Winder Stream Enterprises Inc. Towable Boom Lift Rental 1 (506) 321-6295
Welcome!
ARE YOU PREPARED TO NEVER USE A LADDER AGAIN?
Winder Stream Enterprises is a small boom lift rental business located in Saint George, New Brunswick, serving the Charlotte County and City of Saint John Areas. Our current inventory includes a JLG T-500J with integrated electrical, high pressure air and water.
About Us
What do we do?
Why, make you want to never use a ladder again, of course! Rent an affordable boom lift and do twice the work in half the time!
Who are we?
Winder Stream Enterprises is a small boom lift rental business located in Saint George, New Brunswick, serving the Charlotte County and City of Saint John Areas. Our current inventory includes a towable JLG T-500J with integrated electrical, high pressure air, and high pressure water attachments for ease of use in both commercial and residential applications. This lift will fit through any opening that is 6'wide and 7.5' high, making it a great option for indoor use in warehouses or other large buildings.
Why rent from us?
We offer extremely low rates. The lift is well maintained, inspected annually for safety and has simple controls. Spend more time relaxing and less time working!
Rental Rates
Pick the rental that matches your project!
Daily Rental
$300
Small project? But the thought of using a ladder hurts you? This option may be for you!
Weekend/2-day rental
$400
Maybe your project is a bit larger? Or you want to work on the weekend (or any other 2-days)? Try this option for less than 2 single day rentals!
Weekly Rental (Mon - Fri)
$1000
Have a larger project, like painting your house or shingling your roof? You can have the lift for 5 weekdays for the price of 3 and a bit!
Need something longer?
$ Negotiable
Are you a Contractor, Electrician, or Painter and you need a lift for your jobsite? Give us a call and we can work out a plan that fits your needs!
A Few Details!
JLG T-500J 50' Boom Lift Rental
So, you have questions? Here are a few answers!
Why rent a boomlift? Work smarter AND faster! When you're in the basket there is no need to climb up and down. All your tools can be at your fingertips.
What are your rates? $200/day , $300/2-days, $750/week, longer rentals negotiable. All plus tax.
How long do I get to use the lift? Pickup (on rent) is 5pm and return (off rent) is 4pm the following day, or the final day of the rental.
How do I get the lift to my project? Any half-ton truck with a Class 3 or higher hitch, with a 2" ball, can tow our lift! The trailer plug is the large 7-pin style.
Oh No!! I don't have a truck! Do you deliver? Typically, the renter would pick up the lift at our location. However, upon request, delivery and pick up may be offered. There is a fee depending on the distance please understand that the rental time is unchanged if I deliver the lift.
What attachments are on the lift? There is an easily accessible dual 20A GFCI electrical receptacle, 1/4" NPT high pressure air hose (compressor required), and high pressure water hose (pressure washer required)
Do you offer air compressors, pressure washers, or other equipment? Unfortunately no, not at this time. (My insurance company would have a complete fit if I did!)
What is the weight capacity of the basket? 500lbs total. That's the weight of everything going for the ride!....you, your tools, and any materials with you!
Can it be operated inside? Yes, the lift will fit through a 6' wide by 7.5' door.
What is the power source? Battery operated, no fumes or engine noise! It is recommended that the lift be plugged in to maintain battery charge.
Do you offer additional insurance? Unfortunately, no. The renter is responsible for the care of the lift while it is in their hands. I would suggest a call to your insurer just to make sure they know what you're doing!
Do you have a rental agreement? Why YES we do! Please see the Terms and Agreement section.
What if my project takes longer than anticipated? Just give me a call and I'll let you know if its available for a longer rent! If it isn't available , please understand that others may not like ladders either....
Is the lift for sale? I get this question quite often ….and....nope.... it is NOT!
Contact Us
Call or Text Rob - 1 (506) 321-6295
We love our customers feel free to call or text. If texting or speaking isn't your thing, drop us a line by email! If you're not sure how....look to the left.
Please ensure that you include your name and contact information, the type and location of your project as well as the length of time you would like to use our lift and we will return your chosen method of commas soon as possible.
If we don't answer right away its likely because we are making somebody else fall in love with our lift!
