Terms and Conditions
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE RENTING FURNITURE AND USING FURNITURE CONNECTION SERVICES.
Furniture Connection rents and sells furniture, furnishings, and décor (“Furnishings”); delivers Furnishings, and offers staging, interior decorating and home styling consultation, transportation and related services (“Services”); and you (the Client) wish to rent Furnishings and receive Services from Furniture Connection.
NOW THEREFORE in consideration of the promises and covenants contained in this agreement, Furniture Connection and the Client agree as follows:
- 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.
- 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.
- When delivery of the Furnishings is required and requested, first month invoice, unless otherwise agreed, will include a round trip transportation cost, that will take care of delivery of the Furnishings, installation and assembly of the Furnishings; and pick up and return of the Furnishings after termination of this agreement.
- The Client agrees to pay the Rental Fee and any other applicable fees on the Rental Commencement Date of the first and following months.
- 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.
Delivery and Returns
- Furniture Connection requires four (4) business days to arrange for the delivery or return of the Furnishings.
- The Client agrees to notify Furniture Connection if there are any issues with the Furnishings within two (2) days after the Furnishings are delivered.
- For deliveries, returns, exchanges, additions, moves, inspections or any other such related activity, the Client shall ensure that Furniture Connection:
- has timely access; and
ii. 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.
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, mechanical attachment of any Furnishings in the premises is the Client’s sole responsibility.
Additional Fees and Charges
- Additional delivery fees will be charged for any additions, exchanges or substitutions made to the Furnishings after their initial delivery.
- 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 process.
- 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.
- 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.
- 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).
- 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.
- 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.
- In cases when furniture is rented for an extended time (over three months), the Client agrees to pay an Early Termination Fee if:
- The Rental Term is less than 1 year, and the Client terminates this agreement prior to the expiry of the Rental Term; or
ii. the Rental Term is more than 1 year, and the Client terminates this agreement within first year from the Rental Term’s commencement.
The Early Termination Fee will be the lesser of two (2) months’ Rental Fee or the amount calculated using the following formula:
The Client acknowledges that the Early Termination Fee is a reasonable approximation of Furniture Connections’ damages that would be caused by an early termination and is not a penalty.
- 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.
- 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.
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.
- 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
- 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).
- The Client pays for the rental of Furnishings and for Furniture Connection services online by credit card and further agrees to ensure that the credit card authorization remains valid throughout the term of this agreement.
- 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.
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.
Damages and Costs
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:
i. all rent payments due and owing under this agreement as of the date of termination.
ii all late charges that are due and owing; and
iii the full replacement value as shown on the invoice.
- 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.
- Deep cleaning and sanitization fees will be charged for pet hair, dander, soil, stain, smoke, or infestation.
- Repair fees will be charged for damage to the Furnishings that is beyond reasonable wear and tear.
Additional Terms and Conditions
- 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.
- 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.
- 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.
- 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.
- This agreement shall be interpretated and governed by the laws in force in the Province of Alberta.
- 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.
- 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.
- 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.