Please read carefully. By accepting the provision of the Services (defined below) or making payment(s) to United for the Services, Customer agrees to be bound by the Work Order Terms, even if the Work Order has not been executed.
"Customer" means the person or entity identified as such on the Work Order, including any representative, agent, officer or employee of Customer. "Equipment" means any one or more of the items identified as such on the Work Order. "Service" or "Services" means the services/repairs/evaluations set forth on the Work Order that Customer has requested United perform. "Store Location" means the United address set forth on the Work Order. "United" means United Rentals of Canada, Inc. “Work Order” means the agreement made between Customer and United for United to provide Services, whether that Agreement is made in person at the Store Location, online, or otherwise, and which incorporates by reference these Work Order Terms and which identifies the Services to be purchased by Customer. The Work Order incorporates these Work Order Terms by reference.
Customer shall be liable for all federal, provincial and/or local taxes applicable to the Services.
Any individual signing this Work Order represents and warrants that he or she is of legal age, and has the authority, capacity and power to sign this Work Order on his/her own behalf or for the Customer.
In no event shall United be responsible to Customer or any other party, and Customer waives and releases United of and from any loss, damage or injury (including, but not limited to, legal fees, loss of profits, business interruption or other special or consequential damages, damages relating to bodily injury, or damages relating to wrongful death) caused by, resulting from or in any way connected with the Services or the Equipment, its operation or its use. In addition, and without limiting the foregoing, United shall not be liable for any loss, damage or injury due in whole or in part to Customer’s failure to make the Equipment available for Service or Customer’s failure to authorize United’s recommended additional services or repairs.
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD UNITED HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIM, LOSS, DAMAGE OR COST (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO BODILY INJURY AND DAMAGES RELATING TO WRONGFUL DEATH) CAUSED BY OR IN ANY WAY ARISING OUT OF OR RELATED TO THE OPERATION, USE, MAINTENANCE, INSTRUCTION, POSSESSION, TRANSPORTATION OR OWNERSHIP OF THE EQUIPMENT, CUSTOMER’S FAILURE TO AUTHORIZE UNITED’S RECOMMENDED ADDITIONAL SERVICES OR REPAIRS, OR CUSTOMER’S USE OF THE EQUIPMENT IF UNITED HAS ADVISED CUSTOMER THAT THE (I) EQUIPMENT SHOULD NOT BE USED, (II) IS NOT SAFE OR (III) CANNOT BE REPAIRED, INCLUDING WHENEVER SUCH LIABILITY, CLAIM, LOSS, DAMAGE OR COST IS FOUNDED, IN WHOLE OR IN PART, UPON ANY NEGLIGENT OR GROSSLY NEGLIGENT ACT OR OMISSION OF UNITED OR THE PROVISION OF ANY ALLEGEDLY DEFECTIVE SERVICES BY UNITED. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST UNITED BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION OR BREACH OF WARRANTY.
After Service of the Equipment is completed, Customer shall inspect the Equipment prior to taking possession thereof, and Customer's acceptance of the Equipment is an irrefutable presumption that Customer finds, and Customer shall be deemed to have found, the Equipment in good working order and repair and the Service suitable for Customer's needs.
Due to the hazardous nature of some waste and other products, to comply with federal and provincial environmental regulations, and to promote a clean environment, United charges an Environmental Service Charge for certain services. This is not a government-mandated charge. The Environmental Service Charge is not designated for any particular use and is used at United's discretion. The Environmental Service Charge is 2.0% of the fees charged for Services, including sales items, labor, and travel miles, and will not exceed $99. The Environmental Service Charge will be included in each United invoice rendered to Customer. Customer acknowledges the items indicated above are subject to the Environmental Service Charge and Customer agrees to pay that Charge.
United is not a bailee of Customer's property. United does not accept control, custody or responsibility for the care of Customer's property. United may, but is not required to, lock the Equipment in a closed space. Customer's access to United's premises may be conditioned in any manner deemed reasonably necessary by United to maintain order on United's premises. Such measures may include, but are not limited to, requiring verification of Customer's identity, limiting hours of operation and requiring Customer to sign in and sign out upon entering and leaving United's premises. In the event that Customer fails to pick up the Equipment within 7 days after Service is completed, and/or fails to authorize United to perform such Service within 7 days of United's estimate of the cost of such Services, Customer shall pay to United storage charges as determined by United.