The Fine Print! ....... Rental Terms and Agreement
Rental Terms and Conditions
The below terms apply to the rental of equipment from Winder Stream Enterprises Inc., herein referred to as Winder Stream
Please read carefully. By accepting delivery of the Equipment (defined below) or making payment(s) to Winder Stream for the same, Customer agrees to be bound by the Rental and Service Terms, even if the Rental Agreement has not been fully executed.
1. DEFINITIONS.
“Agreement” means the Reservation Details, together with any associated Rental Agreement including these Rental Terms.
“Credit Card” means the credit card provided by Customer as part of this Agreement or otherwise kept on file with Winder Stream.
“Customer” means the person or entity identified as such in the Reservation Details or any representative, agent, officer, or employee of Customer.
“Equipment” means a JLG T-500J Towable Boom Lift, and any accessories, attachments or other similar items delivered to or picked up by Customer including, but not limited to, generators, air hoses, water hoses, and electric cords.
“Rental Agreement” means the agreement made between Customer and Winder Stream for Winder Stream to rent Equipment, whether that agreement is made in person at the Store Location, online or at the time of Equipment delivery, and which incorporates by reference these Rental Terms.
“Rental Period” means the period of time between the “Rental Out” and “Scheduled In,” set forth in the Reservation Details, except that the Rental Period may terminate earlier as provided in Sections 11 and 22 hereof or if Customer returns the Equipment earlier.
“Reservation Details” means the Equipment, Rental Period, delivery information, payment information and other information set forth in the Rental Agreement.
“Store Location” means the Winder Stream address set forth in the Rental and Service Agreement.
“Winder Stream” means Winder Stream Enterprises Incorporated.
2. AUTHORITY TO SIGN.
Any individual signing the Agreement represents and warrants that he or she is of legal age and has the authority and power to sign this Agreement on behalf of Customer.
3. INDEMNITY/ HOLD HARMLESS.
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD WINDER STREAM, AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE (A) OPERATION, USE, POSSESSION OR RENTAL OF THE EQUIPMENT, OR (B) ERRORS, OMISSIONS OR INACCURACIES IN THE DOCUMENTS OR OTHER INFORMATION PROVIDED BY CUSTOMER OR OBTAINED FROM OTHERS, UPON WHICH WINDER STREAM RELIES WHEN PROVIDING THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST WINDER STREAM BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY WINDER STREAM FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF WINDER STREAM. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE AGREEMENT.
4. INSPECTION OF EQUIPMENT.
Customer acknowledges that Customer has inspected the Equipment prior to taking possession thereof, finds it in good working order and repair and suitable for Customer's needs. Customer has inspected or will inspect all hitches, bolts, safety chains, hauling tongues and other devices and materials used to connect the Equipment to Customer's towing vehicle, if any. Customer acknowledges Winder Stream is not responsible for any damage to Customer's towing vehicle caused by detachable hitches.
5. LIMITATION OF LIABILITY.
In no event shall Winder Stream be liable or responsible to Customer or any other person for: (i) any loss, damage or injury caused by, resulting from or in any way connected with the Equipment, its operation or its use; (ii) Winder Stream's failure to deliver the Equipment as required hereunder or Winder Stream’s failure to repair or replace non-working Equipment; (iii) or any incidental, consequential, punitive or special damages, even if so advised of the possibility of such damages. Customer acknowledges and assumes all risks inherent in the operation, use and possession of the Equipment from the time the Equipment is delivered to Customer until the Equipment is returned to Winder Stream and will take all necessary precautions to protect all persons and property from injury or damage from the Equipment.
6. CUSTOMER RESPONSIBILITIES.
Customer shall provide Winder Stream with the information and the documentation Winder Stream requests to assess, plan, and provide the Equipment. All Equipment is provided based on information provided by Customer or others and Winder Stream is relying on the accuracy and completeness of such information in providing the Equipment. Customer recognizes that it is impossible for Winder Stream to assure the accuracy, completeness and sufficiency of information provided by others, either because it is impossible to verify, or because of errors or omissions that may have occurred in assembling such information.
