1. The medical equipment is the property of Wheel Walkers and is in good condition. The Renter shall return the equipment in the same condition as when delivered or picked-up by Wheel Walkers, at the end of the rental period subject to any ordinary wear and tear.
2. The Renter acknowledges that he/she has fully inspected and accepted equipment in good condition and repair. The Renter further acknowledges that the Renter is familiar with such equipment and the operation thereof and has inspected and accepted said equipment in good operating condition.
3. The rental term commences on the delivery date and ends upon the date when the equipment is returned to Wheel Walkers.
4. All rentals due under this Agreement shall be paid monthly, weekly or daily, as the case may be depending upon whether the equipment has been rented by the month, by the week, or by the day, in advance. All overdue payments shall bear interest at the rate of 2% per month (24% per annum) on the unpaid balance.
5. The rent for any and every item of equipment shall be the amount designated on Page 1 hereof plus HST. An NSF fee ($35.00, subject to change) will be charged to all returned payments and multiple returned payments may be subject to an additional administrative fee.
6. Wheel Walkers shall have the right to immediately retake and repossess the equipment with or without process of law and terminate this Agreement, if: (a) the Renter defaults in making any of the required rent or other payments when due; (b) the Renter fails to comply with any of the terms, covenants, conditions and understandings herein; or (c) the Renter becomes insolvent or any proceedings be taken in bankruptcy, whether voluntary or otherwise, or by way of receivership. The Renter waives all claims to damages or expenses in respect of such seizure and repossession. In any event, A2Z’s obligations to provide the equipment shall terminate but the Renter shall still remain liable and shall pay to A2Z forthwith any required rent or other payments hereunder, together with the cost and incidental to such seizure and repossession as well as any other obligations undertaken by W.
7. The Renter hereby consents to A2Z conducting a credit check upon the Renter if deemed necessary by A2Z.
11. The Renter hereby assumes and shall bear the 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. No loss or damage to the equipment or any part thereof shall impair any obligation of the Renter under this Agreement which shall continue in full force and effect. In the event of loss or damage of any kind whatsoever to any item of equipment, the Renter at the option of Wheel Walkers, shall place the same in good repair, condition and working order or alternatively, replace damage or lost equipment at the prevailing new market value or repair the damaged equipment, the cost of such repairs to be borne by the Renter together with interest on the outstanding balance.
12. Without the prior written consent of Wheel Walkers the Renter shall not make any alterations, additions or improvements to the equipment. All additions and improvements of whatsoever kind or nature made to the equipment shall belong to and become the property of Wheel Walkers upon the expiration of earlier termination of this Agreement. The Renter will not alter, remove, disfigure or in anywise change any insignia or lettering upon any of the said equipment.
13. The Renter assumes all risk and liability for any loss, damage or injury, including death, to persons or property of the Renter or others arising out of the use, operation or driving (if applicable) of the equipment.
14. The Renter shall require drivers to operate the equipment with reasonable care and diligence and comply with the terms of this Agreement. Under no circumstances shall the equipment be used, operated by any person: a) while under the influence of intoxicants or narcotics; or b) in an unsafe manner.
15. The Renter shall defend, indemnify and hold harmless Wheel Walkers, all of their agents, officers, shareholders, and employees from and against any and all losses, liability claims, damages, injuries, demands, actions and causes of action whatsoever, arising out of or related to any loss, damage or injury claimed by persons that may arise from the use, operation or driving of the equipment, provided that such loss or damage was not caused by the fault or gross negligence and willful misconduct of A2Z or its employees.
16. The Renter shall notify Wheel Walkers immediately of any and all accidents and damage resulting from the use, operation or driving of the equipment.
17. If the Render is utilizing the Rent-to-Own option then the Renter hereby grants to Wheel Walkers as continuing security for the repayment and the performance of the obligations herein, a continuing, specific and fixed mortgage, charge and assignment of, and security interest in the equipment detailed on Page 1 with respect to the Rent-to-Own option (the “Collateral”), including, without limiting the generality of the foregoing, all proceeds and personal property in any form derived directly or indirectly from any dealing with the Collateral or any part thereof and all proceeds of proceeds and any part thereof.
18. Renter agrees to pay all costs, expenses, and legal fees incurred by Wheel Walkers in collecting sums due or in regaining possession of equipment or in enforcing or recovering any damage, losses or claims against the Renter.
19. No equipment shall be sublet by the Renter, nor shall he/she assign or transfer any interest in this Agreement without written consent of Wheel Walkers.
20. This Agreement constitutes the entire agreement between the parties; and it shall not be amended, altered or changed except by a written agreement signed by the parties.
21. This Agreement shall be governed by the laws of the Province of Ontario and the federal laws applicable therein.
22. If any part of this Agreement be declared or held invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity and enforceability of the remainder which shall continue in force and effect and be construed as if this Agreement had been executed without the invalid or unenforceable portion and it is hereby declared the intention of the parties hereto that this Agreement would have been executed without reference to any portion which may, for any reason, be hereafter declared or held invalid or unenforceable