General Short Term Agreement


November 26, 2022

BETWEEN:

Furniture Connection Ltd.,
3010, 2600 Portland St SE, Calgary, AB T2G 4M6

and

Client Information
Name:  

Address:  


WHEREAS:
 
Furniture Connection rents and sells furniture, furnishings, and décor (“Furnishings”); delivers Furnishings, and offers staging, interior decorating and home styling consultation and related services (“Services”); and
 
The Client wishes to rent Furnishings and receive Services from Furniture Connection;
 
ORIGINAL RENTAL TERM:  

RENTAL COMMENCEMENT DATE:  

The Premises (Address):  
 
NOW THEREFORE in consideration of the promises and covenants contained in this agreement, Furniture Connection and the Client agree as follows:
 
  1. Rental

    1. The Client agrees to rent the Furnishings for the Rental Term starting on the Rental Commencement Date. After the expiry of the Rental Term, the Furnishings rental will continue on a month-to-month basis until the Client terminates this agreement and returns the Furnishings to Furniture Connection.

    2. The Client agrees to pay the Rental Fee and any applicable fees for Services that are shown on the first month invoice by the Commencement Date. Furnishings will not be dispatched from Furniture Connection warehouse until the first month invoice is paid in full.

    3. The Client agrees to pay the Rental Fee and any other applicable fees on the Rental Commencement Date of the first and following months.

    4. The Client acknowledges that the Furnishings are and will remain Furniture Connection’s property for the duration of this agreement.  The Client further acknowledges that they have the option to purchase the Furnishings subject to terms agreeable to Furniture Connection.

  2. Delivery and Returns

    1. Furniture Connection requires four (4) business days to arrange for the delivery or return of the Furnishings.

    2. The Client agrees to notify Furniture Connection if there are any issues with the Furnishings within two (2) days after the Furnishings are delivered.

    3. For deliveries, returns, exchanges, additions, moves, inspections or any other such related activity, the Client shall ensure that Furniture Connection:

      1. has timely access; and

      2. has Convenient Access to the premises.

        “Convenient Access” includes the following: arranging the closest parking to be available, having the loading dock and elevator booked for the time of delivery, and clearing the delivery route on the property from snow, ice, and any other obstructions.

    4. Furniture Connection will deliver and install the Furnishings at the locations within the premises as requested by the Client. Unless otherwise specified and agreed upon, all mechanical attachment of any Furnishings in the premises is the Client’s sole responsibility.

  3. Additional Fees and Charges

    1. Additional delivery fees will be charged for any additions, exchanges or substitutions made to the Furnishings after their initial delivery.

    2. A loss of productivity fee of $375.00 will be charged if the Client or the Client’s representative remains on the premises during a staging.

    3. A cancellation or late rescheduling fee of $150.00 will be charged if the Client cancels or reschedules a delivery or pickup after 2:00pm on the day preceding the scheduled delivery or pickup day.

    4. A waiting fee of $100.00 will be charged if Furniture Connection is required to wait more than 15 minutes to gain access to the premises for delivery or pickup.  Furniture Connection will not wait more than 30 minutes.

    5. An inconvenient access fee will be charged if the Client fails to ensure Furniture Connection has Convenient Access to the premises (see paragraph 2.c. ii. above).

    6. A denial of access fee of $150.00 will be charged if Furniture Connection is denied access to the premises for any reason in relation to any scheduled activity.

    7. A late fee will be charged in the amount of either $25.00 or 10% of total monthly rent, whichever is greater, if the Client fails to pay any amount owing within 5 calendar days of its due date.

  4. Termination

    1. This is a Short-Term Rental contract (typically less than three months), and the following termination conditions apply.

    2. First month rental charges are not prorated or refunded if the Furnishings are returned early. Subsequent months rental is invoiced monthly but can be prorated on a biweekly basis and refunded if furniture is returned mid-month or earlier. If Furniture Connection has not been notified of termination of rentals before the end of the rental period, the invoice will automatically be renewed for another month and the Client will be billed using a pre-approved credit card authorization or any other forms of payment provided by the Client.

    3. The Client acknowledges that any failure to pay any invoice or any breach of any provision in this agreement by the Client shall constitute a Default.  Upon Default, Furniture Connection may elect to terminate this agreement and be entitled to immediate possession of the Furnishings.  Furniture Connection may exercise any other right or remedy available to it under applicable law, and all of Furniture Connection’s rights and remedies are cumulative and nonexclusive.

    4. In case of Default, within 24 hours of receiving Furniture Connection’s Notice of Repossession, the Client agrees to provide access to Furniture Connection to the premises for the removal of the Furnishings.

