1. DEFINITIONS. “Accessories” means any and all accessories, attachments, other hoses, manifolds, trailers, liquid glycol tanks, printed matter and other similar items. “Customer” means the person or entity identified as the Customer on Aggreko documents, such as, quotes, orders, delivery tickets, site set-up forms, including any person(s) or entity over whom the Customer might reasonably be expected to exercise control. “Equipment” means, individually and collectively, the items of equipment described on quotes, orders, delivery tickets, site set-up forms, and shall include any Accessories delivered to the Customer. “ICS” means Aggreko and its successor in interest, Aggreko Canada, Inc.
  2. RECEIPT, INSPECTION AND USE OF EQUIPMENT. Customer acknowledges that it has inspected the Equipment prior to taking possession thereof, finds it in good working order and repair, and is suitable for the Customer’s needs. Customer acknowledges that they have been oriented on the proper operation and use of each item of Equipment and materials used in conjunction with the Equipment. Customer is responsible for gas connections and regulators (including materials), electrical materials and connection (230V-SPH 30 Amp for Central Heating Unit housing, 110V 15 Amp for each fan/coil unit), proper gas supply to Central Heat Unit (requires between 6” and 11” WC at manifold) and the Customer is responsible for unloading, placing and re-loading the Equipment. Customer agrees to check filters, oil, fluid levels, clean and visually inspect the Equipment daily (or, more frequently if required) and to immediately notify Aggreko when Equipment needs repair or maintenance. Customer shall immediately cease using Equipment that becomes unsafe, malfunctions or requires repair. Aggreko must be notified within 24 hours from the time of defect in order to terminate rental charges. Aggreko has no responsibility to inspect Equipment in the Customer’s possession (unless it is part of the contracted arrangement that was mutually agreed upon between the Customer and Aggreko prior to the Customer taking possession of said equipment).
  3. RETURN OF EQUIPMENT. At the expiration of the term, Customer will return the Equipment to Aggreko in the same condition and repair as when it was delivered to Customer, subject to reasonable wear and tear.
  4. PRICE AND PAYMENT TERMS. Payment terms: Net 30 from date of invoice. If duration discounts apply, rentals returned prior to the committed term are subject to term discounts being reversed. Equipment cleaning charges may apply if equipment is returned in excessively dirty condition. Customer pays for Equipment pick up and return transportation charges. Set up and take down charges are extra. Rental charges start at the date & time the Customer has reserved the Equipment; in the event of customer delays this may be prior to the actual delivery date. Repair or replacement costs of Equipment damaged while in Customer’s possession will be invoiced to Customer. Late returns will be billed at the standard day rate for each day the Equipment is retained beyond the expiration of the term. Late payment charges of 2% /month (24%/annum) shall apply. Prices are subject to change without notice. Taxes are extra. All rentals are subject to credit approval.
  5. DAMAGES AND LOST EQUIPMENT. Customer shall be liable for all damage to or loss of the Equipment. In the case of the loss or destruction of any Equipment, or inability or failure to return same to Aggreko for any reason whatsoever, Customer shall pay Aggreko the full replacement list value together with the full rental rate as specified until such Equipment is replaced. If Equipment is returned in a damaged or excessively worn condition, Customer shall pay Aggreko the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been completed.
