We do not offer any type of compensation for cost due to mechanical breakdown. We do offer the manufacturers' roadside assistance for our vehicles. As you can imagine our customers travel quite far from our Whitehorse location to some remote places, therefore if a vehicle breaks down due to mechanical failure then we will be responsible to get it back ourselves at our cost and we would provide you with a replacement vehicle as soon as possible here in Whitehorse. You would be responsible to get yourself back to Whitehorse or pay 50% of the cost to deliver a vehicle to you. I hope you can understand our position on this, Yukon is just too big to offer anything better. You can count on us to be honest and responsive to everything.
K & K Expediting Ltd. O/A K & K Truck Rentals (Lessor) hereby leases to Renter the vehicle described on the face of this Agreement upon the terms and conditions sei forth thereon and there under.
1. Renter shall pay Lessor on demand (a) a mileage charge computed at the rate specified for the mileage covered by the vehicle during the term of this rental (the mileage covered to be determined by reading the odometer attached to the vehicle) (b) time and special rental rate adjustment charges, at the rates specified for this rental, (c) applicable federal, provincial or municipal charges, (d) other charges specified on the face of this Agreement, (e) all fines, penalties, forfeitures and court costs imposed for parking, traffic or other legal violations arising from the use or operation of the vehicle during the term of this Agreement; (f) Lessor's cost, including attorney's fees, where permitted by law, incurred collecting payment due from Renter here under.
2. If the person signing this Agreement has directed the billing of charges here under to be transmitted to another person, firm or organization which, upon so being billed, has failed to make payment, then the person so signing shall, upon demand, promptly pay said charges and all other monies which may be due by reason of this Agreement.
3. The vehicle shall be returned to Lessor on the return date indicated by the renter at the time the agreement is processed, or sooner, upon demand of Lessor. Renter shall return the vehicle, together with all tires, tools, accessories and equipment in the same condition as when received, ordinary wear and tear excepted.
4. Renter acknowledges that the vehicle is the rightful property of Lessor and that it was received in good and safe operating condition. Lessor has made no warranties or undertakings, expressed or implied, except as stated herein.
5. Renter agrees that the vehicle shall not be used, operated or driven
(a) for the transportation of property for hire, unless Renter, at Renter's own cost, shall obtain all necessary governmental approvals, permits, licenses and authority therefor;
(b) outside the province in which the vehicle is rented except as specified on the face of this Agreement and unless Renter, at Renter's sole cost, shall pay all fees, taxes, licenses and other charges and shall secure all permits and authority imposed or required by any other province or political division thereof, by reason of use or operation of said vehicle therein.
6. Renter agrees that the vehicle shall not be used, operated or driven
(a) for the transportation of persons for hire, to carry persons other than drivers or helpers within the interior of the cab, nor in numbers in excess of the seating capacity thereof:
(b) in violation of any general or local law, ordinance, rule, or regulation;
(c) by any person in violation of law as to age or by, any person who has given to Lessor a fictitious name or false age or address;
(d) in any race, speed test or contest;
(e) by any person while under the influence of intoxicants, narcotics, barbiturates or with impaired faculties;
(f) to transport a weight which is either in excess of the maximum weight limit specified or improperly loaded or secured;
(g) as a trailer except when attached to a towing vehicle owned by the Lessor;
(h) to tow any trailer or any vehicle used as a trailer unless the vehicle rented here under is a vehicle equipped for such towing;
(i) for the transportation of any property which is explosive, retroactive or inflammable (other than petroleum products used in the operation of the vehicle) or any otherwise hazardous property; U) by any person except
(i) Renter;
(ii) a qualified licensed driver with Renter's prior permission;
(iii) Renter's employer;
(iv) an employee of Renter in the course of such employee's regular and usual employment by Renter; or
(v) any partner of executive officer of Renter. The foregoing restrictions are cumulative and each of them shall apply to every use, operation or driving of said vehicle.
