Rental Contract

I agree that no representative of Benchmark Rentals Inc. is authorized to make any promise, warranty, or representation to me other than those reflected in writing in the Agreement. I agree to the Terms & Conditions and understand that the Agreement cannot be modified or changed except in writing signed by both parties. With respect to equipment I am renting, I have received the equipment referenced in the Agreement. In the event that I am returning equipment, I acknowledge and agree that I am returning the listed rental equipment, the total charges are correct, and additional charges may apply if the equipment is returned damaged, needs cleaning, or refueling.

1.GENERAL RESPONSIBILITIES. This Rental Agreement (“Agreement”) is between Benchmark Rentals Inc. (“BenchmarkRentals”) and the customer identified on page 1 of this Agreement (“Customer” or “You”). The Benchmark Rentals will provide You the tool(s) identified on page 1 of this Agreement (the “Equipment”) “as is” and in good working condition for the time (“Rented Period”) and rental subtotal price identified on page 1 of this Agreement (“Rental Price”). You agree to return the Equipment prior to the expiration of the Rented Period, or to pay the additional ental fees described in Section 9 of this Agreement.

2. PHYSICAL CONDITION OF RENTAL EQUIPMENT You acknowledge that, prior to taking the Equipment, You examined it and saw it in operation (if appropriate). You acknowledge that the Equipment is in good working condition except for any defect noted in this Agreement. It is your responsibility to return the rented Equipment to Benchmark Rentals in the same working condition.

3. TITLE You agree that The Benchmark Rentals shall retain all right to ownership and title to the Equipment. You also agree that no ownership or title to the Equipment is transferred to You under this agreement, and You will do no act nor permit anyone else to do any act inconsistent with Benchmark Rentals ownership and title in the Equipment.

4. USE OF THE EQUIPMENT (a) You agree that You are satisfied with the instructions given by Benchmark Rentals as to the proper and safe manner of using the Equipment or that You told Benchmark Rentals that You are familiar with the proper and safe manner of using the Equipment. You further agree: (i) that the Equipment will be used at the designated address and only for the purpose for which the Equipment was manufactured and intended; (ii) to not sublease the Equipment; (iii) that You will keep the Equipment free and clear of all liens, charges and encumbrances; (iv) to use the Equipment only for its customary purpose and immediately discontinue use of the Equipment if it becomes unsafe and/or in a state of disrepair; (v) to use the Equipment in compliance with all applicable laws and regulations; (vi) to return the Equipment to Benchmark Rentals in as good order and condition as when received; (vii) that, as indicated on page 1 of this Agreement, You have taken and read all manuals, written operating instructions, and warnings as supplied for the Equipment or that You are already familiar with these instructions. (b) You further agree that You shall not: (i) alter or cover up any decal or insignia on the Equipment or remove any operational or safety instruction; (ii) use the Equipment in a negligent, illegal, unauthorized or abusive manner, or in any publication (print, audiovisual or electronic); or (iii) remove or utilize the Equipment outside of Canada.

5. RELEASE, INDEMNIFICATION AND WAIVER OF DAMAGES; RESPONSIBILITY FOR USE; NO WARRANTIES You are responsible for the use of the Equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, WAIVES AND HOLDS BENCHMARK RENTALS HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES (INCLUDING LEGAL FEES AND EXPENSES), LIABILITIES AND DAMAGES (INCLUDING PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS OPERATION OR USE, OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF BENCHMARK RENTALS OBLIGATIONS HEREIN. CUSTOMER’S INDEMNITY OBLIGATION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. Benchmark Rentals does not design or manufacture the Equipment and is not the agent of the manufacturer or any other supplier of the Equipment. YOU AGREE THAT NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE HAVE BEEN MADE BY BENCHMARK RENTALS IN CONNECTION WITH RESPECT TO THE EQUIPMENT RENTED. IN NO EVENT SHALL BENCHMARK RENTALS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT. You acknowledge acceptance of the Equipment on a “as is” and “where is” basis, with “all faults” and without any recourse whatsoever against Benchmark Rentals. IF ANY PART OF THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION, CUSTOMER AGREES THAT THIS CLAUSE SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT YOUR JURISDICTION OF RESIDENCE DOES NOT ALLOW (I) THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE EXCLUSION OR LIMITATION OF LIABILITY FOR BODILY INJURY (INCLUDING PERSONAL INJURY AND DEATH); OR (III) THE EXCLUSION OR LIMITATION OF DAMAGES CAUSED DIRECTLY BY A GROSS OR INTENTIONAL FAULT, SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.

6. RESPONSIBILITY FOR EQUIPMENT You are responsible for the Equipment from the time it is rented by You until it is returned. Your responsibility includes, but is not limited to, ensuring the proper oil levels are maintained and proper fuel or fuel/oil mix is used, if applicable. If the Equipment is lost, stolen, or damaged under any circumstances while rented, regardless of fault, You shall be responsible for all charges to replace or repair the Equipment including any labour costs. If the Equipment is not returned clean, a minimum cleaning charge of $25.00 will apply.