7. USE OF EQUIPMENT.
Customer is familiar with the proper operation and use of each item of Equipment. Customer has selected the Equipment based on its requirements and will not use or allow anyone to use the Equipment for an illegal purpose or in an illegal manner; without a license, if required under any applicable law; or who is not qualified to operate it. Customer agrees to check fluid levels and tire air pressure; (ii) clean and visually inspect the Equipment daily; and (iii) immediately cease using the Equipment and immediately notify Winder Stream if Equipment needs repair or maintenance. Customer acknowledges that Winder Stream has no responsibility to inspect the Equipment while it is in Customer's possession. Unless Customer otherwise notifies Winder Stream in writing at the time of signing the Agreement, Customer represents and warrants that Customer is entering into the Agreement only for business, commercial purposes or for personal, family, household purposes, and not for or in connection with the operation of a farm, ranch or feedlot, and the Equipment will not be used for any such purposes.
8. REGULATED MATERIALS.
Customer agrees not use the Equipment for the storage and handling of Regulated Materials (as defined herein). Definitions. “Regulated Materials” means any substance or material which under any Environmental Laws is defined to be "hazardous", "toxic", "deleterious", "caustic", "dangerous", a "contaminant", a "pollutant", a "dangerous good", a "waste", a "source of contamination" or a “source of a "pollutant" or any other substance the storage, manufacture, disposal, treatment, generation, use, transport, remediation or release into the environment of which is prohibited, controlled, regulated or licensed under Environmental Laws or the existence of which in the soils or groundwater of property exceeds applicable industrial/commercial standards established by governmental authorities from time to time. "Environmental Laws" means all federal, provincial, municipal or local statutes, regulations, by-laws, environmental permits, orders or rules, and any policies or guidelines of any governmental or regulatory body or agency, and any requirements or obligations arising under the common law, relating to the environment and, the transportation of dangerous goods and occupational health and safety.
9. COMPLIANCE WITH APPLICABLE LAWS.
Customer shall, at Customer’s sole expense, comply with all applicable municipal, provincial, territorial and federal laws, ordinances and regulations (including but not limited to those relating to occupational health and safety and to the environment), industry standards and building and zoning codes, and shall possess and maintain all professional licenses, and other licenses and permits, which may apply to the use of the Equipment (“Licenses and Permits”). Licenses and Permits include, without limitation, the discharge of treated water, and disposal of waste or spent Specialty Media or other materials, and security, traffic control and road crossings associated with the use of the Equipment. Customer shall ensure that the Equipment at all times remains movable personal property. Customer shall not permit or allow the Equipment to be incorporated, attached or joined to any real or immovable property such that it causes the Equipment to be deemed a fixture.
10. WARRANTY/ DISCLAIMER OF WARRANTIES.
WINDER STREAM WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD WORKING ORDER UPON DELIVERY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WINDER STREAM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, TO MEET ANY APPLICABLE REGULATORY STANDARD. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS OR CONTAMINANTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THE AGREEMENT, WINDER STREAM DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL TRANSACTION.
11. MALFUNCTIONING EQUIPMENT.
Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and immediately notify Winder Stream. If such condition is the result of normal operation, Winder Stream will repair the Equipment, if such repair is feasible as determined by Winder Stream. Winder Stream has no obligation to refund rental charges, repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Customer’s sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure. Customer must return the Equipment to the Store Location within twenty-four (24) hours from the time of defect in order to terminate rental charges.
12. RETURN OF EQUIPMENT / DAMAGED & LOST EQUIPMENT / ABANDONMENT.
At the expiration of the Rental Period, Customer will return the Equipment to the Store Location during Winder Stream’s regular business hours or if Winder Stream has agreed to pick up the Equipment, Winder Stream shall endeavor to pick up the Equipment within a commercially reasonable period of time after Customer notifies Winder Stream that the Equipment is called “off-rent”. Customer agrees that in the event Winder Stream is unable to pick up Equipment for any reason at the end of the Rental Period the Equipment shall not be deemed “abandoned” under any municipal, provincial, territorial and/or federal laws, ordinances and/or regulations. Customer is obligated to restore the Equipment to the same condition as when delivered, reasonable wear and tear (as defined below) excepted. Customer shall be responsible for all damages to or loss of the Equipment from the time the Equipment leaves the Store Location until the Equipment is either returned to the Store Location, including any damage during transit to or from Customer, or picked up by Winder Stream. In the case of the loss or destruction of any Equipment, or inability or failure to return same to Winder Stream for any reason whatsoever, Customer will pay Winder Stream the then full replacement list value of the Equipment together with the full rental rate as specified until such Equipment is replaced. If the Equipment is returned in a damaged or excessively worn condition, Customer shall pay Winder Stream the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been completed. Winder Stream shall be under no obligation to commence repair work until Customer has paid to Winder Stream the estimated cost therefor. Customer agrees that Winder Stream reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this Section due to damaged or lost Equipment.
13. REASONABLE WEAR AND TEAR.
Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one shift basis (as defined in Section 15 below). The following shall not be considered reasonable wear and tear: (i) damage resulting from lack of lubrication, improper maintenance of necessary oil, water and air pressure levels, or freezing; (ii) except where Winder Stream expressly assumes the obligation to service or maintain the Equipment, any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer’s operation and maintenance manual; (iii) damage resulting from any collision, overturning or improper operation, including overloading or exceeding the rated capacity of the Equipment; (iv) damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of the Equipment or any part thereof; (v) wear resulting from use in excess of shifts for which rented; (vi) and any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry.
14. LATE RETURN.
Customer agrees that if the Equipment is not returned by the end of the Rental Period, Winder Stream, in its sole discretion, may require Customer to do any of the following: (i) continue to pay the rental rate(s) applicable to the Equipment as specified in the Agreement; (ii) for periods less than 24 hours, pay the full daily rental rate applicable to the Equipment; (iii) pay any increased rental rate(s) in effect at the time of, or after, the expiration of the Rental Period. Customer agrees that Winder Stream reserves the right to charge the Credit Card, and/or Customer’s account for any amount owed by Customer pursuant to this Section due to late return of Equipment.
15. RENTAL PERIOD / CALCULATION OF CHARGES.
Rental charges commence when the Equipment leaves the Store Location and end when the Equipment is either returned to the Store Location during Winder Stream’s regular business hours or picked up by Winder Stream after Customer notifies Winder Stream that the Equipment is “off rent” and obtains an “off rent” confirmation from Winder Stream. Pick-up and delivery by Winder Stream is subject to a “Delivery and Pick-up Service Charge”, the amount(s) of which are disclosed on the Rental and Service Agreement. Rental charges do not include the cost of the Delivery and Pickup Service Charge or other miscellaneous charges, the amount(s) of which are disclosed on the Rental and Service Agreement. Additionally, Winder Stream shall invoice Customer for any additional excess cleaning or repair costs, including: (i) removal of any alterations made by Customer to the Equipment; (ii) restoration of the Equipment to its original configuration; or (iii) transportation to and from an approved repair facility. Rental charges accrue during Saturdays, Sundays and Holidays. Rental rates are for normal “one shift” usage based on an eight (8) hours day, 40 hours per week and 160 hours per four-week period. On power equipment, operations in excess of one shift will be as follows: one and one-half times the rental charge for double shift and two times the rental charge for triple shift. Customer will truthfully and accurately certify to Winder Stream the number of shifts the Equipment was operated. Customer’s right to possess the Equipment terminates on the expiration of the Rental Period and retention of possession after this time is a material breach of the Agreement. TIME IS OF THE ESSENCE OF THE AGREEMENT.
16. DEPOSIT.
In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the terms of the Agreement to be performed by Customer. In the event of any breach by Customer, the deposit will be credited against any damages, cost or expense incurred by Winder Stream as a result of the breach.
17. PAYMENT.
All amounts due hereunder shall be payable in full upon receipt of invoice by Customer. Customer acknowledges that timely payment of rental and service charges is essential to Winder Stream’s business operations and it would be impractical and extremely difficult to fix the actual damages caused by late payment. Customer and Winder Stream agree that there shall be added to all past due rental charges a late payment fee equal to the lesser of three percent (3%) per month (36% per annum) on any such payments outstanding after 30 days, or the maximum amount allowed by applicable law. Rental rates do not include sales tax, goods and services tax or other taxes, levies and assessments required to be collected by Winder Stream from Customer at any time upon, or in respect of, the Equipment and/or the Agreement (collectively, “Taxes”). Customer agrees that Winder Stream reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this Section due to late or past due payment(s) or rental charges or Taxes. In the event Customer provides or asserts that no Taxes should be collected in respect of a transaction, Customer agrees to provide a valid tax exemption certificate, tax registration number or other documentation suitable to Winder Stream evidencing that no Taxes are collectible. Should the transaction later be deemed taxable, Customer is obligated to and shall promptly reimburse Winder Stream for any Taxes, plus applicable interest and penalties thereon, that should have been collected from Customer.
