Policies

Last revised: August 24th 2022

Additional Charges/Extras

As an Owner, you have the ability to choose a price-per-gallon (or litre, as applicable) that you will charge to Customers upon the return of any rented Equipment through the Platform for fuel used and not refilled. As an Owner, you will also have the ability to choose a price-per-hour that you will charge to Customers upon the return of any rented Equipment through the Platform for additional hours used by the Customer over and above the permitted amount in the rental booking. Additional charges include items such as, without limitation, fuel charges, additional hours and damage claims which will only be paid to Owners if supporting evidence in the form of, without limitation, photographs and any other appropriate records are uploaded to Eqpme within one hundred twenty (120) hours of the completion of the subject Transaction in a manner that is satisfactory to Eqpme and not contested by the Customer. In the event a Customer fails or refuses to complete the upload of its own post-rental photographs and/or appropriate or applicable records, then the Owner must nevertheless submit its own post-rental photographs together with evidence confirming the failure or refusal on the part of the Customer within one hundred twenty (120) hours if the Owner wishes to claim an additional or extra charge be applied. If an Owner submits a post-Transaction collection claim, the Customer will have forty-eight (48) hours to review the evidence submitted and initiate a dispute. If the Customer chooses to initiate a dispute, the Messaging Centre will re-open to allow discussions related to the collection claim to occur and review the evidence submitted by the Owner in connection therewith. The Messaging Centre will remain open for a period of seventy-two (72) hours from the time the dispute is initiated. In the event that the Owner and Customer are unable to resolve the dispute amount(s), then Eqpme shall adjudicate the dispute and advise the parties of the final result within five (5) business days (in Ontario). Users authorize Eqpme to charge any Payment Method associated with their Account (unless they have previously removed the authorization to charge such Payment Method(s)). Eqpme is under no obligation to undertake any independent or other investigation regarding the veracity of any such claims.

Users expressly acknowledge and agree that Eqpme reserves the right to draw a negative inference from their failure or refusal to upload supporting material in accordance herewith, including, to the extent of deciding such matters in favour of the User (whether Owner or Customer) who does upload supporting material over the User who does not without review of such supporting material whatsoever.

If any additional charges and/or extras whatsoever are required to be billed by Eqpme in accordance with the Terms, Users acknowledge and agree that all such additional charges and/or extras will be subject to the same Eqpme Service Fee plus applicable taxes applied to the initial Transaction in addition to the subtotal owing for such additional charges and/or extras incurred. Users accept that the fees chargeable by Eqpme are calculated at the applicable tiered rate of the Owner and Customer, respectively, as of the original booking period.

Fuel

Customer

The Customer may either refuel the Equipment returning it to the fuel level equivalent to when it was initially received or pay the fuel rate stated by the Owner in the listing for the specific piece of equipment. All rentals should be returned with the exact same amount of fuel given (Referencing Pre & Post Photographs). Any fuel charges will be applied manually by Eqpme upon receipt of all necessary evidence.

Owner

Customers are only responsible for the exact amount of fuel provided by the Owner as confirmed in the pre inspection report. The Owner must record the actual amount of fuel in the Equipment prior to the rental in order to validate a claim for an additional charge. If the Owner does not properly document and upload all relevant content to the inspection centre, we are not able to charge any fuel to the Customer. Fuel may be estimated to the nearest litre (gallon, as applicable) provided sufficient evidence is provided. If no evidence as to the content of the tank is provided, an estimation may be submitted based on the fuel gauge itself. As such estimations are not exact, you may not be provided with an extra in the amount requested even if your general request for an extra is approved.

How to manage your fuel pricing:

Go to: Your Listings > Edit Listing > Description > Fuel

This will allow you to control your fuel rates. This can be changed at any time on a go-forward basis only (i.e. will not affect current or prior rentals).

Fuel Reimbursement & Process

Once your Equipment is returned and you find there is less fuel than when the Equipment was delivered you can request reimbursement. We will use and compare the Pre & Post photos and all other relevant information available, if any, to manually charge the Customer, if applicable.

