TERMS AND CONDITIONS

By clicking "I agree to the Terms and Conditions" you are entering into a Rental Agreement subject to the following.

EQUIPMENT RENTAL TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS CONSTITUTE AN EQUIPMENT RENTAL AGREEMENT (this "Agreement") 

BETWEEN:

7033576 MANITOBA INC of 1205 Wolseley St. Winnipeg, MB R3G 1H2

(the "Owner")

- AND -

______________________ 

(the "Renter")

OF THE SECOND PART

(the Owner and Renter are collectively the "Parties")

IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner rents the Equipment to the Renter, and the Renter rents the Equipment from the Owner on the following terms:

Definitions

Rental

1. The Owner agrees to rent the Equipment to the Renter, and the Renter agrees to rent the Equipment from the Owner in accordance with the terms set out in this Agreement.

Term

1. The Agreement commences at 6pm of the day noted on the paid invoice and will continue until 10am of the last day noted on the paid invoice. (the "Term").

Rent and Deposit

1. The Renter will pay a deposit of $200.00 (the "Deposit") before taking possession of the Equipment. The Owner will refund the Deposit to the Renter at the end of the Term provided that the Renter has performed all of the Renter's obligations under this Agreement.

2. Rental rates are agreed to at the time of invoicing.

Cancelation Policy

1. Free cancellation until 5 days before check-in (date shown in the confirmation email). After that, cancel before check-in and get a 50% refund, minus the first day.

2. The Owner may cancel the rental for any reason. You will be refunded the entire amount.

Delivery of Equipment

1. The Owner will, at the Owner's own expense and risk, deliver the Equipment to the Renter at the agreed upon address.

Use of Equipment

1. The Renter will use the Equipment in a good and careful manner and will comply with all of the manufacturer's requirements and recommendations respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment.

2. The Renter will use the Equipment for the purpose for which it was designed and not for any other purpose, including as a sleeping area.

3. The Renter will not alter, modify or attach anything to the Equipment.

Warranties

1. The Equipment will be used for personal, family or household purposes.

2. The Equipment will be in good working order and good condition upon delivery.

3. The Equipment is of merchantable quality and is fit for the purposes it is ordinarily used.

Loss and Damage

1. To the extent permitted by law, the Renter will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.

2. If the Equipment is lost or damaged, the Renter will continue paying Rent for the duration of the Term, will provide the Owner with prompt written notice of such loss or damage.

Ownership, Right to Lease and Quiet Enjoyment

1. The Equipment is the property of the Owner and will remain the property of the Owner.

2. The Renter will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.

3. The Owner warrants that the Owner has the right to rent the Equipment according to the terms in this Agreement.

4. The Owner warrants that as long as no Event of Default has occurred, the Owner will not disturb the Renter's quiet and peaceful possession of the Equipment or the Renter's unrestricted use of the Equipment for the purpose for which the Equipment was designed.

Surrender

1. At the end of the Term or upon earlier termination of this Agreement, the Renter will make the Equipment available for pick up at 10am on the ending day noted on the paid invoice.  If the Renter fails to make the Equipment available for pick up, the Renter will pay to the Owner any Rent for comparable Term lengths plus 30%.

Insurance

1. No rental insurance coverage for the Equipment is required under this Agreement.

Indemnity

1. The Renter will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and costs, arising out of or related to the Renter's use of, delivery, or retrieval of the Equipment.

Default

1. The occurrence of any one or more of the following events will constitute an event of default ("Event of Default") under this Agreement:

   1. The Renter fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Renter's obligations under this Agreement.

Remedies

1. On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies (the "Remedies"):

   1. Apply the Deposit toward any amount owing to the Owner.

   2. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.

   3. Take possession of the Equipment, without demand or notice, wherever the equipment may be located, without any court order or other process of law. The Renter waives any and all damage occasioned by such taking of possession.

   4. Terminate this Agreement immediately upon written notice to the Renter.

   5. Pursue any other remedy available in law or equity.

Assignment

1. The Renter will not assign this agreement, the Renter’s  interest in this agreement or the Renter’s interest in the equipment without the prior written consent of the Owner.

2. If the Owner assigns this Agreement, the Owner's interest in this Agreement or the Owner's interest in the Equipment without the prior written consent of the Renter, the Renter will be entitled to terminate this Agreement without penalty.

Entire Agreement

1. This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.

Payment

1. All dollar amounts in this agreement refer to Canadian dollars, and all payments required to be paid under this Agreement will be paid in Canadian dollars unless the Parties agree otherwise.

Interpretation

1. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

1. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of Manitoba without regard to the jurisdiction in which any action or special proceeding may be instituted.

Severability

1. If there is a conflict between any provision of this Agreement and the applicable legislation of the Province of Manitoba (the "Act"), the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.

2. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement and the remaining provisions had been executed by both Parties subsequent to the expungement of the invalid provision.

General Terms

1. This Agreement may be executed in counterparts. 

2. Time is of the essence in this Agreement.

3. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.

4. Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.

Notice to Renter: 

1. You are not buying the Equipment. This is a rental agreement. 

2. By checking the box “I agree with the Terms and Conditions” you are agreeing to all of the above. Please save a copy for your records.