7. LOADING AND UNLOADING OF EQUIPMENT In the event that Benchmark Rentals employees assist in loading or unloading of the Equipment, You assume the risk of, and hold Benchmark Rentals harmless from any property damage or personal injuries in connection with loading and/or unloading the Equipment.

8. EQUIPMENT FAILURE AND REPAIR You agree to immediately discontinue the use of the Equipment should it become unsafe or in any state of disrepair, and You agree to notify Benchmark Rentals of the facts surrounding such occurrences. Benchmark Rentals may, in its sole discretion, make the Equipment operable within a reasonable time, or provide You with a similar piece of equipment, if available, or adjust the rental charges. This provision does not relieve You from the obligation imposed by other sections of this agreement. In all events, Benchmark Rentals shall not be responsible for any injury or damage, including consequential damage, resulting from the failure or defect of any rental Equipment.

9. RENTAL CHARGES; RETURN OF THE EQUIPMENT (a) The Equipment is rented to You subject to this Agreement for the Rental Price and for the Rented Period printed on page 1 of this Agreement. If the Equipment is rented to You on a monthly basis, a month is defined as being equal to (28) days. If You would like to extend the term of this rental beyond the time and date specified on the agreement under Date and Time Due In on page 1 of this Agreement, You must immediately notify Benchmark Rentals to obtain approval to extend this Agreement and the terms for such an extension. (b) If this Agreement has not been extended and You fail to return the Equipment when due, or You default on your obligations hereunder, You will incur and be charged an additional rental fee in the amount identified on page 1 of this Agreement on a weekly, recurring basis beginning on the 7th day following the end of the Rented Period (“Additional Rental Fees”) until either (i) the Equipment is returned, or (ii) or the maximum rental charge identified on page 1 of this Agreement at the time of rental has been recovered. In the event that there are 4 consecutive weekly unsuccessful charges of the Additional Rental Fees made to your credit card, Benchmark Rentals may take such steps as permitted by law to repossess the Equipment and/or be reimbursed the reasonable value of the of the Equipment based on the condition of the Equipment at the beginning of the Rented Period. In such event, You shall reimburse Benchmark Rentals for all costs incurred, including without limitation, reasonable legal fees. YOU EXPRESSLY AGREE AND HEREBY AUTHORIZE BENCHMARK RENTALS TO CHARGE TO YOUR CREDIT CARD ALL AMOUNTS SHOWN ON PAGE 1 OF THE AGREEMENT, AND ALL CHARGES SUBSEQUENTLY INCURRED BY YOU UNDER OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO THE EQUIPMENT, EXTENSION OF THE RENTED PERIOD, REPAIR COSTS, AND ANY CHARGES INCURRED FOR FAILURE TO TIMELY RETURN THE EQUIPMENT, INCLUDING ANY ADDITIONAL RENTAL FEES AND/OR EQUIPMENT REPLACEMENT FEES. To the extent permitted by law, You agree that an additional service charge of the lesser of (i) 1.5% per month (18% per annum), and (ii) the maximum rate permitted by law, shall be assessed on all delinquent accounts, until paid in full. You will not be permitted to rent any other equipment until your account is paid in full. If your payment towards the account is returned, denied, or otherwise unable to be processed, the balance due may be sent to a 3rd party collection agency. YOU HEREBY AGREE THAT YOU ARE NOT ENTITLED TO NOTICE OF DEFAULT OR NOTICE OF ANY ACTION OF ENFORCEMENT BY BENCHMARK RENTALS OTHER THAN WHAT IS EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT. Should Benchmark Rentals fail to meet any of its obligations under this Agreement, your only remedy is repair or replacement of deficient Equipment or to receive, at Benchmark Rentals option, a rental charge adjustment. (c) Notwithstanding any repossession of the Equipment by Benchmark Rentals and/or payment of the reasonable value of the Equipment as described above, You shall remain responsible for amounts due and unpaid by You to Benchmark Rentals under this Agreement, including any amount incurred by Benchmark Rentals as a result of, or in connection with, the repossession of the Equipment as provided for in this clause. You acknowledge Benchmark Rentals is entitled to take any or all of the action specified in clauses 9(a) and 9(b). Should you return the equipment sooner than the forecasted rental period, any excess payments taken will be returned to you via the same method as payment was taken.

10. EVENTS OF DEFAULT You acknowledge that You will be deemed to be in default under this Agreement if (i) You breach any term or provision of this Agreement, (ii) You permit a judgment against You to remain unpaid for a period of ten (10) days after the date of judgment, or (iii) any proceedings in bankruptcy, receivership or insolvency or for your reorganization or liquidation are commenced against You or your property.

