TERMS OF LEASE FOR RENTAL ITEMS
The Client agrees to lease from HS Home Staging & Design Centre Inc all items including (but not limited to) Furniture, Artwork, Lighting, Bedding, and Decor Accessories set out in invoices (the “Rental Items”) and subject to the terms and conditions set out in this Agreement.
Term of Lease. The term of the lease shall commence on Rental Period Date and continue for a period of thirty (30) days (the “Initial Term”) and thereafter, shall automatically renew for successive thirty (30) day periods (each, a “Renewal Term'') unless the Client provides notice of non-renewal at least seven (7) business days prior to the end of the then current term or unless this Agreement is terminated earlier in accordance with the provisions hereof. We shall issue an invoice to the Client for each Renewal Term.
Payment. The Client agrees to pay all amounts due and payable to HS Home Staging & Design Centre Inc. under this Agreement plus all applicable taxes including, without limitation,
(i) all rental and other amounts set out in each Invoice (collectively, the “Rental Amounts”), and
(ii) all charges and fees set out in this Agreement.
The Rental Amount for the Initial Term shall be due and payable day of Rental Period Date. The Rental Amounts for each Renewal Term shall be due on the last business day of the Rental Agreement.
Termination. The Client may terminate this Agreement by providing us with prior written notice as follows:
(a) The Client may terminate this Agreement if the Client provides us with written notice of termination at least five (5) business days prior to
the initial Rental Period Date, then all amounts paid by the Client to us shall be returned.
(b) The Client may terminate this Agreement if the Client provides us with written notice of termination at least 3 to 4 business days prior to the initial Rental Period Date, then the Client shall be charged 20% restocking fee of the initial amount for the initial term plus applicable taxes.
(c) The Client may terminate this Agreement if the Client provides us with written notice of termination at least 1 to 2 business days prior to the initial Rental Period Date, then the Client shall be charged a 50% restocking fee of the initial amount for the initial term plus applicable taxes.
(d) The Client may terminate this Agreement at any time after the initial Rental Period Date. The Client shall not be entitled to any refund, discount, or abatement unless we, in its sole discretion, agree otherwise.
Payment Methods and Authorization. The Client hereby authorizes HS Home Staging & Design Centre Inc to charge, as applicable, all amounts due and payable to HS Home Staging & Design Centre Inc under this Agreement plus all applicable taxes to the Credit Card provided. This Section shall survive and not merge with the expiration or termination of this Agreement. Should the Credit Card provided by the Client fail to accept charges via declined, canceled, or any other reason, the Client shall provide us with a replacement credit card within 1 business day once notified of the Credit Card or can e-transfer to info@hscalgarystaging.com as an alternate payment method.
CLIENT’S RESPONSIBILITY FOR RENTAL ITEMS
Inspection. The Client shall within one (1) calendar day from receiving the Rental Items , provide HS Home Staging & Design Centre Inc with written notice specifying any defect in the Rental Items. The Client agrees that it shall be conclusively presumed as between us and the Client, that we have fully inspected the Rental Items and acknowledged that the Rental Items are in full compliance with the terms of this Agreement, in good and proper condition and repair, and that the Client is satisfied with and has accepted the Rental Items in such condition and repair. Upon reasonable notice to the Client, we shall be entitled to access the property of the Rental Items in order to inspect the Rental Items.
Maintenance of the Rental Items. The Client shall not alter or disfigure any of the Rental Items. The Client shall prevent the furnishings from being subjected to careless, unusual, inappropriate or improper usage and shall use the Rental Items only for the purpose identified.
Return of Rental Items On the expiry or termination of this Agreement for any reason whatsoever, the Client shall return the Rental Items to us in as good condition as when delivered, subject only to ordinary wear and tear. The Client shall be responsible for any and all damage caused to the Rental Items as determined by us and for all costs and expenses incurred by us with respect to cleaning, repairing and, if necessary replacing, such Rental Items. The Client agrees that the cost for replacing any Rental Item shall be the “Sale Price” of the Rental Item. At least seven (7) business days prior to the end of the current term, the Client and us shall agree on a date and time for us to pick up the Rental Items from the property. Failure of the Client to have the Rental Items available and ready for pick up by us will result in additional handling and other fees charged to the Client including, without limitation, the Sale Price Cost of the Rental Items.
