Rental Contract

Below is the standard Fliphaus Rental Agreement.

By finalizing a booking date you agree to accepting these terms.

 

Agreement between FLIPHAUS Interiors Inc. (“Lessor”) & Renter (“Lessee”)

Agreement Date: Today’s Date (mm/dd/yy)

In consideration of the payments stipulated in the ‘Shopping Cart’, Lessor and Lessee agree to enter into this Agreement.

Under the Terms and Conditions of Furnishings Rental Agreement attached to this sheet as SCHEDULE 1 and forming part of this Agreement, Lessor agrees to lease to Lessee the furnishings identified in the “shopping cart”, for use at such location and at such rental rate and for approximately such rental time as is stated in the ‘Shopping Cart’.

Lessor and Lessee, for themselves and their successors and permitted assigns, agree to the full performance of the terms and covenants contained in this Agreement.

The parties have executed this Agreement written above.

Proceeding with check out from the Fliphaus website (www.fliphaus.ca), does not guarantee a Rental Booking unless agreed to by Fliphaus.

FLIPHAUS INTERIORS INC. (Lessor)

 

SCHEDULE 1

 

TERMS AND CONDITIONS OF FLIPHAUS RENTAL AGREEMENT

The terms and conditions of lease here below stated, together with the Agreement set forth constitute a binding contract between the parties therein named which contract is hereinafter referred to as “this Agreement”.

  1. Rental Term. The Rental Term shall commence on the Delivery Date and continue for the selected period at the time of the online booking (the “Initial Term”), unless otherwise arranged with the Lessor. The Initial Term shall automatically renew for successive 30-day periods, unless either Party provides the other with notice of non-renewal at least 3 business days prior to the end of the current term, or unless this Agreement is terminated earlier in accordance with the provisions hereof. The Lessee acknowledges and accepts that while the Lessor will make all reasonable efforts to fulfill or replace the order in a satisfactory manner, Rental Period Renewals are not guaranteed, depending on inventory availability.

  2. Rental Charges. Lessee shall pay rental for the entire Rental Period on each item of furnishings identified in, and at the rate stipulated in, the Rental Inventory Listing, and in accordance with the following:
  • Permitted renewals must be paid for in advance on or before the successive due dates without grace periods or late payments.
  • Rental Rates shall not be subject to any deductions or refunds in the event the furnishings are returned to Lessor before the end of the Rental Period.
  1. Payment. 

The rent for each and every item set forth in the Rental Inventory Listing shall be the amount therein designated and is payable in advance on or before the Lessee’s execution of this Agreement, along with all applicable taxes, charges and fees as set out in this Agreement. In the event the Lessee fails to sign the Agreement, which will be delivered electronically, the transaction will be automatically terminated and any payments made will be refunded less a 5% service charge of the total rental price. Where the Rental Period is renewed, rent for each and every item set forth in the Rental Inventory Listing is payable on the first day of each renewed Rental Period. In addition, Lessee is required to pay delivery and pick up charges together with all applicable taxes upon or before Lessee’s execution of this Agreement and on the first day of any Rental Period renewal. Except as otherwise provided in this agreement, all amounts paid to the Lessor under this Agreement are non-refundable.

  1. Renewal Discounts. 

A renewal discount of 20% of the pre-tax and pre-delivery fee initial rental price will be applied to all renewal terms.

  1. Payment Methods. 

Accepted payment methods include credit card and/or e-transfer. Cheques are only accepted on a case by case basis.

  1. Cancelling Placed Orders / Termination of Agreement. 

Cancellation policy is as follows:

  • The Lessee may cancel this agreement with a 7-day notice period prior to the Delivery Date for a 100% refund for amounts paid pursuant to this Agreement.
  • The Lessee may cancel this agreement with a 2-day notice period prior to the Delivery Date for a 50% refund for amounts paid pursuant to this Agreement.
  • In the event the Lessee cancels the day-of, they are not entitled to a refund of deposits.

Termination of this Agreement may occur if:

  • The Lessee provides the Lessor with a cancellation pursuant to 6a or 6b; or
  • The Lessee fails to return an executed Rental Agreement within 24 hours of receiving the Agreement (a 5% processing fee will be deducted from the total amounts paid);
  • The Lessor provides Lessee with notice in the event that a previous rental cannot be returned. In this event the Lessor will exercise all options to fulfil the contract; however if the Lessee finds the replacement unsatisfactory, all amounts paid in pursuant to this Agreement shall be refunded to the Lessee.
  1. Delivery.

The Lessor shall use its reasonable commercial efforts to deliver the Leased Items to the Delivery Location on or by the Delivery Date.

