responsibility of ensuring that the Item(s) is properly hooked up, loaded, or used.

  9. Payment and Interest.

    1. All amounts owing under this Agreement are due when BARRICADES renders an invoice. Interest will accrue at the rate of 2% per month (24% per year), compounded annually, on the outstanding balance from time to time, until payment in full is made to BARRICADES. Interest is payable at such rate both before and after the taking of any judgment under this Agreement.

  10. No Warranty by BARRICADES.
    1. The Item(s) is received by the Customer without any representation or warranty whatsoever as to the condition of the Item(s), the work that it can do or will do, the results that it will accomplish or otherwise.

  11. Time.
    1. Time is of the Essence in this Agreement.

  12. General Provisions.
    1. This is the whole agreement between the Customer and BARRICADES, and it replaces any prior agreement, whether verbal or in writing. This Agreement is for the benefit of and is binding on the parties, as well as their legal successors. This Agreement will be interpreted in accordance with the laws of the Provinces of Alberta, British Columbia, Saskatchewan and Manitoba, Canada, and any Court action relating to this Agreement shall be taken at the Court location closest to the head offices of BARRICADES.

  13. Rent-to-Own Period and Payment.
    1. The Customer will pay a monthly rent-to-own charge (the “Rent-to-Own Charge”) as shown on the front of this Agreement, plus applicable taxes. The amount of the monthly Rent-to-Own Charge shall be as quoted by BARRICADES to the Customer.
    2. The Rent-to-Own Charge commences on the day of delivery of the Item(s) to the Customer and runs continuously until the end of the agreed rent-to-own period or until the Customer decides to purchase the Item(s), whichever comes first.

  14. Option to Purchase.
    1. At any time during the rent-to-own period, the Customer may choose to purchase the Item(s) for a pre-agreed price minus any Rent-to-Own Charges already paid. Upon completion of the rent-to-own period, if the Customer has made all required payments, the ownership of the Item(s) will automatically transfer to the Customer.

  15. Maintenance and Care.
    1. The Customer is responsible for the maintenance and care of the Item(s) during the rent-to-own period. Any damages or issues not covered by the manufacturer’s warranty will be the responsibility of the Customer.

  16. Termination of Rent-to-Own Agreement.
    1. If the Customer chooses not to purchase the Item(s) at the end of the rent-to-own period and does not return the Item(s) in good condition, BARRICADES may charge the Customer for any damages or lost value.
    2. BARRICADES may terminate the rent-to-own agreement if the Customer defaults on any payments or breaches any terms of this Agreement.

  17. Default by the Customer.
    1. The Customer will be in default under this agreement if the Customer:
    2. Defaults in payment of the Rent-to-Own Charge.
    3. Is otherwise in breach of any term of this Rent-to-Own Agreement.

  18. Remedies of BARRICADES.
    1. In the event of default by the Customer in a rent-to-own agreement, BARRICADES may pursue any or all of the remedies mentioned in the “Remedies of BARRICADES” section under “TERMS APPLICABLE TO RENTALS.”
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