RPP Rental Protection Plan

RPP Terms and Conditions

The RPP is an optional product described herein that modifies certain terms of the Lease Rental Agreement. All capitalized terms used and not otherwise defined herein have the same meaning as ascribed in the Lease Rental Agreement (“Terms”).

Rocky Rents may offer the RPP for a fee to Lessee on certain equipment (hereafter, “Equipment”) and for certain types of loss or damage to limit Lessee’s liability for property loss or damage to such Equipment for such loss or damage. Lessee must either show proof of property insurance as required in Section 15 of the Terms or purchase the RPP in accordance with Section 8 of the Terms. In return for the RPP fee, if the RPP covers such repair or replacement at time of claim, Rocky Rents agrees to waive certain claims for accidental damages to or theft of such covered Equipment occurring during normal and careful use, all on and subject to the terms and conditions set forth herein. Lessee remains liable for all other damages as set forth in the Terms.

RPP IS NOT INSURANCE. Lessee’s account must be current for RPP to apply. Upon accepting the RPP, Lessee agrees to pay an RPP fee equal to 15% of the rental charges under the Lease Rental Agreement. Lessee must review Terms before deciding whether to accept RPP.

RPP may only be accepted at or prior to the commencement of the Lease Rental Agreement. In the event of loss or damage to the Equipment, Lessee must notify Rocky Rents within 24 hours, and cooperate with Rocky Rents’ investigation of any incident involving the Equipment.

DAMAGES DEDUCTIBLE. Subject to the Terms, the Lessee is in all cases responsible for damages in the amount of 10% of replacement value of the Equipment or 10% of the cost of repairs plus provincial and federal taxes, from losses arising from theft of or direct physical damage to the Equipment.

TO THE EXTENT ROCKY RENTS DOES NOT OFFER THE RPP TO LESSEE, OR LESSEE DOES NOT ACCEPT THE RPP, LESSEE MUST MAINTAIN THE INSURANCE COVERAGE REQUIRED BY SECTION 15 OF THE TERMS. PLEASE BE AWARE THAT IF LESSEE DOES NOT ELECT TO TAKE THE RPP AND IT ELECTS TO MAINTAIN INSURANCE COVERAGE, AND IF THE CERTIFICATE OF INSURANCE PROVIDED TO ROCKY RENTS TO EVIDENCE SUCH INSURANCE COVERAGE IS UNACCEPTABLE TO ROCKY RENTS OR THE APPLICABLE POLICIES EXPIRE, LESSEE AGREES THAT ROCKY RENTS MAY CHARGE THE RPP FOR ALL APPLICABLE RENTALS UNTIL SUCH TIME AS AN ACCEPTABLE AND VALID CERTIFICATE OF INSURANCE IS PROVIDED AND SUCH MATTERS ARE CORRECTED TO ROCKY RENTS’ REASONABLE SATISFACTION.

NOTWITHSTANDING ANY NOTATION ON THE RENTAL RECORD, THE RPP IS NOT OFFERED ON OR AVAILABLE FOR THE RENTAL OF A PASSENGER MOTOR VEHICLE.

NOTWITHSTANDING PAYMENT OF THE RPP FEE, THE RPP DOES NOT APPLY, AND LESSEE IS LIABLE FOR, ALL DAMAGES TO THE EQUIPMENT, AND ANY ADMINISTRATIVE FEES AND EXPENSES OF ROCKY RENTS: (1) CAUSED BY THE EQUIPMENT BEING USED OR OPERATED IN VIOLATION OF ANY OF THE TERMS; (2) IN CASE OF NEGLIGENCE, AS DETERMINED IN ROCKY RENTS’ SOLE DISCRETION; AND/OR (3) CAUSED BY OR RELATED TO THE FOLLOWING:

Using earth moving equipment, including without limitation, excavators, loaders, and backhoes, in or around water, including but not limited to, wetlands, ponds, lakes, rivers and oceans;

Striking an overhead object with the Equipment;

Vandalism, malicious mischief, theft or conversion of the Equipment, unless an Authorized Operator promptly files with the applicable public authorities (and promptly provides to Rocky Rents) a formal written theft, vandalism or conversion report;

Leaving keys, if any, in the Equipment while that Equipment is not in use;

Exposure of the Equipment to corrosive materials;

Overloading of a boom;

Damage due to acts of God, such as, but not limited to, floods, wind, storms or earthquakes;

Damage to tires, tubes, and tracks;

Glass breakage;

Damage to motor vehicles or trailers in over-the-road accidents;

Overturning Equipment;

Damage arising from land clearing or tree removal;

Working in or near fires;

Filling a reservoir with the wrong type of fluid; or

Equipment used outside the intended purpose or exceeding Equipment’s rated capacity.

Notwithstanding anything in the contrary in the Terms, if any lost Equipment is later recovered, Rocky Rents retains ownership of the Equipment regardless of any payments made by Lessee or Lessee’s insurance company with respect to such Equipment, all of which payments are non-refundable. Lessee agrees to promptly return any Equipment that is recovered. Rocky Rents shall be subrogated to Lessee’s rights to recover against any person or entity relating to any loss, theft, damage or destruction to the Equipment. Lessee shall cooperate with, assign Rocky Rents all claims and proceedings arising from such loss, theft, damage or destruction, execute and deliver to Rocky Rents whatever documents are required and take all other necessary steps to secure in Rocky Rents such rights, at Lessee’s expense.