[vc_row][vc_column][rentit_conatainer class=”dark” css=”.vc_custom_1465529857711{background-image: url(https://bideksolutions.ca/wp-content/uploads/2016/01/oil-and-gas-data-management-1.jpg?id=10815) !important;background-position: center !important;background-repeat: no-repeat !important;background-size: cover !important;}”][rentit_section-title h=”Terms & Conditions”][/rentit_conatainer][/vc_column][/vc_row][vc_row][vc_column][rentit_conatainer css=”.vc_custom_1465506644571{background-color: #ffffff !important;}”][vc_row_inner][vc_column_inner][vc_column_text]TERMS AND CONDITIONS

These Terms and Conditions govern the use of the services, products and equipment of Bidek Solutions Inc.

By accessing our website and/or using services, products and equipment you consent and agree to be bound by these Terms and Conditions.

 

 

  1. DEFINITIONS

In these Terms and Conditions:

“Agreement” refers to the covenant between the Owner and the Customer subject ton the Terms and Conditions herein and on the Customer’s invoice.

“Customer” refers to the client/party who enters in to an Agreement with the Owner, its subsidiaries, affiliates, officers, agents, partners, employees, successors, heirs, executors, administrator and assigns.

“Owner” refers to Bidek Solutions Inc., its subsidiaries, affiliates, officers, agents, partners, employees, successors, heirs, executors, administrator and assigns.

“Equipment” refers to the list of equipment listed for rent or lease in the Bidek solutions Inc. website. This includes Air Conditioners of any make or model which the Customer has agreed to rent from the Owner.

“Payment Period” refers to the time intervals for which the Customer has agreed to make periodic payments.

“Term” refers to the total period for which the Customer has agreed to rent the Equipment.

“Long term rent” refers to rental period above 1 month.

 

  1. PAYMENT
    1. The Customer shall make regular payments to the Owner according to its Payment Period. Below expands on the payment terms for air conditioner rentals.
    2. All amounts charged during each Payment Period are exclusive of GST.
    3. All payments are due and payable at the beginning of the Payment Period.
    4. The Customer shall also pay a charge comparable to the appropriate rental amount for the Payment Period by which the Term has been extended in the event of a late return of the Equipment or in the event that the Customer does not make the Equipment available for pick up on the agreed upon pick up time.
    5. The Customer shall be responsible for all costs, fines, penalties and/or expenses relating to or arising from the use of the Equipment except where due to gross negligence or wilful misconduct of the Owner.

 

  1. SECURITY DEPOSIT

The Customer shall provide to the Owner a security deposit payable at the commencement of the Term.

The Owner may use the security deposit to cover any outstanding amounts due under this Agreement; and if no such amounts are outstanding, the security deposit shall be returned to the Customer at the termination of the Agreement.[1]

The security deposit provided by the Customer shall be forfeited to the Owner to the extent required to reimburse/indemnify the Owner in the event of any loss or damage to the Equipment.

 

  1. LOCATION

During the Term of the Agreement, the Equipment shall be located at agreed upon premises of the Customer, and shall not be moved to any other location, unless expressly consented to in writing, by the Owner.

 

  1. USE AND CARE

The Customer shall use the Equipment for the purpose for which it was designed, and not for any other purpose.

The Customer shall operate and use the Equipment in a careful and proper manner, consistent with its recommended usage and requirements. The Customer assumes all risks of loss or damage to the Equipment from any cause, except where due to gross negligence or wilful misconduct of the Owner.

The Customer expressly agrees that the Equipment shall be returned to the Owner in the same condition as it was received, except for normal wear and tear.

The Equipment is not to be used or operated by a child. The Customer expressly agrees that it shall not cause or allow any child to access or operate the Equipment. The Customer accepts and assumes full liability and agrees to hold harmless the Owner for any injury arising from or related the access or operation of the Equipment by a child.

 

  1. INSPECTION

The Owner has the right to inspect the state and condition of the Equipment on long term rent during normal business hours, and upon the provision of 48 hours’ notice to the Customer.

[1] The security deposit held by the Owner shall bear no interest.

 

  1. RENEWAL

At the expiration of its Term, the Agreement may be renewed on such terms as the parties may agree upon. Such renewal shall be in writing and signed by all the parties.

