EQUIPMENT RENTAL AGREEMENT
The following terms and conditions (“Equipment Rental Agreement”) form part of Agreement. If there is any inconsistency between these Equipment Rental Agreement and any other document forming part of Agreement, this Equipment Rental Agreement will prevail unless such other document is executed by BK Electronic Design Inc. and specifically provides that it prevails over these Equipment Rental Agreement.
Please review the entire Agreement.
By renting Equipment and activating the Subscription Service, you acknowledge that you have read, understood, and agree to these Rental Agreement.
This Equipment Rental Agreement is made between BK Electronic Design Inc., established and existing in accordance with the laws of the Province of Ontario, Canada, with its office located at 212 Ashridge Place, city of Mississauga, Ontario, L4Z 1K7, CANADA., referred to as “PROVIDER” and the customer identified in the purchasing documents (“Customer”).
1. EQUIPMENT
PROVIDER agrees to rent to Customer, and Customer agrees to rent from PROVIDER, the Fill Level Sensors and other equipment (collectively, the “Equipment”) listed in purchasing documents.
2. TERM AND TERMINATION
The rental term for the Equipment shall continue until terminated by either party upon written notice to the other. The subscription service agreement between the parties shall govern the term of this Agreement, and termination of such agreement shall automatically terminate this Agreement. Upon termination of the subscription service agreement, Customer shall return the Equipment to PROVIDER within thirty (30) days.
3. EQUIPMENT OWNERSHIP
The Equipment rented under this Agreement remains the property of PROVIDER at all times. Customer acknowledges that it has no right, title, or interest in or to the Equipment except as granted herein.
4. RETURN OF EQUIPMENT
Customer shall return the Equipment to PROVIDER at its own expense and in good working condition within thirty (30) days after termination of the subscription service agreement. The Equipment shall be shipped to:
BK Electronic Design Inc. 212 Ashridge Place, Mississauga, ON. L4Z 1K7. Canada
5. DAMAGE TO EQUIPMENT
Customer shall be responsible for any damage to or loss of the Equipment, including but not limited to normal wear and tear. In the event of damage or loss, Customer shall reimburse PROVIDER for the full cost of the damaged or lost Equipment, which is mentioned in sales documents before any applicable discounts.
6. MAINTENANCE AND REPAIR
Customer shall properly maintain and use the Equipment in accordance with the manufacturer’s instructions and recommendations. Customer shall not make any alterations or repairs to the Equipment without the prior written consent of PROVIDER.
7. INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless PROVIDER and its officers, directors, employees, agents, and affiliates from and against all claims, demands, actions, causes of action, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) Customer use of the Equipment; (b) any breach by Customer of this Agreement; or © any claim that the Equipment infringes on any patent, trademark, copyright, or other intellectual property rights.
8. LIMITATION OF LIABILITY
PROVIDER shall not be liable for any consequential, indirect, special, punitive, or exemplary damages arising out of or related to this Agreement, including but not limited to loss of profits, business interruption, or loss of data.
9. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any principles of conflicts of law. The parties hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada.
10. EXPORT CONTROL
Customer agrees that it will comply with all applicable export control laws and regulations in connection with its use of the Equipment.
11. CHANGES TO AGREEMENT
PROVIDER reserves the right to modify this Agreement at any time, without notice, by posting changes on its website or otherwise making them available to Customer.
12. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between the parties.
By using the Equipment, Customer acknowledges that it has read, understands, and agrees to be bound by the terms and conditions of this Agreement.