Terms & Services

Confidential Credit Application and Agreement

This agreement governs all Sales, Rentals, Repair Service and Leases to the Applicant of The Company products and services by The Company to the Applicant. The Applicant hereby agrees as follows:

1. Applicant has authority to enter into this agreement. Any person signing it on the Applicant’s behalf has been duly authorized to execute agreements for the Applicant.
2. The information given in this Application and Agreement is warranted to be true, complete and correct and given for the purpose of obtaining credit. Such information is not incomplete by omitting to state any material facts necessary to make such information not misleading.
3. The Terms and Conditions of this Agreement may not be amended, supplemented or otherwise altered without the written
   consent of The Company’s National Credit Manager.
4. Any amount due from the Applicant to The Company is due and payable upon receipt of invoice.
5. Accounts not paid by the due date are subject to an interest charge from the date of maturity at the rate of 26.82% per annum. Disputes on Invoices or Pricing must be made in writing to The Company within 30 days of the date of the invoice.
6. Returned Payments will be subject to a $35.00 service charge.
7. Failure to comply with these Terms and Conditions may result in cancellation of credit privileges without notice.
8. Applicant will reimburse The Company for all cost incurred in collecting any unpaid amounts including, but not limited to, legal fees and court costs on a solicitor/client basis, costs for seizure and sale of property and costs of the retrieval or repossession of The Company property and enforcement of any other rights and remedies of The Company.
9. The Applicant consents to the obtaining of credit and or personal information as may be required in connection with the credit hereby applied for or any renewal or extension thereof and to the disclosure of any trade information concerning the Applicant to any credit reporting agency or to any person with whom the Applicant has or proposed to have financial relations.
10. The Applicant hereby grants to The Company a Security Interest in all goods supplied to the Applicant and over all of the Applicant’s Present and After Acquired Personal Property and Assets as Security for the payment and performance of all obligations of the Applicant to The Company.
11. In Quebec, The Applicant, as of this date, grants in favour of The Company as security for the outstanding indebtedness of any money owed to The Company and in order to ensure the fulfilment of all the obligations resulting from said indebtedness, a universal movable hypothec to the extent of the sum of $50,000 on all of its present and future movable property such as on all the equipment, machinery, fixtures, furniture, inventory, accounts receivables and/or any present or future movable property the Applicant may own.
12. The Applicant hereby waives its right to receive any financing statement or verification statement relating to any registration of the security interest or of the universal movable hypothec in Quebec herein.
13. The Applicant agrees that this application and agreement shall be governed by the laws of Canada and/or its Provinces.
14. The Applicant and Co-Applicant shall be jointly and severally (solidarily in Quebec) liable for this account.
15. The parties have expressly requested that the present agreement and supporting documents and/or correspondence and notices be drafted in the English language. Les parties ont expressément requis que la présente entente, toute autre entente ancillaire et correspondance et avis soient rédigées en anglais.

 TEN Canada Ltd. Standard Rental Terms and Conditions 

All Rental Agreements or Lease Contract entered into are subject to and incorporate these Standard Rental Terms and Conditions. The Renter  acknowledges having received and read these Standard Rental Terms and Conditions and agrees to be bound by them as part of and in  conjunction with every Rental Agreement or Lease Contract entered into. 