7. Renter is responsible for and will reimburse Lessor on demand for collision damage to the vehicle or the tires, tools, accessories and equipment thereon; provided, however, that Renter's liability for collision damage only (a) shall not exceed the figure set out opposite "Amount Deductible' on the face of this Agreement, or (b) shall be waived in its entirety by Lessor if Renter has purchased in advance the Collision Damage Waiver as evidenced by his initials in the space provided on the face of this Agreement. However, Renter shall in any event be fully liable to Lessor for all collision damage (a) caused by failure of the vehicle to clear low trees, bridges or other objects, or (b) sustained while the vehicle has been used, operated or driven in violation of any of the provision of this Agreement, or (c) caused by striking of immobile objects such as posts or loading platforms and shall include improper overloading of the vehicle.
8. Lessor shall not be liable for loss of or damage to any property left stored, transported or trailered by Renter or any other person in or upon said vehicle either before or after return thereof to Lessor. Renter hereby assumes all risks of such loss or damage and waives all claims against Lessor by reason thereof, and Renter hereby agrees to hold Lessor harmless from and to defend and indemnify Lessor or its insurer for any damage or liability to third parties arising from the loading or unloading of the vehicle.
9. Renter participates as an insured in the benefits of an automobile insurance policy of the Lessor covering bodily injury and property damage. Such insurance has coverage equal to or in excess of statutory requirements for bodily injury and property damage insurance. It is a requirement of said insurance that Renter or the driver of the vehicle must immediately after any accident, but in any event within 24 hours after the accident, report the same to the local police and to Lessor at the location where the vehicle was delivered to Renter, and must immediately deliver to the Lessor at the location every process, pleading or paper of any kind relating to any claim, demand, suit or proceeding received by Renter or the driver. Said insurance further requires that Renter and the driver shall refrain from aiding or abetting the assertion of any claim and shall cooperate with Lessor and its insurer in the investigation and defense of any claim or suit. Said insurance does not apply to (a) any obligation for which Renter or the driver of said vehicle or injury to or destruction of property owned by, rented to, in charge of or transported by Renter or the driver, or (b) any liability with respect to bodily injury, sickness, death, or damage to property caused while said vehicle is being operated or driven in violation of any of the provisions of paragraph 6 of this Agreement. In provinces where permitted by law or regulation (and to the extent so permitted), the liability coverage described above may be afforded, subject to the same terms, conditions, restrictions and limitations hereinbefore described, under a bond, or by self-insurance or similar arrangement, in lieu of or in combination with such insurance of Lessor.
10. If Renter does not return the vehicle within 72 hours of the return date specified on the face of this Agreement, or notify Lessor of the location of said vehicle, the Lessor may presume that Renter withholds said vehicle illegally.
11. The provisions contained in this agreement shall apply equally to any substitute vehicle.
12. If said vehicle is left elsewhere without Lessor's written consent Renter must pay a fee double to lessor's current rate per kilometer for such vehicle plus a minimum charge of $250.00.
13. Unauthorized use of vehicle by employees of Renter and/or agents is forbidden.
14. No right of Lessor under this Agreement may be viewed except by a written instrument duly signed by the President and Secretary of Lessor.
15. Renter to see that all fluids, including antifreeze in winter months, are properly maintained at all times. Regular service is required at 12000 km intervals, at renter's expense.
Any date changes must be made 48 hours in advance and are subject to availability, rate changes may also apply. Cancellations made 48 hours prior to pickup are free, less than 48 hours will be charged a $100.00 cancellation fee. No show rentals will not be refunded or credited. Late vehicle returns may be subject to additional fees.
Alaska travellers please note roadside assistance is not available in Alaska. Traveling into Alaska is done at the renters own risk, in the unlikely event of a mechanical failure it will be the renters responsibility to have the vehicle towed to the Canadian side of the border.
* Parking Fines: All unpaid parking fines are subject to $50.00 fee.
* Fuel: Refueling Can Be Provided at a Cost of $4.00/liter, Deisel Exhaust Fluid Is $2.50/liter
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