The Lessee shall ensure that:

  1. the Lessor has access to the Delivery Location in order to deliver the Leased Items;
  2. The Lessee must notify the Lessor of any parking restrictions or special delivery instructions at the Delivery Location 48 hours prior to the Delivery Date. Any elevator booking or other related fees are the responsibility of the Lessee;
  3. Any parking tickets received by the Lessor as a result of the Lessee’s failure to notify the Lessor of any such parking or special delivery instructions shall be charged to the Lessee;
  4. If the Lessor is unable to access the Delivery Location, then the Lessee shall be charged a handling fee of $30.00 for every 15 minutes from the time of delivery until such time as the Lessor is granted access to the Delivery Location, up to a maximum of $120.00. If any of the Leased Items are for any reason not accepted by the Lessee on delivery and such Leased Items are returned to the Lessor by the Lessor’s delivery personnel, then the Lessee shall be charged a restocking fee of 15% of the rental rate.
  1. Use & Maintenance of Leased Items.

The Parties acknowledge that the Leased Items are for the primary use of staging only and shall not be subjected to careless, unusual, inappropriate or improper usage and shall use the furnishings for the purpose identified.

  1. Pets & Animals. During any time of the rental period, initial or subsequent, the Lessee is to notify the Lessor of any pets and animals of any kind were present at the location where the Leased Items were situated. In this event, the Lessee agrees that a $100 cleaning charge will apply upon return, regardless of whether or not there was any damage caused to the Leased Items.
  2. During any time of the rental period, initial or subsequent, the Lessee shall be charged a cleaning fee of $100 for any stains that occur during the Leased Period. If a stain cannot be removed, the item will fall under irreparable damage and replacement fees will be charged to Lessee.
  3. During any time of the rental period, initial or subsequent, smoking is prohibited in the areas where the Leased Items are located. The Lessee shall be charged any cleaning or replacement costs that the Lessor may incur as a result of damage caused by smoking.
  4. Removal / Alteration of Leased Items. Under no circumstance are the Leased Items to be altered, disfigured or removed from the location of use.
  1. Disclaimer.

Lessor represents that the furnishings are in proper working order for the purpose identified in the Rental Inventory Listing. However, Lessor makes no representations or guarantees regarding any outcome from the rental or use of the furnishings, including, in the case of staging, the successful sale or rental of property. Lessee acknowledges and accepts that the Lessor does not guarantee that the furnishings are completely clear of Cosmetic Damage and agrees not to return it for these purposes.

  1. Indemnity.

Lessee shall indemnify Lessor and its directors, officers, employees and authorized representatives against, and hold all of such parties harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including legal fees, arising out of, connected with, or resulting from the furnishings or the rental thereof, including without limitation, the selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the furnishings. Lessee agrees that this indemnity shall extend to all loss and damage to the furnishings during the Rental Period. Lessee recognizes and agrees that included in this indemnity provision is Lessee’s assumption of any and all liability for injury (or death) to persons or property caused by the use, operation, control, handling or transportation of the furnishings during the Rental period.

  1. Risk of Loss.

Lessor shall not be responsible for loss or damage to property, material or equipment belonging to Lessee, or any agents, employees, suppliers or family members, guests or visitors, of Lessee, during the Rental Period. Lessee is encouraged to obtain appropriate insurance against such risk of loss. Lessee and its insurers waive all rights of subrogation against Lessor for such loss.

12. Inspection.

    Lessee shall inspect the furnishings within one (1) business day after receipt thereof. Unless Lessee within such period gives written notice to Lessor specifying any defect in or other proper objection to the furnishings, Lessee agrees that it shall be conclusively presumed as between Lessor and Lessee, that Lessee has fully inspected the furnishings and acknowledged that the furnishings are in full compliance with the terms of this Agreement, in good and proper working condition and repair, and that Lessee is satisfied with and has accepted the furnishings in such condition and repair. Upon reasonable notice to Lessee, Lessor shall be entitled to access to the location of use identified in the List of Furnishings in order to inspect the furnishings.

    13. Insurance.

    Lesse agrees to keep the furnishings insured, at Lessee’s own expense, against all risks of loss or damage from every cause whatsoever for not less than the full replacement value thereof, and shall carry public liability and property damage insurance covering the furnishings and their use and handling for the amount of $100,000 or other reasonable amount specified by Lessor. Lessee shall provide Lessor with evidence satisfactory to Lessor, upon request by Lessor, of such insurance coverages.

      14. Ownership.

        Lessor shall at all times retain ownership and title of the furnishings. Lessee shall not encumber, pledge, or permit any lien to be placed on the furnishings, and Lessee shall give Lessor immediate notice in the event that any of the furnishings are levied upon or are about to be become liable to or is threatened with seizure. Lessee shall indemnify Lessor against all loss or damage caused by any such action.