 

  1. DELIVERY AND ACCEPTANCE

The Customer shall inspect/examine the Equipment upon delivery and shall immediately notify the Owner of any defects; or any failure of the Equipment to function properly/as it should.

 

  1. REPAIR AND ALTERATION

The Customer shall not make any repairs or alterations to the Equipment. The Customer shall not service or replace the Equipment or any par thereof. The Customer shall immediately notify the Owner of any loss or damage caused to the Equipment and the Owner shall arrange to have the Equipment repaired or replaced at the Customer’s cost and expense.

At the discretion of the Owner, the Payment Period and all amounts due shall continue to run during the period necessary to repair or replace the Equipment.

 

 

  1. OWNERSHIP OF EQIPMENT

The Equipment is and shall remain the property of the Owner, no transfer of title is contemplated by this Agreement or any other arrangement made hereunder.

The Customer shall not pledge or encumber the Equipment or allow the Equipment to be encumbered in any way.

The Customer shall immediately notify the Owner if the Equipment is levied, attached, seized or threatened to be encumbered in any way in the satisfaction of any claim, debt, judgment or any other satisfaction.

 

  1. WARRANTY

The Owner makes no warranty express or implied regarding the Equipment, its use or fitness for purpose, other than as provided by the manufacturer.

The Owner shall replace the Equipment with an identical or similar one if it fails to operate in a manner that is reasonably in accordance with the manufacturer’s specifications. Such replacement shall be made as soon as practicable after the non-operational Equipment is returned to or picked up by the Owner.

 

  1. INDEMNITY

The Customer shall indemnify and hold the Owner, its subsidiaries, affiliates, officers, agents, partners, employees, successors, heirs executors, administrator and assigns harmless for all injuries, damages, claims, causes of actions, demands, suits, costs, loss, expenses or liabilities arising out of or related to the use or operation of the Equipment; except to the extent caused by the Owners gross negligence or wilful misconduct.

The Owner will not be liable for any incidental, indirect, special or consequential loss or damage arising from the use or operation of the Equipment.

 

  1. DEFAULT

The occurrence of any one or more of the following events shall constitute a default under this Agreement:

  1. Failure to make a required payment when due;
  2. A breach of any of the terms of this Agreement; and
  3. The Customer becomes insolvent, bankrupt or makes an assignment for the benefit of his creditors.

 

  1. TERMINATION

This Agreement shall terminate at the end of the Term or at the occurrence of a defaulting event, at the instance of the Owner.

Should the Customer terminate this Agreement prior to the expiration of the term herein, he shall be liable for the payment of all amounts outstanding under this Agreement, including the balance payable for the rental period(s) until the end of the term of this Agreement.

 

  1. WAIVER

No failure of the Owner to enforce any of its rights under this Agreement shall be construed as a waiver of such or subsequent breaches.

A waiver of any breach shall not be construed as a waiver of subsequent breaches.

The Owner’s acceptance of any payment with the knowledge of any default by the Customer does not constitute a waiver of the default or breach.

 

  1. ASSIGNMENT

The Customer shall not transfer or assign the entire Agreement or any portion thereof, without first obtaining the written consent of the Owner. Any such transfer or assignment, without consent, shall constitute a default of this Agreement and shall be void.

 

  1. NOTICES

All notices required under this Agreement shall be served upon the Owner at it registered head address; and upon the Customer at the address provided by the Customer in the invoice.

Service of such notice shall be deemed effective on the date of delivery if delivered by personal means; and on the day after the date shown on the proof of delivery, if using any other means.

 

  1. REPRESENTATIONS

Any prior or subsequent understanding, representation or communication, except as contained herein or in the Customer’s invoice shall not be binding on the Owner.

 

  1. APPLICABLE LAW

This applicable law shall be the laws of the province of Alberta and the Customer and the Owner agree to submit to the jurisdiction of the courts of Alberta.

 

  1. FORCE MAJEURE

Except for the provisions herein relating to payment of rental fees and any other charges, neither party shall be liable for failing to perform its obligations hereunder where such failure is as a result of conditions beyond its reasonable control such as wars, riots, trikes, insurrections, governmental restrictions, natural disasters or acts of God.

Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

 

The Customer acknowledges that he has read, understood and agrees to all the foregoing.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner][vc_empty_space][/vc_column_inner][/vc_row_inner][/rentit_conatainer][/vc_column][/vc_row]