RENTAL USE TERMS
Effective Date: ______________, 2024
AGE OF MAJORITY
Each person intending to post or posting equipment for rent (“Merchant”) and each person intending to rent or renting equipment through the Website (defined hereinafter) (“Customer”) shall fully read the terms and conditions set out in this agreement (“Rental Use Terms”) prior to renting any equipment through our website or application(s) owned or operated by Linforth Solutions Inc. (“us”, “we”, “our”, or the “Company”) (collectively, the “Website”) or use of any equipment rented through our Website. This Rental Use Terms set out the rules, procedures and other terms regarding posting equipment, payment processing, renting equipment, and more.
You represent and warrant to the Company that and that you have the capacity to review and agree to the Rental Use Terms. The Website is intended for use by person(s) 19 years of age or older and residing in Canada.
You acknowledge and agree that the Company does not represent or act for any Merchant. Each person visiting or using our Website, posting equipment for rent on our Website, or renting equipment from a Merchant is encouraged to consult their INSURANCE PROVIDER AND OBTAIN INDEPENDENT LEGAL ADVICE prior to using the Website, posting equipment, or renting equipment.
The terms “you,” “your,” “user,” and “users,” refer to all individuals and/or entities accessing the Website, posting equipment, or renting equipment for any reason.
You hereby accept and agree to be bound by the Rental Use Terms, including any modifications to the Rental Use Terms in the future, by accessing or using our Website, posting equipment, or renting equipment. We may, at our sole discretion, modify the Rental Use Terms at any time and any such modification will be effective upon posting upon our Website, or, if required by the applicable law, by email notification to you. Your use of the Website following any modification and posting on our Website of the Rental Use Terms constitutes your acceptance of and agreement to be legally bound by the modified Rental Use Terms. You acknowledge and agree that all equipment you intend to rent or rent will be subject to these Rental Use Terms or with such modified Rental Use Terms.
We strongly suggest that you review the Rental Use Terms on a regular basis. If you do not agree to the Rental Use Terms, then do not use our Website, post equipment on our Website, or rent equipment through our Website.
You acknowledge and agree that you shall use the Website in a manner consistent with any and all applicable laws, rules, and regulations.
If we deliver a document to you that conflicts with the Rental Use Terms, then to the extent of the conflict, the terms of such document shall prevail.
Merchant
The Merchant acknowledges and agrees that it is a contractor, and it will be in control of the equipment it rents to Customer(s), the times it rents the equipment out, the delivery method the Merchant uses, the fees it would like to charge for a rental, and the collection method.
The Merchant agrees that this Rental Use Terms sets out basic terms regarding the rental for clarity regarding the rental process.
The Merchant is encouraged to obtain independent legal advice prior to posting any equipment on the Website to ensure this Rental Use Terms and any other agreement or policy prepared by the Company in respect of the Website compliments the Merchant’s business.
Merchant
The Merchant acknowledges and agrees that it is solely responsible for inspecting or if reasonably necessary having a professional inspect the equipment it rents out to Customer(s).
The Merchant will take all reasonably necessary steps to ensure the equipment is in good working order prior to accepting a request by a Customer through the Website or prior to renting the equipment to Customer(s) after the initial request has been accepted.
The Merchant represents and warrants to the Company and the Customer that the equipment it posts on the Website will be in a good working order prior to each rental.
If the Merchant’s equipment is not in a good working order, then the Merchant will take reasonable steps to provide a reasonable remedy to the Customer that a business providing similar services would provide, such as: a) cancel the rental booking with a full refund at least 48 hours before the rental is scheduled to begin; or b) providing similar equipment used for a similar purpose that is in good working order.
The Merchant acknowledges and agrees that it is solely responsible for conducting safety inspections prior to permitting the Customer to pick-up the equipment.
If the Merchant intends on delivering the equipment to Customer(s), the Merchant agrees that it will conduct all reasonably necessary safety inspections (e.g., inspect hitches, bolts, safety chains, and other devices) and will comply with local laws regarding transportation of such equipment prior to initiating the delivery service.
