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Rental Agreement & Terms of Service

This Equipment Rental Agreement (the "Agreement") sets forth the legally binding terms and conditions between Binny ("Binny", "we", "us", or "our") and the customer identified on the accompanying invoice or booking confirmation ("Customer", "you", or "your") for the rental of reusable plastic moving bins, lids, and associated equipment (collectively, the "Equipment").

EQUIPMENT RENTAL AGREEMENT & TERMS OF SERVICE
This Equipment Rental Agreement (the "Agreement") sets forth the legally binding terms and conditions between Binny ("Binny", "we", "us", or "our") and the customer identified on the accompanying invoice or booking confirmation ("Customer", "you", or "your") for the rental of reusable plastic moving bins, lids, and associated moving equipment (collectively, the "Equipment").

1. Booking, Payment & Reservation

  • Confirmation: A reservation is officially confirmed only after Binny has issued an invoice and full payment has been received, unless otherwise agreed to in writing by Binny.

  • Payment Window: Invoices must be paid within twenty-four (24) hours of issuance to guarantee inventory holds. Unpaid reservations after 24 hours may be cancelled and released without further notice.

  • Payment Methods & Currency: All transactions are billed in Canadian Dollars (CAD). Payments may be made online through Square (accepting major credit cards, Visa Debit, Debit Mastercard, Apple Pay, and Google Pay) or via direct Interac e-Transfer or cash by prior arrangement. Payment confirms the Customer’s booking and authorizes Binny to schedule delivery and pickup logistics.


2. Rental Period & Extensions

  • Standard Duration: Unless an alternative duration is explicitly stated on the invoice, all rentals include a baseline rental period of one (1) week (seven consecutive calendar days), beginning on the scheduled delivery date.

  • Rental Extensions: Customers requiring additional time must request an extension prior to the scheduled pickup date. Approved extensions are billed at fifty percent (50%) of the first-week rental rate for each additional week or fraction thereof. All extensions are subject to inventory availability and prior approval by Binny.


3. Cancellation & Refund Policy

  • Standard Cancellation: Reservations may be cancelled without penalty up to forty-eight (48) hours prior to the scheduled delivery date, resulting in a full refund.

  • Late Cancellation: Cancellations made less than forty-eight (48) hours before the scheduled delivery date are subject to a cancellation fee of up to twenty-five percent (25%) of the total rental charge to compensate for reserved inventory and route scheduling commitments.

  • Inability to Fulfill: If Binny is unable to fulfill an order due to circumstances within its direct control, all customer payments received for that booking will be refunded in full.

  • No Partial Refunds: Rental fees cover allocated inventory and delivery logistics. No refunds, credits, or prorated adjustments will be issued if:

    • Fewer bins than ordered are packed or utilized.

    • The Customer completes their move earlier than planned.

    • Equipment is returned prior to the scheduled pickup date.

    • The Customer cancels part of the order after delivery has been executed.


4. Delivery, Access & Collection

  • Service Area: Doorstep delivery and pickup are included for addresses within Binny’s defined service territory (Yarmouth, Clare, and Pubnico).

  • Customer Readiness: The Customer agrees to have all rented Equipment completely empty, wiped down, nested, and staged in an easily accessible ground-level location at the scheduled pickup window.

  • Property Access & Failed Attempts: The Customer is solely responsible for ensuring safe, unobstructed, and lawful access to the property (e.g., cleared walkways, secured pets, unlocked exterior gates). If delivery or pickup cannot occur due to inaccessible grounds, safety hazards, incorrect addresses, or absence of the Customer, an additional failed-trip service fee of $25.00 will apply for each required re-attempt.


5. Inspection & Acceptance of Equipment

  • Inspection Window: The Customer agrees to inspect all Equipment immediately upon delivery.

  • Reporting Defects: Any missing, damaged, cracked, or excessively soiled Equipment must be documented and reported to Binny via email or text within two (2) hours of delivery.

  • Deemed Acceptance: Failure to report defects within this two-hour period constitutes conclusive legal acceptance that all Equipment was received in clean, sound, and fully functional condition. Upon timely notification of a defect, Binny will make reasonable efforts to replace the affected item at no additional charge.


6. Customer Responsibilities, Prohibited Use & Stacking Limits
The Customer agrees to use the Equipment exclusively for lawful household or office moving purposes and will not permit misuse, neglect, or unlawful use. The Customer specifically covenants that:

  • Overfilling & Stacking Limits: Bins must not be overfilled. Lids must snap shut completely flat without bowing or bulging. Stacking bins with bowed lids or stacking beyond three (3) full bins high is strictly prohibited.

  • Prohibited Items: Under no circumstances shall the Equipment be loaded with:

    • Flammable liquids, gasoline, motor oils, solvents, or wet paints.

    • Corrosive chemicals, hazardous waste, or toxic materials.

    • Food waste, raw meat, or open perishable liquids.

    • Any items, furniture, or bedding infested with bedbugs, fleas, roaches, or rodents.

  • Labeling & Adhesives: Direct application of duct tape, packing tape, permanent marker, stickers, or adhesive labels to the plastic totes or lids is prohibited. Only the supplied hang tags or non-marking blue painter’s tape may be used. The Customer is liable for remediation costs resulting from tape residue or ink damage.


7. Cleaning & Biohazard Remediation

  • Condition on Return: All bins and lids must be returned empty and in substantially the same clean condition as delivered, normal transit dust excepted.