18. TITLE / NO PURCHASE OPTION / NO LIENS
The Agreement is not a contract of sale, and title to the Equipment shall at all times remain with Winder Stream. Unless covered by a specific supplemental agreement signed by Winder Stream, Customer has no option or right to purchase the Equipment. Customer shall keep the Equipment free and clear of all mechanics and other liens and encumbrances.
19. DEFAULT.
Customer shall be deemed in default should Customer fail to pay any amount when due hereunder; fail to perform, observe or keep any provision of the Agreement; become “Insolvent” (as defined herein), or should Winder Stream anticipate that Customer may become Insolvent; or otherwise be in default. If Customer is in default, Winder Stream may do any one or more of the following: (i) terminate the Rental Period; (ii) declare the entire amounts due hereunder immediately due and payable and commence legal action therefor; (iii) cause Winder Stream’s employees or agents, with notice but without legal process, to enter upon Customer’s property and take all action necessary to retake and repossess the Equipment, and Customer hereby consents to such entry, re-taking and repossession and hereby waives all claims for damages and losses, physical and pecuniary, caused thereby and shall pay all costs and expenses incurred by Winder Stream in retaking and repossessing the Equipment; or (iv) pursue any other remedies available by law. Customer shall be considered “Insolvent” if Customer shall generally not pay, or be unable to pay, or admit its inability or anticipated inability to pay its debts as such debts become due; make an assignment for the benefit of creditors, or petition or apply to any court or tribunal for the appointment of a custodian, receiver, or trustee for it or a substantial part of its assets; commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or hereafter in effect; have had any such petition or application filed or any such proceeding commenced against it in which an order for relief is entered or an adjudication or appointment is made; or take any action indicating its consent to, approval of or acquiescence in any such petition, application, proceeding or order for relief or the appointment of a custodian, receiver or trustee for all or any substantial part of its properties.
20. CUSTOMER'S INSURANCE COVERAGE.
Customer agrees to maintain and carry, at Customer’s sole cost, the following insurance: (i) commercial or personal auto liability insurance with at least a per occurrence limit of $2 million; (ii) commercial general liability insurance (providing coverage equal to or greater than the standard ISO CG 00 01 12 04 form) with limits of insurance not less than $2 million per occurrence and $4 million in the aggregate; and (iii) commercial or personal property insurance for the full replacement cost of the Equipment, including coverage for all risks of loss or damage to the Equipment. Customer shall obtain insurance policies that provide, or are endorsed to provide, that all insurance required hereunder is primary and non-contributory to any other insurance maintained by Winder Stream. Winder Stream shall be named as an additional insured for liability insurance and, if applicable, additional loss payee for property insurance. Any deductibles or self-insured retentions shall be the sole responsibility of the Customer. All insurance required by the Agreement shall include a waiver of rights of recovery against Winder Stream or its insurers by the Customer and its insurers, as well as a waiver of subrogation against Winder Stream or its insurers. The policies required hereunder shall provide that Winder Stream must receive not less than 90 days’ notice prior to any cancellation.
21. NO ASSIGNMENT, LENDING OR SUBLETTING.
Customer shall not sublease, subrent, assign or loan the Equipment without first obtaining the written consent of Winder Stream, and any such action by Customer, without Winder Stream’s written consent, shall be void. Customer agrees to use and keep the Equipment at the job site set forth in the Agreement unless Winder Stream approves otherwise in writing. Winder Stream may at any time, without notice to Customer, transfer or assign the Agreement or any Equipment or any moneys or other benefits due or to become due hereunder.
