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Rental Terms & Conditions

These Terms and Conditions govern the rental of equipment, delivery of fuel, and provision of site services by New West Equipment (“we,” “us,” “our,” or “NWE”) to the customer (“you” or “Customer”). By renting equipment or using our services, you agree to be bound by these Terms and Conditions.

1. DEFINITIONS

  • “Agreement” – These Terms and Conditions, including any quote, work order, rental agreement, or written confirmation.
  • “Company”, “Service Provider,” “NWE,” “We,” “Us,” or “Our” – New West Equipment, including employees, contractors, and representatives.
  • “Customer,” “You,” or “Your” – The individual or entity renting equipment or receiving services.
  • “Project” – The job site or scope of work identified in your quote or work order.
  • “Services” – All equipment rentals, fuel delivery, site services, maintenance, security solutions, or other services provided.
  • “Equipment” – Rented equipment, machinery, tools, tanks, lighting, fencing, security systems, or accessories.
  • “Fuel” – Diesel, propane, or other fuel products supplied, including related storage, monitoring, or cleaning services.
  • “Site” or “Job Site” – The location where equipment is delivered, used, or services are performed.
  • “Delivery” – Transport, placement, relocation, or removal of equipment or fuel.
  • “Rental Period” – From delivery to return of equipment, unless otherwise agreed.
  • “Normal Business Hours” – Monday to Friday, excluding statutory holidays, unless otherwise stated.
  • “Damage” – Any loss, theft, disappearance, or harm to equipment or property.
  • “Force Majeure” – Events outside reasonable control, including extreme weather, labour disputes, supply interruptions, or government actions.

2. ACCEPTANCE OF TERMS AND AUTHORITY TO SIGN

By accepting these Terms and Conditions or authorizing services, you confirm you have the legal authority to bind the Customer to this Agreement. If signing on behalf of a company or other entity, you confirm that you are authorized to do so and that the Customer agrees to all obligations, fees, and charges outlined here.

By signing a rental agreement, approving a quote, accepting delivery, providing payment, using the Equipment, or continuing to receive services, Customer confirms acceptance of these Terms and Conditions.

3. QUOTES, ORDERS, AND RENTAL PERIOD

RENTAL RATE BREAKDOWN

  • The daily rate applies for rentals up to 3 days.
  • For rentals from 4 to 7 days, the weekly rate applies.
  • The weekly rate continues to apply for each additional full week, up to three weeks (21 days).
  • Once the rental period exceeds three weeks (21 days), the monthly rate applies automatically.
  • For billing and calculation purposes, one month is defined as 28 days (four weeks).
  • Rental charges are based on the duration of possession, with longer rentals qualifying for more cost-effective rates over time.
  • All rental fees are due as outlined in the quote, rental agreement, invoice, or written confirmation. Rental charges continue until the Equipment is properly called off rent and made available for pickup, or until the Equipment is returned to NWE.

Off-rent requests must be made to NWE and are not effective until confirmed by NWE. Customer should retain the off-rent confirmation as proof of the request.

Rental charges stop only once the Customer has clearly notified NWE that the Equipment is off rent and the Equipment is available, accessible, safe, and ready for pickup.

If pickup is delayed because the Equipment is inaccessible, unsafe to retrieve, blocked, moved without notice, or not ready for pickup, rental charges continue until the Equipment is available for pickup.

If pickup is delayed solely due to NWE’s scheduling, staffing, transportation, or operational availability after the Equipment has been properly called off rent and made available for pickup, rental charges will stop as of the confirmed off-rent date. During this period, Customer must continue to take reasonable steps to secure and protect the Equipment until pickup occurs.

NWE may provide reasonably similar or functionally equivalent Equipment where the originally requested Equipment is unavailable, unsuitable, under repair, or otherwise not reasonably available. Any substituted Equipment will be selected to reasonably meet the intended rental purpose based on the information available to NWE.

4. CUSTOMER RESPONSIBILITIES

Customer is responsible for providing accurate, complete, and timely information required for NWE to assess, plan, deliver, install, fuel, service, remove, or recover Equipment. NWE relies on information provided by the Customer, its employees, contractors, site representatives, and third parties, and is not responsible for delays, additional costs, unsuitable equipment selection, failed delivery, failed pickup, or service issues arising from inaccurate, incomplete, delayed, or omitted information provided by or on behalf of the Customer.