  5. Insurance

    Furniture Connection’s insurance coverage does not extend to the Client’s premises.  The Client either warrants that the Client has full contents coverage in excess of the total replacement value of the Furnishings for the duration of the Rental Term or agrees to pay Furniture Connection the full replacement value of the Furnishings within one (1) month of the loss.

    Client Initial:  

  6. Client’s Covenants

    1. The Client agrees not to alter, add, remove, cover, or deface any tags or markings that identify the Furnishings as being the property of Furniture Connection

    2. Every mattress rented by Furniture Connection comes with a mattress protector. The Client agrees to have the mattress protector installed at all times when mattress is on the premises (mattress protectors should be washed periodically, every third linen wash, for example).

    3. If a housewares package was provided to the Client as part of the Furnishings supplied, it will be the Client’s responsibility to unpack, place or install the Kitchen, Dining, Bathroom and Bedding Kits. Packaging and storage bins will be left with the Client (if feasible) for the duration of the rent.

    4. Upon conclusion, the Client should clean and pack all the kitchen and dining kits into the packaging/bins left behind. All the unwashed towels and bedding should be placed into plastic bags (garbage bags) so they are ready for the moving crew to pick up. Additional moving charges will apply if the houseware goods have not been packed up by the Client.

    5. If the Client was supplied with a smart television, they need to ensure that it has been returned to the factory settings prior to the conclusion of the rental.

  7. Credit Card

    1. The Client agrees to provide Furniture Connection a pre-approved credit card authorization form prior to the dispatch of the Furnishings and further agrees to ensure that the credit card authorization remains valid throughout the term of this agreement.

    2. The Client further agrees that Furniture Connection may charge any amounts owing, including Rental and Service Fees, additional fees and charges, Early Termination Fee, repair and cleaning fees or replacement costs of the Furnishings on the credit card.

  8. Photographs

    The Client grants to Furniture Connection the right to photograph the Furnishings as they are installed in the premises and to use the photographs as it sees fit in its advertising and promotions.

  9. Damages and Costs

    1. In the event that the Furnishings are destroyed or never returned, the Client agrees to pay Furniture Connection an amount equal to the sum of the following:

      1. all rent payments due and owing under this agreement as of the date of termination.

      2. all late charges that are due and owing; and

      3. the full replacement value as shown on the invoice.

    2. The Client agrees to pay all of Furniture Connection’s collection costs for any amounts owing under this agreement, including, without limitation, solicitor-client costs.

    3. Deep cleaning and sanitization fees will be charged for pet hair, dander, soil, stain, smoke, or infestation.

    4. Repair fees will be charged for damage to the Furnishings that is beyond reasonable wear and tear.

  10. Additional Terms and Conditions

    1. The Client may not assign this Agreement or sublease the Furnishings.  Further, the Client may not move any of the Furnishings out of the premises without receiving prior written consent from Furniture Connection.

    2. The Client acknowledges that the Furnishings may not be new and are rented “as-is.”   Furniture Connection shall not be liable for any loss of anticipated profits or for any other incidental or consequential damages.  Further, Furniture Connection shall not be liable for failures or delays that are caused through no fault or negligence of its own, including, but not limited to, failures or delays caused by Furniture Connection's suppliers, subcontractors, or agents.

    3. The Client hereby agrees to indemnify and hold Furniture Connection and its successors and assigns harmless from and against any claim, demand, loss, liability, cost and expense of any kind arising out of, relating to, or connected with the Furnishings.

    4. No waiver by Furniture Connection of any provision or breach shall be deemed a waiver by Furniture Connection of any other provision or breach of the same provision at a later time.

    5. This agreement shall be interpreted and governed by the laws in force in the Province of Alberta.

    6. If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and all other provisions hereof shall continue in full force and effect.

    7. This agreement, the first month invoice and any subsequent invoice constitute the entire agreement between the Client and Furniture Connection with respect to the Furnishings and Services.  This agreement supersedes all prior communications oral and written, relating to the Furnishings and Services.

    8. This agreement shall endure to the benefit of and be binding upon the heirs, personal representatives, executors, executrixes and administrators, committees, receivers, trustees in bankruptcy, successors and permitted assignees of Furniture Connection. 
IN WITNESS WHEREOF the parties hereto have each executed this Agreement as of the day and year first written above.

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Signed by Alex Brovkin
Signed On: May 24, 2022


Signature Certificate
Document name: General Short Term Agreement
lock iconUnique Document ID: 853acbf92ee41bc480580798c357b8142136cac1
Timestamp Audit
April 21, 2022 4:27 pm MSTGeneral Short Term Agreement Uploaded by Alex Brovkin - info@furnitureconnection.ca IP 50.66.147.182