Terms
"Client" refers to person signing agreement and any other party(s) involved. Mobile GPS Online rents client equipment identified within agreement and in consideration thereof client agrees to the following Terms and Conditions. All clients are completely liable for all charges. Faxed signature on agreement serves as an original signature with all rights thereof enforces. Presentation of false, fictitious or misleading identification or information is an intention to commit larceny and/or fraud. By signing this contract, client agreed to all charges and all terms and conditions as stated. Agreement is not assignable and it constitutes entire agreement between Mobile GPS Online and client. There are no other representations, conditions, warranties, guarantees or collateral agreements, expressed or implied, statutory or otherwise, concerning rental equipment, its use, or this agreement, other than set forth herein. Agreement between client and Mobile GPS Online is governed and interpreted by the laws of Ontario. Client will redeem and hold Mobile GPS Online harmless from and against all claims, loss, and liability for any direct, special or consequential damages as a result of client's use, custody, control, possession, and operation of equipment. Rental equipment will remain property of Mobile GPS Online. Client acquires no rights other than temporary use. During rental period no change in service, repair service or replacement part is authorized without written approval from Mobile GPS Online. Operation of any radio transmitting equipment, including cellular telephones or GPS tracking units, may interfere with the functionality of inadequately protected medical devices. Consult a physician or the manufacturer of the medical device if you have any questions. Other electronic equipment may also be subject to interference.
Equipment Provided
Rentals will include a number of items which together are referred to as the 'equipment' which is supplied in good order and condition and must be returned in similar good order and condition.
Equipment Shipping & Return
Mobile GPS Online provides GPS rental services only to domestic Canadians now. So, we will arrange for delivery anywhere in major cities in Canada through Canada Post XpressPost which is 1-3 days to major Canadian cities. We charge two-way shipping for a flat fee that depends on the equipment’s actual weight and value. The typical shipping fee is from $25 to $50. You will be provided with a prepaid postage label for the return shipping. So, you can simply drop the equipment package off at any Canada Post outlet to return. The shipping cost will be added to your invoice unless you wish to pick up and drop off the equipment at our store location. The local pickup fee is $5.
Client is responsible for all equipment packaged properly and returned timely. Should Client return equipment using means other than enclosed postage label, Client is liable for any equipment damage and daily rental charges while in transit. Changes in delivery service level at client's expense. Damage during shipment will be claimed by Client directly to shipping carrier and Client will directly reimburse Mobile GPS Online for damaged equipment at amount referenced in Equipment Loss/Damage section of this agreement.
Rental Period Calculation
The rental period is calculated from the contract date until the day that the equipment is shipped or returned directly to us. Typically, for local pickup orders, the rental period starts from the actual pickup day and ends on the drop off back day. For all Canada Post XpressPost shipping orders, the rental period starts from the delivery day from Canada Post and ends on the return drop off day. The delivery and return date will be based on the dates posted by Canada Post. Normal rental charges are calculated on a daily basis. If the equipment is shipped or returned directly any time after the agreed rental contract period then additional charges will apply. Details refer to the section Late Return.
Return
You are responsible for safely returning the equipment to us at the agreed time. The rental period continues until the date that the equipment is shipped to us unless alternate arrangements were made.
Early Return
If you return the equipment to us prior to the projected equipment return date, you will be credited for the early return on the basis of a 50% credit for the unused days.
Late Return
If you extend your rental beyond the end of the rental period for the projected equipment return date without securing our agreement in advance, each day of late rental is charged at 150% of the original daily rate. If asked in advance, we will normally agree to a rental period being extended at the normal rate unless we need the equipment for other purposes.
Cancellation
To cancel an order after signed agreement is provided to Mobile GPS Online, Clint must a) prior to shipment date provide cancellation notification by phone or in written via fax, and b) receive Mobile GPS Online’s phone or written confirmation and acceptance of cancellation notice and Client's acceptance of cancellation fee. If received and accepted prior to shipment date, a $20 per items or 20% of total minimum invoice amount, whichever is greater, cancellation fee will be imposed. If rental cancellation notice is not received and accepted by phone or in writing prior to shipment date, cancellation is not accepted and contracted rates will apply based on the later of a) expected return date plus shipping on order form or b) date equipment is physical received at Mobile GPS Online with minimum periods selected by Client. Client is responsible for equipment, including any actual usage charges, minimum usage as required by order form or other charges incurred, until equipment is received complete at Mobile GPS Online. Mobile GPS Online is not liable for direct, special or consequential damages as a result of equipment, performance or use of equipment including claims based on failure to honour a telephone reservation requested by client. Mobile GPS Online may terminate agreement without notice to client at any time.
