This Agreement is made between RBH Inc. (the “Company”) and the name of the individual whose name appears at the end of this Agreement (the “Renter”);
Whereas the Company is a retailer of an electronic tobacco heating system called IQOS (“IQOS”); the Renter wishes to rent IQOS and the Company wishes to make available IQOS for rental to the Renter;
Now therefore, in consideration of the mutual promises and covenants set out in this Agreement, the parties agree as follows:
- Renter acknowledges that the rented IQOS (the "Rental IQOS") shall include:
- Renter acknowledges that the Rental IQOS shall be rented for a duration of 30 days (the "Rental Duration").
- Renter acknowledges that it has examined the Rental IQOS and that the Rental IQOS is in good working condition. Renter agrees to return the Rental IQOS in the same good working condition as it was received.
- Renter shall be responsible for the Rental IQOS from the time it is rented until the time it is returned.
- Renter shall be responsible for loss or damage caused by improper use or negligence in connection with the Rental IQOS and shall reimburse the Company for IQOS replacement or repair costs. For the purposes of clarity, failure to return the Rental IQOS at the expiry of the Rental Duration will constitute a loss pursuant to this Section of the agreement and will result in the Renter reimbursing the Company for a replacement IQOS.
- Renter shall not permit others to use the Rental IQOS, nor shall it transfer or assign the Rental IQOS to any other person.
- The Company retains title, right and ownership of the Rental IQOS while the Rental IQOS is in possession of the Renter.
- Renter assumes all risk inherent to the use of the Rental IQOS and agrees to indemnify and hold harmless the Company from, and hereby release the Company from, any and all claims and liability for damages or bodily injury resulting from the use, condition, operation or possession of the Rental IQOS.
- Renter agrees that the Company is authorized to charge it to cover any loss, damage or failure to return to Rental IQOS, up to a maximum amount of the cost of a replacement IQOS, which is roughly $135, plus applicable taxes.
- This Agreement constitutes the entire Agreement between parties with respect to the subject matter hereof and supersedes all prior agreements, negotiations, and discussions between parties relating thereto.
- If any provision of this Agreement is or becomes invalid due to applicable laws, that provision shall be severed from this Agreement, without affecting the other provisions of this Agreement.
- This Agreement shall be governed by and construed in accordance with, the laws of Ontario and the laws of Canada applicable therein without regard to rules regarding conflicts of law.
- You consent to being contacted for Rental IQOS customer Service purposes. As part of the rental program, an IQOS representative will contact the Renter at various points during their rental program via email, SMS or telephone to provide them with the support that they need. If the Renter has opted-out of receiving marketing communications, they will still receive Customer Care communications but will not be sent any marketing communications. If the Renter opts-in to receive marketing communications from the Company, the Company will not share the Renter’s details with any third-party marketers. The Renter may opt-out of receiving any future marketing communications from the Company at any time by following the unsubscribe link provided in each email.