Rental Agreement – Terms and Conditions
In this agreement, the words “you” and “your” refer to the customer entering into this Rental Agreement and the words “we”, “us” and “our” refer to E.L.K. Solutions Inc., as agent of E. L. K. Solution Inc., and their respective successors and assigns. If more than one customer is named on the front of this bill, you understand that each of you is individually liable, and all of you collectively liable, for all obligations imposed on you by this agreement. E.L.K. Solutions Inc.’s GST Reg. No. is 86487 7519 RT0001.
1. Payment Options
Paying by mail: Please send your cheque or money order payable to E.L.K. Energy Inc. Do not send cash. Include your account number on the front of your cheque of money order. In the event of an interruption in postal service, please present this bill for payment by the due date at any branch of a participating financial institution.
Paying at a financial institution: You can pay this bill at any branch of a participating financial institution.
Paying at an automated teller machine: You can use your bank card at your bank’s ATM and follow the instructions for bill payment. Include your payment stub.
Paying through telebanking or internet banking: You can pay through telebanking or internet banking by setting up E.L.K. Energy Inc. as a new bill in your pay a bill options at a participating financial institution.
Pre-authorized payment (“PAP”): To have your payment automatically deducted from your bank account, fill in the form indicating the payment option you prefer. Sign the form, attach a cheque marked “VOID”, and include them with your payment or return them to the E.L.K. Solutions Inc. We will notify you 10 days prior to the first withdrawal. On approximately the same day (a “withdrawal date”) each month or, if permitted by us, each quarter, we will debit your account for the rental amount and all other amounts you owe us.
2. Due Date. Your periodic payment for the rental of the Equipment (as defined in this agreement) is due on the earlier of (i) 15 days after your normal periodic bill issue date and (ii) receipt of your bill, unless you have chosen the PAP option, in which case, your periodic rental payment is due on the withdrawal date. A bill may not be sent to you if we believe that you have a credit balance.
3. Late Payment Charges. If the amount due is not paid within 15 days of the bill issue date (whether or not you have received the bill) or if a PAP is not processed or is returned unpaid for any reason and you did not pay the amount that was to be withdrawn within 15 days of the withdrawal date, an interest charge equal to 1.5% per month of the unpaid amount will be due or, if such percentage amount is not permitted by law, the interest charge will be calculated at the highest percentage amount permitted by law.
4. Previous Balance. Portions of your bill still unpaid by the date of the next billing will appear on the new bill as the “Previous Balance” and must be paid without delay. If you made a payment shortly before receiving the new bill, please deduct the amount of that payment from the “Amount Due” and pay the reduced amount.
5. Charges for Returned Payments and Account Set-Up Fees. You will also pay us our standard charge, as revised by us from time to time without notice to you, each time your cheque or PAP is not made or processed or is returned unpaid for any reason. You will pay such charge on the date the related payment was due. New accounts are subject to an account set-up fee, as revised by us from time to time without notice to you.
6. Rental; Ownership; Registration Costs. You are renting from us under this agreement the sentinel lighting, hot water tank and/or other similar equipment that has or have been installed by or on behalf of us (together with all present and future additions and accessories attached or affixed thereto and all present and future replacements thereof but excluding the property described in any agreement under which the “Loan Installment”, if any, shown on the front of this bill is payable, the “Equipment”). We are the owner of the Equipment. You will not remove or alter or permit anyone to remove or alter any signs, decals or stickers which confirm that we
own the Equipment. You have no rights to the Equipment, except as provided in this agreement. We may register, at your expense, notice of our interest in the Equipment against you and/or against the title to the premises at which the Equipment has been installed (the “Premises”). You agree with us that the Equipment will remain personal property even though it may become affixed to any real property.
7.Equipment Use; No Liens. You will keep and use the Equipment only at the Premisesand in surroundings which are not unsafe to use the Equipment and which are not difficult torepair or remove the Equipment. You will not use the Equipment unsafely or unlawfully. Youwill keep the Equipment free of all liens, security interests and other claims.
8.Assignment by You. This agreement and your rights and obligations under it may beassigned to, and assumed by, a third party (including any buyer of the Premises), but only if weconsent in writing (which consent may be arbitrarily withheld) and the third party agrees inwriting or by conduct to assume your obligations under this agreement. You authorize us torespond to information requests relating to your account made by or on behalf of such thirdparty.
9.LIMIT ON LIABILITY. EXCEPT FOR OUR OBLIGATION TO REPAIR AND/OR REPLACE THEEQUIPMENT UNDER SECTION 10 BELOW, WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSEFOR ANY PRESENT OR FUTURE DAMAGES, COSTS, CLAIMS, DEMANDS OR CAUSES OF ACTIONRELATING IN ANY WAY TO THE EQUIPMENT OR THE USE OR OPERATION OF THE EQUIPMENT,NOTWITHSTANDING ANY DEFECT(S) IN THE EQUIPMENT OR NEGLIGENCE.
10.Our Obligation to Repair/Replace. So long as you are not in default under thisagreement, we will, at our expense, repair the Equipment and, if not repairable, replace it.
11.Termination, Termination/Removal Charges. So long as you are not in default underthis agreement, you may terminate this agreement at any time by giving us notice and returningto us, at the address designated by us, the Equipment in the same condition it was delivered,except for ordinary wear and tear. At your option, you may request us to remove theEquipment or have your own qualified contractor remove it. If you choose to terminate thisagreement or if we terminate this agreement under section 12 (i) below, you will pay us ourstandard administration fees and any other charges that may be applicable. Please contact ourtoll free number for sales and service listed on the front of this bill for our currentadministration fees and other charges, which may be revised by us from time to time withoutnotice to you. Your obligation to pay the rental charges for the Equipment will end once theEquipment has been returned as required by this agreement and we have received all amountsowing by you under this agreement.
12.Our Remedies. If you breach any term of this agreement, we may (i) terminate thisagreement and require you to immediately pay us an amount equal to the value of theEquipment, determined by us in our absolute discretion (assuming, for the purpose of suchdetermination, that the Equipment has been maintained as required by this agreement), plus allother amounts owing under this agreement and (ii) exercise any other remedies available to us,whether under this agreement at law, in equity or otherwise.
13.Indemnity; Taxes. You will indemnify us on demand from all losses, claims, costs,expenses, damages, actions and liabilities whatsoever (including all legal expenses, collectionagency’s expenses and the cost of our technicians at their then standard rates) in connectionwith or arising as a result of (a) any breach by you of this agreement or the exercise by us of anyof our remedies, (b) the use, rental, installation, purchase, return, removal or repossession ofthe Equipment, (c) any loss or damage (including personal injury or death) to any person orproperty resulting in any way from the use or operation of the Equipment, notwithstanding anydefect(s) in the Equipment or negligence of (d) any loss or damage to or alteration ordestruction o the Equipment from any cause other than directly from ordinary wear and tear.You will pay, when due, all taxes and other charges imposed by any governmental authority onor in connection with this agreement, the payments made under it or the Equipment.
14.Prior Agreements. This agreement supersedes any prior agreements between us andyou (or any predecessor of you or us) regarding the rental of the Equipment.
15.Changes to this Agreement. For greater certainty, we have the right to change, fromtime to time, any of our returned payments charges, administration fees, including the periodicrental rates and other charges that are provided for in this agreement, without notice to you.We also have the right to change, from time to time, any other term of this agreement, bysending you written notice of the change, which change will be effective on the date set out inthat notice.
16.Assignment by Us. We may sell, assign concurrently lease or otherwise dispose of, orgrant a security interest in, all or any right, title and interest in the Equipment or this agreementto anyone else (a “transferee”), without notice to you or your consent. To the extent notprohibited by law, you will not assert against any transferee any claims, defenses, set-offs,deductions or counter-claims which you may now or in the future be entitled to assert againstus. Subject to paragraph 8, this agreement is binding upon and will enure to your and ourbenefit and their respective heirs, personal representatives, successors and permitted assigns.
17.Consent regarding information. You consent to the collection, use and disclosure, fromtime to time, by us and by our affiliates of any credit, personal or other information about youso that we or our affiliates may: (i) assess your creditworthiness in connection with thisagreement and/or your on-going creditworthiness; (ii) provide you with information and offersof our or their products or services; and (iii) determine your eligibility for any of those productsor services.
18.Your Further Assurances. You will do such acts and execute such documents as we mayrequire to give effect to this agreement and to protect our rights in the Equipment.
19.You acknowledge having reviewed the terms of this agreement, having been offered sufficient time to consult with legal counsel regarding your obligations under this agreementand acknowledge having received a complete copy of this agreement.
