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 responsiblefor 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.