  6. A) LIMITATION OF LIABILTY. Aggreko OR ANY REPRESENTATIVE OR AGENT INVOLVED IN PROVIDING THE EQUIPMENT OR SERVICES OF Aggreko SHALL UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE AND FUNDAMENTAL BREACH) BE LIABLE TO THE CUSTOMER, OR ANYONE ON BEHALF OF THE CUSTOMER, FOR ANY CLAIMS THAT MAY BE RAISED IN LAW OR IN EQUITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSSES FROM OR THROUGH THE USE OF THE EQUPMENT OR SERVICES PROVIDED BY OR THAT RESULT FROM OR THROUGH THE USE OF OR INABILITY TO USE THE EQUIPMENT OR SERVICES OF Aggreko OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS IN OPERATION OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES OF Aggreko. FURTHER, THE LIABILITY AND INDEMNITY OBLIGATIONS, IF ANY, OF Aggreko OR ANY REPRESENTATIVE OR AGENT INVOLVED IN PROVIDING THE EQUIPMENT OR SERVICES OF Aggreko SHALL UNDER NO CIRCUMSTANCES EXCEED THE TOTAL RENTALS RECEIVED FROM CUSTOMER BY Aggreko FOR THE EQUIPMENT WHICH IS THE SUBJECT OF CLAIM OR DISPUTE. THE CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT THE USE OF THE EQUIPMENT OR SERVICES MAY BE USED IN KNOWN OR UNKNOWN SITUATIONS WHERE THE OUTCOME OF THE RESULTS OF THE EQUIPMENT OR SERVICES IS UNCONTROLLABLE OR MAY ACTIVATE OR ENCOURAGE CERTAIN CONDITIONS SUCH AS, BUT NOT LIMITED TO, THE DEVELOPMENT OF MOLD OR ANY OTHER RESULT OF WATER DAMAGE. THE TERMS AS STATED SHALL SURVIVE ANY TERMINATION OF THE AGREEMENT.       B.) DISCLAIMER OF WARRANTIES. Aggreko MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMERS’ INTENDED USE OR THAT IT IS FREE FROM DEFECTS.
  7. TITLE. Title to the Equipment shall at all times remain with Aggreko. Customer shall keep Equipment free and clear of all liens and encumbrances.
  8. INSURANCE. Customer shall maintain, at its cost, (i) comprehensive general liability insurance against claims for bodily injury (including death), personal injury and property damage, and (ii) legal liability, property damage and casualty insurance for an amount not less than the full replacement cost of the Equipment, including all risks of loss or damage covered by the standard extended coverage endorsement, such policies to be in forms and amounts sufficient to cover any loss, damage or liability arising from the handling, transportation, maintenance, operation or use of the Equipment. Customer shall supply Aggreko proof of such insurance and name Aggreko as loss payee and additional insured. Aggreko shall receive not less than 30 days’ notice prior to cancellation of the insurance required.
  9. CARBON CREDITS. The Customer hereby waives all rights, title, interest, and claims to any and all carbon credits created in connection by the Customer’s usage of the Equipment (the “Carbon Credits”) and the Customer acknowledges and agrees that all rights, title and interest in the Carbon Credits will be the exclusive property of Aggreko, notwithstanding that the Customer may have contributed to the creation of the Carbon Credits. The Customer agrees to immediately disclose to Aggreko any acquisition of rights, title, or interest in the Carbon Credits and to immediately transfer or assign to Aggreko all right, title and interest of the Carbon Credits to Aggreko. The Customer agrees to execute any instruments and to do all other things reasonably requested by Aggreko, both during and after the expiry or termination of this Agreement, in order to fully vest all ownership rights of the Carbon Credits to Aggreko.
  10. DEFAULT. If Customer is in default under this Agreement, Aggreko may, at its option, do any one or more of the following: (i) terminate the Agreement; (ii) declare the entire rent immediately due and payable and commence legal action therefor; (iii) retake possession of the Equipment (without notice or legal process, enter upon Customer’s property and take all action reasonably necessary to repossess the Equipment) holding the Customer liable for all rental and other charges, or (iv) pursue any other remedies available by law, in equity or otherwise.
  11. INDEMNITY. Customer hereby releases Aggreko and shall indemnify and save harmless Aggreko from any and all actions, claims losses, costs and expense (including reasonable legal fees) suffered by Aggreko as a result of Customer failing to comply with the terms of this Agreement.
  12. ENTIRE AGREEMENT. Customer will be deemed to have accepted this Agreement upon signing any of the Aggreko documents referencing this Agreement or upon the transfer of custody of the Equipment to the carrier for delivery, whichever occurs first. This Agreement represents the entire agreement between the Customer and Aggreko and shall not be amended except in writing signed by both parties. This Agreement supersedes any purchase order or other Customer provisions or forms whether sent to or received prior, or subsequent to this Agreement.
  13. OTHER PROVISIONS. Time is of the essence. Customer shall not sublease, sub rent, assign or loan the Equipment or this Agreement. Any failure of Aggreko to insist upon strict performance by Customer of any terms and conditions of this Agreement shall not be construed as a waiver of ICS’s right to demand strict compliance. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta.