THIS EQUIPMENT RENTAL AGREEMENT is made as of the ______day of, 20_____
Between:
Ainfrarentals.ca (hereinafter called the “Owner”)
and
__________________________________________________ (hereinafter called the Customer”)
WHEREAS:
The Owner is an Province corporation operating under a trade name and style known as “Ainfrarentals.ca”. The Owner has agreed to rent to the Customer on an “as is and where is” basis, certain equipment (“Equipment”) listed and described in Schedule “A” to this Agreement on the terms and conditions contained herein.
The Customer is an individual or an Province corporation with its address at _________________________________________________________________________
Accordingly, the parties agree as follows:
1. EQUIPMENT TERMS AND CONDITIONS
a. The Owner shall, at the Owner’s expenses, supply all lubricants and parts for the Equipment and shall, at the Owner’s expense, carry out all necessary and appropriate maintenance and repairs to the Equipment prior to the Equipment being rented by the Customer. The Customer may purchase a prepaid fuel charge.
b. The rental term (“Term”) for this Equipment shall be from __________________ to _________________ 20____. The Term is subject to change at the Customer’s request.
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c. The rent payable during the Term by the Customer under this Agreement is as set out in Schedule “A” and is payable in full and in advance together with all applicable sales, use, goods, services and other taxes properly payable in respect of this rental by the Customer under the laws of the Province, and the laws of Canada as applicable therein (“Applicable Law”). The Customer agrees to pay the stated rental amount together with all other charges accruing under this Agreement without proration, reduction or setoff and the Customer shall remain liable for all loss of and damage to the Equipment until such a time when the Equipment is physically returned to, delivered to, or picked up by the Owner. Payment of any other rental fee as determined by the Owner and any other amounts which may become payable under this Agreement shall be made on demand together with all applicable taxes. Amounts not paid when due shall bear interest at the rate of twenty four percent (24%) per annum calculated and compounded monthly. The Customer authorizes the Owner to charge any such fees or costs payable herein.
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d. The Customer acknowledges and undertakes that unless otherwise agreed to in writing that:
the Owner shall not grant to the Customer a reduction in rent for non-use of the Equipment;
the Owner shall be authorized to deduct any amount owed from an initial deposit made by the Customer to the Owner;
no initial deposit shall limit the Customer’s liability to the Owner; and
all initial deposits shall be deemed not refundable.
e. The Owner undertakes to deliver the Equipment to a site (“Site” means the delivery address or place of use of the Equipment) as mutually agreed to by the Owner and the Customer. Delivery shall be deemed to have occurred at the time and place the Owner offloads the Equipment at the Site and the Customer must either accept or reject delivery upon delivery of the Equipment to the Site.
The Owner may request that the Customer, their agent or employee provide government issued photo identification at the time of delivery.
If the Customer requests assistance from the Owner to transport the Equipment from the point of delivery at the Site to any other location within the Site, any such transportation is deemed to occur after delivery and at the direction, risk and liability of the Customer.
f. The Customer undertakes to be on Site upon delivery of the Equipment by the Owner. Delivery of the Equipment by the Owner shall attract additional fees as will be agreed upon by the parties. Additional fees will be charged to the Customer for any waiting time incurred by the Owner because the Customer is not on Site.
g. The Customer shall ensure that the Owners’ agents/authorized personnel have unrestricted access to the Site during and only for the sole purpose of delivering and, where required, installing the Equipment.
h. The Customer undertakes that upon delivery of the Equipment by the Owner and the acceptance of such delivery by the Customer, unless the Customer rejects the delivery immediately, such acceptance by the Customer shall be an acknowledgement that each component or part of the Equipment or the whole Equipment is complete, in good repair and working condition and in all ways fit for the purpose for which the Equipment was leased/rented.
i. The Customer acknowledges to have read and understood all applicable laws, rules and regulations as applicable, or deemed applicable, to the lease/rent/use of the Equipment and further undertakes to comply with all laws, rules and regulations applicable at the Site where the Equipment will be used. The Customer further undertakes to comply with all user manuals and all training instructions, as applicable, to the Equipment.
j. The Customer undertakes to comply with and to follow all safety procedures and requirements as prescribed by the Owner, is industry standard and as set out in legislation (“Safety Procedures”) for the use of the Equipment. Equipment shall only be used for its intended purpose in a reasonable and safe manner.
k. The Customer undertakes to and shall obtain any and all licenses as may be required for the proper use of the Equipment by all the Customer’s agents and authorized personnel. The Customer further undertakes that only the Customer’s authorized agents and personnel who maintain valid individual licenses and/or certifications for the operation of the Equipment shall be authorized to operate, use and store the Equipment.
l. The Customer at its own cost, undertakes to keep the Equipment in a good operating condition and state of repair during the Term of this Agreement, including making all necessary replacements of and repairs to the Equipment to ensure that the value and operating efficiency of the Equipment is maintained and preserved, reasonable wear and tear excepted. All repairs and replacements contemplated in this clause shall only be effected with the prior consent of the Owner.
m. Neither party may assign or transfer its rights and interests under this Agreement (whether by operation of law or otherwise) to a third party without the prior written consent of the other party; provided that each party may assign or transfer this Agreement to an affiliate by providing prior written notice to the other party of such assignment or transfer; provided further, that such assignment is not inconsistent with applicable laws, rules, regulations or the terms and conditions of this Agreement. No assignment or delegation hereof should relieve the assignor of its obligation under this Agreement. Any attempted assignment or transfer that is not permitted is void ab initio. Without limiting the generality of the foregoing, this Agreement shall be binding upon and shall enure for the benefit of the parties’ respective successors and assigns and the assigning party will remain liable for the performance of any assignee.
n. The Owner may where the circumstances warrant same, and at its sole option and unfettered discretion, repair and/or replace the Equipment, or return the unused portion of the rental amount and cancel the Agreement provided that the Equipment or any part thereof is defective. This does not apply if the Equipment has been damaged as a result of any acts or omission of the Customer, through a breach of the provisions of this Agreement, and/or by the use/operation of or improper storage of the Equipment by the Customer’s agent or permitted/authorized users.
o. The Customer understands that the Equipment can be dangerous where used and stored improperly; as such, the Customer undertakes that only properly trained, licensed and certified agents of the Customer shall operate and store the Equipment and that the Equipment shall be used in accordance with the provisions of this Agreement.
p. The Owner affirms that it is not the manufacturer of the Equipment and does not by this Agreement represent that it is a manufacturer of the Equipment or any of the parts thereof. The Customer agrees that it is leasing the Equipment on an “as is, where is” basis. The Customer unconditionally acknowledges and agrees that neither the Owner nor any of its agents, personnel or representatives have made or will be deemed to have made any term, condition, representation, warranty or covenant express or implied (whether statutory or otherwise) as to the capacity, age, value, quality, durability, conformity to the provisions of this Agreement, description, condition (whether of the Equipment as a whole, or any part thereof), design, workmanship, materials, manufacture, construction, operation, description, state, merchantability, performance, fitness for any particular use or purpose, or suitability of the Equipment or any part thereof, or the absence of latent or other defects, whether or not discoverable, known or unknown, apparent or concealed, exterior or interior, or any other representation or warranty, express or implied, with respect to the Equipment or any part thereof, all of which are hereby expressly excluded and extinguished.
q. The Customer uses the Equipment at its own risk. The Owner shall have no liability to the Customer or any third party for any loss, damage, injury or death caused by the Equipment or use thereof during the Term and thereafter prior to acceptance of its return by the Owner.
r. The Customer shall indemnify and save the Owner harmless from and against any and all claims, demands, liabilities, losses, costs, damages and expenses which may be suffered or incurred by the Owner. These will include but will not be limited to any third party losses, costs or expenses, any and all economic losses incurred directly or indirectly, and all legal fees on a solicitor and his own client basis arising from any damage to or loss of property, or injury to or death of any person, arising from the use, operation, storage or transportation of the Equipment at any time after its delivery to the Customer, including transportation done by the Owner at the Customer’s direction and request after the delivery of the Equipment to the Site, and prior to acceptance of its return by the Owner.
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s. The Customer, on behalf of itself, heirs, executors, administrators, agents, representatives, successors and assigns (collectively, “Releasors”) hereby releases, waives and forever discharges the Owner, its heirs, executors, administrators, agents, representatives, successors and assigns (collectively, “Releasees”) of and from any and all actions, manner of actions, causes of action, proceedings, suits, losses, liabilities, rights, debts, dues, duties, sums of money, accounts, obligations, costs, expenses, liens, bonds, bills, contracts, complaints, indemnities, entitlements, agreements, promises, variances, trespasses, damages, judgments, executions, claims, and demands, of every nature and kind whatsoever or howsoever arising, whether now known or unknown, foreseen or unforeseen, suspected or unsuspected, in law or in equity, in contract or in tort, which any of such Releasors ever had, now have, or hereafter can, shall, or may have against any of such Releasees for, upon, or by reason of any matter, cause, any alleged conduct, acts, or omissions, or any transaction whatsoever.
