Equipment Rental Terms & Conditions
All rentals made by Urban Grow Garden Supply (hereinafter called "Lessor") to its equipment rental customers (hereinafter called “Lessee”) are subject to the following Equipment Rental Terms and Conditions. Lessee’s acceptance of these terms and conditions shall be made by either (a) Lessee providing a purchase order number to Lessor or (b) Lessee’s acceptance of any equipment from Lessor, whichever occurs first.
Availability, Acceptance, and Governing Provisions:
All equipment rentals are subject to the availability of equipment at the time of order. No orders for equipment rental machines or products of Urban Grow Garden Supply shall be binding upon Lessor until accepted in writing by an authorized official, and in all events, any such order shall be subject to these terms and conditions which shall be deemed part of such order upon acceptance thereof by Lessor. No additional agreements will be binding upon Lessor unless specifically agreed to in writing. Failure of Lessor to object to provisions contained in any purchase order or other communication from a Lessee shall not be construed as a waiver of these terms and conditions, nor an acceptance of any such provisions. This contract and these terms and conditions shall constitute the entire agreement between Lessor and Lessee, and shall be governed by and shall be construed according to the internal laws of Canada.
Security Deposit:
A security deposit of CAD $500.00 will be left with the Lessor and refunded upon return of the equipment in the proper conditions. If the equipment is in any way damaged, missing, lost, stolen, or physically broken, the security deposit will be forfeited and the Lessee shall be charged for the retail value of the equipment damaged.
Rental Period:
The rental period begins on the day of shipment from the originating rental facility and ends on the day of the equipment return to the originating facility. No allowance is made for Sundays, Holidays, or time in transit. Lessee is obligated to return equipment to the originating facility or incur additional expense unless other arrangements have been agreed to in writing by Lessor’s authorized official.
Equipment Usage:
Lessee agrees that equipment usage shall be normal and customary, and warrants that Lessee is familiar and experienced in the safe operation of portable weld prep machining equipment. Training in proper handling and safe operation is strongly recommended for inexperienced or first-time users of the equipment. Lessee agrees that equipment rental does not grant Lessee any title or property rights in the equipment, all title and property rights shall remain with the Lessor.
Condition of Equipment:
Lessee hereby acknowledges receipt of the equipment in good working order. Lessee further acknowledges that it has examined the equipment and declares that it has received all of such equipment in secure and good working condition. Lessee’s failure to object in writing to the condition of the equipment within 6 hours after receipt thereof shall be deemed conclusive that all of the equipment was in good working order when delivered.
Payment:
All prices are quoted, and payments must be received, in Canadian Dollars (CAD). Unless otherwise expressly stated all prices are subject to change without notice. Visa, MasterCard, and American Express are also accepted, COD or cash in advance will be required.
Shipping and Freight Charges:
The Lessee is responsible for all freight charges incurred on all equipment rental and accessory orders, both outbound and inbound, from the originating Lessor’s facility. Freight shipments arranged by Lessor are prepaid and will be added to the Lessee’s invoice subject to an additional handling charge as applicable. Equipment may be shipped Freight Collect or charged to the Lessee’s shipping account if Lessor is supplied Lessee’s carrier information at order acceptance.
Taxes and Other Charges:
Lessee shall bear applicable federal, state, municipal, and other government taxes (such as manufacturer's tax, retailer's occupation tax, use tax, sales tax, excise tax, duty, custom, inspection or testing fee, etc.) Taxes, fees, or charges of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Lessor and Lessee, are not included in prices shown and must be added in the sales record of Lessee. Exemption certificates, valid in the place of delivery, must be presented to Lessor at order acceptance and before shipment if they are to be honored.
Damage, Loss, or Missing Components:
Lessee agrees to pay for any damage or loss of the equipment, regardless of cause, and keep the equipment, tools, and accessories in good repair and operating condition at all times. Equipment returned from Lessee inoperative, damaged, or with missing components will be refurbished to original working order by Lessor at Lessee’s expense. Lessee shall be notified of refurbishing and missing component costs, including parts and labor, before the repair. All equipment that cannot be returned to Lessor due to nuclear contamination or other causes will be invoiced to Lessee at its current published list price.
Loaner Equipment:
Loaner equipment is subject to these terms and conditions, ask your sales representative for details. As per equipment rental agreements, the customer shall be responsible for all outbound and inbound prepaid freight charges, plus lost or damaged parts, on machines loaned while awaiting delivery of new equipment. Standard daily rental rates will be billed from 2nd day onward until the loaned equipment has been received at the originating Urban Grow Garden Supply facility.
Liability and Indemnity:
The Lessee shall be liable for all damage arising from equipment rental use, misuse, or negligence of the Lessee, including any accidents to persons or property arising thereof. Lessee covenants and agrees to indemnify and hold harmless Lessor free from any claims, actions, suits, damages, and liabilities, including attorney’s fees, arising out of, connected with, or resulting from the rented equipment and/or its complementary tools or attachments. This includes, without limitation, the manufacture, selection, delivery, possession, or use of the rented equipment.
Consequential Damages:
Lessor shall not be liable for any consequential, incidental, or contingent damages whatsoever.
Subletting:
No part of the equipment shall be sublet, transferred, or assigned by Lessee or removed from the location at which it was intended by Lessor to be used, as represented by Lessee, except with the prior written consent of Lessor.
Title:
Title to the equipment is now and at all times hereafter shall remain and be vested only in Lessor. The lessee shall keep the lessee's interest in this agreement and the equipment free from all liens and encumbrances.
Default:
In the event of Lessee's default or breach of any term or condition of this agreement, Lessor may terminate this agreement and declare the entire unpaid balance immediately due and payable, and in addition to any remedy provided by law, at Lessor's request Lessee shall immediately: (a) assemble the equipment and make it available to the Lessor at Lessor's premise, or at such other place as Lessor may designate.
General:
These terms and conditions, as published on the Urban Grow Garden Supply website located at www.urban-grow.ca at the time of equipment rental, are the official equipment rental terms and conditions between Urban Grow Garden Supply (Lessor) and equipment rental customer (Lessee), and may be amended from time to time without notice at Lessor’s sole discretion.