The Pre & Post Inspection process should be completed, and uploaded to the Eqpme Message Center in order to confirm any overages related to the rental. We also recommend you keep all records on file for your own reference.

If the Customer fails or refuses to complete or upload photos to the Inspection Center, or to respond to requests to do so, Eqpme reserves the right to treat this as confirmation that the information contained in the Inspection Center is accurate and the Customer may be required to pay any additional expenses and charges.

All payouts will be processed via Stripe which can take up to ten (10) business days.

Hour Policy

Customer

As a Customer, you understand and agree to comply with the daily allowable operational hours set by the Owner in their listing for the Equipment. If the Customer exceeds the total allowable operational hours per rental, then the Customer may be subject to additional charges calculated based on the formula below.

Charges related to additional operational hours will be calculated based on either: (i) the hourly rate specified by the Owner in the listing on the Platform or (ii) the daily rate divided by the allowable operational hours per day. All operational hours should be confirmed and referenced in the Inspection Centre. For the purposes of this Policy and the Terms, the “Inspection Centre” is the forum built by Eqpme as part of the Services to allow for submission of evidence relating to any one or more Transactions between Owner and Customer by uploading images and/or documents to establish the pre- and post- Transaction condition of the subject equipment together with other pertinent information, including, but not limited to, operational hours (pre- and post- Transaction). The Inspection Centre is the primary tool that Eqpme, Owners and Customers alike will use to resolve any disputes which may arise in relation to any given Transaction. Operational hours utilized by a Customer during a Transaction should be uploaded by the Customer and the Owner to the Inspection Center prior to and after the Transaction to avoid issues post-Transaction. Alternatively, the Customer or Owner may upload any evidence relating to hours which were discussed and/or confirmed through the Messaging Centre (defined below) either pre-Transaction or during the term of the Transaction. The “Messaging Centre” is the tool that permits the respective parties to communicate with one another before and during the Transaction.

If required, Eqpme may choose to review all pertinent details confirmed via either the Inspection Centre or the Messaging Centre including uploaded photos to determine if a manual charge to the Customer is necessary. If the photo of the hour odometer is not up-to-date or the Owner does not properly document the hour gauge, then Eqpme may choose not to bill the Customer for the claimed overage.

Owner

The Owner should record the hours by documenting and uploading their photographs to the Inspection Center. We recommend you keep all records on file for your own reference. The Owner must document and upload photos of their Hour Meter prior to the rental. If the Owner does not properly upload photographs of the hour meter, Eqpme is not responsible and cannot charge any hourly overages to the Customer. We will base any additional charges off the difference of hourly amounts in the Check In & Check Out section. If the Customer fails or refuses to document, or to respond to requests to do so, Eqpme reserves the right to treat this as confirmation that the information contained in the Inspection Centre is accurate and the Customer may be required to pay any additional expenses and charges as further detailed in this Policy and the Terms more generally.

All payouts will be processed via Stripe and may take up to ten (10) business days.

How to manage your daily hour rate:

Go to: Your Listings > Edit Listing > Specification > “How many hours are allowed per daily rental”

This will allow you to control your daily hour rate. This can be changed at anytime.

Cancellation and Refund Policy

Cancellation

Eqpme’s role is to enable Users to utilize the Platform and Services for the purposes of entering into Transactions involving Equipment. In some circumstances, either an Owner or a Customer may need to cancel a Transaction entered into through the Platform for any number of reasons. This Cancellation and Refund Policy explains how Eqpme deals with such cancellation and/or refund requests by Owners and/or Customers, as applicable.

IMPORTANT: THIS CANCELLATION POLICY APPLIES ONLY TO THE EXTENT THAT NO OWNER TERMS ARE PRESENT OR THE OWNER TERMS DO NOT EXPRESSLY SPEAK TO CANCELLATIONS AND/OR REFUNDS. IN THE EVENT OF DISAGREEMENT BETWEEN THE OWNER TERMS AND THIS POLICY, THE OWNER TERMS SHALL GOVERN.

In the Eqpme Messaging Center through the Platform where Owners & Customers communicate, both Owners and Customers have the limited ability to cancel their reservation once a request to book Equipment has been accepted.