t. The Customer shall at all times during the Term, at its sole cost and expense, maintain or cause to be maintained a general liability insurance policy against loss by all risks, covering bodily injury/ property damage liability for a combined minimum limit of not less than $2,000,000. Such insurance coverage shall name the Owner as an additional insured or contain an endorsement on the policy which will hold the Owner harmless with respect to property damages caused or injuries and/or damages sustained by any person as a result of the care, custody, control, storage, use and operation of the Equipment.
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u. The Customer acknowledges that the Owner has offered the Customer the option to purchase Owner’s Optional Limited Damage Waiver (“OLDW”) and the Customer has paid the non-refundable OLDW fee set out in section 2 hereunder or the Customer has opted out of the OLDW. For clarity, the OLDW fee only pertains to items specified and the Customer’s liability for the cost of repair or replacement of such included items. The OLDW is not insurance nor is it a warranty of any sort.
v. The Customer acknowledges and understands that its obligations pursuant to this Agreement are unconditional. Where the Customer fails to perform any or all of their obligations as contained herein, provides any information that is misleading, become insolvent, bankrupt or takes any step towards bankruptcy, dies or cease conducting business, or if the Equipment be lost or damaged (except to the extent covered by OLDW), the Customer shall be considered to be in default.
w. In the event that the Customer is in default or breaches any term of this contract, the Owner may at any time thereafter terminate this contract, upon notice to the Customer. Whether or not it has terminated this contract, the Owner may, in the event of default by the Customer, demand immediate return of the Equipment and shall be entitled to repossess the same by any method permitted by the Applicable Law. In so doing the Owner, its employees and agents may use reasonable force to gain entry to any premises of the Customer where the Equipment may be located without liability for damage caused or for trespass or any other liability whatsoever provided that recourse herein shall only be triggered where the Customer is in continuous breach of the terms and conditions of this Agreement and all efforts made by the Owner to ensure that the Customer fulfills its obligations under this Agreement have remained fruitless. The Customer shall therefore, be liable for all costs, expenses and damages of the Owner associated with the Customer’s default, including the costs of enforcement and repossession. No termination of this Agreement as a result of the Customer’s default shall relieve the Customer from any of its obligations to the Owner, including its obligations relating to the return of the Equipment, payment of rental fee(s), and indemnification of the Owner, nor shall the Owner’s election to terminate this contract or to repossess the Equipment preclude the Owner from exercising any and all other remedies available to it at law for the Customer’s breach of contract, including its right to claim and recover damages for breach of contract.
x. The Customer understands and acknowledges that the Owner shall to the extent permitted by the Applicable Law including but not limited to the Builders’ Liens Act RSA 2000 c B-7, be permitted to register a lien on all real property upon which the Equipment is used including the Site.
y. The Owner may without prior notice or liability to the Customer inspect and or monitor the use and operation of the Equipment either in person or electronically at any time provided that such inspection and monitoring does not in any way interfere with the Customer’s usage of the Equipment.
z. The Customer undertakes to pay all monies/rental fees due promptly and on schedule. All amounts due and remaining unpaid shall attract an interest charge of twenty four percent (24%) per annum calculated and compounded monthly. The Customer further undertakes and agrees that where a payment is late, not honoured, cancelled, withheld or payment is stopped, such payments shall attract an “NSF” charge of $250 per occurrence.
2. OPTIONAL LIMITED DAMAGE WAIVER
a. All terms and conditions listed hereunder shall be made applicable to all damage waivers provided to the Customer by the Owner. The Customer understands that by acknowledging/subscribing to/opting out (as applicable) to this Optional Limited Damage Waiver (“OLDW”), Customer undertakes to be personally/corporately responsible for the safe keeping of the Equipment pursuant to the terms and conditions contained in the Agreement.
b. The Customer undertakes that the Equipment shall be protected from any and all loss, theft and damage. Except as stated herein, where the Equipment is lost, stolen or damaged during the Term, the Customer shall be responsible to the Owner for all costs associated with repairing, restoring and/or replacing the Equipment. The Customer further acknowledges that additional charges may accrue and be charged to the account of the Customer for lost time and rental value due to the Owner for the period where the Equipment is either being repaired or replaced as contemplated herein.
c. By acknowledging this OLDW, the Owner agrees to waive certain claims arising from the physical damage of the Equipment which are hereunder included in the OLDW. For clarity, the OLDW only covers certain claims. It does not cover the costs of replacing the Equipment in the event of the Equipment being stolen. The OLDW also does not cover the costs of repairing any piece of equipment that has been tipped, flipped, rolled, or otherwise overturned or upset. The Customer understands that it remains liable 100% for all loss, theft and damage to the Equipment that is not included in the OLDW.