          15. Default/Remedies.

            If (a) Lessee defaults in respect of any rental payment; or (b) Lessee defaults in the performance of any other covenant in this Agreement and such default continues for three (3) days after written notice thereof by Lessor; or (c) Lessee becomes insolvent or bankrupt; or (d) Lessee applies for or agrees to the appointment of a receiver, trustee or liquidator under the Bankruptcy and Insolvency Act (Canada) or under any other law providing for relief of debtors, Lessor shall have the right to exercise any one or more of the following remedies:

            (i)  to declare the entire Rental Amount hereunder immediately due and payable as to any or all  furnishings, without notice or demand to Lessee;

            (ii)  to sue for and recover all Rental Amounts, and any other payments, then accrued or thereafter accruing, with respect to any or all of the furnishings;

            (iii)  to take possession of any or all of the furnishings without demand or notice, or legal process. Lessee hereby waives any and all damages occasioned by such taking of possession. Any such taking of possession shall not constitute a termination of this Agreement as to any or all of the furnishings unless Lessor expressly so notifies Lessee in writing;

            (iv)  to terminate this Agreement as to any or all of the furnishings; and,

            (v)  to pursue any other remedy at law or in equity.

            Despite any such repossession or any other action, which Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of Lessee to be performed under this Agreement. Lessee shall pay Lessor all costs and expenses, including legal fees, incurred by Lessor in exercising any of Lessor’s rights or remedies under this Agreement or in enforcing any of the terms, conditions or provisions of this Agreement.

              16. No Subletting/Assignment. 

                No furnishings shall be sublet by Lessee, nor shall Lessee assign or transfer any interest in this Agreement without the prior written consent of lessor, which consent may be unreasonably withheld. Lessor may assign this Agreement without notice. Subject to the foregoing, this Agreement extends to the benefit of, and is binding upon, the successors, heirs, executors and administrators, as the case may be, of the parties.

                  17. Remedies Cumulative/No Waiver/Severability. 

                    All remedies of Lessor under this Agreement are cumulative and may, to the extent permitted by law, be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed to be an election of such remedy or to preclude the exercise of any other remedy. No failure on the part of Lessor to exercise and no delay on Lessor’s part in exercising any remedy or right, shall operate as a waiver thereof; nor shall any single or partial exercise by Lessor of any remedy or right hereunder preclude any other or further exercise thereof or the exercise of any other remedy or right. If any term or provision of this Agreement is determined to be invalid, it shall not affect the validity and enforcement of all remaining terms and provisions of this Agreement.

                      18. Release and Waiver. 

                        Lessee acknowledges and agrees that Lessor is not liable for any personal injury or property damage during installation, use and/or removal of the furnishings. Lessee further acknowledges and agrees that installation of mirrors, artwork, wall hangings and other furnishings may require hooks and/or nails to be placed in walls or property. Upon removal, holes, scratches and other marks will be left. Repairs necessitated by such removal will be the responsibility of Lessee.

                          19. Limitation of Liability.

                            Lessee agrees that in no event shall the total liability of Lessor, its directors, officers, employees, agents, contractors and/or suppliers under this Agreement exceed the Rental Payments paid by Lessee.

                              20. Photography and Publicity Release.

                                Lessor shall have the right to photograph and otherwise record the location of use of the furnishings, both before and after installation of the furnishings, and to use and reuse all such photographs and recordings in any media now known or hereafter developed, worldwide in perpetuity for advertising, trade, promotion and publicity purposes, without further notification or permission, and with no remuneration to Lessee. Lessee agrees that Lessor may use all or any part of such photographs or recordings and may alter or modify them regardless of whether or not the location of use is identifiable. Lessee further agrees that Lessor shall own all rights, title and interest (including, without limitation, all copyrights) in all such photographs and recordings, and releases Lessor from any claims or liability arising out of the recording or use thereof.

                                21. Lost, Damaged or Irreparable Leased Items.

                              1. The Rental Inventory Listing will be attached to this Agreement as SCHEDULE 2, forming part of this Agreement. All Leased Items that are not returned or damaged to an irreparable extent (cracked, broken, severely scratched, or as otherwise reasonably deemed by Lessor as unusable) will be subject to replacement costs as outlined in the Rental Inventory Listing, and such replacement fees will apply. These replacement fees are charged to the payment method on file automatically following the Lost / Damage Report that will be provided to the Lessor within 48 hours of the Return Date.

                              2. 22. General.
                              3. (i) This Agreement is governed by the Laws of Ontario; and,

                                (ii) This Agreement constitutes the entire agreement between Lessor and Lessee; there are no other agreements, written or oral; and this Agreement shall not be altered or amended except by a written instrument signed by Lessor and Lessee.

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