Please refer to our cancellation guideline chart below.

Equipment rentals:

If an Owner has accepted the booking reservation, then both the Owner and the Customer may enter into an agreement directly between themselves to govern the Transaction subject to the Terms for a lease, rental, or other any other permitted rent-to-buy agreement for the Equipment in question. In the event the Owner’s Terms do not address cancellation, the following cancellation terms apply:

Cancellation Period: Refund Breakdown

Booking Time

Cancellation Period

Refund

Seventy-Three (73) hours or more before commencement of Transaction

Twenty-Four (24) hours from time of booking or until seventy-two (72) hours before commencement of Transaction (whichever is earlier)

Full Refund

Less than Seventy-Three (73) hours before commencement of Transaction

One (1) hour after booking but in no event less than Forty-Eight (48) hours before commencement of Transaction

Full Refund

More than One (1) hour after booking but in no event less than Forty-Eight (48) hours before commencement of Transaction

Partial Refund Only

Less than Forty-Eight (48) hours before commencement of Transaction

N/A

Partial Refund Only

Less than Twenty-Four (24) hours before commencement of Transaction

N/A

Limited Refund Only

Less than three (3) hours before commencement of Transaction or later

N/A

NO REFUND

Refunds

If a Customer wants to cancel a Transaction prior to the commencement time but outside of the Free Cancellation Period, then we encourage the Customer to promptly notify the Owner via the Eqpme Messaging Center and to process the cancellation themselves through the Site or Application. For cancelled Transactions, regardless of duration, Eqpme will refund the Customer as follows:

Refund Type

Refund Amount

Partial Refund

2/3 of Transaction value less Eqpme Service Fee and applicable taxes

Limited Refund

1/3 of Transaction value less Eqpme Service Fee and applicable taxes

Equipment sales:

Cancellation is not available for any sale Transactions through the Platform. All sale Transactions are final.

Payment processing services for the Platform are provided by Stripe (the “Payment Processer”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the “Stripe Terms”). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. In the event of a cancellation in accordance with this Cancellation and Refund Policy, the Customer can expect a refund to be processed by Eqpme through its Payment Processer within ten (10) business days. Timelines are subject to Payment Processor availability and are not guaranteed or warranted whatsoever.

Transaction Modifications

If there are any Transaction modifications required, the Customer shall contact the Owner immediately to request same prior to either: (i) the commencement date and time of any Transaction or (ii) the Transaction date for any Equipment sale(s), as applicable. OWNERS AND CUSTOMERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT EQPME IS NOT A PARTY TO ANY TRANSACTION AND HAS NO ABILITY TO ENFORCE OR OTHERWISE ASSIST WITH ANY MODIFICATIONS TO TRANSACTIONS WHATSOEVER.

For any Transaction where the Customer requests a modification after the initial booking, the cancellation policy may come into effect. Please ensure you select the correct dates before completing any Transaction on the Platform. If a Customer requests a booking modification through the Platform and the Owner accepts, the modification does not reset the free cancellation period for the rental. It remains tied to the original rental booking time.

Owner No-Shows

If an Owner does not provide the Equipment at the agreed upon date, location and time, then a Customer’s first recourse is to attempt to contact the Owner directly via the Eqpme Messaging Center, e-mail or phone. If the Owner fails or refuses to respond within one (1) business day, please contact info@eqpme.com to request a full refund and provide reasonable details regarding the steps taken as a Customer to rectify the situation. Upon completion of an internal investigation by Eqpme, Eqpme may either approve or deny a Customer’s request for a refund due to an Owner’s failure or refusal to deliver Equipment. An Eqpme-approved no-show event by an Owner will result in a Customer being issued a full refund within fourteen (14) business days following the completion of the investigation and issuance of a final determination. This refund will be issuable notwithstanding any Owner Terms and the parties hereby expressly acknowledge and agree that this Policy shall take precedence over any Owner Terms to the extent of any disagreement. Owners acknowledge and agree that any Owner Terms uploaded to Eqpme shall be in compliance herewith or, if not, shall be deemed to be amended to be in compliance herewith. Depending on the terms of your rental/lease/sale agreement with the Owner, if any, you may have additional rights as a Customer.