Customer
The Customer acknowledges and agrees that it will conduct its own inspection of the equipment prior to taking possession of the equipment. If the equipment is not in a reasonably good working order, then the Customer will inform the Merchant of the condition of the equipment promptly and will take reasonable steps to mutually resolve the issue with the Merchant.
If the Customer would like a professional to inspect the equipment, the Customer will submit a written request to the Merchant. If such request is approved by the Merchant, then the Customer will pay any and all fees payable directly to the professional inspector.
If the Customer is picking-up from or delivering to the Merchant the equipment, then the Customer will inspect all hitches, bolts, safety chains, hauling tongues and other devices and materials used to connect the equipment to the Customer’s vehicle or trailer.
If the Customer discovers any malfunction or defect in any equipment it rents, the Customer will promptly inform the Merchant of same.
The Customer will provide the Company with its name, address, e-mail address, phone number, and government issued photo identification (collectively, “Customer Information”) for verification and communication purposes. The Customer acknowledges that the Company will use the Customer Information to process any rental requests through the Website or any communication regarding same, and the Company is relying on the accuracy of the Customer Information for such purpose.
The Customer represents and warrants that it is familiar with the correct method of operation and use of the equipment that it rents through the Website. If a license is required by applicable law(s) to operate such equipment, the Customer represents and warrants that it has such license.
The Customer and it’s permitted Agent will operate or use the equipment as directed by the Merchant, including but not limited to using the type of fuel as instructed by the Merchant and checking the tire pressure (if applicable). The Customer acknowledges and agrees that at all times, the equipment should be used as directed by the manufacturer of the equipment.
The Customer will not allow a third party person [a]or entity (“Agent”) to use the equipment, unless the Customer has informed the Merchant of such use at the time of booking such request or has obtained the Merchant’s written consent of same upon possession of the equipment. The Customer will ensure that any third party permitted to operate or use the equipment has the license(s) required by applicable law(s).
If the Customer has any questions regarding the operation or use of the equipment, the Customer will seek the instruction or direction of the Merchant. The Customer acknowledges and agrees that the Company is not responsible for and will not provide such instruction or direction.
In the event of a malfunction or accident of the equipment, the Customer will contact the Merchant directly. The Company has no obligation to: a) correspond with the Customer regarding the malfunction or accident; b) repair the equipment; or c) compensate the Customer for the rental, expenses, damages, losses or liabilities.
The Customer hereby DEFENDS, INDEMNIFIES AND HOLDS THE COMPANY AND THOSE FOR WHOM THE COMPAN IS RESPONSIBLE HARMLESS from any and all damage(s), loss, liabilities, fines, penalties, claims, or actions pursuant to, resulting from or caused by the use or operation of the equipment by the Customer or its permitted Agent.
The Customer will comply with all applicable environmental laws. The Customer acknowledges and agrees that the Company will not inform the Customer of any such laws and it is solely the Customer’s responsibility to comply with all applicable laws.
The Customer will inform the Merchant if it will expose the equipment to any material that is hazardous, toxic, a contaminant, dangerous, caustic, or deleterious (each a “Hazardous Material”).
The Merchant will be solely responsible to determine if any of its equipment may lawfully be used with any Hazardous Material.
The Merchant will inform the Customer of its return process in writing, which may involve: a) cleaning the equipment to the condition it was in at the commencement of the rental; or b) refueling the equipment.
The Merchant and Customer acknowledge that the Company is not responsible to provide the Customer with any information regarding or assist with the Merchant’s return process.
If the Customer fails to return the equipment in accordance with its booked rental, then the Customer acknowledges that the Merchant may charge the Customer a late fee and the full rental rate for periods less than 24 hours. Upon proof of failure to return the equipment, the Company may charge the Customer’s credit card any such reasonable fees as directed by the Merchant.
In the event of loss, damage or destruction of the equipment, the Customer will comply with the Merchant’s policy regarding same and will be responsible for such loss, damage or destruction. The Customer will pay to the Merchant the reasonable cost of repair of the equipment.[b]
The Customer and Merchant acknowledge and agree that reasonable wear and tear of the equipment does not mean: a) damage arising from the insertion of improper fuel; b) damage from collision, overturning or improper operation, such as overloading or exceeding the capacity level; and c) any other damage or loss that is not reasonably considered reasonable wear and tear in the industry.