UNITED WILL ASSIGN TO CUSTOMER ANY MANUFACTURER'S WARRANTY ON PARTS INCORPORATED INTO THE EQUIPMENT AS PART OF THE SERVICE, TO THE EXTENT ASSIGNABLE. FOR A PERIOD OF 30 DAYS FOLLOWING COMPLETION OF SERVICES BY UNITED, PROVIDED THAT CUSTOMER PROVIDES WRITTEN NOTICE TO UNITED SETTING FORTH IN DETAIL HOW SUCH SERVICES WERE UNSATISFACTORY, UNITED MAY, IN ITS SOLE DISCRETION AND AS ITS SOLE LIABILITY HEREUNDER, REPAIR OR REPLACE SUCH UNSATISFACTORY SERVICES, OR REFUND ANY MONIES PAID TO UNITED BY CUSTOMER IN RESPECT OF SUCH SERVICES. SUCH REPAIR, REPLACEMENT OR REFUND SHALL BE CUSTOMER'S SOLE REMEDY UNDER THE WORK ORDER. UNITED DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
In addition to securing the payment of Service charges hereunder, Customer agrees that any deposit shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the terms, covenants, and agreements to be performed by Customer hereunder, and in the event of any breach by Customer the deposit will be forfeited and credited against any damage, cost or expense incurred by United as a result of such breach.
Where scheduled maintenance is to be performed, Customer agrees to make the Equipment available for servicing by a representative of United. Where the Equipment is to be serviced on Customer's premises, Customer shall provide an adequate and safe area in which United may service the Equipment. Service will be made during normal working hours, between 7:00 am to 4:00 pm, Monday - Friday, except for holidays. Customer will be charged "stand-by time" as indicated on the Work Order in the event that Equipment is not made available by Customer during United's normal working hours. Scheduled maintenance includes a complete inspection and general maintenance service, but does not include repairs. The detail of Services provided is as indicated on the Work Order. An evaluation of the Equipment may be submitted to Customer upon completion of scheduled maintenance. The evaluation may specify additional services needed on the Equipment. United may provide a written estimate of any repair or service not covered under this Work Order.
Customer shall pay a fee, as set forth on the Work Order, for United to prepare an estimate of the cost of Services. In the event that Customer decides to move forward with Services based on the estimate, such fee shall be applied to the cost of such Services. Estimates are based on a limited inspection and upon further inspection additional Services may be required. If Services exceed the estimate, Customer may be contacted for authorization to proceed.
All amounts due under the Work Order shall be payable in full prior to the return of the Equipment to Customer, or 30 days following United's invoice to Customer, whichever comes first. Customer acknowledges that timely payment of the amounts due under the Work Order is essential to United's business operations and it would be impractical and extremely difficult to fix the actual damages caused by late payment. Customer acknowledges that the Equipment will not be released to Customer until payment is made in full. Customer and United agree that there shall be added to all past due amounts, a late payment fee equal to the lesser of 2% per month (a nominal rate of 24% per annum), calculated and payable monthly, on any such past due amounts, or the maximum amount allowed by applicable law.
In addition to such mechanics or similar liens as may be available to United under law, Customer hereby grants to United a security interest and lien upon the Equipment to secure payment of all monies due under the Work Order. The security interest is or shall be perfected by possession of the Equipment or, at United's option, by filing one or more financing statements under applicable provincial personal property security legislation. Customer hereby irrevocably appoints United as Customer's attorney in fact to execute and file such financing statements in the name of Customer. Upon default by Customer in payment of any monies due under the Work Order, United shall have all of the rights and remedies that applicable provincial personal property security legislation provides to a secured creditor. Customer also grants to United all such rights and waivers that a debtor may, under applicable provincial personal property security legislation or other laws, make available to a secured creditor by express agreement or waiver. Customer agrees to pay United all costs which United may incur in enforcing it rights as a secured creditor, including United's legal fees.