1. Definitions. 
   1. “The Company” means and includes TEN Canada Ltd. – previously known as TIP Fleet Services Canada Ltd., Trailer Wizards  Ltd., and Train Trailer Rentals Ltd. – and any successor and assignees thereof. 
   2. “Renter” means applicant, co-applicant, account holder, co-account holder, customer, Lessee, its agents, successors or  assigns. 
   3. “SRTC” means Standard Rental Terms and Conditions. 
   4. “Trailer” means the equipment specified in a Rental Agreement or Lease Contract together with all present or after acquired  replacement parts and equipment, accessories and additions attached thereto or used in conjunction therewith. 
   5. “Account Agreements” means Applicant’s and Co-Applicant’s Confidential Credit Application & Agreement, Credit Terms, Co Applicant Terms, Rental Agreements, Lease Contract, Lease Schedules and Customer Rate Agreement. 
2. Right of possession and use. The Renter does not acquire any right, title, equity or interest in or to the Trailer, except the right of  possession and use of the Trailer, provided the Renter is not in default of the Account Agreements. The Renter may not claim or attempt  to claim any capital cost allowance or depreciation in respect of the Trailer. 
3. Transportation to Mexico Prohibited. The Trailer may only be used in the Continental United States and Canada. Equipment is specifically  prohibited from being used in Mexico. 
4. Licenses and permits. The Trailer is validly licensed for the jurisdiction within which delivery to the Renter occurs. The Renter shall be  responsible for all additional licenses, permits or other certificates as may be required by law whether, Federal, Provincial, Municipal or  otherwise, for the lawful operation of the Trailer in any Province or State in which it may be operated. Renter will not operate the Trailer  if not sufficiently permitted. The Renter shall name The Company the owner of the Trailer in any application for any license, permit or  other certificate. 
5. Assignment. The Company shall have the right to assign any or all of its rights, obligations, title and interests under this agreement, and  its obligation for notice to Renter is limited to written notification to the Renter. Renter shall pay all rent and other amounts due under  the Account Agreements to such specified assignee or as instructed by The Company. Any assignee shall have all rights and remedies  possessed by or available to The Company as if no such assignment had occurred.
   The Renter may not assign any of its rights under the Account Agreements. 
6. Safety compliance. The Company advises that at the time the Rental Agreement is produced, the Trailer is in compliance with the safety  and equipment standards specified by applicable federal, provincial or municipal laws or regulations, and has a valid Inspection decal. 
7. Risk. From the time of delivery of the Trailer into the care and control of the Renter, the Renter will bear all risk of loss, damage, theft,  disappearance or destruction to or of the Trailer from any cause whatsoever. 
8. Inspections. The Renter is obligated to inspect each and every Trailer rented from The Company confirming that the Trailer is in  satisfactory condition, and noting any damage on the Rental Agreement at the inception of the rental period. If no damage has been  listed on the Rental Agreement, such damage shall be Renter’s responsibility.
   The Renter is responsible to perform all pre-trip inspections, according to the provisions of the Commercial Vehicle Safety Alliance  standard, and do all adjustments on the Trailer including but not limited to, maintaining the oil level on all axels, repairing any flat,  damaged, or worn tires, maintaining all tire pressures at recommended levels, checking and adjusting brakes and connections thereto,  checking lights and reflectors, wheels and fasteners, the fifth wheel, suspensions, springs, air bags and controlling attachments, towing  and coupling devises, and in respect to any refrigeration units in addition to the aforesaid, checking the thermostat to ensure functionality  and proper temperature setting, the refrigerant compression gauge, the anti-freeze level, the water level, the engine oil, and maintaining  sufficient fuel for continued operation.
   The Renter shall, unless the agreement of The Company to do otherwise is obtained, deliver the Trailer to The Company designated  inspection facility at the Renter’s expense sufficiently prior to any existing valid inspection decal expiring to allow The Company to perform  any necessary inspections, and in the event the Trailer is in a condition such that repairs and alterations are necessary in order for it to  pass any applicable inspection and be certified, the Renter shall pay to The Company all charges in respect to work done and material  supplied in order to put the Trailer into a condition whereby it is in a condition to pass all required inspections and receive all necessary  certifications.
   The Company shall have the right at all reasonable times to inspect the Trailer and any parts thereof and any documents relating thereto  to determine the condition of the Trailer and to determine whether the Renter has breached any covenant or condition of the Rental  Agreement and the SRTC. The Renter hereby grants Right of Access to the Trailer at any location and time for this or any other purpose. 
9. Return condition and location. The Renter shall return the Trailer, at the direction of The Company but at the Renter’s expense on the  expiration or termination of the Rental Agreement to the location noted in the Rental Agreement in the same condition and state of  repairs as the Trailer was when delivered to the Renter, except for ordinary wear and tear. The Renter shall return the Trailer to The  Company by the end of the noted Term or sooner if the Account Agreements are terminated for any reason by The Company. If Renter  remains in possession of Trailers after expiration of the Rental Agreement, all provisions of this Agreement shall continue to apply thereto and rental payments and other amounts owing hereunder shall continue to be payable until surrender of the Trailers. Nothing herein  shall have the effect of extending or renewing the term of the Rental Agreement without the written consent of The Company. 
10. Extraordinary wear and tear. The Renter is responsible for all damage to the Trailer and for any wear and tear beyond ordinary wear and  tear, or wear and tear due to the Renter’s negligence in the operation of the Trailer due to overloading or other abuse. 
11. Loss, damage or destruction. In all circumstances, from the time of the delivery of the Trailer, the Renter will bear all risk of loss and  assumes full responsibility to repair or compensate The Company in the event of loss, damage, theft, disappearance or destruction to or  of the Trailer from any cause whatsoever, notwithstanding any “no fault” insurance system in place in the Renter’s jurisdiction. The  Renter, is responsible to immediately give notice to The Company of such loss, damage, theft, disappearance or destruction, and  thereafter The Company may cause the Trailer to be repaired or replaced with an equivalent Trailer at the Renter’s expense, or be  purchased by the Renter for Fair Market Value (FMV), at its sole discretion. Renter is obligated to indemnify The Company for any resulting  loss and/or expense, make all payments under the Account Agreements until such loss is paid in full. 
12. Indemnities. Notwithstanding any other provision of the Account Agreements, the Renter assumes liability and specifically indemnifies  The Company and agrees to hold The Company harmless against all claims, losses, costs, fines, transgressions, defaults, penalties,  forfeitures incurred, suffered or asserted against The Company for damages or expenses of any nature or kind, caused directly or  indirectly by the Trailer or the use, ownership and maintenance thereof, that The Company may sustain, suffer, pay or incur because of: 
    1. loss of or damage to the Trailer because of collision, fire, hail, lightening, theft, vandalism, flood, windstorm, explosion, marine,  general average, other casualty, war, insurrection, or terrorism; 
    2. damage to property including cargo of any third person as a result in whole or in part of the use or condition of the Trailer while  in the custody, possession or control of the Renter including strict liability in tort or in civil responsibility; 
    3. death or injury to any third person as a result in whole or in part of the use or condition of the Trailer while in the custody,  possession or control of the Renter; 
    4. loss or expense as a result of the failure of the Renter to maintain the Trailer as agreed; 
    5. loss of business or other damages whatsoever and howsoever caused; 
    6. any impairment or pollution of or damage to the environment caused by or arising from the installation, use,  operation, maintenance or lack thereof, misuse or over-use of Trailers or due to or arising from any failure by  Renter to comply with or any act by Renter in violation of any term, condition or restriction of any license, permit,  consent or similar document issued in respect of Trailers or the operation thereof; 
    7. Any default, whatsoever, under the Rental Agreement or these SRTC.

