Rental Agreement

When requested to perform a service, or when requested to rent of sell goods, Squire Rentals Inc. will consider it has a contract with the customer as indicated on the front hereof, the owner of the site at which the Service (the” Service”) is performed or equipment (the “Equipment”) delivered, as well as the person making such request (any and all of which are herein called the “Customer” to carry out the Service or deliver the Equipment subject to the following terms and conditions, notwithstanding the terms and conditions of purchase orders or job requests:

               CONTROL OF SITE

  1. The Customer shall at all times have complete care, custody, and control of the work site, well site and well, all equipment at the work site, well site, and well, including drilling and production equipment and the Equipment furnished by Squire Rentals Inc. hereunder, and the premises about the work site, well site and well.
  2. Customer agrees the Squire Rental Inc. shall not be liable for any damages to any property of Customer of any property upon which Customer is lawfully in occupation of whether or not said damage is caused by the sole negligence Squire Rentals Inc.
  3. Customer to hold harmless and to indemnify Squire Rentals Inc. against all persons for personal injuries or property damage caused by the Equipment whether or not caused by the sole negligence of Squire Rentals Inc.  Customer agrees to indemnify Squire Rentals Inc. and hold if free and harmless from all claims for sub surface damage or injury to the well, alleged to have been caused by Squire Rental Inc. negligence, whether such claims are by the Customer or by third parties.
  4. Customer agrees that there are many conditions within and associated with a well of which Squire Rentals Inc. can have no knowledge and over which it does not and cannot have control.  Therefore, Customer will not old Squire Rentals Inc. liable for the failure of the Equipment to perform in a particular way, or the failure to obtain any particular results from the use of the Equipment.
  5. Customer assumes all responsibility for the Equipment upon delivery to Customer, Customer’s agent or carrier and responsibility continues until the Equipment is returned to the care, custody and control of Squire Rental Inc.
  6. Customer agrees that upon delivery of the Equipment that Customer will inspect same and unless Squire Rentals Inc. is otherwise notified immediately upon delivery, it shall be conclusively deemed the Customer has chosen and inspected the Equipment, the  Equipment is as ordered and in good repair and condition and suitable for the purposes of  Customers, and Customer shall be precluded from asserting thereafter against Squire Rentals Inc. any claim, demand or action based upon the selection of the Equipment or its condition, durability of suitability for any particular use intended by Customer

               ACCEPTANCE.

            RENTAL TERM

     7.                Rental commences as per the Rental Start date shown on the front hereof and continues

until Equipment is returned to the care, custody and control of Squire Rentals Inc.

       TRANSPORTATION OF EQUIPMENT

     8.                Equipment shall only be transported on equipment designed for the proper and safe   transportation of the  Equipment by suitable insured transportation companies, with drivers experienced and knowledgeable in the  hauling of the Equipment

    9.  Squire Rentals Inc. reserves the right to transport Squire Rentals Inc. Equipment for delivery to or pick up from Customers work site or premises

10. Well site trailers shall only be transported on air-ride equipment specifically designed for the transportation of well site trailers, by suitably insured transportation companies, with drivers experienced and knowledgeable in the hauling of well site trailers.

EQUIPMENT, SERVICE & REAIRS 

11.   Squire Rentals Inc. furnishes rents and leases the Equipment to its Customers.  Squire Rentals Inc. ‘s only obligation with respect to the renting or leasing of the Equipment  is to deliver it to the Customer in good operating condition, and Squire Rentals Inc. shall have no liability for any consequential  damages including down time resulting form the operation of the Equipment

12. Equipment shall not be sublet nor assigned unless prior written approval is first obtained from Squire Rental Inc.

13. Customer shall return the Equipment to Squire Rentals Inc. at the end of the rental period in as good condition as when delivered, wear and tear from reasonable use accepted. All Equipment, parts or accessories lost or damaged beyond repair will by paid for by the Customer at the new replacement cost for such Equipment, parts or accessories.  All damaged Equipment which can be repaired will be repaired and the cost of such repairs will be paid by Customer.

14. After return of the Equipment to Squire Rentals Inc. by Customer, Squire Rentals Inc. will service and clean Equipment as necessary to return the Equipment to as good a condition as it was when it was delivered to Customer and Customer will pay Squire Rentals Inc. the cost of such service and cleaning.

15. Customer shall immediately notify Squire Rentals Inc of any accidents or damage to, or thefts or losses of or from the Equipment that occur

16. Customer will ensure that the Equipment is kept in good working order at all times, at Customer’s own expense and that all required cleaning, maintenance, repairs, and service is performed, using only authorized spare parts and qualified service personnel

17. Squire Rentals Inc. shall have the right from time to time to inspect the Equipment wherever it is located and for that purpose shall have the right of access to the Equipment and may enter upon any work site or premises where the Equipment is located, and may direct or cause to be done at the expense of the Customer, any repairs or maintenance with is the responsibility of the Customer to do.

18. Customer will ensure that the Equipment is used or operated only by properly trained employees who follow all operating, maintenance, and instruction manuals and guides provided by Squire Rentals Inc. or the manufacturer of such equipment

 

LIQUIDS/MATERIAL

19. The performance of Wastewater Treatment Systems’ Equipment is dependant on the nature of the influent, of which may be, from time to time subject to varying levels of toxicity (inappropriate cleaning products, poisons, solvents, caustics) and extraneous materials as Wastewater Treatment Systems has no control over the nature of the influent, Wastewater Treatment Systems can assume no responsibility for the nature of the effluent  All liquids/materials handled by Wastewater Treatment Systems’ Equipment (both influent and effluent) are the property of the Customer.