To ensure safe and effective service, the Customer agrees to:

  • Use all Equipment, fuel, and Services only for their intended purpose and in accordance with NWE’s instructions and applicable laws.
  • Provide safe, clear, and accessible Site conditions for delivery, placement, operation, inspection, pickup, removal, and recovery.
  • Notify NWE of any hazards, restrictions, or unique Site requirements.
  • Take reasonable steps to protect Equipment, fuel, and Site materials from theft, vandalism, contamination, or unauthorized access.
  • Promptly report any damage, malfunction, safety concern, leak, spill, or other issue to NWE.
  • Ensure all operations comply with applicable local, provincial, and federal laws, including safety, environmental, and fuel storage requirements.
  • Maintain any required insurance coverage or accept the Damage Waiver where applicable.
  • Pay all fees, deposits, and charges according to the agreed terms and schedule.
  • Return rented Equipment on time and in good working condition, ordinary wear and tear excepted, unless otherwise agreed in writing.

Failure to meet these responsibilities may result in additional charges, delayed service, or termination of the agreement.

5. SITE ACCESS, DELIVERY, PICKUP, AND RELOCATION

Customer must provide safe, clear, suitable, and legally permitted access to the Site for delivery, placement, setup, servicing, inspection, pickup, removal, and recovery of Equipment. Customer is responsible for ensuring access roads, gates, staging areas, ground conditions, overhead clearance, turning space, and Site contacts are available and suitable for NWE’s vehicles, personnel, and Equipment.

Unless NWE has agreed in writing to move, load, unload, place, relocate, tow, or reposition Equipment, the Customer is responsible for any movement, loading, unloading, towing, relocation, or repositioning of Equipment by the Customer, its employees, subcontractors, sub-trades, agents, or any third party on the Site.

The Customer must not move, relocate, tow, lift, alter, disconnect, reconnect, or reposition Equipment without NWE’s prior approval where doing so may affect safety, operation, fuel systems, propane systems, electrical connections, site security, monitoring equipment, tanks, cylinders, generators, heaters, pumps, fencing, or other installed or placed equipment.

The Customer is responsible for any damage, loss, injury, delay, additional labour, failed pickup, failed delivery, repair, replacement, inspection, recertification, or other cost arising from unauthorized movement, loading, unloading, towing, relocation, disconnection, reconnection, or repositioning of Equipment by the Customer or any third party on the Site.

6. EQUIPMENT CONDITION, INSPECTION, USE, AND MAINTENANCE

Customer acknowledges receiving all Equipment in good working condition unless otherwise reported to NWE. Customer agrees to inspect Equipment upon delivery and before use. Visible damage, missing items, or obvious concerns must be reported before use. Customer should take photos of any damage or concerns with a timestamp and send them by email to operations [at] newwestequipment [dot] com. Any hidden or not immediately apparent issue must be reported within 24 hours of delivery.

NWE performs and/or arranges routine inspections, servicing, and maintenance on Equipment during the rental period. Customer is not responsible for performing maintenance on the Equipment, but acknowledges that certain maintenance-related costs incurred during the rental period, including consumables, fluids, filters, oil changes, coolant, service calls, repairs, replacement parts, cleaning, and other chargeable service items, may be billed to the Customer at NWE’s applicable rates, unless otherwise agreed in writing.

Customer remains responsible for proper use, reasonable care, and protection of Equipment while it is in the Customer’s possession or control. Customer must ensure Equipment is operated only by trained and qualified individuals, used only for its intended purpose, kept reasonably clean and secure, and protected from theft, vandalism, misuse, impact, contamination, unsafe conditions, and unauthorized access.

Customer must immediately stop using Equipment and notify NWE if Equipment appears damaged, unsafe, malfunctioning, leaking, displaying warning lights, making unusual sounds, producing unusual odours, or otherwise requiring inspection, service, or repair. Customer must not repair, modify, bypass, disconnect, reconnect, or arrange third-party service for Equipment unless authorized by NWE in writing.