The Company makes no warranties, express or implied, with respect to the equipment, the merchantability of the equipment or its fitness for any particular purpose.
THE CUSTOMER ACKNOWLEDGES THAT IT IS RENTING THE EQUIPMENT FROM THE MERCHANT AND NOT THE COMPANY.
The Company does not warrant that the equipment is suited for the Customer’s intended use or that it is free from defects or contaminants.
The Company disclaims all warranties, either express or implied make in connection with the rental of the equipment.
***INSURANCE SECTION[c]
Rental rates are for 24 hours and 7 days (24 hour periods).
If the Merchant provides a delivery service, the Customer may request such service. Upon acceptance of the delivery service, the Customer will pay the Merchant the applicable delivery fee through the Website.
The Merchant may invoice the Customer for any excess cleaning or repair costs(s) reasonably required to put the equipment in the condition it was immediately prior to the rental.
The Customer’s right to be in possession of the equipment terminates on the expiration or the rental period or any extension granted by the Merchant.
The Company will charge the Customer’s credit card a deposit ______ hours/days in advance of the scheduled rental period, which will be authorized for a period of 7 days. If the rental period is longer than 7 days, then the Company will charge more than one (1) authorization, which means there may be 2-3 deposits charged on the Customer’s credit card.
The Customer agrees that any deposit paid by the Customer for the rental is a guarantee by the Customer to perform its obligations set out in this Agreement, including but not limited to payment of the full rental fee, service fees, late fees or any other applicable fee(s) agreed to by the Customer prior to the commencement of the rental or during the rental.
If the Customer breaches a term of this Agreement, then the Company may (on behalf of the Merchant) collect payment from deposit for the rental, any loss, damage or other payable fee.
The Customer acknowledges and agrees that all amounts are due and payable upon expiry of the rental period. If the Customer’s payment method declines or results in the Company or Merchant incurring any fees, then the Customer hereby agrees to pay such fees. The Customer agrees that a late payment fee of 1.5% per month (18% per annum) will be charged on any payments outstanding after 30 days, or as permitted under the applicable law.
The Customer acknowledges that the estimated rental rate presented to the Customer prior to booking the rental does not include taxes, late fees, damage fees or any other similar fees.
The Customer expressly agrees that it is solely renting the equipment, and the Customer does not own the equipment. The Customer will not represent to any third party that it owns the equipment or is an owner of same. The Customer and Merchant acknowledge and agree that the Merchant will at all times be the owner of the equipment.
The Customer will not permit any lien, charge or encumbrance to be placed upon the equipment at any time. If any lien, charge or encumbrance is placed upon the equipment, the Customer will pay all fees necessary to discharge such lien, charge or encumbrance within 15 days of notice of registration of same. If the Customer fails to discharge any lien, charge or encumbrance within the aforementioned time frame, then the Merchant may pay all fees reasonably necessary to obtain a discharge of same. The Customer will pay for all fees and expenses reasonably incurred by the Merchant to obtain said discharge.
The Company will not be responsible for any repairs or the replacement of any of the Merchant’s equipment that is placed for rent on the Website.
The Merchant and the Customer acknowledge and agree that they will correspond amongst themselves to address any reasonably necessary repair or replacement of the equipment.
The Merchant hereby indemnifies, defends and holds harmless the Company from any liability that arises from or results from the repair or replacement of the equipment.
The Merchant and Customer acknowledge and agree that the Company will not provide any customer service support regarding the repair or replacement of the equipment.
The Customer will be in default of this Agreement if the Customer commits any of the following:
If the Customer is in default hereunder, the Merchant or the Company (as applicable) may do one or more of the following:
The Customer will pay for all fees, costs and expenses incurred by the Merchant to re-take and repossess the equipment.
The Customer acknowledges and agrees that the Customer will be considered insolvent if:
The Customer will obtain prior to the rental and maintain for the duration of the rental, at the Customer’s sole cost and expense, the following insurance:
All of the insurance policies set out in this Section 15 will:
The Customer agrees that nothing in this Agreement is intended to restrict or limit the breadth of such insurance.
