Rental of the fences and any other fence materials (“the fencing”) provided by Modu-Loc to the lessee is conditional upon the agreement of lessee to the following terms and conditions by Lessee:
Modu-Loc and lessee agree that the fencing,when delivered and installed, shall be in good condition and suitable for the purpose of delineating the perimeter of the site location or that portion thereof designated by lessee, subject only to any deficiencies noted by lessee in this Job Report. Modu-Loc shall correct any such deficiencies promptly. The fencing is delivered as described above and all agreement, representations and warranties on the part of Modu-Loc not set out herein, whether express or implied, are excluded. In particular, Modu-Loc is not responsible for any loss incurred by reason of late delivery of fencing or for failure to correct deficiencies in respect of the fencing delivered unless Modu-Loc fails to act reasonably promptly. Lessee will use the fencing provided only for the above purpose, at lessee’s sole risk and lessee is solely responsible for confirming that the fencing meets its requirements. Lessee will return the fencing in the same condition as it was when delivered by Modu-Loc, subject only to reasonable wear and tear from permitted use. Lessee shall reimburse Modu-Loc for any loss or damage which may occur before it is returned to Modu-Loc, including by reason of abuse, theft or damage caused by lessee or third parties. Modu-Loc shall remove and repair damaged fencing at lessee’s expense, and if fencing is damaged beyond repair (in the opinion of Modu-Loc, exercised reasonably), or if fencing is lost or stolen while leased to lessee, Modu-Loc shall replace such fencing at lessee’s expense.
Rental charges include delivery and pick-up of the fencing at the site location as well as installation by Modu-Loc personnel in accordance with Modu-Loc’s customary standards or any special instructions set out above. It does not include the cost of repair, replacement, cleaning or painting or unreasonably dirty or vandalized fencing, removal cartage or reinstallation of repaired or replaced fencing, such costs being for the account of the lessee.
Lessee indemnifies and holds harmless Modu-Loc and its officers, directors, employees and contractors from any loss or claim arising in respect of the fencing, its installation or use, including all losses incurred or claims made by any person for injury,loss of life or loss from damage to property, including reasonable legal costs of Modu-Loc, on a full indemnity basis. Lessee shall be responsible for ensuring reasonable work place safety at the site location and that the fencing is used for the intended purpose and is not abused or vandalized.
Rental and any other costs payable by lessee hereunder shall be invoiced to the lessee and are payable in full without set off. Any rental or other amounts not paid by lessee when due shall bear interest from the date of invoice until paid at the rate of 18% per annum. All costs of enforcing these terms and conditions shall be for the account of the lessee, including Modu-Loc’s reasonable legal costs, on a full indemnity basis. Any legal proceedings with respect to the fencing shall be conducted in the jurisdiction of the site location.