1. Rent and term: You agree to lease the equipment, together with all affixed parts and accessories from us during the term for the rent and subject to the terms of this agreement. The term of this agreement begins on the commencement date to be established by us when we accept this agreement, but shall be no earlier than the date the equipment is delivered to you. You will also pay partial rent for the period between the delivery date of the equipment and due date of the first rent payment. All rent payments are payable in advance on the first day of each month (or other payment period) during the term. Your receipt of our invoice is not a condition of your obligation to pay rent or other charges when due. If the rent includes a cost of service or maintenance, you acknowledge that such inclusion is for your convenience and you will not assert against us any claim, defense, set-off, or demand for compensation, which you might have under any service or maintenance agreement relating to the equipment.
2. Pre-authorized payment plan:
You authorize us to periodically draw payments from your bank account (whether it continues to be maintained at the current location or at another branch of the bank) to pay the rent and other amounts due under this agreement. You will immediately notify us in writing of any change in your bank account. You have attached a sample check marked “Void” or provided us with your bank account information. If we waive this requirement, then you agree to pay a service charge for other payment methods. You may change or cancel this authorization at any time on 10 days written notice to us. You have certain recourse rights if any debit does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this authorization. To obtain more information on your recourse rights, to obtain a sample cancellation form and for information on your right to cancel an authorization contact your financial institution or visit www.cdnpay.ca
3. Sales tax: You will pay provincial tax, goods and services tax and/or harmonized sales tax and all other taxes applicable on the equipment and this agreement.
4. Non-Cancelable: This agreement can be canceled with a 90 day written notice.
5. No warranties: You are leasing the equipment “as is”. We do not make any warranty or representation whatsoever with respect to the equipment, including, without limitation as to the durability, quality, condition or suitability of the equipment for your purposes. We shall not be liable to you for any loss, damage or expense of any kind caused directly or indirectly by the equipment or its use, operation, or possession, or by any interruption of service or loss of use, or for any loss of business or damage whatsoever and however caused. Where permitted, we assign all manufacturer’s and supplier’s warranties to you during the term.( i.e. the 100% warratny will be supplied by the supplier , Just Pure inc, and not the finance comapny )
6. Use: You certify to us that the equipment will be used solely for business purposes and not for personal or household purposes. You agreed to keep the equipment, at your cost, in good repair and working order and pay all costs relating to the use and operation of the equipment so that the rent paid to us is absolutely net. The equipment shall remain personal property and shall not in any manner be affixed or attached to any lands or buildings without our prior consent. You may not move the equipment from the location stated above or alter the equipment in any manner without our prior written consent. You will return to equipment to us, on determination of this agreement, at your cost to a location directed by us, in the same condition as it was delivered, ordinary wear and tear excepted. If the equipment is not returned to us in the end of the term, then, provided that you have complied with all other terms of this agreement.
7. Loss, damage and insurance: You are responsible for and accept the risk of loss or damage to the equipment. You agree to keep the equipment insured against all risk of loss in amounts and terms acceptable to us.
8. Assignment: You agree not to assign this agreement or transfer, sub lease, encumber or give up possession of the equipment without our prior consent. If we consent, you agree to pay an assignment fee of $150 or our actual administrative costs, whichever is greater. We will assign all our interest in this agreement and the equipment of H.A.R. FINANCING INC. only. You consent to the equipment of our interest in this agreement or the equipment to a third-party and the disclosure of personal information provided by you (if any) to the assignee and assignee’s collection and use thereof, without us giving you further notice. Any assignee of our interest will be entitled to enforce all over the lessor’s rights under this agreement, but shall have no liability to perform any obligations under this agreement.
9. Late charges and administration fees: If any payment of rent or other sum payable under this agreement is late, you will be subject to an interest rate of 2% per month on the unpaid balance (24% per annum) with a minimum charge being $10 per month. You will also pay a returned check charge of $45 for any dishonored check or pre-authorized payment. You agree to pay all other reasonable administrative fees charged by us to our lessees generally.
10. Default: (1) You fail to pay any rent or other sum payable under this agreement when due; (2) you fail to comply with any other term of this agreement; (3) you default under any other agreement with us; (4) any representation made by you to us in connection with obtaining this agreement is or becomes untrue; (5) any of the equipment is lost, stolen, damaged or destroyed and such loss is not covered by insurance; (6) you make any assignment for do benefit of your creditors, you become insolvent, commit any act of bankruptcy, cease or threatened to cease to do business as a going concern or seek any arrangement or compromise with your creditors; (7) any preceding in bankruptcy, receivership, liquidation, or insolvency is commenced against you or your property; (8) we believe, acting reasonably and in good faith, that the prospect of payment to us under this agreement is impaired; then, all rent and any other payments to the end of the term ship immediately become due and payable on demand. You will immediately deliver the equipment to us, at your own expense. We may, without notice and without resort to legal process, take immediate possession of the equipment. We may enter the premises where the equipment is located without incurring any liability to you. You shall pay our costs of collection, re-possession of the equipment and of the enforcement of our rights, including legal costs on a solicitor-client basis. Our remedies shall be cumulative and not alternative.
11. Miscellaneous: You consent to the collection, use and disclosure of personal information for the purposes set out in this agreement and to enable us to provide leasing services to you. A facsimile copy of this agreement with facsimile signatures will be treated as an original and will be admissible as evidence of this agreement. Time shall be of essence of this agreement. This agreement shall be construed according to the laws of the province of the location of the equipment. You will allow us access to the equipment for inspection during the term. To the extent permitted by law you waive the provisions of The Limitation of Civil Rights Act of Saskatchewan, if applicable. We are entitled to conduct a personal investigation or credit check up on you, subject to applicable legislation. The parties agree that this document be written in English. Les parties aux presents conviennent a ce document soit redige an anglais. This agreement shall not become binding upon us until accepted by us. This agreement is binding on your heirs, executors, administrators, successors and permitted assigns. If more than one lessee is named in this agreement, the liability of each lessee shall be joint and several if the lessee is an individual, you acknowledge that the equipment is not a “consumer good” within the meaning of the Personal Property Security Act of Manitoba, or similar legislation of any other province. Clerical errors shall not affect the validity of this agreement and we shall be entitled to correct all clerical errors provided that we give notice of the correction to you. This agreement constitutes the entire agreement between you and us as lessee and lessor. You acknowledge that the equipment supplier or its sales representatives or any lease broker, are not our agents and are not authorized to waive or change the terms of this agreement or act on our behalf. We are the sole owners of the equipment at all times during the term. You waive the delivery of a copy of any financing statement registered in respect of this agreement. Where permitted, we grant to you and you accept a non-transferable and non-exclusive license to use any software referred to in this agreement with the equipment. You may not alter such software and will not copy, disclose or make such software. available to any other person without our prior written consent.
12. This agreement is automatically renewable upon its completion unless a written notice is sent to Just Pure inc. by registered mail or messenger 90 (ninety days prior to the end of this agreement) .
By signing this agreement, you, as lessee agree to the terms and conditions of this agreement and certify that all equipment has been delivered, is fully installed and is in good operating order. You, as lessee unconditionally accept the equipment and request that we, as lessor accept this agreement and pay the supplier of the equipment.
Statement of Consumer Cancellation Rights (Consumer Protection Act, Section 58)
13. You may cancel this contract for any reason within 10 days after you receive a copy of the contract along with the other required documents.
If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel the contract within one year. You lose that right if you accept delivery after the 30 days. There are other grounds for an extension of the cancellation period to one year, for example if the itinerant merchant does not hold a permit or has not provided the required security at the time the contract is made, if the goods are never delivered or the services never performed, or if the contract is incorrectly made or worded. For more information, you may seek legal advice or contact the Office de la protection du consummator.
If you cancel the contract, the itinerant merchant must refund all amounts you have paid, and return to you the goods received in payment, as a trade-in or on account; if the merchant is unable to return the goods, you are entitled to receive an amount of money corresponding to the value indicated in the contract or the cash value of the goods, within 15 days of cancellation. You also have 15 days to return to the merchant any goods you received from the merchant.
To cancel, you must return the items received from the merchant to the merchant or the merchant’s representative, send the merchant the cancellation form printed below, or send the merchant written notice of cancellation. The form or written notice must be sent to the merchant or the merchant’s representative at the address indicated on the form, or at any other address indicated in the contract. You must give notice of cancellation by personal delivery or by any other method that will allow you to prove that you gave notice, including registered mail, E-mail, fax and courier.