       The indemnities provided by the Renter to The Company under a Rental Agreement and these SRTC shall survive and continue in full  force and effect after termination of the Rental Agreement, in whole or in part, whether by passage of time or otherwise.

13. Insurance. Coverage for non-owned Trailer for Liability, Loss and Physical Damage - Renter shall at its own expense place and maintain  with insurers acceptable (for notably, the loss of, and physical damage to, the Trailer as well as liability caused directly or indirectly by  the Trailer or the use on condition thereof satisfactory to The Company) to The Company:
    (a) Comprehensive first party all risks insurance on the Trailers for the greater of its full replacement value or the full return The  Company is anticipated to make on this Agreement should all payments owing hereunder be made by the Renter to The Company to  term (the “The Company Return”). Such insurance shall include: (i) The Company as a named insured; (ii) a loss payable clause in favor  of The Company; and (iii) a waiver of subrogation clause in favor of The Company; and
    (b) Comprehensive general public liability and property damage insurance with limits of liability at least equal to $3,000,000 or such  greater amounts as The Company may require. Such insurance shall: (i) extend to all liabilities of Renter under this Rental Agreement  arising out of its use or possession of Trailers; (ii) include The Company as a named insured; and (iii) include a cross liability provision  which insures each person insured thereunder in the same manner as to the same extent as if a separate policy had been issued to  each. Any vehicle insurance shall also include a “Permission to Rent or Lease Endorsement” in favor of Renter.
    All insurance policies shall commence from the delivery of the Trailers into the care and control of the Renter and cover The Company  and Renter as their respective interests appear and shall contain endorsements providing that: (a) 30 days’ written notice shall be  given to The Company before the policy lapses or is materially altered or cancelled; (b) the insurance shall be primary and not  contributory; (c) The Company’s coverage and interest as a named insured shall not be invalidated or otherwise adversely affected by  any act, neglect, omission or misrepresentation, deliberate, negligent or otherwise, of Renter or its agents, servants or employees; (d)  The Company shall not be responsible for payment of any premiums; and (e) The Company may elect to have all proceeds of loss  payable only to itself.
    Renter shall supply The Company with certified copies of all insurance policies, endorsements or other evidence of the required  coverage satisfactory to The Company within 30 days of the delivery of the Trailer into the care and control of the Renter and on request,  which insurance policies, endorsements or certificates shall evidence insurance coverage which must respond to claims, liabilities and  loss assumed by the Renter under the Account Agreements.
    In the event of damage amounting to loss of the Trailers, this Rental Agreement respecting such Trailer(s) shall be deemed to have  terminated and The Company shall be entitled to receive immediate payment of The Company’s Return and may retain from the  insurance proceeds an amount equal thereto, the Renter remaining liable for any deficiency. 
14. Physical damage waiver. (A Physical Damage Waiver is not insurance). A Physical Damage waiver fee applies at the inception of all  rental agreements unless the Renter has produced a valid certificate of insurance evidencing Physical Damage coverage satisfactory to  The Company at the time of the rental, noting The Company as loss payee, which must be kept in full force and effect during the entire  rental period.
    The paid Physical Damage Waiver fee will release the Renter from all costs exceeding three thousand dollars ($3,000.00) per occurrence  per unit in respect to loss or physical damage caused to the Trailer, save and except for loss or damage arising from any breach of the  conditions referred to in these SRTC and only. Nor does the waiver cover towing or storage of the unit by 3rd parties.
    It is understood and agreed that the Physical Damage Waiver shall not be applicable in cases of neglect, willful damage, or single vehicle  incidents by the Renter. The Company at its sole discretion, may either revise the fee for the Physical Damage waiver or cancel the  Physical Damage waiver, provided The Company has given the Renter ten days (10) prior notice of its intention to either revise the fee or  cancel the waiver.
    It is understood and agreed that the Physical Damage waiver referred to herein shall be void and have no effect and not be binding upon  The Company unless any damage which the Trailer suffered is reported to The Company in writing within seventy two hours (72) of the  damage occurring, and the Renter has provided any documentation required by The Company and otherwise co-operates with the  requirements of The Company in respect to the investigation of any action connected with recovering compensation for such damage.
    It is understood and agreed that the Physical Damage waiver referred to herein does not in any way apply to liability insurance coverage. 
15. Representations or warranties. The Company makes no representation or warranty of any nature or kind with respect to any Trailer  rented to the Renter expressed or implied, its condition, design, durability, operation, suitability or fitness for the use intended by the  Renter merchantability, its freedom from liens and encumbrances, The Company’s good title thereto, nor as to any other matter or thing  whatsoever, and the Renter confirms and acknowledges that it has not relied upon any representation or warranty.
16. Payments. The Renter shall unconditionally and without set-off or compensation pay the rent stipulated in any Rental Agreement even if the Trailer does not operate as intended by the Renter, operates or performs in a manner that otherwise would constitute a fundamental  breach of contract, or is unacceptable for any other reason whatsoever, and pay: 
    1. rent at the rate prescribed in The Company’s Customer Rate Record as advised to the Renter and as amended from time to  time; 
    2. Renter is obligated to indemnify The Company for the loss and make all payments under the Account Agreements until the loss  is paid in full; 