WARRANTIES

NWE does not warrant that Equipment is suitable for the Customer’s specific use, site conditions, load requirements, production needs, environmental conditions, or project schedule unless NWE has expressly confirmed that suitability in writing.

7. PROHIBITED USES

Use of the equipment in the following circumstances is prohibited and constitutes a breach of this contract.

  • use Equipment beyond its rated capacity,
  • alter, modify, repair, tamper with, or disable Equipment or safety devices,
  • move fuel tanks, propane tanks, heaters, generators, fencing, cameras, or other Equipment without NWE’s approval,
  • use Equipment while impaired or in unsafe conditions,
  • sublease, lend, assign, transfer, or allow unauthorized third-party use of Equipment,
  • use Equipment for illegal purposes,
  • operate Equipment without trained and qualified operators, or
  • use Equipment outside the agreed Site or Project without NWE’s written approval

8. FUEL, PROPANE, TANKS, AND ENVIRONMENTAL RESPONSIBILITY

Where NWE supplies fuel, propane, tanks, cylinders, fuel storage equipment, temporary heat equipment, generators, monitoring equipment, or related services, the Customer is responsible for providing a safe, accessible, and compliant Site for delivery, placement, use, monitoring, servicing, fuelling, and removal.

Customer must provide clear and suitable access for NWE vehicles, equipment, and personnel, and must notify NWE of any hazards, access restrictions, ground conditions, overhead obstructions, underground utilities, locked gates, security requirements, site-specific safety rules, or other conditions that may affect delivery, setup, fuelling, servicing, or removal.

Customer must ensure all fuel, propane, tanks, cylinders, heaters, generators, hoses, valves, regulators, meters, monitors, lines, and related equipment are used only for their intended purpose and in accordance with applicable laws, regulations, safety requirements, manufacturer instructions, and NWE’s instructions.

Customer must take reasonable steps to protect these items from theft, vandalism, misuse, impact, contamination, weather-related damage, unauthorized access, and unauthorized use.

Customer must not move, alter, repair, modify, connect, disconnect, bypass, disable, refill, transfer, tamper with, or interfere with any fuel, propane, tank, cylinder, heater, generator, hose, valve, regulator, meter, monitor, line, or related equipment unless authorized in writing by NWE.

Unless otherwise agreed in writing, all fuel, propane, and related fuel products used with NWE Equipment must be supplied by NWE. Customer must not use, add, connect, refill, transfer, substitute, or permit the use of outside diesel, propane, gasoline, natural gas, or any other fuel source with NWE Equipment without NWE’s prior written approval.

Customer must immediately notify NWE of any leak, spill, suspected release, fuel contamination, damaged or missing equipment, unsafe condition, malfunction, unusual odour, regulator issue, fuel system issue, or environmental concern.

NWE may refuse, delay, suspend, or stop delivery, fuelling, setup, servicing, or removal where, in NWE’s opinion, Site conditions are unsafe, inaccessible, unsuitable, non-compliant, or may create a risk to people, property, equipment, fuel, propane, or the environment.

Customer is responsible for the cost of fuel consumed during the Rental Period and for applicable fuel delivery, fuelling, monitoring, service, after-hours, emergency delivery, and related charges at NWE’s applicable rates. Fuel consumption, run time, delivery frequency, tank sizing, generator sizing, heater sizing, and related estimates are provided for planning purposes only unless expressly guaranteed in writing. Actual usage may vary based on weather, Site conditions, operating practices, equipment load, generator run time, building conditions, ground conditions, customer operations, and other factors outside NWE’s control.

Customer is responsible for all loss, damage, contamination, spills, leaks, releases, environmental cleanup costs, fines, penalties, third-party claims, regulatory costs, failed deliveries, return trips, standby time, emergency service, after-hours service, cleanup, repairs, replacement, inspection, testing, purging, contaminated fuel handling, fuel disposal, and related expenses arising from Customer’s Site conditions, possession, use, storage, handling, relocation, misuse, tampering, unauthorized fuel use, unauthorized access, or failure to notify NWE of an issue, except where caused by NWE’s gross negligence or wilful misconduct.