Any Owner no-show event will be documented by Eqpme on the Owner’s Account and may, without limitation, be: (i) used to materially demote the User-rating, if any, of the Owner, (ii) treated as a breach of any applicable MSA, if any as well as the Terms generally and (iii) used as grounds for removal from the Platform. Owner’s may provide any reasonable evidence they deem necessary or of assistance for Eqpme’s consideration in the event of an Owner no-show event to detail potential mitigating circumstances, if any.

Eqpme reserves the right to charge an Owner an administrative fee relating to any no-show event equivalent the Eqpme Service Fee plus applicable taxes. The Owner expressly and irrevocably authorizes Eqpme to charge this administrative fee to any credit card(s)/bank accounts or other payment methods which may be affiliated with the Account.

Customers will not be held responsible if an Owner does not provide the Equipment as required pursuant to any Transaction.

Customer No Show

(A) Equipment rental

If a Customer does not accept delivery of the Equipment or make all necessary arrangements for transportation to pick-up the reserved Equipment from an Owner on or before the earlier of: (i) prior to 5:00 pm on the date of the reservation or (ii) within twenty-four (24) hours of the scheduled start time, as applicable, then the Owner has the right to cancel the Transaction in accordance with its terms and the Customer will be charged in full for the entire value of the Transaction. In the sole discretion of the Owner, if the Transaction is not cancelled, then the Customer may attempt to coordinate with the Owner via the Eqpme Messaging Center to make all necessary arrangements at the Customer’s sole cost and expense for transportation of the Equipment if the rental period is of a sufficient duration.

The Account for a Customer will receive an automated no-show notation which will be accessible by Owners to review as part of their due diligence for any future prospective Transaction through the Platform.

(B) Equipment sale

Owners shall be obligated solely to deliver (or make available for pick-up) the Equipment in accordance with the terms of the Transaction. Failure or refusal by a Customer to accept Equipment shall be governed by the Owner Terms in all instances.

Cross-border Transactions are not permitted on the Platform.

Early Returns for Equipment Rentals

If a Customer wants to return any Equipment forming part of a rental Transaction earlier than the agreed end time and date of their reservation such return will be subject to transportation availability and there will be no credits/refunds issued whatsoever.

Owner Cancellation Time Chart

Before initial reserved start date:

Cancellation more than Forty-Eight (48) hours before commencement of Transaction

100% refund to Customer

100% refund to Owner

Cancellation less than Forty-Eight (48) hours before commencement of Transaction

100% refund to Customer

25% of Eqpme Service Fee payable by Owner

Cancellation less than Twenty-Four (24) hours before commencement of Transaction

100% refund to Customer

50% of Eqpme Service Fee payable by Owner

Cancellation less than Three (3) hours before commencement of Transaction

100% refund to Customer

100% of Eqpme Service Fee payable by Owner

All cancellations within twenty-four (24) hours of commencement of a Transaction will be noted on an Owner’s Account. Cancellations within three (3) hours of commencement of a Transaction will be itemized on an Owner’s Account. All such cancellations will be viewable by Customers and other Owners.

Note: Processing time for refunds is approximately fourteen (14) business days. All payments, cancellations and refunds are conducted through Stripe’s payment processing system. Please view our Payment Processing section below and  Stripe’s Refunds and cancelling payments for further information.

Eligibility and Maintenance Policy

We recommend that you remove all personal property before making the Equipment available for a reservation. In addition, you should expect normal wear and tear on your Equipment and any Attachments, including minor scrapes and dings, in connection with your participation in the Services.