    3. in cases of loss, damage, theft, disappearance or destruction to or of the Trailer; 
    4. all charges including but not limited to estimated or actual mileage charges, estimated or actual hourly reefer or heater usage  charges, and Physical Damage waiver charges; 
    5. all taxes levied against or based upon the amount of rent and other charges to be paid, which taxes include all taxes, charges  and fees, save and except income taxes; 
    6. all costs and expenses including legal fees and disbursements on a solicitor/client basis, full indemnity basis incurred by The  Company in enforcing any of the terms, covenants, and indemnities provided herein or establishing a default of the Rental  Agreement by the Renter; 
    7. Interest at the rate of 26.82% per annum calculated on all amounts which are due to The Company and which remain unpaid. 
17. Operation and usage of Trailer. The renter acknowledges that it has relied on its own knowledge, experience and expertise in renting  any trailer. The Renter must operate, use and maintain the Trailer at all times and maintain all records, logs and other materials in  conformity with all applicable laws, orders, rules, regulations and directives of any government department, board, or regulatory authority.
    The Renter must not use or operate the Trailer or permit the Trailer to be used or operated illegally or for any illegal purpose or contrary  to any applicable law, regulation, order, rule or directive of any governmental department, board or regulatory authority or contrary to any  terms of any insurance policy in force in connection with the Trailer, or in any way other than in a careful and prudent manner.
    The Renter must not permit the Trailer to be operated or towed by any person other than the Renter, its agents and employees, each of  whom the Renter warrants to be a careful and dependable operator, having all necessary currently valid licenses and permits to operate  the Trailer and the power equipment used in connection therewith as required by law.
    The Renter shall not transport, load or store in or on the Trailer any medical, hazardous, infectious, explosive, radioactive, corrosive waste  or materials, or poison gases, Cannabis hereinafter referred to as Hazardous Materials. In the event that The Company determines that  the Renter has used the Trailer for such purposes, the Renter is responsible for all costs associated with cleaning and decontaminating  the Trailer and any other impacted property, whether or not the Renter chooses to undertake this responsibility directly or The Company  engages to have it performed. In either case the clean-up is to be conducted in a timely manner and be documented to The Company’s  satisfaction.
    In addition to the above, The Company may in its sole and absolute discretion require the Renter to purchase the Trailer at fair market  value, which amount is a genuine pre-estimate of loss and damage suffered by The Company as a result of its having to replace the  Trailer so used, and not as a penalty. 
18. Sub-rent. The Renter must not without the prior written consent of The Company sublet or otherwise relinquish possession of the Trailer  or any part thereof except for required or scheduled maintenance or as otherwise permitted pursuant to the Rental Agreement and the  SRTC. 
19. Further acts. The Renter agrees to execute all such further documents and do all such further acts and things as The Company may  reasonably require for the purpose of registering this Rental Agreement at any registry or office of any Government department, board or  authority, domestic or foreign so as to evidence and protect the interest of The Company. 
20. Notice period. The Renter agrees to provide at least 30 days prior written notice of its intention to change its name, or enter into any  amalgamation, merger, or other corporate proceedings or continue into another jurisdiction. 
21. Events of default. The following shall constitute default under the Rental Agreement and under these SRTC: 
    1. the Renter fails to make any rent payment or other payment required when due; 
    2. the Renter fails to perform or observe any covenant, condition or agreement to be performed or observed as required by the  Account Agreements and these SRTC; 
    3. the Renter purports to sell, assign, transfer, sublet, pledge, hypothecate, mortgage, charge or create a security interest in, or  otherwise suffer a lien, encumbrance or other adverse claim of any kind, upon or against any interest in the Rental Agreement or the Trailer without The Company’s prior written consent;
    4. the Renter agrees to keep the Trailer free and clear of all seizures, forfeitures, confiscations, liens, claims, privileges, debts,  taxes, charges, pledges, security interests, hypothecs, encumbrances or adverse claims of any nature or kindwhatsoever; e. Any insurance coverage required to be obtained and maintained by Renter hereunder shall lapse, expire, be reduced or be  cancelled; 
    5. the Renter ceases to be in possession of the Trailer save and except if the Trailer is parked at the premise of a customer of the  Renter for the purpose of loading, unloading or de-stuffing; 
    6. the Renter becomes insolvent, bankrupt or makes an assignment for the benefit of creditors, or consents to the appointment  of a Trustee or Receiver, or if a Trustee or Receiver of the Renter is appointed, or if bankruptcy, reorganization, liquidation or  insolvency proceedings are instituted against the Renter, or at its instigation; 
    7. if the Trailer or any material part thereof is seized under any legal process, confiscated, sequestered, attached, or distress is  levied thereon; 
    8. if the Renter suffers the loss or suspension of any license, permit, or other operating authority required for the operation of its  business or any part thereof, affecting the use of the Trailer; 
    9. if The Company in good faith believes there are reasonable commercial grounds to consider itself insecure, or that the prospect  of payment or performance by the Renter under the Rental Agreement is about to be impaired or that the Trailer is about to be  placed in jeopardy. 
    10. A Default under this Rental Agreement shall be deemed a default under all other present and future agreements entered into  between Renter and The Company or any affiliate of The Company. 