Restricted Activities
(a) Removal from Property. The Client shall not remove any of the Rental Items from the property. If the Client removes any of the Rental Items from the property without our written consent, then the Client shall be charged a transfer fee of at least $800.00, which the fee shall be determined by our sole discretion.The Client shall be responsible for any and all damage caused to such Rental Items as determined by us including all costs and expenses incurred by us with respect to cleaning and/or repairing such Rental Items, and the Sale Price Cost of any Rental Item that cannot be cleaned or repaired.
(b) Smoking The Client shall not allow any smoking at the property where the Rental Items are situated. The Client shall be responsible for any and all damage caused to such Rental Items as determined by us including all costs and expenses incurred by us with respect to cleaning and/or repairing such Rental Items, and the Sale Price Cost of any Rental Item that cannot be cleaned or repaired.
Pets and Animals. The Client shall promptly notify us if any pets and animals were at any time present at the property where the Rental Items were situated. If any such pets or animals were at any time present at the property where the Rental Items were situated, then the Client shall be charged a cleaning fee of $100.00 for upholstered Rental Item or any Area Rugs regardless of whether or not there was any damage caused to the Rental Items or Area Rugs.
Stains. The Client shall be charged a cleaning fee of $450.00 per Rental Item that has been stained. Stains include but are not limited to:smoke stains/smell, food, grease, liquids etc. If a stain cannot be removed, it will fall under irreparable damage and the Client agrees to paying the Sale Price Cost.
Ownership. HS Home Staging & Design Centre Inc shall at all times retain ownership and title of the Rental items. The Client shall not encumber, pledge, or permit any lien to be placed on the Rental Items, and the Client shall give us immediate notice in the event that any of the Rental Items are levied upon or are about to be become liable to or is threatened with seizure. The Client shall indemnify us against all loss or damage caused by any such action.
No subletting/Assignment. The Client may not sublease or otherwise assign, transfer or convey any interest of the Rental Items. The Client may not assign this agreement without the prior written consent from us.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.
TERMS AND CONDITIONS OF SALE OUR INVENTORY
Our Rental Items are for sale, we will sell them as “Inventory Sale”. The price of the Rental Item shall be Sale Price Cost. The following terms and conditions of (“Terms and Conditions”) will be applicable to all “Inventory Sale” items:
EXCLUSION OF WARRANTIES. We do not make any representations or warranties of any kind regarding any “Inventory Sale” items. If the manufacturer of a product provides a manufacturer’s warranty, and such warranty is transferable to the purchaser, then the purchaser shall be afforded all rights, solely as against the manufacturer, and not us, as provided for in the manufacturer’s warranty. ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE EXPRESSLY EXCLUDED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Any oral statement regarding the Inventory Sale or about any service that is made by our employees or agents do not constitute warranties, and such statements shall not become a part of this Agreement, and shall not be relied upon by the purchaser.
Limitation of Liability. In no event shall we be liable for any consequential or incidental damages. In no event shall our liability arising out of or resulting from your purchase of any “Inventory Sale” item under this Agreement, for any reason, exceed the amount actually paid to us for the concerned “Inventory Sale” item.
ADDITIONAL TERMS AND CONDITIONS
Delivery. HS Home Staging & Design Centre Inc.uses a third party moving company for deliveries and is not liable for damages to property due to the moving company. The Client shall ensure that the moving company has access to the project site in order to deliver and pick up the Rental Items. The Client must notify us of any parking restrictions or special delivery instructions at the property prior to the delivery / pick up date. Any parking tickets received by the moving company as a result of the Client’s failure to notify us of any such parking or special delivery instructions shall be charged to the Client. If the moving company is unable to access the project site then the Client shall be charged a fee of $20.00 for every 15 minutes from the time of the agreed upon delivery/pick up until such time the moving company is granted access to the property, up to a maximum of $120.00.