9. DAMAGE, LOSS, THEFT, CLEANING, AND REPLACEMENT COSTS

Customer is responsible for all costs to repair or replace Equipment that is damaged beyond normal wear and tear, including damage caused by misuse, neglect, failure to follow manufacturer instructions, continued use after a defect is discovered, unauthorized repair or modification, improper operation, contamination, theft, vandalism, loss, or the acts or omissions of the Customer’s employees, contractors, subcontractors, sub-trades, or other persons on the Site.

If NWE has not agreed in writing to move, load, unload, place, or relocate Equipment, the Customer is responsible for any damage, loss, delay, or additional cost arising from unauthorized movement, loading, unloading, towing, relocation, or repositioning of the Equipment by the Customer or any third party.

The Customer is responsible for the actions of subcontractors, sub-trades, and other third parties working on the Project Site to the extent their acts or omissions cause damage to the Equipment.

NWE will assess damage and provide a repair or replacement estimate. The Customer may obtain an independent estimate at its own expense, but this does not delay payment unless NWE agrees otherwise. Repair costs will be billed at NWE’s applicable rates. If the Equipment is deemed a total loss, the Customer will be charged replacement cost, including freight, setup, lost accessories, and related costs, less reasonable depreciation where applicable.

Damage charges are payable upon invoice.

10. DAMAGE WAIVER

NWE may offer a Damage Waiver for certain rentals. The Damage Waiver is a contractual waiver of certain charges and is not insurance. If accepted and paid for, the Damage Waiver may cover certain accidental direct physical damage to Equipment, subject to the terms, conditions, limits, and exclusions set out in NWE’s Damage Waiver and Release.

Unless otherwise stated in writing, the Damage Waiver fee is 9% of the rental value, exclusive of taxes, and is automatically calculated on the rental invoice. The Damage Waiver fee is non-refundable once the rental period begins.

Coverage is limited to a maximum of $2,000.00 per rental contract, unless otherwise stated in writing. The Damage Waiver does not cover all loss or damage. Exclusions include, without limitation, theft, conversion, unexplained loss, failure to return Equipment, intentional acts, gross negligence, misuse, abuse, operation contrary to instructions, failure to secure Equipment, water damage, mechanical damage from neglect, tire or track damage, wear items, consumables, cosmetic damage, excessive wear and tear, cleaning charges, lost or damaged accessories, consequential loss, business interruption, delay, or lost profits.

Customer may decline the Damage Waiver, and NWE may decline to offer the Damage Waiver. If the Damage Waiver is declined, unavailable, unpaid, or does not apply because of an exclusion, Customer remains responsible for all costs to repair, replace, restore, recover, clean, inspect, or return Equipment to service, including loss of rental charges, administrative fees, and related costs. NWE may require a damage deposit if the Damage Waiver is declined.

The Damage Waiver does not limit Customer’s obligations under these Terms and Conditions, including Customer’s responsibility for proper use, security, payment, indemnity, insurance, third-party claims, environmental claims, bodily injury, property damage, or excluded losses.

11. INSURANCE REQUIREMENTS

Unless waived by New West Equipment in writing or unless the Damage Waiver applies, Customer must maintain, at its own cost, insurance adequate to cover the Equipment and Customer’s obligations under the Rental Contract, Damage Waiver and Proof of Insurance Policy, and these Terms and Conditions. Required insurance may include:

  • commercial general liability insurance with minimum coverage of $1,000,000.00 per occurrence for bodily injury and property damage;
  • contractors’ equipment, rented equipment, leased equipment, or similar all-risk physical damage coverage for the full replacement value or purchase value stated by New West Equipment, with a deductible acceptable to New West Equipment; and
  • any other coverage reasonably required by New West Equipment based on the Equipment, Site, rental value, rental duration, or risk.

Upon request, Customer must provide certificates of insurance or endorsements confirming required coverage. NWE may require that New West Equipment be named as additional insured and/or loss payee, as applicable to the Equipment supplied, and may require notice of cancellation or material change.

Customer authorizes NWE to contact Customer’s insurance broker, agent, or insurer to verify coverage where proof of insurance is provided.