22. Default recourse. In the event of any default by the Renter under the Rental Agreement or these SRTC, The Company may at its sole  discretion elect to do any of the following: 
    1. Declare this Rental Agreement to be in default (with or without terminating this Rental Agreement) whereupon all obligations of  the Renter under any Account Agreements shall be immediately due, payable and enforceable without any notice or demand  whatsoever; 
    2. take possession of the Trailer, and for that purpose enter any premise where the Trailer is located, and may sell, lease or  otherwise dispose of the Trailer, by public or private means, and upon such terms and consideration as The Company may  accept, and the Renter hereby waives and agrees not to make any claim for damages arising from or connected in anyway with  such retaking of possession; 
    3. irrevocably appoint itself agent and attorney for the Renter and without terminating or being deemed to have terminated this  Rental Agreement take possession of the Trailer and proceed to rent the Trailer to any other person, firm or corporation on such  terms and conditions, and for such rental, and for such period of time as The Company may deem fit, and receive such rent  and hold the same and apply the same against any monies expressed to be payable from time to time by theRenter; 
    4. terminate this Rental Agreement, and by written notice to the Renter require the Renter to forthwith pay to The Company on the  date specified in such notice, as a genuine pre-estimate of liquidated damages for loss of opportunity, and not as a penalty, the  aggregate value of all unpaid amounts due hereunder, and the present value of the remaining amounts due under the Rental Agreement, calculated by discounting such amounts at the current prime rate of interest per annum, less the net amount received by The Company on any sale, lease or other disposition of the Trailer, after deducting all costs and expenses including legal fees  and disbursements based on a solicitor client basis.
       The remedies referred to in this clause are not exclusive but are cumulative and are in addition to and not in substitution for any other  remedies referred to in the Rental Agreement or the SRTC or otherwise available to The Company at law or in equity.
23. Claims for loss or damage. The Company shall not be liable for loss or damage to any property left stored or loaded in the Trailer, or  transported in or upon the Trailer, and the Renter does hereby expressly waive all claims or demands for any such loss or damage,  including but not limited to, loss of profits or other alleged consequential loss or damage, which it may have had against The Company  and the Renter shall hold The Company harmless against any and all such claims and demands that could be filed by third parties.
    If a claim is made against The Company or its insurer arising out of the use and operation of a Trailer by the Renter, the Renter shall  cooperate in the defense of such claim or claims by providing written reports from its servants or agents pertaining to such claims and  otherwise aid in the defense of such claims as may be reasonably required by The Company and its insurer and the Renter’s insurer. 
24. Time. Time is of the essence with respect to a Rental Agreement and the failure of The Company to insist upon strict performance of any  of the terms and conditions of the Rental Agreement or these SRTC shall not be deemed a waiver of any rights or remedies that The  Company may have, and shall not be deemed a waiver for any subsequent breach or default of any such term or condition. No waiver by  The Company of any of its rights pursuant to a Rental Agreement or the SRTC shall be effective unless it is in writing signed by The  Company’s National Credit Manager. 
25. Validity. If any provision of the Rental Agreement or these SRTC is unenforceable or invalid for any reason whatsoever, such  unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of the Rental Agreement or the SRTC,  and such invalid provisions shall be severed from the remainder of the Rental Agreement or these SRTC. In the event that the provisions  of the Rental Agreement or these SRTC are invalid in a jurisdiction, but valid in another jurisdiction, the invalidity in a jurisdiction shall  not in any way negate or void the validity in any other jurisdiction. 
26. Words. Words importing numbers shall be deemed to include a greater or lesser number as the contexts so requires, and words importing  gender shall be deemed to include the other gender, or the body corporate or politic, and words importing the body corporate shall be  deemed to include the body personal of either gender.
27. Joint and several. In the event that a Rental Agreement is executed by two or more persons as Renters, guarantors or covenanters, the  covenants and the agreements on the part of the Renter contained in the Rental Agreement and these SRTC shall be deemed to be joint  and several (solidarily in Quebec) covenants. 
28. Notification rights. The Renter waives all rights to receive from The Company a copy of any Financing Statement, or Financing Change  Statements, or other equivalent filings or registrations which may be filed at any time in respect of the Rental Agreement. 
29. Entire agreement. The Rental Agreement, Terms and Conditions of Credit, and these SRTC contain the entire agreement between the  parties pertaining to the subject matter of the Rental Agreement. No agreements, representations or understanding not specifically  contained in the Rental Agreement, or specified in these SRTC, shall be binding upon any of the parties of the Rental Agreement unless  in writing and signed for The Company by the National Credit Manager.
    The terms of a Rental Agreement and these SRTC shall be binding upon and endure to the benefit of the parties hereto and their  respective personal representatives, heirs, successors, executors and permitted assigns as the case may be.
30. Authorization. The Renter acknowledges and agrees that persons taking possession of a Trailer on the Renter’s behalf are authorized  to execute a Rental Agreement in respect to each Trailer. 
31. English/French. The parties have expressly requested that the present SRTC and supporting documents and/or correspondence and  notices be drafted in the English language. Les parties ont expressément requis que le présent SRTC, toute autre entente ancillaire et  correspondance et avis soient rédigés en anglais.