WARRANTIES

20 .Squire Rentals Inc. will not be liable for extra costs incurred, however caused, if such are the result of delays of Squire Rentals Enc. Equipment.

21. Squire Rentals Inc. does not warrant the fitness of the Equipment for any purpose and all implied warranties are hereby excluded.

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SEPARATE CONTRACTS

22. Each shipment of Equipment or provision of Services to which these terms and conditions apply shall constitute a separate contract.

CANCELLATION – RETURN EQUIPMENT

23. When Squire Rentals Inc. is unable to perform a job due to cancellation by Customer, customer will be charged for all time spent, in accordance with Squire Rentals Inc. published prices then in effect.

24. Any equipment returned will be subject to a restocking charge of 10% of their invoice price.

25. Upon completions or expiry of the rental or lease period, the Equipment shall be released and returned without delay to Squire Rentals Inc. at the location designated by Squire Rentals Inc.

26. In the event of non-payment of any rental payment or default of any other obligation of the Customer, Squire Rentals Inc. shall have the right to immediately retake possession of all or any of the Equipment without notice to Customer, and for that purpose be entitled to enter upon any premises occupied by Customer and to do all such things as may be reasonable necessary to retake possession, if placed with a lawyer or civil enforcement agency for collection. Customer shall pay in addition to the collected, lawyer’s or agent’s fees in the agreed amount 25% of the amount of the past due account of $200.00 whichever is the greater amount.

CREDIT

27. Should the credit of Customer,  in the judgment of Squire Rentals Inc become impaired, all terms and limits of credit granted may be changed and/or withdrawn by Squire Rentals Inc. who shall have the right to reduce the terms and limits of credit and/or require payment in advance before services are provided or shipment made.

28. Should Customer become bankrupt or insolvent or make an authorized assignment or go into liquidation or should proceedings be initiated for the purpose of having a receiving order or winding up order made against the Customer, then, and in any of such cases.

     28.1 Title to Equipment shall remain in Squire Rentals Inc. or Squire Rentals Inc. may rescind transfer of any title which shall be passed to Customer.                                

     28.2 Customer , shall at Squire Rentals Inc. request, shall return all or any part of Equipment to Squire Rentals Inc. freight prepaid, and

     28.3 Squire Rentals Inc. may wholly or partially terminate the contract by mailing notice to the Customer.

PRICES

  1. Invoiced charges shall be in accordance with Squire Rentals Inc. current published prices plus, Value Added Taxes, Sales Taxes and Education & Health Taxes and shall be payable at the offices of Squire Rentals Inc.
  2. Terms for  payment are net cash thirty days
  3. All account bear interest from the 31st day from the date of the invoice at the rate of 2% per month (24% per annum).
  4. All prices are exclusive of any Provincial, Special or Federal Sales or Excise taxes, Value Added or Goods and Services taxes.
  5. Prices are subject to change at any time without notice.
  6. The prices if squire Rentals Inc. price list apply to normal operations. On jobs requiring unusual mobilization of Equipment and/or personnel, such as blowouts, experimental jobs, etc., Squire Rentals Inc. reserves the right to negotiate prices higher than those published as Squire Rental Inc. prices then in effect.

 

NO SET-OFF

  1. Customer may not set-off against any rental payment or any other payments due to Squire Rentals Inc. hereunder, any past, present or future claims of Customer against Squire Rentals Inc. under this Agreement or otherwise.

 

FORCE MAJEURE

  1. Squire Rentals Inc. shall be excused from non-performance or delay in the case of force majeure including, but not limited to, strikes, lock-outs and other labour disputes, wars, riots, disturbance, fires, floods, earthquakes, government prohibition on delivery, and other like cause beyond the control of Squire Rentals Inc.

 

NON-WAIVER

  1. Failure to enforce any or all herein specified terms and conditions in any particular instance shall not constitute a continuing waiver, or preclude subsequent enforcement thereof.

 

SEVERABILITY

  1. If any provision of this Agreement is held by a court or agency of competent jurisdiction to be invalid or unenforceable, all other provisions hereof will remain in full force and effect.

 

PERMITS AND CODE COMPLIANCE

  1. Customer will obtain at its expense any permits, licenses, or approvals required by any federal, provincial, county, or municipal authority, regulation, code or ordinance regarding the installation or use of the Equipment.

 

NO CHANGES

40. These Terms and Conditions may not be varied except as expressly agreed by both Squire Rentals Inc. and Customer in writing, and shall be deemed to have been accepted by Customer upon Squire Rentals Inc. agreeing to provide Equipment or Services.

 

GOVERNING LAW

41. These terms and conditions and any contract to which these terms and conditions shall apply, shall be governed by and construed in accordance with the laws of the Province of Alberta and the parties irrevocably attorn to the jurisdiction of the Courts of Alberta

 TIME OF THE ESSENCE

42 Time is in all respects of the essence hereof.

LANGUAGE

43. The parties agree that this document is to be written in the English language.

SUCCESSORS AND ASSIGNS

44. Save as otherwise herein expressly provided, this Agreement ensures to the benefit of, and is binding upon the parties hereto, their respective heirs, executors, administrators, successor’s and assigns.

ENTIRETY OF AGREEMENT

45. This Agreement supersedes all prior oral or written representations, communications, or Agreements between the parties, and constitutes the final and entire understanding of the parties regarding the subject matter of the Agreement.

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