[cs_content][cs_element_section _id=”1″ ][cs_element_layout_row _id=”2″ ][cs_element_layout_column _id=”3″ ][cs_element_text _id=”4″ ][cs_content_seo]RENTAL TERMS & CONDITIONS
By accessing our website, you, the user, agree to the terms and conditions set out herein. These terms and conditions may change at our discretion any time, and without notice. All orders and purchases made through this site are also governed by these terms and conditions.
By making a purchase on our website you are entering into a rental agreement (the “Rental Agreement”). By entering into the Rental Agreement, you (the “Renter”) agree to rent the equipment as specified in the invoice and or order confirmation email (the “Equipment”) issued by 100001766 Ontario Inc., operating as “CommunoBox”, (the “Owner”) to the Renter (the “Invoice”) according to these terms and conditions:
The Owner hereby rents to the Renter, and Renter hereby rents from the Owner, the Equipment subject to this Rental Agreement. Upon delivery of the Equipment by the Owner at the Renter’s home or place of business, it is the Renter’s responsibility to determine that the order is complete and to immediately notify the Owner prior to taking delivery, of any discrepancies.
The rental will begin on the date of the scheduled delivery. The manner by which “Delivery” and “Collection” are to be accomplished are described below. Equipment will be delivered by the Owner to Renter’s home or place of business and will be collected by the Owner at the end of the rental period. Regardless of the period of rental specified in the Rental Agreement, the Owner may, by notice to the Renter, cancel the Rental Agreement at any time during the term of rental if the Owner deems that the Renter is misusing the Equipment, the terms of this Rental Agreement are not being met, or the Renter has breached the Rental Agreement in any other manner.
DELIVERY AND RETURN
The Renter, via this Rental Agreement, acknowledges that the Equipment has been delivered when it is in the possession of the Renter, or any agent of the Renter who is over the age of 18 and is located at the Renter’s designated address. The Owner will be responsible for delivering the Equipment to the Renter’s home or business on the scheduled delivery date. The Renter grants the Owner the right to enter the property at the said address for the delivery and entry at the collection address to pick-up the Equipment at the specified time. The Renter will only release the Equipment to an employee of the Owner.
The Equipment shall be deemed “Returned” to the Owner when it has been collected by the Owner in good working condition. Equipment that has been damaged or destroyed while in the possession of the Renter, or a third party of the Renter, shall not be deemed to have been “Returned” to the Owner until such time that the Owner has received the full replacement value of the Equipment from the Renter, including payment of any unpaid and or continuing rental charges. Likewise, Equipment that has been lost, stolen or seized by a government agency while in possession of the Renter, or an agent of the Renter (including, but not limited to, drayage houses, storage facilities and/or hotel concierge desks), shall not be deemed to have been Returned to the Owner until the Owner has received full replacement value of the Equipment from the Renter or the Renter’s insurer, including payment of any continuing rental charges, or the Equipment has been released by the government agency or third party and is in the physical possession of the Owner, in an undamaged condition.
RENTAL RATES AND CHARGES
Rent must be paid to the Owner in accordance with the Invoice prior to the delivery of the Equipment to the Renter’s home or business. The Owner will assess an extra delivery charge of $40.00 for additional deliveries or collections not included in the Invoice. If the Renter is not available on the scheduled delivery or collection date and time, the Renter will be assessed an additional charge of $40.00 for the Owner to make another delivery or collection attempt. No allowance will be made for items delivered but not used by the Renter. If the Renter returns the Equipment to the Owner any time after the time and dates the rental period ends, the Renter will pay the Owner an additional rental charge per week, with a minimum of 1 week. If the Renter fails to return the Equipment within 2 weeks of the agreed upon pick up date, the Equipment will be deemed lost, and the replacement value will be assessed, as described below.
The Renter may extend the Rental Term by up to two weeks so long as the Renter notifies the Owner in writing of his/her intent to extend the rental period within 48 hours prior to the collection date indicated on the order. The Owner is under no obligation to grant an extension and any extension will be solely at the Owner’s option. Rental extensions will be charged at the time of the extension request and shall be calculated based on the moving bundle, any additional equipment rented, collection date and time. The Renter will pay the Owner a rental extension charge for the following moving bundles with a minimum of 1 week:
Studio/1 Bedroom Moving Bundle = $35.00 per week
2 Bedroom Moving Bundle = $45.00 per week
3 Bedroom Moving Bundle = $55.00 per week
4+ Bedroom Moving Bundle = $65.00 per week
Startup Moving Bundle = $75.00 per week
Mid-size Company Moving Bundle = $125.00 per week
Large Company Moving Bundle = $175.00 per week
RISK OF LOSS
Promptly upon the arrival of Equipment at the Renter’s property, the Renter will carefully inspect the Equipment to determine whether it has been damaged during delivery. In the event of any such damage, the Renter will promptly inform the Owner and a replacement will be provided. If the Renter shall fail to notify the Owner of any damages within one (1) business day of the receipt of the Equipment, then the Renter shall be deemed to have accepted the Equipment as being in acceptable operating condition. The Renter shall have full responsibility and liability to the Owner for the actual cost to replace any property which during the period between Delivery to the Renter and Collection by the Owner has been lost, stolen, or damaged from any cause whatsoever (other than ordinary wear and tear, as to be determined in the Owner’s sole discretion). The Renter assumes any and all risk of loss once the property leaves the Owner’s place of business until such time as the property is returned to the Owner in the manner provided herein, except at such times as the equipment is in the exclusive control of authorized employees of the Owner.
The Owner and the Renter agree that the current replacement value of the Equipment is as follows: reusable eco-friendly moving boxes is $30.00 per moving box and $120.00 per CommunoBox Dolly.