APPENDIX 1

NORMAL WEAR SCHEDULE

This Normal Wear Schedule forms an integral part of Standard Rental Terms and Conditions signed between Lessee and TEN Canada Ltd.

STRUCTURAL WEAR (GENERAL)

• Minor dents and scratches in the sides, rails or nose of a trailer will be accepted so long as the trailer remains structurally sound and watertight.
• Scrapes and gouges in the floor are acceptable so long as they are not deeper or wider than ½” and longer than 12”.
• Minor damage to a crossmember is acceptable provided the flange and/or end clip is not separated from the floor or the frame. Crossmembers that are bowed more than 3/8” as measured with a chalk line must be replaced.
• Tire carriers may be bent or scratched provided that they are still structurally secure and functional.
• The ICC bumper may be dented or scratched (with no need for replacement by Lessee) provided that:
• The weld securing has not been damaged.
• It has not been bent in either direction by more than 3”.
• The edges are not exceptionally jagged so as to create a safety hazard.
• No modifications, no sectioning or patching of ICC bumpers.
• All bumpers replaced by Lessee must be OEM approved.
• Any plywood seriously gouged so as to expose an exterior panel, interior post, or side post, or containing holes larger than 6”, must be replaced.
• The doors may be scraped or scratched provided that the aluminum skin is not punctured. If the doors are dented to the extent that the interior door blank is broken or the seal is no longer water tight, then repairs must be made. Typical repairs would include straightening doors, plating doors, plugs, skin sections, or in severe cases, replacing doors.  All doors being repaired must be structurally sound with no interior degradation beyond the point of repair.