  • Excessive Soil Fee: If bins require detailing due to pet hair, adhesive residue, food spills, mud, or chemical odours, Binny reserves the right to charge an excessive cleaning fee of $5.00 per affected bin, up to a maximum of $50.00 per rental order.

  • Decommissioning for Biohazards: Equipment exposed to hazardous chemicals, fuels, or biological contamination/pests (including bedbugs) cannot be sanitized and will be permanently decommissioned. The Customer will be billed the full replacement fee for all affected bins and lids.


8. Damage, Loss, Late Return & Replacement Charges
The Customer bears full financial responsibility for all Equipment from delivery until physical retrieval and inspection by Binny.

  • Fee Schedule:

    • $10.00 per lost, warped, or cracked tote lid.

    • $25.00 per lost, destroyed, cracked, or punctured moving bin (or complete bin-and-lid set).

    • Actual Cost of Replacement for any auxiliary moving supplies (e.g., dollies, straps, carts).

  • Normal Wear: Minor superficial scuffs, scratches, and rub marks resulting from standard moving use are not considered damage.

  • Late Returns: Equipment not made available for pickup on the agreed date (without an approved extension) will continue to accrue rental charges at the standard weekly extension rate (50% of the first-week rate per week or fraction thereof).

  • Conversion to Purchase (14-Day Limit): If Equipment has not been returned and the Customer has failed to establish communication within fourteen (14) calendar days following the scheduled pickup date, Binny may deem the Equipment converted, terminate the rental, and charge the full replacement fee of $25.00 per bin plus applicable extension fees.


9. Nature of Services & Independent Handling

  • Equipment Rental Only: Binny is strictly an equipment rental supplier and does not operate as a licensed moving company, carrier, or freight handler.

  • No Moving Labor: Binny provides no packing, lifting, loading, transporting, or unloading of Customer goods. The Customer assumes sole and exclusive control and responsibility for packing, moving, stacking, and securing their belongings.


10. Assumption of Risk & Content Waiver

  • Physical Handling: The Customer explicitly acknowledges that packing and moving heavy items involves inherent physical risks, including property damage and bodily injury. The Customer freely and voluntarily assumes all such risks.

  • No Liability for Contents: Binny exercises zero custody, control, or supervision over items packed inside the Equipment. To the fullest extent permitted by law, Binny shall have zero liability for any loss, theft, breakage, water exposure, or damage to personal belongings stored or transported within the Equipment, regardless of cause.


11. Limitation of Liability & Indemnification

  • Limitation of Liability: To the maximum extent permitted by applicable law in Nova Scotia, Binny, its owner, agents, and employees shall not be liable for any direct, indirect, special, incidental, punitive, or consequential damages (including property damage, loss of profits, or personal injury) arising out of or related to this Agreement or the use, handling, or presence of the Equipment. In all circumstances, Binny's maximum aggregate financial liability shall be strictly limited to the total rental fees paid by the Customer under this Agreement.

  • Indemnification: The Customer agrees to defend, indemnify, and hold harmless Binny and its owner from any claims, liabilities, lawsuits, damages, or expenses (including reasonable legal fees) brought by any third party arising out of the Customer's possession, use, storage, or transportation of the Equipment.


12. Weather & Unforeseen Delays
Binny will make every commercially reasonable effort to complete deliveries and pickups at scheduled times. However, Binny is not liable for delays resulting from severe weather, road closures, vehicular mechanical failure, or force majeure events. Binny will promptly notify the Customer of any delay and coordinate the earliest viable alternative window.

13. Supplementary Invoicing & Unpaid Balances

  • Invoiced Charges: Any additional amounts incurred under this Agreement—including rental extensions, late returns, failed delivery/pickup access fees, excessive cleaning fees, or equipment repair and replacement charges—will be billed directly to the Customer via an electronic invoice issued through Square (payable online via credit card, debit, Apple Pay, Google Pay, or approved Interac e-Transfer/cash).

  • Payment Due Window: The Customer agrees to pay all supplemental invoices in full within forty-eight (48) hours of issuance.

  • Itemized Records: Binny will provide an itemized description and photographic documentation (where applicable) of any damages, missing equipment, or excessive cleaning requirements alongside the invoice.

  • Default & Non-Payment: Failure to pay supplemental invoices within the specified timeframe constitutes a material breach of this Agreement, subjecting the account to recovery proceedings and associated collection costs as outlined in Section 14.


14. Collections & Recovery Expenses
If Binny is forced to retain collection agencies or institute legal proceedings to recover rented Equipment or outstanding balances, the Customer agrees to pay all costs incurred by Binny in enforcing its rights, including court costs, filing fees, collection agency fees, and reasonable legal fees on a solicitor-and-client basis.

15. General Legal Provisions

  • Governing Law & Jurisdiction: This Agreement is governed by and construed under the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein. The parties irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Nova Scotia.

  • Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect any other provision, and this Agreement shall be construed as if such invalid provision had never been contained herein.

  • Entire Agreement: This Agreement, together with the invoice issued by Binny, constitutes the entire agreement between the parties regarding the rental of the Equipment and supersedes all prior oral or written discussions, representations, or understandings.

  • Privacy: Customer information is retained and used solely to administer reservations, schedule pickups/deliveries, process payments, and recover assets. Binny does not sell or distribute customer data to third parties.

 

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