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BIOFLEX Laser Therapy System Equipment Rental Agreement

This Equipment Rental Agreement (“Agreement”) is made between BIOFLEX Laser Therapy Clinic at 411 Horner Avenue, Unit 1, Toronto, ON M8W 4W3 (“Owner”), and the BIOFLEX Laser Therapy Clinic customer (“Renter”) and is effective the date that the Renter adds to unit to his/her online shopping cart and completes online checkout.

Terms and Conditions

Owner rents to Renter, subject to the terms and conditions off this Agreement, One BIOFLEX Laser Therapy System, valued at $5,500 CAD or P180 or $7,345 CAD or Miniport Home, comprised of one portable carry bag, one controller unit, one treatment array, one power cable, one array cable, and one user manual, herein after referred to as (“Equipment”).

  1. Term. This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is returned to Owner.
  2. Payment. Renter shall authorize Owner to charge the credit card on file with Owner an amount equal to all payments and Iles due under this Agreement.

Renter shall also pay other charges in accordance with this Agreement due upon return of. Equipment, to the fullest extent allowed by law, included but not limited to:

  1. Applicable taxes;
  2. Loss or or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees or processing the claim and legal expenses;
  3. Unless due to fault of owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term;
  4. All expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment; and
  5. All costs incurred to collect unpaid monies due.
  1. Repair and Alterations. The costs of all repairs made during the Term shall be paid by Renter, including but not Limited to labor, material, parts and other items. Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.

Restrictions on Use. Renter shall not:

  1. Operate or use the Equipment or permit it to be operated or used in violation of law; and/or
  2. Operate, use, maintain or store the Equipment in a manner Likely to cause damage to the Equipment.
  1. Loss or Damage. Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment.
  2. Return of Equipment. Renter shall return Equipment in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Equipment to the Owner’s address by personal drop-off during business hours or by mail, paid at the Renter’s expense, and including both tracking and insurance.
  3. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions on this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
  4. Ownership. Owner shall at all times retain ownership and title to the Equipment. Renter shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
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