REPAIR GUIDELINES

Roof Sections: Sections must be installed with solid type buck rivets; 26.5 ft. roof sections are the maximum.  Installation must include a double row of rivets at the seam (one row in front and one row behind a roof bow).  A section must not be riveted into roof bows. Two (2) sections per roof are the maximum, one in the front, and one in the rear.  Sections must start from the nose rail or rear header.  No sections will be allowed in the center of the roof. (Pop Patches are temporary) 

Roof Patches:  Patches cannot be larger than 9 square feet nor have a dimension longer than 3’.  A strip patch along the top rails is acceptable but must not exceed 10’ long by 1’ wide.  Installed strip patches must be secured to a top rail.  All roof patches must be installed using solid type buck rivets.  No more than 3 patches are allowed within a 10’ section and a roof cannot have more than 8 total patches installed.  Any pop rivet patches will be considered temporary patches and replaced at the time of turn in at the Lessee’s expense.

Roof Bows: Roof bows bent more than ½” in either direction must be straightened or replaced.

Body Rails: Minor dents are defined as less than ½” in width or depth and no longer than 12”.  Minor body rail dents do not need to be repaired.  Dents deeper than ½” but not exceeding 2” in width or longer than 12” must be “back plated” or reinforced using 50K psi yield strength steel and must be at least 1/8” x 4” x 48”.  Each plate must span at least 4 crossmembers, 2 on each side of the repair.  If damage is at or above the floor line, back plates must be installed both above and below the floor line.  Back plates, like splice plates, require at least 10 correct fasteners on each side of the repair. Minor welding is acceptable but not to exceed 3” in length or ½” in width.

• Sections are required when damage is greater than that specified for back plate repairs, provided that no rail sections are allowed on trailers 3 years or newer.
  • As to sectioning body rails: No more than 1 section per rail
  • Sections must start at either the front or rear – no middle sections allowed
  • Sections must be at least 5’ in length. Bottom rail sections must start from the front, and must extend past the landing gear.
  • Splices are not permitted in the middle 8’ of any trailer measuring from either direction.
  • No more than 2 rails on a trailer may be sectioned. If on the same side of the trailer, then section splices must be at least 5’ apart.
  • All bottom rail sections below the floor line must be “back plated” or reinforced using 50K psi yield strength steel and must be at least 1/8” x 4” x 48” over the dolly area and slider rail area. In the bay area of the trailer ¼” x 4” x 48” must be used.  Above the floor line all bottom rail sections must be “back plated” or reinforced using 50K psi yield strength steel and must be at least 1/8” x 4”and extend from side post to side post.
  • No sectioning of high base rails are permitted.
  • All top rail sections must be ”back plated” or reinforced using 50K psi yield strength steel and must be at least 1/8” x 4” between the side post.
  • Top Rail lip repair can be made with 1” X 1” aluminum angle not to exceed 8’ in length. No more than 1 section permitted per rail.

Nose Rails: Minor dents less than ½” in any direction and less than 12” long may be straightened. No sections are permitted on nose rails.  Minor welding is acceptable but not to exceed 3” in length or ½” in width.

Side Panel Patches:  A side panel patch cannot exceed 24” in any direction and must be square or rectangular in shape using like material & color as original side panel. Self-sealing rivets are allowed and must be evenly spaced and aligned correctly on all trailers older than 3 years from manufactured date. Any side panel patch installed on a trailer 3 years or newer from the manufactured date must be installed using buck rivets following the same spacing and alignment requirement as listed above.

• Composite panel vans cannot have cuts exceeding 2” wide or longer than 12” before panel must be replaced. A panel bowed out more than 1/2” must be replaced. 

Side Posts: If a post is cut through either rivet flange or is flattened or cracked, it must be replaced.  Minor cuts between rivet flanges must be properly repaired.  Posts bowed more than 1” for sheet & post trailers and no more than 3/4” for composite panel vans must be replaced.

Panel Sections: No panel section is allowed on trailers 3 years or newer.  When permitted, panel sections may be no more than 48” wide by 24” high.  There cannot be more than 4 panels sectioned consecutively.  No more than 6 panels can be sectioned per side.