Condition of the Equipment and Optional Extras

You understand that third-parties own the Equipment and Extras offered through the Services. Each Owner is responsible for complying with all legal requirements (including ensuring the Equipment is registered and insured) and maintaining their Equipment in good working order such that it is both safe and operational. Customers acknowledge that operators should be trained in the specific use of the Equipment and, if required, have valid specialized licenses for the use of same. After the request-to-book has been completed by the Customer and communication has been established with the Owner, the Owner should upload photographs of their Equipment to the conversation platform between themselves and the Customer to provide evidence of the condition of the Equipment prior to the rental booking. After the Equipment is returned to the Owner, post-rental photographs should be uploaded to the Messaging Center to document to the state of the Equipment at the end of the rental. Customers are advised to complete a visual inspection before beginning to use any Equipment. If a Customer finds any pre-existing damage during an initial inspection of the Equipment, the Customer should upload photos of such pre-existing damage prior to, or at, the start of the Transaction to ensure that the Customer is not held responsible for the pre-existing damage and to proactively mitigate the potential for any future disputes. If a Customer believes that there is pre-existing damage to the Equipment following an initial inspection and fails to report same in the Inspection Centre and/or the Messaging Centre on the Platform prior to the commencement of the Transaction, then the Owner, Eqpme, any third-party administrators and insurance companies shall be entitled to assume that the damage occurred during the Transaction. If, after the initial inspection, the Customer believes that the Equipment is not safe to operate, please do not take possession of and/or use the Equipment, as applicable. Should this occur, the Customer must immediately contact the Owner directly to raise any concerns relating to Equipment safety and/or operability. Lastly, the Eqpme team should be notified at info@eqpme.com to document the incident and, in Eqpme’s sole discretion, investigate same. Eqpme may, but is not obligated to under any circumstance, void the Transaction and return funds to the Customer as a result of unsafe equipment.

Incident Reporting

If there is an accident or incident involving the Equipment during a Transaction, Customers must immediately report any damage to the Equipment to the Owner. If an accident, incident, or theft involving the Equipment has occurred, please immediately notify the appropriate emergency services provider (e.g. police, fire, etc.) and also contact the Owner. Failure by a Customer to report an incident in a timely manner, or cooperate in an investigation regarding an incident, may reduce or invalidate your claims, including with respect to insurance. Customers shall be bound by any applicable Owner Terms, if any, in addition to the Terms with respect to liability for any and all additional charges or fees to cover any out-of-pocket insurance deductible charges an Owner may incur relating to a claim against its Equipment insurance policy as a result of any such accident or incident.

Repossession

The Owner may repossess any Equipment booked through the Services without demand, at the Customer’s expense, if the Equipment is: (i) not returned by the end of the Transaction, (ii) found illegally parked/stored, (iii) abandoned or (iv) used in violation of any applicable law(s) or these Terms.

Lost/Stolen/Missing Equipment

If any Equipment goes missing, is/are not returned and/or is/are stolen during the reservation period (or any extension period), Customers are obligated to report these changes to the Owner as soon as possible, and in no event later than twenty-four (24) hours as part of their ongoing obligations with respect to the use of the Services, separate and apart from any further or other obligations which may be contained in any lease or rental agreement. Failure to comply with this obligation may lead to Eqpme to ban any infringing Customers in our sole, absolute and unfettered discretion, whether permanently or temporarily, from using the Services. Owners hereby acknowledge and agree that they are solely responsible for reporting any missing or stolen Equipment to the appropriate law enforcement authorities and any applicable insurance providers should they so choose. Owners and Customers acknowledge and agree that any disputes with respect to lost, missing or stolen Equipment shall be between themselves alone and Eqpme shall not be made a party to any such disputes for any reason whatsoever. Complaints relating to lost, missing or stolen equipment may be submitted by Owners to info@eqpme.com. Eqpme has the right, but not the obligation, to act on any such complaints received in our sole, absolute and unfettered discretion.

The following sections apply to Owners:

Information Given at Registration

When you sign up for Eqpme, you will have specifications of Equipment that you want to list for rental through the Services. Equipment must meet the requirements herein contained. You may only use the Services in connection with Equipment that you own or otherwise have all the necessary rights and permissions to rent for compensation.

Equipment Availability

Once a rental is booked, you are obligated to make the Equipment available or deliver the Equipment as expected by the Customer. If you offer the Customer the option to pick up your Equipment at a specified location, you must supply the location of the Equipment accurately to Eqpme and ensure that the Equipment is available at that location at the beginning of the reservation period.