22. OTHER PROVISIONS.
a) Any failure of Winder Stream to insist upon strict performance by Customer of any terms and conditions of the Agreement shall not be construed as a waiver of Winder Stream’s right to demand strict compliance. Customer has carefully reviewed the Agreement and waives any principle of law which would construe any provision hereof against Winder Stream as the drafter of the Agreement. Any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply to the interpretation of the Agreement.
b) Customer agrees to pay all reasonable costs of collection, court, legal fees and other expenses incurred by Winder Stream in the collection of any charges due under the Agreement or in connection with the enforcement of its terms.
c) Customer shall pay the rental charge(s) without any offsets, deductions or claims.
d) 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 Agreement. Customer’s personal identification information and financial information can be used for purposes of this transaction, any subsequent transactions with Winder Stream and for Winder Stream 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, who may be located outside of Canada where Customer’s information may be subject to disclosure under local laws, that support Winder Stream’s business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
e) Winder Stream shall have the right to immediately repossess the Equipment, without any liability to Customer, in the event of: (i) permanent closure of the Store Location; (ii) declaration of any emergency, disaster or similar situation by any federal, provincial, territorial or local government; or (iii) as otherwise set forth in the Agreement.
f) Winder Stream may make any registrations, recordations, filings or financing statements necessary or desirable to protect or discharge, as the case may be, its ownership of and interests in the Equipment at the expense of Customer. Customer hereby consents to same and shall give such further assurances and do such acts and execute such documents as may be required by Winder Stream to give effect to the Agreement and the rights and obligations hereunder. To the extent permitted by applicable law, Customer irrevocably waives the right to receive a copy of any financing statement or financing change statement (or any verification statement pertaining thereto) filed under the personal property security statutes of the provinces and territories of Canada by Winder Stream in respect of the Agreement, and Customer hereby releases any and all claims or causes of action Customer may have against Winder Stream for failure to provide any such copy.
g) The Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein.
23. CRIMINAL WARNING.
The use of false identification to obtain Equipment or the failure to return the Equipment by the end of the Rental Period may be considered a theft subject to criminal prosecution pursuant to applicable criminal or penal code provisions.
24. GPS TRACKING.
Customer and Winder Stream each consent to the collection and monitoring of electronic information, including Global Positioning System (“GPS”) data, generated by or in connection with Customer’s use of or the location of the Equipment. Customer agrees that Winder Stream owns the data described in this paragraph and may use such data, including GPS data, for any purpose, including commercial purposes.
25. ENTIRE AGREEMENT / ONLY AGREEMENT.
The Agreement, and any Addendum hereto, represent the entire agreement between Customer and Winder Stream with respect to the Equipment and the rental of the Equipment provided to Customer. There are no oral or other representations or agreements not included herein. None of Winder Stream’s rights or Customer’s rights may be changed and no extension of the terms of the Agreement may be made except in writing, signed by both Winder Stream and Customer. Any use of Customer’s purchase order number on the Agreement is for Customer’s convenience only and terms and conditions, whether oral or written, that are different or inconsistent with the terms contained herein are hereby rejected by Winder Stream.
26. ORDER OF PRECEDENCE.
The terms and conditions of the Agreement shall control over any conflicting preprinted terms and conditions contained in Customer’s purchase order or similar documents and such other terms are hereby rejected by Winder Stream. In the event that Winder Stream signs Customer’s purchase order or similar document, such signature shall be solely for the purpose of acknowledging the order; it being the express intent of the parties that the Agreement and these terms and conditions shall govern all rental transactions.
27. CLASS ACTION WAIVER.
Customer agrees that any claims or proceedings brought by Customer relating to the Agreement 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 Winder Stream 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 Winder Stream. Nothing in this paragraph, however, limits Customer’s right to bring a lawsuit as an individual plaintiff.
28. JURY WAIVER.
The courts in the province in which the Store Location is located shall have exclusive jurisdiction over all matters relating to the Agreement. TRIAL BY JURY IS WAIVED. Winder Stream shall be entitled to orders of specific performance (without posting bond or other security) in addition to such other remedies as may be available.
29. LANGUAGE.
The parties agree that the Agreement and any other document contemplated hereby will be drawn up in the English language only. Les parties acceptent que la présente Convention et tous les autres documents envisagés aux présentes soient rédigés en anglais uniquement.
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