Customer’s insurance obligations, and any Damage Waiver accepted by Customer, do not limit Customer’s responsibility for amounts, claims, losses, damages, or obligations not covered, waived, or released under the applicable policy, Damage Waiver, rental agreement, or these Terms and Conditions.

Failure to provide acceptable proof of insurance or accept the Damage Waiver may delay, suspend, or prevent rental, delivery, service, or release of Equipment.

12. PAYMENT TERMS

Payment terms apply to all products and services provided by NWE, whether paid by cash, credit card, or on approved credit account.

DEPOSITS AND PRE-AUTHORIZATIONS

NWE may require a deposit, damage deposit, or credit card pre-authorization before Equipment is released or services are provided. Deposits and pre-authorizations may be applied toward unpaid rental charges, fuel, delivery, pickup, cleaning, damage, loss, replacement, recovery, late return, collection costs, or any other amounts owing under the Rental Contract or these Terms and Conditions. Deposits do not limit Customer’s responsibility for amounts owing. Any remaining deposit balance will be released or refunded after Equipment has been returned or recovered, inspected, and all amounts owing have been paid or applied.

CASH & CREDIT CARD PAYMENTS

  • Payment is due at the time of purchase for all products and services unless credit terms have been approved in writing.
  • By providing a credit card, the Customer authorizes NWE to charge the full amount of the transaction, including applicable taxes, fees, and charges.
  • Credit cards may be pre-authorized or charged a nominal “penny fee” to verify account details.
  • Declined, returned, or disputed credit card payments may result in immediate service suspension or cancellation until payment is received.
  • NWE is not responsible for delays or failures in payment caused by customer-provided errors or bank/credit card processing issues.
  • Customers confirm that all payment information provided is true, accurate, and authorized.

CREDIT ACCOUNTS

  • Credit may be extended at NWE’s discretion up to an approved limit. Credit approval does not guarantee ongoing credit availability.
  • Fuel invoices are due Net 15 days from the invoice date.
  • Rental and service invoices are due Net 30 days from the invoice date, unless otherwise stated on the invoice, quote, account approval, or written agreement.
  • Past-due invoices may result in service suspension, delivery holds, or a requirement for prepayment.
  • Outstanding balances accrue interest at 2% per month (24% per annum) starting from the invoice due date until paid in full.
  • NWE may modify, reduce, or cancel credit limits at any time based on payment history, creditworthiness, or account activity.

DEFAULT & COLLECTIONS

  • The Customer is in default if invoices remain unpaid, insolvency occurs, or business operations cease.
  • Upon default, NWE may demand immediate payment of all outstanding balances.
  • The Customer agrees to pay all costs associated with collecting overdue amounts, including legal fees, collection agency fees, court costs, and disbursements.

GENERAL TERMS

  • Prices, delivery schedules, services, and payment terms are subject to change unless confirmed in writing. For ongoing rentals or services, NWE may update pricing, fees, delivery schedules, or payment terms by providing notice to the Customer, unless otherwise agreed in writing.
  • Failure by NWE to enforce any term does not waive its right to enforce it later.
  • These payment terms may be amended by NWE and will apply to all future transactions.
  • The Customer authorizes NWE to obtain business and/or personal credit information for the purpose of assessing and monitoring creditworthiness.
  • By proceeding with services, the Customer agrees to comply with all applicable laws and regulations.

13. CANCELLATION, RESCHEDULING, FAILED DELIVERY, AND EMERGENCY SERVICE 

Cancellations or requests to reschedule must be communicated to us in advance. Fees may apply for late cancellations, rescheduling, or missed deliveries.

14. OWNERSHIP, NO TRANSFER, AND NO LIENS

Equipment remains the property of NWE at all times. Customer has no ownership interest in the Equipment and may not sell, transfer, assign, sublease, pledge, encumber, lend, alter, or permit any lien, seizure, or claim against the Equipment.

15. RIGHT TO INSPECT AND RECOVER EQUIPMENT

NWE may, upon reasonable notice where practical, access the Site to inspect, service, repair, replace, remove, or recover Equipment.