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d. The Customer understands that the OLDW is optional and may be declined provided that the Customer provides the Owner with proof of insurance contained in 1 (t) of the Agreement prior to the commencement of the Term.
e. The OLDW is not an insurance neither is it a warranty. The OLDW is only a partial waiver of the Owner’s claims for the physical damage or destruction of only Equipment that are included under the OLDW. Not all rented Equipment is included in the OLDW. The Customer will be advised as to which Equipment is included in the OLDW. All Equipment rented and included in the OLDW is listed and described in Schedule “A” to this Agreement.
f. The OLDW does not apply to costs incurred for cleaning, maintenance or excessive wear and tear to items on the Equipment included in the OLDW.
g. The Owner undertakes to waive 80% of its costs associated with the repair/replacement of the Equipment under this section provided that damage for which costs shall be waived is not in excess of $1,000 during the Term.
h. The Customer understands that upon the Owner waiving 80% of costs in 2 (g) above, Customer remains liable to the Owner for a deductible which shall equal 20% of the associated repair/replacement costs.
i. The Customer undertakes to inform the Owner of any and all repair/replacement costs which shall exceed the sum of $1,000. All invoices pertaining to all such repairs shall be forwarded to the Owner together with a written demand for reimbursement in the event that the repair or replacement work is undertaken by the Customer. The Customer shall advise the Owner of all such damages and obtain the Owner’s written consent before undertaking any repairs as contemplated under this section.
j. The Customer shall advise the Owner within 24 hours of the occurrence of any accident, theft or incident affecting the Equipment during the Term.
k. Unless otherwise agreed to in writing, the Customer shall immediately return all damaged Equipment in need of repair or replacement to the Owner provided that a repair or replacement is not required to ensure the safe return of the Equipment to the Owner.
l. Notwithstanding the foregoing, the Customer remains liable 100% for all loss, theft and damage to the Equipment which are not included in the OLDW and for the following:
i. GPS and telematics systems, data, batteries, glass, tires, tubes, tracks, belts, fittings, chains, knobs, cords, cables, tanks, hoses and other accessories in or on any of the Equipment;
ii. all Equipment for which the OLDW fee was not paid prior to the commencement of this Term;
iii. deducible amount described above;
iv. delays in payment of the deductible by the Customer shall void the OLDW;
v. loss of Equipment or any parts thereof included in the OLDW, or damage due to violation of this Agreement by the Customer, its agents, personnel or representatives, or violation of any applicable law, rules regulations, manuals or instructions applicable to the Equipment;
vi. loss of the Equipment arising from the misuse, abuse and neglect and improper storage, improper use, wilful misconduct, overloading and/or exceeding the rated capacity;
vii. failure by the Customer to return the Equipment either in whole or in parts upon the expiration of the Term;
viii. any damage to the Equipment or any parts thereof, included in the OLDW resulting from maintenance failures including and without limitation to improper servicing or otherwise of the Equipment and any part thereof;
ix. damage to the Equipment due to excess wear and tear beyond what is considered normal within the industry and as determined by the Owner in its sole discretion;
x. damage to the Equipment as a result of the Customer’s use of drugs, alcohol or the Customer’s agents, personnel or authorized representative’s use of drug and alcohol during the Term;
xi. all other damage to the Equipment that may arise from any and all contamination, including mold, mildew, exposure to explosives, toxins, noxious materials and all other substances; and
xii. The Customer understands that by signing or initialing the acknowledgement/waiver box below, the Customer has read and agreed to subscribe to, or opt out of the OLDW.
