Sitra Furniture Rentals
Terms and Conditions
Signature on your Sitra Estimate constitutes acknowledgement and acceptance from Sitra Furniture Rentals Inc the equipment, merchandise and terms/conditions described and identified in this contract as of the date signed.
In construing the Rental Agreement (the “Agreement) the singular shall include the plural and vice versa, and words importing the masculine shall include the feminine and the neutral genders and vice versa and words importing persons shall include the corporations and vice versa. The person or corporation named as the customer on this Rental Agreement (the “Customer) shall rent from Sitra Furniture Rentals (“Sitra”) the equipment and other items more particularly described on the Estimate (the “Equipment”) in accordance with the following terms and conditions.
AUTHORITY: Where the Customer is a corporation or is other that the person signing this Rental Agreement represents and warrants that he or she has full right and authority of the Customer to sign this Rental Agreement on the Customer’s behalf.
PURCHASE ORDER: In the event that the provisions of the Customer’s purchase order conflict with the terms of this Rental Agreement, this Rental Agreement shall govern and supersede the terms of the Customer’s purchase order.
TITLE: Sitra Furniture Rental shall retain ownership and title to the Equipment. No ownership or title of the Equipment is transferred or assigned to the Customer under this Rental Agreement.
USE: The Customer shall operate, maintain and/or store the Equipment in a clean, safe and secure place. The Customer shall operate maintain and/or store the Equipment in the manner contemplated by the manufacturer and/or the supplier of the Equipment. The said Equipment and/or merchandise will be used for the sole purpose for which it was manufactured and intended in accordance with all applicable laws, by-laws, and rules and regulations affecting the use of it.
PAYMENT OF CHARGES: The Customer shall pay to Sitra:
a. Rent for the Equipment at the rates set out in the Rental Agreement and taxes thereon from the time and date of delivery of the Equipment to the Customer to the time and date of the return of the Equipment by the Customer to Sitra;
b. The costs, charges and expenses of replacement, repair or restoration of the Equipment, and compensation for the loss of rental income. Howsoever caused under the terms of this Rental Agreement;
c. Any and all costs, charges, expenses or outlays incurred by Sitra in exercising its remedied hereunder or otherwise on default by the Customer, including solicitors fees on a solicitor and client bases, bailiff’s fees, parking infractions and transportation charges;
d. The cost of cleaning any Equipment not returned in a reasonable clean condition;
e. Interest on any overdue amounts payable to Sitra by the Customer under this Rental Agreement at the rate of 2% per month (24% per annum);
RESERVING EQUIPMENT: Equipment and items will be reserved only upon receipt of a valid credit card, a signed rental contract and a 50% NON-REFUNDABLE deposit (cash, cheque or credit card).
CUSTOM ORDERS POLICY: All custom orders require full NON-REFUNDABLE payment before work will begin. Sitra reserves the right to accept or deny other payment schedules offered by the Customer. Should the Customer prior to completion cancel the item, the Customer forfeits all claims on any deposit made. If an alternative payment schedule was accepted, Sitra reserves the right to request full payment for the cancelled item at their discretion.
FINAL PAYMENT: Full payment is due two weeks prior to event. No orders will be scheduled for delivery until full payment is received. An order is considered complete 2 days prior to scheduled delivery. A $25 surcharge will be added to your account each time a completed order is changed. Orders made with less then two weeks lead-time to the event must be paid for in full to be considered confirmed orders.
CANCELLED ORDERS: Sitra does not provide refunds for cancelled orders once a signed Estimate has been received. Any outstanding balance at the time of cancellation is due in full payment..
NO REFUND POLICY: Sitra does not provide refunds for cancelled or reduced orders once a signed Estimate has been received. Any and all requests for changes to a signed estimate by the Customer are at Sitra’s discretion and may be subject to additional service fees. Any changes made to an order onsite are also not eligible for a refund and may be subject to service fees.
PAYMENT METHODS: Sitra accepts cash, cheques, VISA, MasterCard and American Express. Please note that payments made by credit card are subject to an additional 5% service charge.
LOSS OR DAMAGE: The Customer shall at all times, to the full extent permitted by law, indemnify and save harmless Sitra Furniture Rental from any and all claims, demands, suits, losses, costs, expenses (including all counsel fees), damages of recoveries, (including amounts paid in settlement) which may be obtained against, imposed upon, or suffered by Sitra as a result of the Customer’s use (or misuse) of the Equipment. The parties acknowledge that this indemnity shall survive the termination of this Rental Agreement by any manner or means. Customer is responsible for any loss to rented equipment (including damage from theft, fire, water, wind, lightening, elements, explosions, or other environmental or atmospheric conditions) and must maintain adequate insurance on rental equipment to provide for it’s full replacement value.
RETURN OF THE EQUIPMENT: The signature on the Rental Agreement indicating that the Equipment has been returned shall not constitute an acknowledgement by Sitra that the Equipment has been returned in its entirety; in an undamaged condition or in accordance with the terms of this Rental Agreement and that said signature shall not act as a waiver of any of Sitra’s rights under this Rental Agreement against the Customer.
FORCE MAJEURE: For all purposes hereof, force majeure includes, but is not limited to, any act of God, war, mobilization, governmental regulation, strike, lockout, drought, flood, total or partial fire, obstruction of navigation, loss, damage or detention in transit, interruption or failure of electricity [or telephone service], defective materials or delays by shippers, or other contingences or causes beyond Sitra’s control which might prevent the manufacture or delivery of Goods covered hereby. Performance of Sitra’s obligations may be suspended pending force majeure, with Sitra not being responsible to the Customer for any damages or losses resulting from such suspension.
ASSIGNMENT: Sitra may assign its rights under this Rental Agreement and transfer it’s title and interest in the Equipment to any party without the prior written consent of the Customer. The customer may not assign any of its rights and obligations under this Rental Agreement without the prior written consent of Sitra.
INDEMNIFICATION: The Customer agrees to indemnify and hold harmless Sitra against any losses, liabilities and claims arising out of or relating to this transaction.
ENTIRE AGREEMENT:This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and supersedes all prior agreements, understandings, negotiations and discussions whether oral or written, of the parties and there are not warranties, representations, or other agreements between the parties in connection with subject matter of this Rental Agreement except as set forth in this Rental Agreement.
a. This Rental Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein,
b. All parties (party) to this Rental Agreement have required that this Agreement be drawn up in the English language.
c. This Rental Agreement shall be binding upon and shall ensure to the benefit of all parties and their respective heirs, legal representatives, executors, administrators, successors and permitted assigns,
d. The said Equipment was personally examined and inspected by us and found to be in first class condition when received. Further the use of the said Equipment and/or merchandise will be discontinued immediately if the same is found to be unsafe or in a state of disrepair and Sitra will be notified immediately of said facts and Sitra, in consideration of the mutual covenants, agree that it will with reasonable dispatch after receiving this notice, replace such equipment in good working condition,
e. Immediately upon termination of this agreement the customer will return the rented merchandise and/or Equipment for a period beyond that stated subject to overtime charges at the sole discretion of Sitra. Customer will ensure that Sitra’s markings on rental equipment are not removed or defaced.
By signing your Sitra Estimate, the Customer herby accepts all TERMS AND CONDITIONS set forth of this rental agreement, which the undersigned has read and understands.