Equipment and Software Use
The entire world has GPS signal coverage. However GPS Units requires line-of-site to the entire sky. In areas where there is not a clear view of most of the sky, a signal may not be able to reach the GPS unit and accurate location information may not be available until you return to an area with a more unobstructed view of the sky.
GPS Mapping designed for use in primary cities and roadways. Client must learn use of equipment and test equipment and service before leaving for destination to ensure proper operation and Client understanding of equipment use. Customer must test all equipment and notify Mobile GPS Online about any equipment problems or missing equipment on date of receipt or customer is liable for damaged and/or missing equipment and rental for entire rental period on order form. If Client wishes assistance on use of equipment or service, Client must contact Mobile GPS Online immediately. If Mobile GPS Online does not hear from client at beginning of problem period and/or Client does not perform testing before leaving for destination, Client agrees that all equipment and service is working and all charges remain valid and approved by Client. Client agrees to work in tandem with Mobile GPS Online including providing Mobile GPS Online details of problems, time necessary to troubleshoot and determine solution, and alternative contact number is needed or Customer waives all requests for credit.
The mapping software that is supplied to you is the latest software released by its vendor and or related company, and is supplied to you subject to the terms and conditions that the vendor has in turn supplied it to us. Note that, just like any regular printed map, the mapping software is not 100% accurate. Roads may have closed or opened between when the mapping software was created and the time you are using it. The mapping software may also contain errors. The locations of the roads are not always exactly correct, and the indication of a road does not necessarily imply its suitability to be driven on, or that it is a public right of way.
Additionally, the auto route software makes an estimated calculation at how to get you to your desired destination. This estimated calculation is not necessarily the 'best' calculation, and if it is based on faulty mapping data, may not be correct at all. For these reasons you should use common sense when interpreting the suggestions offered by the GPS and in a case where getting to a destination at a particular time or in a specific manner is essential, you should supplement the information from the GPS unit with extra information from current maps and obtain additional route information from local people with current expert knowledge.
Equipment Malfunction
The equipment is delivered to you in what is believed to be good order and working condition. However, like all equipment, it may develop a fault during your rental period. In a situation where the GPS unit stops working due to its malfunction (as opposed to due to being out of coverage), we will refund you the balance of the rental from the time you advise us by phone or fax, plus, as an apology (albeit for an act outside of our control) we will discount the earlier period of your rental by 50%. Note however that if the unit is found to be operating normally upon its return back to us, these rebates will be cancelled.
The US Department of Defence maintains the GPS satellite system, and they reserve the right to, at any time and for any reason, degrade the accuracy of the signal and/or temporarily or permanently end the service. We cannot be responsible for any actions on their part or for any satellite malfunctions.
Equipment Damage/Loss
The equipment is delivered to you in good order and condition. It is your responsibility to check that it is received in good order and condition, and if there is any damage, you need to report this to us within 24 hours of the equipment being delivered. If we do not hear from you within 24 hours by phone or fax the equipment will be deemed to have been satisfactorily delivered to you.
Client must notify Mobile GPS Online immediately if equipment is lost or stolen. Lost or stolen equipment during client's rental period, regardless of circumstances, must be reimbursed by Client to Mobile GPS Online at the full amount listed on the fax order form. Client has 24 hours from date of theft to provide Mobile GPS Online with a copy of written police report and full replacement cost due for each unit not returned. In all instances, client agrees to pay rental charges and usage until written notification and police report are received by Mobile GPS Online. Missing equipment returned after seven days of claim of loss will incur the greater of 20% restocking charge, or equipment rental rate. Client charged replacement cost for damaged equipment. If Client ships or requests shipping of equipment out of Canada for any reason, Client accepts responsibility for the equipment and will pay the greater of rental rates or replacement cost if equipment is not returned for any reason including but not limited to shipping carrier or custom's loss or damage. In all cases of damaged or not returned equipment, Client authorizes Mobile GPS Online to immediately charge replacement costs to the provided credit card.