Lift Gates: All plumbing, both electrical and hydraulic will be run through grommets, conduit or housings to prevent damage.   Absolutely no plumbing will run over the top of tires without a hat post.  Ensure all electrical connections are clean, tight and coated with dielectric grease during service.

Floor Sections: A floor section must cover a minimum of four crossmembers or be 4’ in length.  Floor joints must be caulked and all boards in the floor must be staggered.  Steel plates over holes are not allowed. Gouges no deeper or wider than ½” and not longer than 12” may be filled with wood filler material.  Larger gouges or holes in floor must be sectioned per above guidelines.

• Flatbed trailer floors cannot have gouges filled with wood filler regardless of size.

Doors: If door molding/seal is damaged longer than 4”, or if the door does not seal well enough to prevent light from penetrating, the door molding/seal must be sectioned or replaced entirely.

• Roll Doors- The door seals will be in place and without tears, rips or missing material. Hinges need to be on the door, securely fastened, and in good working order. The track needs to be secure, and the rollers should travel freely.  Side door seals that are missing, ripped or bent will be replaced with brush type door seal material.  Header seals that are missing or ripped will be replaced with the OEM materials only.  Bottom door seal material will be replaced with like material only. Missing rollers or hinges will be replaced with like materials. Fiberglass door panels cannot be repaired and will be replaced from the OEM. Panels can be replaced independent of the entire door.

Landing Gear Assembly: All bent or missing braces must be straightened or replaced using grade 8 bolts when bolted on.  Minor dents or bends in sandshoe is acceptable and do not call for replacement.

Crossmembers:  Bent crossmembers torn away from end clips or the floor must be repaired or replaced.

• Bay area crossmembers bowed more than 3/8” as measured with a chalk line is not considered normal wear and must be replaced.
• Crossmembers cannot be sectioned unless located over the slider rail (Maximum number of crossmembers to be sectioned is 2 per side)
• Bent, bowed, or crushed crossmembers over landing gear wing plates must be replaced.
• Crossmembers over suspension sub-frame with minor web, flange or web to flange cracking 1” long or more must be replaced. Cracking less than 1” long may be repaired by welding.

Suspension: Examples of normal wear and use include replacement of radius rods, air bags or equalizers due to gradual wear.  Examples of damage for which Lessee is responsible include broken leaf springs; or support arms, or other components damaged by impact or trailer overloading.

Brakes: Examples of normal wear and use include normal life wear out of parts such as brake linings, drums and bushings.  Examples of damage for which Lessee is responsible include excessive brake wear or brake “burn up” as a result of improper braking.  Excessive brake wear is caused by equipment abuse either in improper braking or trailer overloading and will be recognized when a trailer gets less than 20,000 miles per 1/8” of brake lining.

Tires: Normal wear and use include tire replacement due to normal life tread wear, and minor tread or sidewall damage not requiring repair.  Examples of damage for which Lessee is responsible include excessive wear, irregular wear, tire damage, flat tires and inferior quality tires (Inferior defined as not

meeting TEN Retread Specifications).  Excessive or irregular wear is any wear that causes a tire to have a tread life of less than 12,000 miles per 1/32^nd of tread.

Graphics:  All decals and graphics must be removed prior to termination.  Lessee will be charged for all repainting costs resulting from damage, cosmetic or otherwise, caused by removal of decals.

ROUTINE MAINTENANCE BETWEEN PM’S

Items that are part of routine equipment inspection/care between scheduled PM/Annual CVI inspections are the responsibility of the Lessee.  These include, but are not limited to, the following:

• All M.O.T. mandated pre-trip and post-trip driver inspections
• All physical damage items to trailer and refrigeration unit, if applicable
• Maintaining proper tire pressure levels & repairing flat and physically damaged tires
• Maintaining proper oil levels in axle wheel ends
• Brake adjustments
• Light bulb and/or sealed lights that need replaced
• Brake linings frozen to drums due to forces of nature (cold weather freezing or rust seizure)
• Proper lubrication of suspension sub-frame slider pads
• Torn or missing mud flaps
• Suspension/Axle Alignment
• All ordinary maintenance required between scheduled services
• Check the hydraulic fluid level in the pump reservoir. (Liftgate Equipment)
• Keep track of the grade of hydraulic fluid in the pump reservoir. Never mix two different grades of fluid. (Liftgate Equipment)
• Check electrical wiring for chaffing and make sure wiring connections are tight and free of corrosion. (Liftgate Equipment)
• Check for work out links on each of the platform chains, if applicable. (Liftgate Equipment)