NWE may recover Equipment if the rental period has ended, the Equipment has been called off rent, invoices are overdue, the Customer is in default, the Equipment is being misused, the Equipment is at risk of loss or damage, the Site is unsafe or inaccessible for continued use, the Equipment has been moved without approval, or NWE reasonably believes the Equipment may be lost, damaged, abandoned, seized, transferred, or subject to a lien or third-party claim.

The Customer must provide safe and reasonable access for inspection, service, pickup, removal, or recovery of Equipment.

If NWE is unable to access or recover Equipment due to locked gates, blocked access, unsafe conditions, site restrictions, missing site contacts, relocated Equipment, or other Customer or Site-related issues, rental charges continue until the Equipment is accessible and recovered.

The Customer is responsible for reasonable recovery-related costs caused by delayed, failed, unsafe, or obstructed recovery.

16. LIMITATION OF LIABILITY

To the maximum extent permitted by law, NWE is not responsible for indirect, incidental, special, punitive, or consequential damages, including loss of profits, loss of business, project delays, downtime, loss of use, or additional project costs. NWE’s total liability for any claim arising from a specific rental, fuel delivery, or service is limited to the amount paid by the Customer for the specific equipment, fuel delivery, or service giving rise to the claim, except where prohibited by law.

17. INDEMNITY

Customer agrees to indemnify and hold NWE, its directors, officers, employees, contractors, and representatives harmless from claims, damages, losses, costs, fines, penalties, legal fees, and expenses arising from Customer’s possession, use, operation, transportation, storage, site conditions, or return of the Equipment, except to the extent caused by NWE’s gross negligence or wilful misconduct.

18. FORCE MAJEURE

NWE is not responsible for any delay, failure, or inability to perform services or deliver equipment caused by events beyond our reasonable control. These events include, but are not limited to:

  • Extreme weather, natural disasters, or acts of God
  • Labour disputes, strikes, or shortages
  • Supply chain interruptions or transportation delays
  • Government actions, regulations, or emergency orders
  • Accidents, fire, or other unforeseen emergencies

In the event of a Force Majeure, NWE will make reasonable efforts to notify the Customer and resume services as soon as possible.

Delays or failures caused by Force Majeure do not relieve the Customer of obligations under this Agreement, including payment for services or equipment already provided.

19. CHANGES TO TERMS AND CONDITIONS

NWE may update or revise these Terms and Conditions from time to time. The current version will be made available on NWE’s website or otherwise provided to the Customer upon request.

Unless otherwise agreed in writing or required by law, updated Terms and Conditions apply to rentals, deliveries, services, quotes, renewals, extensions, or transactions that begin after the updated terms are posted or provided to the Customer.

For existing rentals, active services, or confirmed orders, NWE may provide notice of updated Terms and Conditions where the update is intended to apply before the end of the current rental, service period, or confirmed order. If the Customer does not agree to the updated terms, the Customer must notify NWE before continuing with the affected rental, delivery, or service.

Changes to pricing, fees, delivery schedules, payment terms, or other transaction-specific terms will apply only as set out in the applicable quote, rental agreement, invoice, written confirmation, account terms, or notice provided by NWE.

20. DISPUTE RESOLUTION

We encourage resolving disputes through direct communication. If unresolved, disputes may be referred to mediation or arbitration before pursuing legal action.

21. GOVERNING LAW

These Terms and Conditions are governed by the laws of the province of Alberta, Canada.

22. SEVERABILITY

If any part of this Agreement is found invalid, the remaining terms remain in effect.

23. ENTIRE AGREEMENT

This Agreement, including all quotes, work orders, and confirmations, represents the full understanding between you and NWE regarding the services provided.

24. CONTACT INFORMATION

For questions, reporting damage, or scheduling services:
New West Equipment

25. ACKNOWLEDGEMENT & APPROVAL

By accepting delivery, using the equipment, or authorizing services, Customer agrees to New West Equipment’s Rental Terms and Conditions. Customer confirms they are authorized to bind the Customer, accepts responsibility for equipment while in Customer’s possession or control, and authorizes applicable rental, delivery, fuel, damage, cleaning, replacement, collection, and other charges.