The Customer will pay any deductibles of the aforementioned insurance policies and be responsible for self-insured retentions.
All insurance set out in this Section 15 will include a waiver of rights of recovery against the Merchant and the Company and a include a waiver of subrogation against the Merchant and the Company.
The Customer will provide the Merchant with proof of insurance containing the requirements set out herein prior to the commencement of the rental or as otherwise requested in writing by the Merchant.
The Customer will not sublease, assign or lend the equipment to a third party. If the Customer subleases, assigns or lends the equipment to a third party, such action will constitute a default under this Agreement, and the Merchant is entitled to any remedy set out herein or available at law.
The Customer will keep the equipment at the location disclosed to the Merchant at the time of booking the rental, and will not relocate the equipment without the Merchant’s written consent.
If the Customer loses the keys or fobs to the equipment, then the Merchant may charge the client all reasonable fees incurred by the Merchant to replace such keys or fobs.
For certain equipment, the Merchant may provide the Customer with certain mileage or hours that the Customer must adhere to. If the Customer surpasses the mileage limit or number of hours, then the Merchant may charge the Customer a set fee per mile or hour over the limit. The additional mileage or hourly charge will be calculated by multiplying the number of additional miles driven or hours used on the equipment’s odometer or hourly tracker. The additional mileage or hourly charge will be a reasonably fee set by the Merchant.
The Customer acknowledges and agrees that the Company will not set such fee or provide any support to the Customer or Merchant regarding such fee(s).
The Customer will immediately inform the Merchant of any accident(s), theft or vandalism. The Customer will promptly also report any accident, theft or vandalism involving the equipment to the police.
The Customer will cooperate fully with the insurers of the Merchant and any third parties investigating any accidents, theft or vandalism.
The Customer will return the equipment in a similarly clean condition as when delivered to the Customer. If the equipment is returned to the Merchant, and the Merchant reasonably believes the equipment requires professional cleaning, then the Customer will pay for the cleaning fee(s) reasonably incurred by the Merchant.
If the equipment is seized or in the possession of a third party, the Customer will pay for all recovery costs and expenses (including without limitation legal fees) incurred by the Merchant to recover the equipment.
The Customer will promptly pay for all traffic or parking violations or penalties, towing and impound fees incurred by the Customer or the Merchant during the rental period.
The charges set out in the estimate provided to you at the time of booking through the Website are as a daily rate and will be payable for each full or partial rental day.
Charges for the equipment rental will continue to accrue until the equipment is returned to the Merchant or if the equipment has been stolen while it is in the Customer’s possession and until the Customer reports the theft to the police in that jurisdiction.
The Customer will conduct a daily inspection of the equipment prior to using the equipment, and such inspection will be conducted in accordance with the manufacturer’s specifications.
If safety concerns arise, the Customer will contact the Merchant directly regarding same.
The Customer and Merchant acknowledge and agree that the Company will not inspect the equipment nor will it provide any information or advice regarding the condition of the equipment.
The Merchant hereby indemnifies, defends and holds harmless the Company from any claims, actions, proceedings, losses, liabilities, damages, and expenses arising from or resulting from the condition of the equipment prior to or during the rental period.
This Agreement and any addendum hereto represents the entire agreement between the Merchant and the Customer in respect of the equipment.
There are no oral or other representations or agreements not included herein.
Neither party will be liable to the other party for failure to comply with the terms of this Agreement or performance of the obligations set out herein to the extent such failure has been caused by fire, flood, war, strike, earthquake, natural disaster, epidemic or pandemic or other causes beyond the reasonable control and not sue to the fault of the non-performing party.
Any failure of the Merchant to insist upon strict performance by the Customer of any terms and conditions of this Agreement will not be construed as a waiver of the Merchant’s right to demand strict compliance of this Agreement.
The Customer will pay all fees set out herein, including but not limited to the rental charges, without any offsets, deductions or claims.
Headings in this agreement are for convenience of reference only and will not affect the meaning, construction, scope or effect of this Agreement.
[a]*Include clause limiting our liability w/ respect to third party claims.
[b]Add a dispute resolution clause – Mediation?
[c]Add insurance section