11. EFFECT OF DEFAULT You agree if any of the above events of default occurs, all rent and other charges then and thereafter payable by You to Benchmark Rentals under this Agreement shall immediately accelerate and become due and payable to Benchmark Rentals without notice or demand to You. You shall immediately and at your sole expense return the Equipment to Benchmark Rentals as provided herein. Benchmark Rentals may take steps to secure return of the Equipment and/or the reasonable value of the Equipment as provided in Clause 8 of this agreement. You acknowledge that no waiver by or on behalf of Benchmark Rentals of any breach or default by You under this agreement shall be deemed a waiver of any future breach or default. No delay in exercising its rights shall constitute a waiver of any right or prejudice Benchmark Rentals exercise of any remedies in respect of any existing or future default.

12. COLLECTION COSTS You agree to pay legal fees, collection fees, court costs and any other expenses incurred in collecting any charges under this agreement, in repossessing the Equipment or otherwise enforcing the terms of this Agreement.

13. CHARGES ON CREDIT CARDS (a) You agree that Benchmark Rentals is authorized to add applicable additional rental and insurance charges and taxes and Benchmark Rentals charges and expenses of cleaning the Equipment, if any, and other amounts which may be or become due under this Agreement to the applicable credit card transaction record. You acknowledge that this right is in addition to any other rights of Benchmark Rentals under this Agreement or available to it at law. (b) You agree to the reservation of credit, by credit card issuer, up to the estimated charges due under this Agreement and authorize to process a credit card voucher, if applicable, for all charges due under this Agreement.

14. PAYMENT & DEPOSITS You will pay the Rental Price, without any offsets, in full at the time of return using a payment card approved by Benchmark Rentals (“Customer Card”). To the extent permitted by law, You must notify Benchmark Rentals in writing of any disputed amounts, including credit card charges, within four (4) days after the receipt of Benchmark Rentals rental contract/invoice, or You shall be deemed to have irrevocably waived Your right to dispute such amounts. You agree to pay the deposit identified on page 1 of this Agreement (“Deposit”), without any offsets, in full at the time of rental using a Customer Card. You acknowledge that Benchmark Rentals may apply the amounts of the Deposit to any amount owing to Benchmark Rentals. The Deposit will only be returned to You after all amounts payable to Benchmark Rentals are paid in full.

15. MODIFICATION OF AGREEMENT This constitutes the entire agreement between You and Benchmark Rentals, and You acknowledge that there is no collateral, oral, or other agreements outstanding. None of Benchmark Rentals rights may be changed and no extension of the term of this agreement may be made except in writing, signed by Benchmark Rentals and You, and made part of this agreement.

16. ASSIGNMENT You acknowledge that Benchmark Rentals may assign its rights under this agreement and transfer its title in Equipment without your prior written consent. You agree, however, not to sublet, loan or assign the Equipment.

17. DAMAGE WAIVER Damage Waiver is a service offered by Benchmark Rentals to cover repair or replacement charges if the Equipment rented by Benchmark Rentals is damaged during normal use. The charge for the Damage Waiver service is 15% of the total rental fee and will appear as a separate line item on the invoice. Damage Waiver is not insurance. Damage Waiver only covers the cost of repairs or replacement of the rented Equipment damaged during normal use of the Equipment. Damage Waiver does not cover the loss of or damage to the Equipment during transport or loss or damage caused by theft, abuse, misuse, neglect, intentional acts or failure to follow the instructions provided for proper use and care of the rented Equipment. You expressly acknowledge and agree that You will be responsible for all such repair or replacement cost.

18. ENGLISH LANGUAGE The parties hereto hereby acknowledge that they have required this Agreement and all related documents and notices to be drawn up in the English language. Les parties aux présentes reconnaissent voir requis que la présente convention et tous documents et avis connexes soient rédigés en langue anglaise.

19. REPAIR COST Customer agrees that an estimated “Repair Cost” shall be charged for equipment that is returned with damage due to abuse, misuse, neglect, intentional acts, and/or failure to follow the proper use and care instructions for the Equipment. The Repair Cost shall not exceed the fair market value of the tool. Customer acknowledges and agrees to pay the Repair Cost and authorizes Benchmark Rentals to charge the Repair Cost to the Customer Card.

20. NOTICES In compliance with your consent, or applicable law, or both, Benchmark Rentals may elect to send any notices to Customer by any means determined by Benchmark Rentals. If Customer has provided Benchmark Rentals with an email address, Benchmark Rentals may, in compliance with your consent, or applicable law, or both, send communications including notices to Customer by email and any such email notice by Benchmark Rentals shall be valid notice for purposes of this Agreement, subject to applicable law.

21. ALLOWABLE HOURS Any item that is equipped with an hour meter allows 8 hours per day, 40 hours per week, and 160 hours per month rental on single shift rates. Over hours will be charged if these limits are exceeded.

I hereby accept the optional damage protection offered by Benchmark Rentals, and have agreed to the 15% fee to cover this additional coverage.

I certify that I have read and agree to all terms of this contract.