Damage & Liability Policy
Damage & Liability Policy
Effective Date: April 2026 | Jurisdiction: British Columbia, Canada
1. Customer Responsibility
The Customer accepts full responsibility for all rented Equipment from the moment of delivery or pick-up until return and written acceptance by the Company. This includes damage caused by:
- Misuse, operator error, or failure to follow manufacturer guidelines;
- Unauthorized modifications or repairs;
- Environmental exposure (wind, rain, flooding) resulting from improper storage;
- Theft, vandalism, or malicious damage;
- Accidents, collisions, or tip-overs;
- Use by untrained or unlicensed operators where certification is required.
2. Damage Assessment
Upon return the Company will conduct a condition inspection. The Customer (or authorized representative) is encouraged to be present. The Company will provide a written damage report within 3 business days. Charges will reflect the actual cost of repair or, where repair is not economical, the current replacement value of the Equipment.
3. Damage Charge Schedule
- Minor damage (scratches, dents that do not impair function): Actual repair cost, minimum $100.00.
- Moderate damage (impaired function, significant structural damage): Actual repair cost.
- Total loss / theft: Current replacement value of Equipment plus an administrative fee of $250.00.
- Missing accessories or attachments: Current market replacement cost.
- Cleaning fees: $75–$350 depending on condition (excessive grease, concrete, hazardous materials, etc.).
4. Normal Wear and Tear
Normal wear and tear is not charged to the Customer. Normal wear and tear means gradual deterioration from proper use, including minor surface scratches on cutting edges, normal blade or wear-part wear, and light soiling consistent with intended use.
5. Damage Waiver Program
Customers may purchase an optional Damage Waiver ("DW") at time of rental. The DW reduces the Customer's financial liability for accidental damage as follows:
- Standard DW: Covers accidental damage up to $5,000 per incident; Customer pays first $500 per claim.
- Enhanced DW: Covers accidental damage up to $25,000 per incident; Customer pays first $250 per claim.
The DW does NOT cover: theft without forced entry, intentional damage, misuse, damage caused by operating under the influence of alcohol or controlled substances, or use outside BC without written approval. The DW is not insurance and is not regulated under the Insurance Act, RSBC 1996, c. 226.
6. Liability Cap
Subject to Sections 1 and 5 and to applicable BC law, the Customer's maximum liability for any single incident is the current replacement value of the affected Equipment. The Company's liability for personal property damage or economic loss caused by defective Equipment is limited to the total rental charges for the affected Equipment during the Rental Period, unless caused by the Company's gross negligence or wilful misconduct.
7. WorkSafeBC and Regulatory Compliance
The Customer must ensure all operators hold required certifications under the Workers Compensation Act and applicable WorkSafeBC Occupational Health and Safety Regulation. Damage or liability arising from non-compliant operations is not covered by the Damage Waiver and remains solely the Customer's responsibility.
8. Reporting Incidents
The Customer must notify the Company of any accident, theft, or significant damage within 24 hours of occurrence. Failure to report promptly may void Damage Waiver coverage. In the event of theft, the Customer must provide a police report number.
9. Collections
Unpaid damage charges bear interest at 2% per month. The Company may engage a collection agency or pursue legal action. The Customer agrees to pay reasonable legal and collection costs. Limitation periods are governed by the Limitation Act, SBC 2012, c. 13 (basic two-year discovery period).
Last revised: April 2026.