ACKNOWLEDGEMENT/WAIVER OF CUSTOMER
________________________________________________
Sign (OPT IN):
Date: ___________________________________________
________________________________________________
Sign (OPT OUT):
Date:____________________________________________
3. AERIAL EQUIPMENT (Mobile Elevating Work Platforms)
a. The Customer acknowledges that, and for the benefit of the Owner, that the Customer has selected and carefully examined, inspected and tested each and all Equipment listed and described in Schedule “A” to this Agreement and have found any and all parts of the Equipment to be in good and complete working order.
b. The Customer acknowledges that the Equipment is fully functional, free from defects and otherwise in all ways acceptable and fit for the Customer’s intended use.
c. The Customer further acknowledges that all Customer’s agents, personnel, employees and authorized users of the Equipment have received all applicable training including trainings regarding inspection, maintenance, use, application and operation of each of the Equipment.
d. The Customer acknowledges that it has carefully reviewed the Agreement in its entirety and agrees to be bound by and to fully and timely comply at all times with each and such safety item/issue as contained in this Agreement.
e. The Customer acknowledges that it has been informed by the Owner of the need for fall protection equipment (“FPE”) and agrees to obtain and to use FPE, as required. The Customer assumes full responsibility for their use of FPE and represents that their use of FPE is with full knowledge of potential hazards associated with using the item(s) as well as potential hazards with failing to use the item(s).
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f. The Customer represents that if it is purchasing FPE from the Owner, it has carefully inspected the FPE to be purchased and has found items to be in good working order and condition and has ensured that the FPE fits properly and that the FPE is in all ways acceptable.
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g. The Customer acknowledges that it has rented one or more “aerial work platform(s)”, “mobile elevating work platform(s)”, “platforms”, “aerial devices” lift(s) and or scaffolds under the terms and conditions contained in the Agreement.
h. The Customer acknowledges and agrees that CanOSH and the CCOHS require that all operators of the Aerial Work Platforms to use or wear fall arrest/protection/restraint equipment when operating such rented Equipment.
i. The Customer understands that working at heights is an inherently dangerous activity and as such, the Customer shall indemnify and save the Owner harmless from and against any and all claims, demands, liabilities, losses, costs, damages and expenses which may be suffered or incurred by the Owner arising from any damage to or loss of property, or injury to or death of any person, arising from the use, operation, storage or transportation of the items hereunder at any time after its delivery to the Customer and prior to acceptance of its return by the Owner.
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j. The Customer shall ensure that the following safety rules are complied with in the usage of the FPE items contained in this section:
i. ensure that all safety rules are posted in a conspicuous place and communicated to each users of the FPE and any/all items contemplated herein;
ii. ensure that all users select and use the appropriate and proper machine/item for the job;
iii. carefully inspect all items and FPE regularly and before each use. The Customer shall ensure that all users/operators never use any item(s) or FPE that is/are malfunctioning, defective, damaged, deteriorated or low on fuel;
iv. survey the Site, perform a Site risk assessment and ascertain that the Site is in reasonably satisfactory condition, free from any and all obstacles, potential hazards associated with the use of the item(s), and watch out for-ground hazards and overhead objects;
v. establish, maintain and post a legally compliant safe use program and an emergency rescue plan on Site; and
k. the Customer in acknowledging this section of the Agreement, represents that it has received, carefully reviewed and fully understands all applicable instructions and warnings contained in this Agreement and further provided by the Owner and all Safety Procedures, and Customer will comply with all terms, conditions associated with the use of the items and all other requirements contained herein.
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4. MISCELLANEOUS
a. The parties agree that this Agreement is the complete Agreement and shall supersede any previous contract or verbal discussions or agreements made by both the Owner and the Customer.
b. Parties agree and acknowledge that all time periods, deadlines and dates in this Agreement shall be strictly followed and enforced. All times will be Province time unless otherwise stated.
c. This Agreement shall be made and construed in accordance with the Applicable Laws.
d. This Agreement is for the benefit of and shall be binding upon the heirs, executors, administrators and assigns of the individual parties and the successors and assigns of corporate parties.
e. Parties agree and acknowledge that some portions of this Agreement may survive the termination of this Agreement.
f. In the event of an inability or failure by either party to perform its obligations hereunder for any reason beyond its reasonable control (the “Force Majeure” event), by reason of any fire, explosion, war, riot, labour controversy, act of God or public enemy, pandemic, any law, act or order of any court, board, government or other authority of competent jurisdiction, or any other cause (whether or not of the same character as the foregoing), then the party affected shall not be liable to the other party during the period and to the extent of such inability or failure, provided that the affected party shall at all times use reasonable and diligent efforts to resolve or work around the cause of the inability or failure. Either the Owner or the Customer may claim that an event of Force Majeure has taken place, by giving the other party written notice within 3 days of the event of Force Majeure, followed by, within 7 days of the event of Force Majeure, a proposed plan of corrective actions to resolve or minimize the effect of the event of Force Majeure. The scheduled Term shall be extended for a period of time necessary to overcome the effect of the delay caused by the event of Force Majeure. However, in event that the Force Majeure event continues for a period of three (3) months from the date the party claiming relief due to Force Majeure gives the other party notice thereof, the party not claiming such relief shall have the right to terminate this Agreement by furnishing written notice to the party claiming Force Majeure relief, with termination effective upon the expiration date of such three (3) months period. Upon such termination, each party shall be relieved from its respective obligations, except for obligations for payment of monetary sums which arose prior to the effective date of termination and the return of the Equipment under this Agreement.