It is the sole responsibility of Client to ensure that driveways, walkways and entrances are free of any obstructions, including but not limited to snow, ice, mud, furniture, bicycles, skateboards, shoes, etc., to allow the moving company to deliver/pick up rental items. .
If there is an elevator to access the project site, the client must arrange for the elevator to be locked off for the moving company the day of delivery/pick up . All costs are the Client’s responsibility.
Release of Personal Information. The Client hereby agrees to our collection, use and disclosure of the Client’s personal information including, without limitation, the Client’s name, address, email address, phone number, and the disclosure of such personal information to third parties such as delivery service providers, and such other third parties that we determines, in our sole discretion, are necessary to perform our obligations hereunder and to exercise our rights under this Agreement and at law.
Default and Remedies. Each of the following shall be considered an “Event of Default”:
(a)The Client defaults in respect of any payment hereunder;
(b)The Client defaults in the performance of any other covenant in this Agreement and such default continues for ten (10) days after written notice thereof by HS Home Staging & Design Centre Inc ;
(c)The Client files a petition in bankruptcy or is adjudged a bankrupt, or a petition in bankruptcy is filed against the Client ;
(d) The Client becomes insolvent, takes advantage of legislation for creditor relief, has a receiver or receiver-manager appointed in
relation to its assets; or
e) The Client discontinues the Client ’s business.
Upon the occurrence of an Event of Default, the HS Home Staging & Design Centre Inc shall have the right to exercise any one or more of the following remedies:
(f) To declare all Rental Amounts hereunder immediately due and payable as to any or all Leased Items, without notice or demand to the Client
(g) To sue for and recover all Rental Amounts, and any other payments, fees and charges, then accrued or thereafter accruing, with respect to any or all of the Leased Items;
(h) To take possession of any or all of the Leased Items without demand or notice, or legal process. The Client 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 Leased Items unless the HS Home Staging & Design Centre Inc expressly so notifies the Client in writing;
(i) To terminate this Agreement as to any or all of the Leased Items; and
(j) To pursue any other remedy at law or in equity.
Despite any such repossession or any other action which HS Home Staging & Design Centre Inc may take, Client shall be and remain liable for the full performance of all obligations on the part of the Client to be performed under this Agreement. The Client shall pay the HS Home Staging & Design Centre Inc all costs and expenses, including legal fees, incurred by the HS Home Staging & Design Centre Inc in exercising any of the HS Home Staging & Design Centre Inc ’s rights or remedies under this Agreement or in enforcing any of the terms, conditions or provisions of this Agreement including the collection of all past due amounts.
Indemnification. To the fullest extent permitted by law, The Client agrees to indemnify and hold us and our directors, officers, employees and authorized representatives harmless from and against any and all claims, losses, actions, suits, proceedings, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and related costs) (each a “Claim”, and together “Claims”) relating to, arising out of or resulting from the actions and omissions of the Client and/or of any Related Professional, construction contractor, contractor, subcontractor, vendor, tradesperson, supplier, agent, or other third party hired or otherwise retained by the Client or on the Client’s behalf. Arising out of, in connection with, or resulting from the Client’s use, operation, control, possession, and storage of the Rental Items including, without limitation, any negligence of the Client whether by commission or omission and any liability for injury (or death) to persons or property caused by the Client’s use, operation, control, possession, and storage of the Rental Items. This Section shall survive and not merge with the expiration or termination of this Agreement.
Currency. Unless otherwise specified,all references to money amounts in this Agreement and each Invoice are to the lawful currency of Canada.
Entire Agreement. This Agreement together with all Invoices constitutes the entire agreement between the parties hereto and supersedes all other understandings, agreements, negotiations and discussions, written or oral, made by the parties hereto with respect to the subject matter hereof.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein.
Notice. Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be delivered in person, transmitted by email or other means of recorded electronic communication, or sent by courier or registered mail, charges prepaid, addressed as follows:
HS Homes Staging & Design Centre Inc .
Bay 1, 1411 25th Avenue BNE, Calgary, AB T2E 7L6
Attention: Tricia Stojke
Email: info@hscalgarystaging.com