Booking Expiration

After a Customer requests to book a piece of Equipment for rental, the Owner has a maximum of twenty-four (24) hours to accept and respond to the Customer. If not, the rental booking request will automatically expire and the Equipment will return to being available for rent to any Customer on the Platform.

Transportation

As an Owner, you will have total control over your pricing. In addition, Owners have the ability to offer transportation for each listing. These transportation fees will be applied by the Owner to the Customer through the Platform. Transportation is solely the responsibility of the Owner that is offering to deliver and/or pick-up their Equipment. Owners should ensure their transportation decisions are compliant with any and all local, provincial/state and federal requirements. Owners and Customers hereby acknowledge and agree that Eqpme has no connection to the Equipment or any insurance carried in respect thereof or any transportation thereof. Owners and Customers hereby acknowledge and agree to hold Eqpme harmless with respect to any claims of any kind whatsoever, including those related to transportation and/or insurance.

Maintenance

You are required to regularly check your Equipment for any defects, in particular those related to operations or safety. Owners represent and warrant that, at all times, the Equipment will be safe, operational, in good working order, and in full compliance with all applicable inspection, licensing and registration requirements. You will only list Equipment with a clean, non-salvaged, non- written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing Equipment to be booked. In addition, if Eqpme believes that your Equipment does not conform to reasonable standards, Eqpme may notify you and hereby reserves the right to remove or decline listing your Equipment until its concerns have been resolved. Eqpme may, but does not commit to, undertake efforts to ensure the safety of Equipment booked through the Services. Learn more about our Equipment eligibility requirements here. Equipment shall have its annual inspection records up to date, including any manufacturer stickers depicting maximum loads and information.

Incident Reporting

If, as an Owner, you believe that a Customer has caused any damage to your Equipment, we strongly advise you to report that damage as soon as you become aware of it and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for disputes as between you (Owner), the Customer and your insurance company (if applicable). You must report and record all incidents to your insurance company directly as Eqpme is not responsible for any incidents that may occur at any time or times before, during or after the use of the Services.

Lost/Stolen/Missing Equipment

If any Equipment go(es) missing, is/are not returned and/or is/are stolen during the reservation period (or any extension period), Customers are obligated to report these changes to the Owner as soon as possible, and in no event later than twenty-four (24) hours as part of their ongoing obligations with respect to the use of the Services, separate and apart from any further or other obligations which may be contained in any lease or rental agreement. Failure to comply with this obligation may lead to Eqpme banning Customer(s) from using the Services in our sole, absolute and unfettered discretion. Owners hereby acknowledge and agree that they are solely responsible for making due inquiry of Customers on a reasonable basis to confirm the status of rented Equipment and for reporting any missing or stolen Equipment to the authorities should they so choose. Owners and Customers acknowledge and agree that any disputes with respect to lost, missing or stolen equipment shall be between themselves alone and Eqpme shall not be made a party to any such disputes for any reason whatsoever. Complaints relating to lost, missing or stolen equipment may be submitted by Owners to info@eqpme.com. Eqpme has the right, but not the obligation, to act on any such complaints received in our sole, absolute and unfettered discretion.

Pricing Policy

Eqpme Service Fee

For all Transactions completed using the Platform, Eqpme shall charge the applicable Owner an “Eqpme Service Fee” which is calculated based on the then prevailing rate applicable to the subject Owner .

Extensions

The Eqpme Service Fee for any and all extensions will be calculated based on the total duration of the additional Equipment rental booking period. Extension rates are identical to rental rates posted on the Platform as of the date of commencement of the Transaction. Any pieces of Equipment not returned in accordance with the terms of a Transaction shall be deemed to have been extended by the Customer and the Owner (pending the Owner’s approval, which shall not be implied and may be revoked at any time in the Owner’s sole, absolute and unfettered discretion) for a period of one (1) day at the daily rate applicable as of the original booking date.

Rounding Off

Eqpme may, in its sole, absolute and unfettered discretion, round up or down amounts that are payable from or to Owners or Customers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) where permissible under applicable law.