OPERATION & INDEMNIFICATION
The Owner is not responsible for the results of any loss or damages caused by the Renter’s move. The Renter and third parties, therefore, agrees to use the Equipment safely and only in the manner for which it is intended to be used. The Owner is not responsible for any personal injury or property damage resulting from Renter’s misuse, unsafe use, or reckless use of the Equipment. The Renter and third parties hereby agree to indemnify and hold the Owner and its respective officers, directors, employees, agents, successors and assigns harmless from and against any and all losses, damages, expenses and/or claims, including legal fees and other costs of defending any proceeding, arising out of Renter’s possession, use or operation of the Equipment during the time between delivery of the Equipment to the Renter and its Collection by the Owner. This paragraph shall survive the expiration or termination of the Rental Agreement.
This Rental Agreement constitutes a rental and not a sale of Equipment or the creation of a security interest therein. No part of the rental payments made under this Rental Agreement shall be deemed payment towards the purchase of any of the Equipment. Title to the Equipment shall remain at all times the sole and exclusive property of the Owner. The Renter hereby acknowledges the Owner’s ownership and title in the Equipment and agrees to keep the Equipment free of all liens, levies, and encumbrances. This Rental Agreement constitutes a rental to the Renter exclusively and the Renter shall not assign any rights under this Rental Agreement.
ALTERATION AND MAINTENANCE
No alteration to the Equipment may be made without the prior written consent of the Owner and shall not deface, remove, or cover any nameplate on the Equipment showing the Owner’s ownership. Only the custom removable box labels provided by the Owner to the Renter, are permitted to be used on the Equipment. All Equipment shall be operated in accordance with applicable Federal, provincial or local laws. Proper care and maintenance of the Equipment during its use will be the responsibility of the Renter. Equipment, which is returned in a condition requiring heavy cleaning or repairs due to excessive wear and tear or mishandling will be brought back to a rentable condition at the expense of Renter. Charges shall be incurred by the Renter for cleaning Equipment if it is returned in an excessively dirty condition that requires extraordinary cleaning. This includes, but is not limited to, adhesive labels, spillage of fluids, food, pen marks, other stains, and unpleasant odors. The charge for excessively dirty equipment is $3.00 per item of Equipment. Ordinary wear and tear are expected.
The Owner warrants that the Equipment is in satisfactory operating condition at the time of delivery and will replace (if possible) at no charge, any Equipment that fails during normal operation, but not as a result of damage or mishandling. The Owner is not responsible for the methods or conditions of Equipment operation or for the results obtained.
DEFAULT AND REMEDIES
Renter shall be deemed to have breached this Agreement if the Renter: (A). Defaults in any payment as set forth in the Renter’s order form. (B). Defaults in any of the terms herein and such default shall continue uncorrected for five (5) days after written notice hereof to Renter by the Owner; or (C). Becomes insolvent, or if a petition is filed by or against Renter under the Bankruptcy Act or any other law concerning the relief of debts, or the petition is not discharged within 30 days.
In the event of any default by the Renter, the Owner shall have the right to declare the entire amount of unpaid rental payments immediately due and payable, and the Owner shall have the right to immediately terminate this Rental Agreement. In the event of such termination, the Owner may enter into the premises where the Equipment is located and remove same. All costs and expenses to recover Equipment and/or rental fees, including legal fees incurred in the execution of this section, will be paid by the Renter forthwith. In the event that the Owner takes any action, judicial or otherwise, to interpret or enforce any of the terms of this Rental Agreement, the Owner shall be entitled to recover all expenses it may reasonably incur in taking such action, including but not limited to attorney’s fees, agency fees, contingent collection fees, expenses, and costs, whether incurred in trial court, on appeal, in bankruptcy, or in connection with non-judicial action.
The Rental Agreement constitutes the full agreement between the Owner and the Renter. Time is of the essence in this Rental Agreement. The Renter agrees that this Rental Agreement is the entire agreement between the Renter and the Owner and may not be changed without the written consent of both the Owner and the Renter. The Renter hereby represents to the best of its knowledge, that all information provided to the Owner is true and correct. By checking this Rental Agreement and accepting delivery of the Equipment from the Owner, the Renter agrees to be bound by all of the terms and conditions of this Rental Agreement. Further, by checking this Rental Agreement, the signatory hereby represents that they are an authorized agent of the Renter or are otherwise authorized to bind the Renter to this Rental Agreement.
(A). Four (4) days or more in advance of the scheduled delivery date are charged $20.00;
(B). Three (3) days before costs $60.00;
(C). The day before or same-day cancellations are half the cost of the order.
The Renter acknowledges and agrees that the Owner has included this cancellation fee due to all the internal labor costs and logistical costs that the Owner spend to prep and load the Renter’s order for delivery.
Neither party will be liable for any loss, detention, default, damage or delay (each, a “Setback”) in fulfilling its obligations under this Rental Agreement where such Setback is caused by or results from conditions or causes beyond its reasonable control including, but not limited to, shortage of water, power, or facilities, breakdowns in or the loss of production, lockouts, labour controversies, governmental controls or regulations, war, riots, terrorism, civil insurrection, epidemic, pandemic, embargoes, wrecks, delays in transportation, extreme weather conditions, fire, flood, explosions, and acts of God.
If any provision of this contract is invalid, it shall be considered deleted from this Rental Agreement and shall not invalidate the remaining provisions of this Rental Agreement. The terms of this Rental Agreement shall survive the expiration of the term.\n\n[/cs_content_seo][/cs_element_layout_column][/cs_element_layout_row][/cs_element_section][/cs_content]