Please note that because the equipment also comprises original software master disks, our costs in securing replacement equipment will include the purchase of this necessary software, as well as all taxes, fees, and shipping costs therein associated.
If the equipment is damaged to the point where, in our opinion, it can no longer be rented as being in 'good order and condition' you will again be responsible for our costs in replacing the equipment. In such a case you are welcome to pay the replacement cost and keep the damaged equipment yourself.
GPS Safety
The GPS equipment is not intended for sole use by the driver of a vehicle. While the information it provides is helpful, it can also be distracting. For this reason it should be used the same way you would use a map - when needing to consult it for information, you should safely pull off the road first, and/or ask a passenger in the car to manage the GPS device, just like they might otherwise be using a regular map.
You agree that we will not be liable for, and you agree to indemnify us fully from, any accident or loss that may arise from your use or non-use, or expected or anticipated use or non-use, of this equipment in any circumstances or situations.
Billing, Deposit and Final Payment
We will charge your credit card for the estimated total rental fee (based on the dates you specify), plus a deposit that depends on the replacement cost, on the day of shipment. When you have returned the equipment in good condition, if there is a variance from the original invoice then within five working days we will send you a final reconciliation. We will either credit or debit your card for the balance that is either due to you or from you.
Client's submission of order and signed rental agreement is Client's acceptance of rental and related rental, usage, shipping, tax and other charges. Charges placed on credit card are considered non-refundable charges although Client's final total charges will be netted against all credit card charges and charged or credited to Client's card as appropriate. Final invoicing and charges or credit are expected to be completed within 14 days after the rental unit is received by Mobile GPS Online to insure complete billing. All clients are subject to final credit card billing. Clients must notify Mobile GPS Online if credit card is lost or stolen and provide replacement credit card number for billing. All charges due immediately unless Mobile GPS Online provides special account terms in written. Any delayed payment may incur finance charges of 2% monthly (24% annum) until Mobile GPS Online receives full payment. Client's miscellaneous charges: return check charge $50, credit card reversal charge $50. Client agrees to pay all costs incurred in recovering equipment or collecting moneys owed Mobile GPS Online including reasonable attorney's fees, collection fees, court costs, interest and other equitable relief a court deems appropriate. Invoice charges are subject to sales Taxes at prevailing rates.
Credit Card Authorization
Client authorizes Mobile GPS Online to process credit card vouchers in client's name and pay for all charges incurred under the terms and conditions of this agreement. Client has read contract, understands and agrees with all terms and conditions and indicates so by completing the application and signing this rental agreement. Client authorizes charges of replacement costs listed in this agreement as well as applicable rental fees, usage, shipping, etc. Any deposits charges in excess of final invoice amount are refundable (minus all invoice charges) when the equipment is returned in good working condition and final billing is available (typically within 30 days of receipt of Equipment). Prior to dispensing the equipment, the replacement value of equipment as listed on the order form will be authorized on the provided credit card to insure adequate security. These charges will be considered equipment and service deposit and Client's charges will be netted against this deposit typically within 14 days after the equipment is received at Mobile GPS Online’s office. Additional services or equipment or longer rentals may incur additional deposits as detailed on order form. All charges will be totalled and deducted from deposit and balance will be charged or refunded to the provided credit card.
Limitation on Our Liability
You specifically agree that our liability will, in no circumstance or situation, ever exceed the amount you have paid to us in rental fees, and you specifically agree to hold us harmless and indemnify us from any claims in excess of this amount, whether arising from our actions, your actions, or those of a third party, and whether foreseeable or not, and whether such claims are placed by yourself, yours successors, heirs and/or assigns, or by third parties.
Privacy
Although GPS technology does permit tracking data to be collected, Mobile GPS Online warrants that any data which is collected on our equipment will not be disclosed to any third party without the written consent of the renter or upon the order of a competent legal authority. All such data will be deleted from our equipment within 48 hours of its return.
Acceptance
By signing below, you certify you have read and agree to all the terms and conditions including the authorization to charge my credit card per the rates chosen on this contract form.
Renters full name: _____________________________________________
Signature: ___________________________________________________
Date: _______________________________________________________
Location: ___________________________________________________
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