Customer agrees to maintain and carry, at its sole cost, adequate liability, physical damage, public liability, property damage and casualty insurance, including all risks of loss or damage covered by the standard extended coverage endorsement, to cover any damage or liability arising from the Service, handling, transportation, maintenance, operation, possession or use of the Equipment. When requested, Customer shall supply to United proof of such insurance by Certificate of Insurance clearly setting forth the coverage for the Equipment, such insurance and evidence thereof to be in amounts and form satisfactory to United. Such insurance shall be primary to any other coverage and shall contain an endorsement that Customer's insurer waives all rights of subrogation against United or its insurer.
It is understood and agreed that each of the parties hereto is an independent contractor and that neither party is, nor shall be considered to be, an agent, distributor or representative of the other. Neither party shall act or represent itself, directly or by implication, as an agent of the other party in any manner assume or create any obligation on behalf of, or in the name of, the other.
Neither party shall assign or subcontract its rights and obligations hereunder without first obtaining the written consent of the non-assigning party.
A. Contract Construction. Any failure of United to insist upon strict performance by Customer of any terms and conditions of the Work Order or these Work Order Terms shall not be construed as a waiver of United's right to demand strict compliance. Customer has carefully reviewed the Work Order and these Work Order Terms and waives any principle of law which would construe any provision hereof against United as the draftsperson of the Work Order or these Work Order Terms.
B. Collection Rights. Customer agrees to pay all reasonable costs of collection, court, legal fees and other expenses incurred by United in the collection of any charges due under the Work Order or in connection with the enforcement of its terms. Customer shall pay the amounts due under the Work Order without any offsets, deductions or claims.
C. Governing Law. This Work Order shall be governed by the laws of the province in which the Store Location is located. The federal and provincial courts in the province in which the Store Location is located shall have exclusive jurisdiction over all matters relating to the Work Order and these Work Order Terms.
D. Jury Waiver. Trial by jury is waived.
E. Class Action Waiver. Customer agrees that any claims or proceedings brought by Customer relating to the Work Order or these Work Order Terms or the Services will be conducted on an individual basis, and not on a class-wide, collective, or representative basis, and that any one person's claims or proceedings may not be consolidated with any other claims or proceedings. Customer will not sue United as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against United. Nothing in this paragraph, however, limits Customer's right to bring a lawsuit as an individual plaintiff.
F. Customer Information. Customer consents to the collection, use and disclosure of his or her personal identification and financial information as described herein. Customer's personal identification and financial information is provided voluntarily and not as part of a credit card transaction. Personal identification information includes, for example, Customer's name, billing address, postal code, telephone number, date of birth, driver's license number and email address. Financial information includes, for example, information related to any balances or invoices related to the Work Order. Customer's personal identification information can be used for purposes of this transaction, any subsequent transactions with United and for United to evaluate and improve its products and services and/or develop new products or services. Customer's personal identification information and/or financial information may be disclosed to contractors, service providers and other third parties that support United's business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which United discloses it to them.
The Work Order and these Work Order Terms represents the entire agreement between the Customer and United with respect to the Service of the Equipment. There are no oral or other representations or agreements not included herein. None of United's rights or Customer's rights may be changed and no extension of the terms of the Work Order may be made except in writing, signed by both United and Customer. Any use of Customer's purchase order number on the Work Order is for Customer's convenience only. This Work Order supersedes any purchase order or other Customer provisions or forms whether sent to or received prior or subsequent to the Work Order.
United shall not be liable for any delays resulting from circumstances or causes beyond its reasonable control and not due to the fault of United, including, without limitation, fire, flood, hurricane, earthquake or other natural disaster or casualty, act of God, strike or labor dispute, war, insurrection, acts of terrorism, riots, or other violence, epidemic or pandemic, inability to obtain parts or materials, or any law, order or requirement of any governmental agency or authority.
The parties agree that the Work Order, these Work Order Terms and any other document contemplated hereby will be drawn up in the English language only. Les parties conviennent que le bon de travail, les présentes modalités du bon de travail et tout autre document prévu aux présentes seront rédigés en anglais seulement.
If one or more clauses or paragraphs in these Work Order Terms are illegal or unenforceable in whole or in part, it or they shall be considered separate and severable from these Work Order Terms and the remaining provisions of these Work Order Terms shall remain in full force and effect and shall be binding on the parties as though paragraphs or parts in question had never been included.