g. Time shall be of the essence of this Agreement and of each and every part hereof;
h. Any notice or demand required or permitted under the terms of this Agreement shall be in writing, and shall be sent by facsimile transmission or electronic mail or delivered to the recipient party at its address (or at such other address as such party may have designated for such purpose by notice previously given to the other party) and for purposes of the calculation of time, notices shall be deemed to have been received, if sent by facsimile transmission or electronic mail, 72 hours after the time of sending by facsimile transmission or electronic mail, and if delivered, upon the date of delivery.
i. No waiver by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement, nor shall any forbearance to seek a remedy for any breach be a waiver of any rights and remedies with respect to such or any subsequent breach
j. If any clause, condition or term, or any part thereof, contained in this Agreement be unenforceable or prohibited by law or by any present or future legislation, then such clause, condition, term or part thereof, shall be amended, and is hereby amended, so as to be in compliance with the said legislation or law but, if such clause, condition or term, or part thereof cannot be amended so as to be in compliance with any such legislation or law then such clause, condition, term or part thereof is severable from this Agreement, and all the rest of the clauses, terms and conditions or parts thereof contained in this Agreement shall remain unimpaired.
k. Nothing in this Agreement shall be deemed in any way or for any purpose to constitute the parties hereto partners in the conduct of any business otherwise.
l. Notwithstanding anything herein to the contrary, any provision in this Agreement (and in particular, any provision calling for one party to indemnify the other) which by its terms is expressly or implied or reasonably intended to survive termination of this Contract will survive any termination of this Agreement until such provision has been fully discharged.
m. This Agreement may be executed in separate counterparts. It shall be fully executed when each party whose signature is required has signed at least one counterpart even though no one counterpart contains the signatures of all the parties. A facsimile or portable document format (PDF) shall be considered the same as an original.
n. It is the intention of the parties that, to the greatest extent reasonably possible, all disputes with respect to any matter arising out of or relating to this Agreement be remedied by the parties themselves, without resorting to arbitration, with a clear obligation to settle such disputes in an efficient and expeditious manner. The parties will first meet and confer in good faith to fairly and equitably resolve the dispute. Such meeting is to occur as soon as it is convenient for both parties but in any event within forty-five (45) days of the date of notice implementing this dispute resolution process. If the parties cannot resolve the issue within fourteen (14) days of such meeting, then they will refer the matter to mediation with a single mediator to be held within the next thirty (30) days in a location that is equally inconvenient for the parties. Should a resolution to the dispute still not be achieved within fourteen (14) days of such mediation, or if mediation cannot be arranged, then the parties shall submit the dispute to binding arbitration in Brampton , ON Canada before a single arbitrator with not less than 5 years’ experience in matters such as this. Save and except that the parties shall bear their own legal expenses, they shall share equally the fees and expenses of the mediator and/or arbitrator, costs of assistance required by the arbitrator including experts, and his fees and expenses. Furthermore, it is understood that in no event will either party be liable to the other for consequential or punitive damages hereunder.
o. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which when taken together will constitute one and the same instrument. The parties hereto consent and agree that this Agreement may be signed and/or transmitted by facsimile, e-mail of a .pdf document, or using electronic signature technology, and that such signed electronic record shall be valid and as effective to bind the party so signing as a paper copy bearing such party’s hand-written signature. The parties further consent and agree that: (a) to the extent a party signs this Agreement using electronic signature technology, by clicking “sign”, such party is signing this Agreement electronically; and (b) the electronic signatures appearing on this Agreement shall be treated, for purposes of validity, enforceability, and admissibility, the same as hand-written signatures.
IN WITNESS WHEREOF the parties have executed this Agreement the _____ day of _______________, 20____.
CUSTOMER:
_____________________________________________
_____________________________________________
Printed Name: